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

SUBJECT: RECOMMENDATION REPORT

Precinct Plan Update for the Stringbridge/Times lands at the south-west corner of Highway 7 and South Town Centre Boulevard to incorporate a public park, and

Hold removal by-law for a portion of the Times lands

File No. ZA 08 114104

PREPARED BY: Scott Heaslip, ext. 3140

Senior Project Coordinator

Central District

RECOMMENDATION:

That the staff report entitled “Recommendation Report, Precinct Plan Update for the Stringbridge/Times lands at the south-west Corner of Highway 7 and South Town Centre Boulevard, and Hold removal for a portion of the Times lands, File No. ZA 08 114104” be received;

That the revised Precinct Plan for the Stringbridge Investments Limited and Times Group Corporation lands be approved;

And that the attached zoning by-law amendment to remove the Hold (H7) provision from the portion of the Times Group Corporation lands which is zoned “Markham Centre Open Space Two,” be enacted upon receipt of a written confirmation from the Times Group Inc., satisfactory to the Commissioner of Development Services, of their commitment to contribute appropriate funds, over and above normal parkland and development charge requirements, to the special park feature;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable.

1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

6. Accessibility 7.Engage^21st 8. Affected Units 9. Attachment(s)

The purpose of this report is to present an updated Precinct Plan for the Stringbridge/Times lands to incorporate a public park, and to recommend that the holding provision be removed from the portion of the Times lands to be developed with a public park.

BACKGROUND:

Location and Site Characteristics (Figures 2 and 3)

The subject lands have an area of 7.12 ha (17.6 acres) and are located between Highway 7 and Clegg Road, on the west side of South Town Centre Boulevard. Stringbridge owns 5.66 ha (14 acres) of the lands. Times owns the remaining 1.46 ha. (3.6 acres).

To the east is the recently completed Phase 1 of the Liberty office/residential development. To the north across Highway 7 is the first phase of Tridel’s Circa @ Town Centre condominium apartment and townhouse development. To the south across Clegg Road are existing low rise industrial developments. To the west across a hydro corridor is the existing Hydro One office building.

There are two 1-storey office/warehouse buildings on the south portion of the Stringbridge lands. In January 2007, Development Services Committee endorsed site plan approval for a 4-storey office building on north-west portion of the lands, fronting on Highway 7. Construction has not commenced on this project.

Majestic Court, a 14/16 storey, 532 unit apartment building, is under construction on the Times lands, which are located at the north-west corner of South Town Centre Boulevard and Clegg Road.

Times proposing to convey lands to Town for a public park

Times is proposing to convey the surface strata of up to 0.45 ha (1.1 acre) of their property to the Town for public park purposes. Times will retain the below grade strata, which would be occupied by underground parking for the adjoining apartment building.

Existing Precinct Plan does not include proposed public park

In 2000 Development Services Committee approved a Precinct Plan for the Stringbridge/Times lands showing a series of office form buildings fronting on Highway 7, transitioning in height from up to 16 storeys at the intersection with South Town Centre Boulevard to 4-6 storeys in the west part of the Precinct. The plan includes an internal driveway network connecting to Highway 7 to Clegg Road and South Town Centre Boulevard, and locations for above grade parking structures in the interior of the block.

In 2005, Committee approved an updated Precinct Plan (Figure 4), in conjunction with comprehensive zoning amendments, to incorporate the Times Group’s residential development and provide for increased office/employment opportunities on the balance of the Stringbridge lands. The approved Precinct Plan does not include the proposed public park.

Zoning by-law amended in 2007 to permit proposed park, subject to a hold

On June 26, 2007, Council approved amending By-law 2007-176 for the Times lands. This by-law increased the maximum permitted height of the Majestic Court development from 10/12 storeys to 14/16 storeys and the maximum number of residential units from 400 to 532, zoned the portion of the property to be occupied by the proposed park to “Markham Centre Open Space Two (Hold), and permitted an underground parking structure beneath the proposed park. The by-law sets out the conditions for removal of the hold, as follows:

a) An amended precinct plan incorporating a public park has been approved by Council.

b) The owner of the subject lands containing the park has entered into a development agreement with the Town to secure the following:

· The arrangements for providing public access and exposure to the park in the context of the amended precinct plan.

· The arrangements for the design and development of the park, including special features and upgrades, to the satisfaction of the Town.

OPTIONS/ DISCUSSION:

Times has prepared a revised Precinct Plan

Consultants for Times have prepared a revised Precinct Plan (Figure 5) for the combined holdings. The major feature of the plan, other than the incorporation of the park on the Times lands, is an upgrade to the design of the main driveway across the Stringbridge lands to look, feel and function as a municipal road, including sidewalks on both sides and “Markham Centre” standard illumination and other street furniture.

Revised Precinct Plan is generally acceptable

Although it would be preferable to have the park front on a true “public” road, staff acknowledge that Stringbridge wants to retain title to the main driveway to preserve the opportunity to refine the overall plan in the future and potentially locate underground parking beneath this driveway. Provided this driveway is designed to look, feel and operate like a public road, and provided that appropriate easements are granted to the Town to ensure unrestricted public access, staff are satisfied with this arrangement.

The proposed upgrade to this driveway and conveyance of access easements to the Town may also assist in eventually achieving full turning movements and the signalization of the intersection of Circa Drive with Highway 7. This would be a significant benefit to the development of the Stringbridge lands. It would also facilitate public access across the block to Clegg Road over a future driveway connection.

The revised Precinct Plan continues to show an above grade parking garage in the area adjoining the west boundary of the proposed park. Stringbridge is encouraged to consider relocating this garage in favour of an office building or other compatible building which would benefit from proximity to the park, or alternatively to set the garage further back from the edge of the park. This will be addressed through submission and review of a future development application for the Stringbridge lands.

Park must address site constraints

The park will be located partially over the underground parking garage of the Majestic Court project. The elevation of the top of the garage slab is fixed by the already constructed portions of the garage structure for the apartment building. As a result, portions of the park will be elevated above the level of the adjoining driveway in order to ensure sufficient soil depth for tree planting. This will constrain the design of the park, and potentially require ramping and up to 6 steps in some areas between the park and the adjoining lands. The park will also need to incorporate special design features to differentiate it from the landscape areas of the Majestic Court condominiums.

The Times Group has verbally committed to staff to contribute towards a special park feature such as a water fountain, over and above normal parkland and development charge requirements. This was reflected in the conditions of (H) removal for the park use (see page 3). It is suggested that this precondition be satisfied by a letter of commitment by Times, with design details to be finalized and incorporated by amendment to the Times Site Plan Agreement.

Conditions for removal of hold from zoning of the park block

Times requires removal of the holding provision from the zoning of the future park block to allow construction of the parking garage within this portion of the site.

Times has executed a site plan agreement with the Town for the Majestic Court Development. The site plan agreement outlines the conditions the Owner must satisfy before the Town will accept conveyance of the park and credit the area as parkland dedication (See Appendix B).

On the basis of the provisions in the site plan agreement, staff recommend that the attached hold removal by-law (Appendix A) be enacted, subject to a written confirmation from the Times Group Corporation of their commitment to contribute appropriate funds towards the installation of a special park feature, over and above normal parkland and development charge requirements.

FINANCIAL TEMPLATE (external link):

Not applicable.

Figure 1 – Location Map

Figure 2 – Area Context and Zoning

Figure 3 – Aerial Photo

Figure 4 – Approved (2005) Precinct Plan

Figure 5 – Proposed Revised Precinct Plan

Appendix ‘A’ - Draft Hold Removal By-law

Appendix ‘B’ - Excerpt from site plan agreement

File path: Amanda\File 08 114104\Documents\Recommendation Report

Times Hashem Ghadaki

Life Construction Inc.

Richmond Hill, ON L4B 3P8

Tel: (905) 882- 6286, ext. 250

Fax: (905) 882-2553

Email: hashem@timesgroupcorp.com

Agent for Times Bob Crews

140 Renfrew Drive, Suite 100

Markham, Ontario

Tel: (905) 477-3600

Fax: (905) 477-0892

Email: bcrews@jdbarnes.com

Stringbridge Stringbridge Investments Limited

3625 Dufferin Street

Downsview, ON M3K 1N4

Attention: Brian Seath

Tel: (416) 635-7520, ext. 524

Fax: (416) 635-6679

Email: bseath@hr-dev.com

Extract from Site Plan Agreement dated April XX, 2008 between 1619175 Ontario Inc. (Times Investments Limited.) and the Town

“19. Potential Future Town Park:

(1) The Owner proposes to convey the surface strata of the north-west portion of the Lands to the Town for a public park (the park).

(2) The Owner and the Town agree that the Town may accept conveyance of the park and credit the area of the park as parkland dedication, subject to the following conditions:

(a) Town Council has approved an amended precinct plan, incorporating the park, for the block bounded by Highway 7, South Town Centre Boulevard, Clegg Road and Rodick Road;

(b) The Commissioner of Development Services has approved the area, configuration and boundaries of the park;

(c) The Owner has entered into a development agreement with the Town, to be registered on title to the Lands, to secure the following:

§ arrangements for providing public access and exposure to the park in accordance with the amended precinct plan;

§ arrangements for the design, engineering and development of the park, including special features and upgrades;

§ regulation of the reciprocal easements, the maintenance of the parking garage beneath the park, and continuing indemnity from the Owner in favour of the Town in respect of damages that may occur to the Park as result of the development, use, maintenance, repair or replacement of the parking garage.

(d) An easement for public access has been granted to the Town over the driveway adjoining the north boundary of the park. The easement shall extend from the west boundary of the park to South Town Centre Boulevard.

(e) The Town has reviewed and approved the following drawings/reports:

· design specifications for the surcharge load and structural design of that portion of the parking garage which is to be constructed beneath the park, including, without limitation, plans, cross sections and details of the loading schedule in respect of such portion of the parking garage, which loading schedule shall take into account live and dead loads as required by the Building Code Act, with allowances for loadings such as construction vehicles, playground structures, trees, shrubs and groundcovers, public use, landscape features, planters, small structures for utilities or public washrooms and public art.

· Plans for roof drainage and waterproofing with an appropriate membrane of the portion of the underground parking garage located below the potential future park, for protection against damage from the use and maintenance of the park, including but not limited to tree root growth, so as to prevent water penetration into the parking garage from the Park. The load design must accommodate a planting medium depth of 1.25m minimum to support tree planting above the entire parking structure according to Town park development standards.

(f) The Town has completed an inspection of the underground parking garage beneath the Park and has confirmed that the garage has been constructed in accordance with the approved drawings/reports referred to above.

(3) The Owner acknowledges and agrees that in the event that Town Council does not approve the revised precinct plan, or in the event that any of the conditions outlined above have not been met to the satisfaction of the Town’s Commissioner of Development Services, the Town will not accept conveyance of the park and will not credit the area of the park as parkland dedication and the Town shall be at liberty to draw on the Letter(s) of Credit for cash-in-lieu of parkland dedication.

(4) If the Owner fails to satisfy the conditions for conveyance of the park within six months of substantial completion of the underground parking garage, the Owner covenants and agrees that the said Letter of Credit securing cash-in-lieu of parkland shall be cashed by the Town and the proceeds paid into the Town’s parkland cash-in-lieu reserve fund.”

FIGURE 1 - LOCATION MAP: