Report to: Development Services Committee Report Date: May 20, 2008

SUBJECT: RECOMMENDATION REPORT

Anagni Homes Ltd.

Application for Site Plan Approval to permit two mixed use buildings consisting of 260 apartment units and commercial/retail space at grade, located at the northwest corner of Highway No. 48 and Edward Jeffreys Avenue,

Phase 1 – Governor’s Square

File No. SC 06 129809

PREPARED BY: Nilesh Surti, Senior Planner, ext. 4190

RECOMMENDATION:

That the report dated May 20, 2008 entitled, “Anagni Homes Ltd., Application for Site Plan Approval to permit two mixed use buildings consisting of 260 apartment units and commercial/retail space at grade, located at the northwest corner of Highway No. 48 and Edward Jeffreys Avenue, Phase 1 – Governor’s Square” be received;

That the Site Plan Application (File No. SC 06 129809) submitted by Anagni Homes Ltd to permit two mixed use buildings consisting of 260 apartment units and commercial/retail space at grade, located at the northwest corner of Highway No. 48 and Edward Jeffreys Avenue, Phase 1 – Governor’s Square, be endorsed in principle, subject to the conditions attached as Appendix ‘A’;

That servicing allocation for 210 apartment units (476.7 populations) be granted to Anagni Homes Ltd., with the balance of Phase I servicing allocation to be achieved through the York Region “Sustainable Development Through LEED” program;

That the Town reserves the right to revoke or reallocate servicing allocation should the development not proceed in a timely manner;

That the applicant agrees to pay their proportionate share of the Highway 48 flow control measures, to the satisfaction of the Director of Engineering;

That prior to the Director of Planning and Urban Design endorsing the site plan, the applicant shall submit to the Town Final Confirmation of Servicing Allocation Credits from the Region of York under their “Sustainable Development Through LEED” policy; and

That site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued following execution of a site plan agreement. Site Plan Approval is issued only when the Director has signed the site plan.

EXECUTIVE SUMMARY:

The subject lands include two properties with a combined area of 2.62 hectares (6.47 acres) and are located at the northwest corner of Highway No. 48 and Edward Jeffreys Avenue.

The original proposal consisted of 365 apartments in three buildings fronting onto Highway No. 48 and Edward Jeffreys Avenue. The height of the buildings ranged between 4-storeys and 10-storeys with retail/commercial spaces proposed at grade within the two buildings along Highway No. 48. Also proposed was a 936 m² (10,086 ft²) stand alone commercial building in the interior of the site. The Albert Wideman House was to be relocated elsewhere on the property.

The current proposal is for a mixed use development which will proceed in two phases. Phase 1 consists of two apartment buildings containing 260 units in total and ranging in height from 4-storeys to 10-storeys. A total of 2,237 m² (24,080 ft²) of retail/commercial space is proposed at grade. Three accesses are proposed for the site consisting of a full-moves access on Highway 48 and two full-moves accesses onto Edward Jeffreys Avenue. A total of 311 parking spaces are to be provided underground to serve the residents and a total of 132 surface parking spaces are proposed to serve visitors and the commercial/retail uses at grade. A private outdoor amenity area adjacent to the woodlot is also proposed.

The applicant is also proposing to relocate the Albert Wideman House to the southwest corner of property on Edward Jeffreys Avenue adjacent to the existing single-detached dwellings. The heritage house will be restored and renovated, as needed, and is expected to be utilized for commercial purposes.

Phase 2, which includes two additional apartment buildings on the westerly portion of the property. Unit count and building heights remain to be determined. The applicant will be required to submit a second site plan application to permit the development of Phase 2 to proceed.

The Official Plan and the Wismer Commons Secondary Plan designates the subject property “Major Commercial Area”. The designation provides for the proposed mixed-use development. The subject property is currently zoned Major Commercial (MJC) under By-law 177-96, as amended, except for the northwest quadrant of the property, which is zoned Open Space One (OS1) to protect a portion of the larger wood lot to the north. The Major Commercial zoning permits the proposed mixed use development.

The Highway 48 Urban Design Study, endorsed by Council in October 2005, provides urban design and development guidelines to be used in the evaluation of development applications within the Highway 48 corridor between 16^th Avenue and Major Mackenzie Drive. The subject lands fall within the identified Transition and Intensification district. The study envisions that the lands between Edward Jeffreys Avenue and Bur Oak Avenue perform as a transitional zone between the developments to the south and to the north, and should consist of more intense development in the form of multi-storey buildings with grade related retail, service and office uses. The proposed mixed use development is consistent with the vision for the Highway 48 corridor which is to create a highly pedestrian-friendly environment that supports street oriented retail and mixed use, higher density development, including residential.

The project has an original allocation of 150 units. However, the first phase of this project includes a total of 260 units. As part of the February 2008 Servicing Allocation Update, Council approved an additional allocation of 60 units. The applicant is seeking a 20% servicing allocation credit under the Region’s “Sustainable Development Through LEED” policy. The applicant is also seeking a ‘Silver’ LEED rating and intends to implement a number of design elements to achieve LEED Silver certification.

Staff are satisfied with the proposal and recommend that it be endorsed in principle, subject to the conditions attached in Appendix “A”.

PURPOSE:

The purpose of this report is to recommend endorsement of a site plan application submitted by Anagni Homes Ltd for the first phase of their development, which includes two mixed use buildings consisting of 260 apartment units and retail/commercial space at grade, located at the northwest corner of Highway No. 48 and Edward Jeffreys Avenue.

BACKGROUND:

Property and Area Context

The subject lands include two properties with a combined area of 2.62 hectares (6.47 acres). The lands are located at the northwest corner of Highway No. 48 and Edward Jeffreys Avenue with frontage on both roads (See Figure 1).

The property presently supports an existing heritage house designated under Part IV of the Ontario Heritage Act, known as the Albert Wideman House. The northerly portion of the lands contain approximately 0.2 hectares (0.49 ac.) of a 2.2 hectares (5.4 ac.) woodlot (The “Matrundola Woodlot”). Also, there are a number of mature trees located near the heritage house and along the northerly portion of the subject lands.

Adjoining the subject lands to the west are low density residential dwellings forming part of the Wismer Commons Community. Immediately to the north is the woodlot as well as vacant lands along Highway No. 48 intended to be developed by others for a mixed use development fronting onto Highway No. 48. To the east, across Highway No. 48, are existing industrial/commercial uses. To the south, across Edward Jeffreys Avenue, is a stormwater management pond and vacant commercial lands (See Figures 2 & 3).

Original Proposal was presented to Development Services Committee in 2006

The original proposal was presented to Development Services Committee on October 3, 2006 and consisted of 365 apartments in three buildings fronting onto Highway No. 48 and Edward Jeffreys Avenue. The height of the buildings ranged between 4-storeys and 10-storeys. A total of 3,379 m² (36,372 ft²) of retail/commercial spaces was proposed at grade within the two buildings along Highway No. 48. Also proposed was a 936 m² (10,086 ft²) stand alone commercial building in the interior of the site. The Albert Wideman House was to be relocated elsewhere on the property. Since that time, the site plan and elevations have evolved to address issues related to scale, massing, style and rhythm of the buildings, character of the neighbourhood, the existing woodlot and tree preservation.

Revised proposal still involves a mixed use development

The current proposal is for a mixed use development which will proceed in two phases. Phase 1 consists of two apartment buildings containing 260 units in total and ranging in height from 4-storeys to 10-storeys. A total of 2,237 m² (24,080 ft²) of retail/commercial space is proposed at grade (See Figure 4 & 5). Three accesses are proposed for the site consisting of a full-moves access on Highway 48 and two full-moves accesses onto Edward Jeffreys Avenue. A total of 311 parking spaces are to be provided underground to serve the residents and a total of 132 surface parking spaces are proposed to serve visitors and the commercial/retail uses at grade. The applicant is also providing a private outdoor amenity area adjacent to the woodlot.

Building A, facing Highway No. 48 and Edward Jeffreys Avenue is an “L” shaped building that is predominately 10-storeys in height. The building height steps down to 9-storeys at both the west and the north ends of the building. Building B, facing Highway No. 48, is also 10-storeys in height and steps down to 7-storeys at the north end of the building and 9-storeys at the south end. Buildings A and B are connected by a third storey walkway and a shared underground parking garage and access.

The site plan also shows a conceptual site layout for Phase 2, which includes two additional apartment buildings on the westerly portion of the property. Unit count and building heights remain to be determined. The applicant will be required to submit a second site plan application to permit the development of Phase 2 to proceed.

OPTIONS/ DISCUSSION:

Official Plan and Zoning

The Official Plan and the Wismer Commons Secondary Plan designate the subject property “Major Commercial Area”. The intention of this designation is to provide for large scale multi-use, multi-purpose centres offering a diverse range of retail, service, community, institutional and recreational uses serving a major portion of the municipality and/or broader regional market. This designation is also intended to accommodate medium and high density housing at appropriate locations. The designation provides for the proposed mixed-use development, subject to good urban design considerations; having regard for matters such as siting, massing, landscaping, pedestrian-friendly streetscape, and good pedestrian connections.

The proposed density is 99.2 units per hectare (40.2 units per acre) and the development will have a Floor Space Index (F.S.I) of 1.08. These are consistent with the High Density II provisions in the Official Plan [net site density of 99 to 148 units per hectare (40 to 60 units per acre)] and the F.S.I requirements in the Wismer Commons Secondary Plan (maximum F.S.I of 1.75).

The subject property is currently zoned Major Commercial (MJC) under By-law 177-96, as amended, except for the northwest quadrant of the property, which is zoned Open Space One (OS1) to protect a portion of the larger wood lot to the north. The Major Commercial zoning permits the proposed mixed use development.

Highway 48 Urban Design Study

The Highway 48 Urban Design Study, endorsed by Council in October 2005, provides urban design and development guidelines to be used in the evaluation of development applications within the Highway 48 corridor between 16^th Avenue and Major Mackenzie Drive. The vision for Highway 48 is to encourage a mixed-use, pedestrian-oriented district that incorporates new forms and trends in development that better support mixed retail and residential uses as well as provide a community focus. These guidelines are intended to be implemented progressively over many years as development and re-development proceeds. Hence, the purpose of the guidelines is to steer development towards the vision of a high quality, mixed use and pedestrian friendly district and to prevent undesirable built form and developments that may preclude the long-term fulfillment of the Town’s vision for the Highway 48 corridor.

The subject lands fall within the identified Transition and Intensification district. The study envisions that the lands between Edward Jeffreys Avenue and Bur Oak Avenue perform as a transitional zone between the developments to the south and to the north, and should consist of more intense development in the form of multi-storey buildings with grade related retail, service and office uses. Guidelines for this district call for:

Well-defined street wall incorporating a high proportion of glazing and primary building entrances which front onto Highway 48.
Residential buildings with grade related commercial uses.
Buildings which range in height between 2 and 8 storeys
At least 70% of the useable street frontage on Highway 48 to be occupied by buildings.
Surface parking to be well screened from the streets to reduce visual prominence.

The proposed mixed use development is consistent with the vision for the Highway 48 corridor which is to create a highly pedestrian-friendly environment that supports street oriented retail and mixed use, higher density development, including residential.

Town has Initiated Official Plan/Secondary Plan and Zoning By-law Amendments to implement the Highway 48 Urban Design Study

On October 17, 2006, Development Services Committee authorized staff to prepare Official Plan, Secondary Plan and Zoning By-law amendments to implement the approved land use and urban design vision for the Highway 48 corridor between 16^th Avenue and Major Mackenzie Drive, as established in the Highway 48 Urban Design Study. On February 19, 2008, a meeting was held with landowners in the Highway 48 corridor to discuss the implications of the proposed amendments on their properties and to receive their input. A statutory public meeting was held on April 22, 2008. A final recommendation report together with draft Official Plan and Zoning By-law Amendments will be brought forward to Development Services Committee in June or September.

Site Plan and Building Elevations are acceptable

Staff is satisfied with the site layout and building elevations (See Figures 4, 5A- 5E). The buildings are situated close to Highway No. 48 and Edward Jeffreys Avenue, which provide for a well-defined street wall incorporating extensive glazing and primary building entrances facing the streets. The podium, which has a height of 2-storeys, has a distinct façade which creates a pedestrian scale element and allows the building to create a “main street” character at the street level. A mixture of brick and stone precast panels combine to create the design of the podium. The main body of the building will consist of aluminum framed glazing and precast panels. The majority of parking to serve the residents is proposed underground, except some surface parking spaces are proposed to serve visitors and the retail/commercial stores at grade.

Landscaping and outdoor amenity area is acceptable

Landscaping opportunities are provided throughout the site. A 3 metre wide landscape strip is provided along Highway No. 48 and Edward Jeffreys Avenue, which will screen the single row of parking along these streets. The landscape treatment in this area will primarily include a mixture of coniferous, deciduous trees, shrubs, and perennials. Along the westerly boundary of the site, abutting the existing residential properties to the west, the applicant proposes a minimum 6 metre wide landscape buffer with a mix of coniferous and deciduous plantings. There are 4 butternut and 2 black walnut existing trees within the proposed outdoor amenity area that will be preserved and integrated as part of the outdoor amenity spaces. These trees will become the focal feature enriching the function and setting of the surrounding uses. The applicant has shown a 10.5 metre wide east-west pedestrian walkway located between the two buildings. As well, the site plan shows a 3 metre wide walkway along the store fronts and a network of pedestrian walkways along internal circulation routes and connections to adjacent streets. The woodlot located at the northwest corner of the property will be preserved.

Overall, the proposed development is expected to set the stage for redevelopment as envisioned in the Highway 48 Urban Design Study and serve as a catalyst for new developments to the north of this site.

Minor Variance is proposed to permit reduced on-site parking and to deal with revisions to some development standards

The applicant is seeking minor variances to reduce the required number of parking spaces on-site as well as to deal with revisions to some development standards.

The Parking By-law requires that parking for the proposed retail/commercial space at grade be provided at the Shopping Centre rate of a minimum1 parking space for every 23 m² of leasable floor area. Parking for the apartment units are required at a minimum rate of 1.25 parking spaces per dwelling unit plus 0.25 parking spaces per unit for visitors. On this basis, the proposed development requires a total of 496 parking spaces. The submitted site plan shows a total of 443 parking spaces (311 underground parking spaces for residents and 132 surface spaces for visitors and the retail/commercial uses). This represents a shortage of 53 parking spaces from by-law requirements.

The applicant has submitted a parking utilization study, prepared by Cole Engineering, transportation consultants. The study surveyed residential development near GO Stations and found that visitor parking demand is much lower than required by the Town’s Parking By-law. The surveys indicated rates less than 0.1 parking spaces per dwelling unit for visitors. Application of the reduced rate decreased the visitor parking requirements to 26 spaces; whereas the By-law requires a total of 65 spaces. The consultants have also indicated that this area is well served by transit. There are five GO Trains to Union Station every day in the morning peak and five return trains in the afternoon peak, supplemented with GO buses every 30 minutes during the off-peak periods and frequent service every 20-30 minutes by York Region Transit (Routes 4A and 18) and by Toronto Transit Commission (Route 102D).

The consultant has also indicated that the overall parking supply can be further reduced to take advantage of shared parking opportunities between the apartment visitor parking and the parking required for the retail uses. The rationale is that during the day residential visitor parking demand is significantly less, allowing more parking to be used by the commercial component. Similarly in the evening residential visitors parking could use some of the commercial parking since businesses are closed. It should be noted that the commercial use anticipated will be ancillary in nature to the development and will predominately cater to clients / patrons within and from the vicinity of the development. Therefore, much of the business will be walk-ins and the amount of parking needed is less than required by the Parking By-law. Staff are satisfied that the proposed 443 parking spaces are sufficient to accommodate the parking demands of the proposed development, and will support the minor variances.

The applicant is also seeking the following additional variances:

To increase the maximum permitted building height from 30 metres to 32 metres;
To reduce the minimum permitted building setback from Highway No. 48 from 19 metres to 18.3 metres;
To increase the maximum permitted building setback from the southerly property line from 10 metres to 18.7 metres;
To reduce the minimum setback of parking area from Highway No. 48 from 6 metres to 3 metres;
To reduce the minimum permitted landscape strip along Highway No. 48 from 6 metres to 3 metres;
To reduce the minimum permitted westerly side yard setback for the relocated Heritage House from 7.5 metres to 4 metres;
To permit mechanical exhaust equipment to encroach 3 metres into the required landscape strip abutting the northerly interior site yard; whereas By-law does not permit mechanical and ventilation equipment to encroach into the required landscape strip; and
To permit a minimum of 40% of the Highway No. 48 streetline to be the location of a main wall that is set back no further than 20 metres from the streetline of a municipal right-of-way; whereas the By-law requires that 40% of the Highway No. 48 streetline shall be the location of a main wall that is set back no further than 12 metres from the streetline of a municipal right-of way.

These variances are required to develop the site as proposed and are considered appropriate.

The Albert Wideman House

The Albert Wideman House is listed on the Markham Register of Properties of Cultural Heritage Value or Interest and is designated under Part IV of the Ontario Heritage Act. The house is also listed as a heritage resource in the Wismer Commons Secondary Plan and has been evaluated as a Group 1 heritage building. The Albert Wideman house is a 1 1/2 storey red brick farmhouse built c.1895. The House is an excellent example of a Queen Anne Revival brick farmhouse in Markham. Heritage Markham agreed to the relocation of the heritage house to the southwest corner of property on Edward Jefferys Avenue adjacent to the existing single-detached dwellings. As a condition of approval Heritage Markham is requiring a restoration plan for the building. As well, the applicant will be required to enter into a Heritage Easement Agreement with the Town for the heritage house and provide two Markham Remembered plaques.

Servicing allocation is available for this project through the Region’s “Sustainable Development Through LEED” policy

The applicant intends to proceed under the Region’s “Sustainable Development Through LEED” policy. The project has an original allocation of 150 units. However, the first phase of this project includes a total of 260 units. On February 5, 2008, Development Service Committee approved an additional allocation of 60 units and the owner will be seeking a 20% servicing allocation credit under the Region’s “Sustainable Development Through LEED” policy.

The applicant is seeking a ‘Silver’ LEED rating and intends to implement a number of design elements to achieve LEED Silver certification. Attached is a letter from the applicant indicating their commitment to achieving a LEED Silver certification as well as a list itemizing their proposed LEED initiatives for this project.

Conclusion

Staff are satisfied with the proposal and recommend that it be endorsed in principle, subject to the conditions attached in Appendix “A”.

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

None at this time.

ENVIRONMENTAL CONSIDERATIONS:

As noted above, there is a small portion woodlot at the northwest quadrant of the property. This portion of the property is zoned Open Space One (OS1) and will be protected. Also, There are 4 butternut and 2 black walnut trees that will be preserved and integrated as part of the outdoor amenity spaces.

ACCESSIBILITY CONSIDERATIONS:

The site plan shows a total of 9 parking spaces for the physically disabled, in accordance with the Parking By-law, located generally close to an entrance. In addition, barrier free pedestrian connections leading from the building entrances to the parking area and to the municipal sidewalk on Highway No. 48 and Edward Jeffreys Avenue have been provided.

ENGAGE 21^ST CONSIDERATIONS:

The proposed development will assist with the implementation of the following key Town of Markham Corporate Goals: Managed Growth, Quality Community and Infrastructure Management.

BUSINESS UNITS CONSULTED AND AFFECTED:

The site plan application submitted by the applicant has been circulated to various departments and external agencies. Requirements of the Town and external agencies have been reflected in the preparation of this report and conditions of approval.

RECOMMENDED BY:

_______________________________ _________________________________

Valerie Shuttleworth, M.C.I.P., R.P.P. Jim Baird, M.C.I.P., R.P.P.

Director of Planning and Urban Design Commissioner of Development Services

ATTACHMENTS:

Appendix A – Standard Site Plan Conditions

Appendix B – Letter from application regarding commitment to achieving a LEED Silver certification

Figure 1 – Location Map

Figure 2 – Area Context/Zoning

Figure 3 – Air Photo 2007

Figure 4 – Site Plan (Colour)

Figure 5a – Elevations

Figure 5b – East Elevations (Colour)

Figure 5c – South Elevations (Colour)

AGENT:

Vania Ottoborgo

History Hill Group

8700 Dufferin Street

Vaughan ON L4K 4S6

Tel: 416-736-9978; Fax: 905-669-0440

File Path: Q:\Development\Planning\APPL\SITEPLAN\06 129809 (Anagni Homes Inc.)\Final Recommendation Report.doc