Report to: Development Services Committee Report Date: June 17, 2008

SUBJECT: RECOMMENDATION REPORT

Jolie Home Inc.

Application for Official Plan Amendment for a mixed-use development

East Side of Kennedy Road between Castan Avenue and South Unionville Avenue

South Unionville Community

FILE NO. OP 07 126509

PREPARED BY: Scott Heaslip, ext. 3140

Senior Project Coordinator

Central District

RECOMMENDATION:

That the report dated June 17, 2008 titled “Recommendation Report, Jolie Home Inc.; Application for Official Plan Amendment for a mixed-use development; East side of Kennedy Road between Castan Avenue and South Unionville Avenue; South Unionville Community; File No. OP 07 126509” be received;

And that the record of the Public Meeting held on April 8, 2008 to consider the Official Plan Amendment and corresponding zoning amendment applications, be received;

And that the Official Plan Amendment application (OP 07 126509) be approved as outlined in the staff report and the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted;

And that staff report back on the corresponding rezoning application together with the required site plan application once detailed plans have been submitted and the issues outlined in the June 17, 2008 staff report have been addressed to the satisfaction of staff;

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

EXECUTIVE SUMMARY:

The subject lands have an area of 2.86 hectares (7.07 acres) and are located on the east side of Kennedy Road, between Castan Avenue and the proposed extension of South Unionville Avenue.

The applicant is proposing to develop the lands with a mixed-use development including retail and office uses, an 8-storey, 178-unit apartment building, and 30 townhouse units.

An Official Plan Amendment is required to extend the “Community Amenity Area” designation across the entire site and to incorporate site-specific development standards reflecting the proposed development. A zoning by-law amendment is also required to zone the lands “Community Amenity Area.”

A Public Meeting was held on April 8, 2008 to consider the requested Official Plan Amendment and corresponding zoning amendment applications.

Technical and design issues have been sufficiently addressed to allow staff to recommend approval of the requested Official Plan Amendment as outlined in this report. The proposed Amendment:

• extends the “Community Amenity Area” designation across the entire site.
• increases the maximum height of the permitted apartment building from 5 ½ to 8 storeys, subject to a minimum setback from the east boundary.
• restricts permitted uses on the easterly portion of the site, adjoining the proposed north-south local road, to townhouses only.
• permits a maximum residential density of 80 units per hectare (32 units per acre).
• incorporates design guidelines to direct built form, massing, landscaped open space and other design matters.

Staff will report back to Development Services Committee on the rezoning application and on the required site plan application once the project plans have been refined to the satisfaction of staff.

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

5. Others (HR, Strategic, Affected Units) 6. Attachment(s)

PURPOSE:

The purpose of this report is to discuss and recommend approval of an application for Official Plan Amendment to permit a proposed mixed-use development on the east side of Kennedy Road, between Castan Avenue and the proposed extension of South Unionville Avenue.

BACKGROUND:

Subject Lands and Area Context

The subject lands have an area of 2.86 ha (7.07 acres) and front on the east side of Kennedy Road between Castan Avenue and the proposed extension of South Unionville Avenue (Figure 1). The applicant owns the majority of the lands, and has an offer to purchase with Dougson Investments Inc. (Nissan) for a 0.37 ha (0.91 acres) parcel at the north east corner of the future intersection of Kennedy Road and South Unionville Avenue (Figure 5). The proposal also includes a small residual parcel of Town-owned lands towards the north end of the site which would have to be acquired from the Town by the applicants (Figure 5). The applicant owns additional lands to the east which are designated “Neighbourhood Park” in the South Unionville Secondary Plan.

Official Plan and Zoning

The westerly two-thirds of the subject lands, adjacent to Kennedy Road, are designated Community Amenity Area in the South Unionville Secondary Plan (OPA 22). The remainder is designated “Low Density Residential.” (Figure 4)

The lands are currently zoned with a number of different agricultural and residential zone categories (Figure 2).

Proposal (Figures 5-9)

The applicant has applied to amend the Official Plan and the Town’s zoning by-laws to permit a mixed-use development consisting of:

• a total of 16,368 m² (176,190 ft²) of ground floor and second floor retail, restaurant, office and other commercial uses (see Figures 6 and 7), including provision for a 4651 m² (50,061 ft²) supermarket.
• An 8-storey, 178-unit apartment building focused on the future intersection of Kennedy Road and South Unionville Avenue. The ground floor of this building will also include retail uses.
• Thirty 3 and 4 storey townhouse units fronting on a proposed north-south local road which will form the eastern boundary of the site and along the east portion of the South Unionville Avenue frontage.
• a 177 space surface parking lot and a 1060 space two-level underground parking garage.

The applicant advises that the entire development, including the commercial units, will be in condominium tenure.

The applicant has not yet submitted a site plan application. Detailed site plans and building elevations, which would form the basis for the site specific zoning standards to be applied to this proposal, have not been prepared. As the majority of staff’s remaining concerns relate to the site plan details, this report only deals with the requested Official Plan Amendment.

OPTIONS/ DISCUSSION:

Retail component implements planned function of Community Amenity designation

The “Community Amenity Area” designation along the Kennedy Road frontage of the South Unionville Community is intended to be the location of the major commercial uses serving the residents of the South Unionville community, to be located in pedestrian friendly, mixed use developments.

The proposed development with its mix of retail, food, office and residential uses, implements this vision, and addresses the identified need for local retail commercial facilities to serve the residents of the South Unionville Community.

Appropriate location for higher density residential component

The subject property is on VIVA and YRT routes and is within walking distance of the Unionville Go Train Station.

Use and built form transition to low density residential community to the east

The proposed 8-storey apartment building is focussed on the intersection of Kennedy Road and South Unionville Avenue, away from the lower density residential community to the east. The proposed 3 and 4 storey townhouses will provide an appropriate face to the purely residential community to the east and a transition to the commercial component of the proposed development and the higher density residential development on Kennedy Road.

Built form is appropriate

The proposed development has a strong street edge relationship with all of the adjoining roads. The majority of the parking will be below grade, and the surface parking will be internalized and located behind the buildings.

Development will facilitate South Unionville Avenue and local road connection to Castan

The proposed development will require dedication and construction of a key missing section of South Unionville Avenue where it intersects with Kennedy Road, as well as the north/south local road connection between Castan Avenue and South Unionville Avenue, which will provide residents along Castan with convenient access to the signalized intersection at South Unionville Avenue and Kennedy Road.

Some concerns identified at the Public Meeting by area residents

The president of the South Unionville Community Association expressed concern with the potential increase of traffic on South Unionville Avenue and with the height of the then proposed 12 storey residential towers. Other residents also expressed concern with potential traffic increase and building height, the potential for overflow parking onto local residential streets, the safety of children that use nearby streets to walk to school, noise, abandoned shopping carts, the lack of landscaped open space on the site, garbage and loading.

Official Plan Amendment can proceed

Technical and design issues have been sufficiently addressed to allow staff to recommend approval of the requested Official Plan Amendment as outlined in this report. The proposed Amendment (Schedule “A”):

• extends the “Community Amenity Area” designation across the entire site to the new north-south road. This will facilitate the comprehensive development of the site with the intended retail uses in a pedestrian friendly, mixed use environment, and for the new north-south road and the neighbourhood park to serve as the buffer to the low density residential community, to the east.

• increases the maximum height of the permitted apartment building from 5 ½ to 8 storeys, subject to a minimum setback from the east boundary.
• restricts permitted uses on the easterly portion of the site, adjoining the proposed north-south local road, to townhouses only.
• permits a maximum residential density of 80 units per hectare (32 units per acre).
• incorporates design guidelines to direct built form, massing, landscaped open space and other design matters.

Plans need to be refined and community and staff concerns addressed before zoning by-law is finalized

There are a number of outstanding items that may impact on the zoning by-law amendment, including:

· The concept plans submitted by the applicant continue to evolve and do not, to date, include sufficient detail to form the basis of a site specific zoning by-law. Staff have advised the applicant to submit a formal site plan application, including the detailed project plans and supporting materials which will facilitate the drafting of a by-law to reflect an appropriate massing, built form, and mix of uses.

· Many of the concerns expressed by area residents at the Public Meeting (noise, garbage, loading, shopping carts, landscaped open space) need to be addressed in the project plans at the site plan stage.

· Ward Councillor Virgillio committed at the Public Meeting to host a community meeting with the residents. This meeting should occur after more detailed project plans have been submitted, and prior to site plan approval.

• The consolidation of land ownership and sale/transfer of residual Town-owned lands to applicant need to be resolved.
• The lands required for the South Unionville Avenue road right-of-way, including the proposed traffic circle at the intersection of South Unionville with the proposed north-south local road, needs to be finalized.
• The Functional Traffic Impact Study needs to be finalized. Staff are concerned that the most recently submitted plans show the primary vehicular access onto Castan Avenue and the new north-south road, rather than onto South Unionville Avenue. This could increase the traffic impact on nearby residential streets.
• The arrangements for the dedication and construction of South Unionville Avenue and the new north-south local road, including cost sharing with other area landowners and provisions for the long term maintenance of the proposed traffic circle, need to be finalized.
• The Drainage and Servicing Study needs to be finalized to determine the location and size of stormwater management facilities within this area of the South Unionville Community.
• Resolution of South Unionville parkland dedication requirements and arrangements for conveyance to the Town of the applicant’s residual “Neighbourhood Park” lands, which are located to the east of the new

north-south road.

• Commitment to LEED certification remains pending, and will be required prior to site plan approval.

Servicing Allocation

The Chiavatti et. al. plan of subdivision in South Unionville (19TM-99021) was draft approved and assigned servicing allocation of 87 units in 2001, but only 36 units proceeded to registration. Staff is recommending that servicing allocation sufficient for 20 apartment units be transferred from the Chiavatti plan to East Markham Non-Profit Homes Inc.(EMNPH). A portion of the remainder of the Chiavatti subdivision has subsequently been incorporated into the Jolie Home site. Sufficient remaining servicing allocation remains after the transfer to EMNPH, for the 30 proposed townhouses. However, there is no available allocation for the 178 proposed apartment units. The zoning by-law amendment, when it proceeds, will therefore need to include a holding provision to withhold construction of the apartment component until servicing allocation has been assigned.

FINANCIAL TEMPLATE: (external link)

Not applicable.

ALIGNMENT WITH STRATEGIC PRIORITIES:

The proposed development supports the Town’s Strategic Priorities, as follows:

Growth Management - development represents intensification along a

transit corridor.

Transportation/Transit - proposal is for a higher density, transit oriented

development.

DEPARTMENTS CONSULTED AND AFFECTED:

The applications have been circulated to all relevant departments and outside agencies. The requirements of Town department and public agencies will be addressed in the final project plans and the conditions of site plan approval and secured in the required site plan agreement.

RECOMMENDED BY:

________________________ ________________________

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

Director, Planning & Urban Design Commissioner, Development

Services

ATTACHMENTS:

Figure 1 - Location Map

Figure 2 - Area Context

Figure 3 - Air Photo

Figure 4 – Secondary Plan Schedule

Figure 5 - Site Plan

Figure 6 – Ground Floor Plan

Figure 7 – Second Floor Plan

Figure 8 – Parking Level P1

Figure 9 – Parking Level P2

Appendix ‘A’ - Draft Official Plan Amendment

Contact: Harold R. Kersey, MCIP, RPP

Vice-President, Planning & Development

Mady Development Corporation

Tel: Toronto 416-920-0907 ext. 116

Windsor 519-252-2500 ext. 33

Fax: 416-920-0916

Email: hkersey@madycorp.com

File: Q:\Development\Planning\APPL\OPAPPS\07 126509 Jolie Home\Jolie recommendation report.doc