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

 

 

SUBJECT:                          RECOMMENDATION REPORT

                                            Kennison Properties Inc.

                                            7792, 7802 and 7812 Kennedy Road

                                            (west side, north of 14th Avenue)

                                            Application for site plan approval for a 5-storey, 120 unit apartment building for East Markham Non-Profit Homes Inc.

 

                                            File No. SC 08 112830

 

PREPARED BY:               Scott Heaslip, ext. 3140

                                            Senior Project Coordinator

                                            Central District

 

 

RECOMMENDATION:

 

That the report dated June 17, 2008 entitled “Kennison Properties Inc.; 7792, 7802 and 7812 Kennedy Road; (west side, north of 14th Avenue); Application for site plan approval for a 5-storey, 120 unit apartment building  for East Markham Non-Profit Homes Inc;  File No. SC 08 112830;” be received;

 

And that the application be endorsed, in principle, subject to the conditions attached as Appendix “A,” and the following:

  • That the Owner enter into a development agreement (which may form a component of the site plan agreement) for the proposed extension to Deverill Court and for the naturalization of the adjoining Town-owned lands, as outlined in the June 17, 2008 staff report.

 

And that 227 persons (100 apartment units) of servicing allocation be assigned to East Markham Non-Profit Homes Inc. from the Town Reserve;

 

And that 45.4 persons (20 apartment units) of servicing allocation, which were assigned to the Chiavatti, et. al. plan of subdivision in South Unionville (19TM-99021) in 2001, be transferred to East Markham Non-Profit Homes Inc;  

 

And that site plan approval be delegated to the Director of Planning and Urban Design or her designate.  Site Plan approval is issued only when the Director has signed the site plan;

 

And that the site plan processing fees be payable prior to the issuance of building permits for the proposed development;  

 

And that the energy conservation and sustainability package proposed by the applicant (Appendix “B”) be accepted for this project as an alternative to LEED certification;  

 

And that this endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing June 17, 2008, in the event that the site plan agreement is not executed within that period;

 

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

 

EXECUTIVE SUMMARY:

 

Kennison Properties/Del Ridge Homes has applied for site plan approval for a 5-storey, 120 unit apartment building for East Markham Non-Profit Homes Inc. west of  Kennedy road, north of 14th Avenue. The building, which will be funded under the Canada-Ontario Affordable Housing Program, will incorporate an extensive and innovative energy conservation and sustainability package. 

 

The proposed site plan and building elevations are generally acceptable. Staff will work with the applicant over the summer to resolve the outstanding design issues and the Director will issue final approval upon resolution.   The proposed energy conservation and sustainability package is acceptable as an alternative to formal LEED certification and will be secured in the site plan agreement.  

 

Staff are also recommending that the planning processing fees be deferred to the building permit as the upfront payment of processing fees would be a burden because funds under the Affordable Housing Program are not received until the building permit stage.

 

As discussed at Development Services Committee on April 13, 2008, the Finance Department is to bring forward a recommendation to General Committee on Town financial incentives for this affordable housing project.

 

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 recommend that Committee endorse an application for site plan approval for a 5-storey, 120 unit apartment building for East Markham Non-Profit Homes Inc.

 

BACKGROUND:

 

Subject Lands and Area Context

The subject lands have an area of 0.69 ha (1.7 acres) and are located west of Kennedy

Road and north of 14th Avenue. (Figure 2) The lands comprise the rear portions of three formerly residential properties (7792, 7802 and 7812 Kennedy Road), with all three of the dwellings being converted many years ago to commercial office use.  One of the dwellings (7802 Kennedy Road) has since been demolished.  The lands slope down approximately 4 ˝ metres (15 feet) from a high point at the north-east corner to a low point at the south-west corner.  The adjoining development to the north (T.S.L. Investments) is lower than the subject lands and addresses the change in grade with a 2.5 metre (8 foot) retaining wall abutting the boundary with the subject lands.  The only existing vegetation on the lands is trees and shrubbery associated with the dwellings.   

 

Proposal (Figures 4 and 5)

The key features of the proposed development are:

  • The project is funded through the Canada-Ontario Affordable Housing Program. This funding is the first senior government funding for housing in more than 10 years.  This project is the largest allocation of York Region’s share of the program. 
  • The proposed 120 rental apartment units will include:

- 56 one bedroom units

- 26 two bedroom units

- 26 three bedroom units

- 12 four bedroom units

  • The units will house seniors, single adults, couples and families with children. 
  • 12 of the units will be designed to meet the needs of persons with physical disabilities
  • Up to 20 of the units will be provided to persons with mental illness and up to 12 units to victims of domestic violence
  • A portion of the ground floor will be allocated to the Canadian Mental Health Association for an outreach office.
  •  138 parking spaces will be provided, 87 in a 1-level underground garage and 51 in surface lots.
  • The primary vehicular access will be off Deverill Court, with a secondary restricted (right in-right out) access to Kennedy Road.
  • The building will be primarily faced with brick, accented with rough-faced stone veneer.
  • The building will incorporate extensive energy efficiency and environmental sustainability features (Appendix “B”), including:

- geothermal heating and cooling system

- solar panels on entire roof surface – surplus energy produced to be sold into  the grid

- wind generators on the roof – energy produced to be stored in batteries to power common lighting. 

- insulated concrete form technology for the walls to reduce heat loss/gain.

- use of insulated concrete form technology for the basement to eliminate the need to heat the underground garage. 

- R60 or better roof insulation to reduce heat loss/gain through the roof

- energy saving windows with low E3 panes

- motion sensing lighting, where appropriate

- solar parking lot lighting

- LED and CFL lighting throughout

- dual flush toilets

- low flow shower heads

- energy saving appliances

- landscaping to be irrigated with stored storm water

- generous natural lighting to reduce requirement for artificial light

- individually controlled heating and cooling systems

 

Kennison Properties/Del Ridge Homes proposes to develop the adjoining lands to the east (the front portions of 7792, 7802 and 7812 Kennedy Road) with a three storey office building. (see Figure 4)  They will be applying shortly for rezoning and site plan approval for this building.

 

Previous approvals

On November 14, 2007, the Committee of Adjustment approved a minor variance to permit the proposed use (as a public use), the building height and setbacks, and proposed parking to be provided at a reduced rate of 1.1 spaces per unit.

 

On May 13, 2008, Christine Pacini, representative of EMNPH, made a presentation to Development Services Committee to outline the Group’s requests to the Town in support of the proposed development.  The requests include:

  1. financial incentives, including a grant-in-lieu of the Town’s portion of development charges and a grant-in-lieu of parkland  
  2. deferral of  site plan processing fees
  3. approval of an alternative to formal LEED certification
  4. servicing allocation.

Mr. Dave de Sylva of Kennison Properties/DelRidge Homes presented the proposed energy conservation features.  Committee indicated support for the requests, and referred the financial incentive requests to the Treasurer for a report to General Committee.  The other requests were referred to Planning staff to be addressed in the report to the Development Services Committee regarding the site plan application.

 

On May 21, 2008, the Committee of Adjustment approved consent application B/04/08, to sever the rear portion (to be occupied by the proposed apartment building) from the front portion (to be occupied by the proposed office building), and to create an access and servicing easement over a proposed driveway to be shared by the two developments.

 

OPTIONS/ DISCUSSION:

 

Project plans generally acceptable, subject to refinement

The proposed 5-storey L-shaped apartment building will face, across the surface (visitor) parking area, onto Deverill Court. The building will have driveway access to both Deverill Court and to Kennedy Road over a main east-west driveway, which will be shared with the office building. The entrance to (resident) underground parking area will be integrated into the south wing of the building.  An outdoor amenity area for the residents will be located to the rear (east) of the building. The building will be primarily faced with two colours of brick, accented by areas of rough faced stone veneer.

       

While the overall site layout and massing are acceptable, staff are working with the applicant to refine the plans to better respond to the site topography and the developments on the adjacent properties, and to address a number of details including pedestrian access, ensuring a useable resident outdoor amenity area, more opportunities for site landscaping, and the details of the building elevations.  These refinements will be incorporated into the final site plan and building elevation drawings. 

 

Proposed energy conservation and sustainability package is acceptable

As outlined in the background section, the applicant is proposing to incorporate an extensive and innovative energy conservation and sustainability package into the building.  The applicant advises that this package will yield a significantly greater reduction in energy consumption than a LEED Silver standard.  The applicant’s commitment to implement the proposed energy conservation and sustainability package will be documented in the site plan agreement.  The applicant will be required to provide Certificates from the project architect and engineering stating that the energy conservation and sustainability package has been implemented, prior to the release of any letters of credit for this project.   

 

Applicant to extend Deverill Court and landscape Town-owned lands

Deverill Court currently ends in a temporary cul-de-sac just north of the subject property.  The Town owns approximately 0.8  ha  (2 acres) of land immediately south of the existing terminus of Deverill Court.  These lands, which were acquired by the Town many years ago to protect for a future extension to Deverill Court to access 7792, 7802 and 7812 Kennedy Road, are overgrown with a small open ditch connecting existing storm sewers to the north and south.  The lands are also encumbered by a subsurface storm sewer and a water main.   Now that the ownership of the three properties has been consolidated, Deverill Court only needs to be extended approximately 25 metres (82 feet) south to connect to the proposed development. As a condition of site plan approval the applicant will be required to enter into a development agreement with the Town (which may form a component of the site plan agreement) to secure the proposed road extension, and to undertake the naturalization of the remainder of the Town owned lands, at the Owner’s expense.   Upgrading the existing ditch to a “bioswale” and intensive planting of the remainder of the lands with native trees and shrubbery will be included.  The Town will continue to own and maintain these lands.

  

Applicant working with the adjoining landowner

The applicant is working with T.S.L. Investments, the owner of the adjoining property to the north to lower the existing retaining wall between the two properties, which is unsightly and compromises the grading of the proposed development.  The applicant is also working to secure conveyance to the Town of two small triangles of land (see Figure 4) in order to minimize the length of the proposed Deverill Court extension. 

 

Servicing allocation

In anticipation of this project coming forward, on September 21, 2006 Council authorized “a conditional servicing allocation, in the order of 100 units, from the Town reserve, in support of any affordable rental housing projects(s) located in the Town of Markham, which may be approved for Canada-Ontario Affordable Housing Program funding.”  The applicant is proposing 120 units. 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. A portion of the remainder of the Chiavatti subdivision was subsequently incorporated into the Joli Homes site, which is the subject of applications for Official Plan and zoning by-law amendment to permit a mixed use development on the east side of Kennedy Road, between Castan Avenue and South Unionville Avenue. The first phase of the proposed Jolie Homes development includes 28 townhouses, which could proceed with this allocation. Staff recommend that 45.4 persons (20 apartment units) of the remaining allocation, which is not required for the Jolie Homes development, be transferred to this development.

 

Processing fees to be deferred

EMNPH has requested that payment of the site plan approval processing fees be deferred to the building permit stage.  Staff report this request.  The upfront payment of processing fees would be a burden to EMNPH as funds under the Affordable Housing Program are not received until the building permit stage.  The Town similarly deferred the processing fees for the Old Kennedy Co-operative Development Corp. project on Old Kennedy Road.  

 

Conclusions

The proposed development is generally acceptable. Staff will work with the applicant over the summer to resolve the outstanding design issues and the Director will issue final approval upon resolution.      

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

 

The Treasurer is reporting to General Committee on a request from East Markham Non-Profit Housing for financial incentives in support of the proposed development.

 

HUMAN RESOURCES CONSIDERATIONS:

 

Not applicable.

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

 

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

Growth Management      -        development represents intensification along a

                                                  transit corridor, and is an example of

                                                  intergovernmental coordination.

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

                                                  development.

Environment                   -        development will incorporate an extensive and

                                                  innovative energy conservation package.  

Public Safety/Diversity   -        development will accommodate residents with a  

                                                  range of specialized needs

 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

 

This application has been circulated to internal departments and external agencies. All comments/requirements of these departments and agencies are either reflected in the site plan, landscape plans and elevations attached to this report, or will be reflected in the final plans and 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:           Site Location

Figure 2:           Area Context

Figure 3:           Aerial Photo    

Figure 4:           Site Plan

Figure 5:           Building Elevations

 

 

Appendix A:         Conditions of Site Plan Approval

Appendix B:         Letter from Dave deSylva dated April 18, 2008

 

 

 

Applicant:                   Dave deSylva                                       Tel: (905) 479-5793

                                  Kennison Properties Inc.                      Fax (905) 479-2934

                                  1151 Denison Street, Unit 18               Email: howland@bellnet.com      

                                  Markham, Ontario

                                  L3R 3Y4

 

 

 

 

 

 

 

Agent:                        Tony Masongsong                                Tel: (905) 944-0162

                                  Masongsong Associates Engineering   Fax: (905) 944-0165

                                  1151 Denison Street, Suite 15               Email: tonym@maeng.ca

                                  Markham, Ontario

                                  L3R 3Y4

                                 

EMNPH Agent:          Christine Pacini                                     Tel: (905) 763-7555, ext.106    

                                  SHS Consulting                                     Fax: (905) 763-7558

                                  70 East Beaver Creek Road, Unit 46     Email: cpacini@shs-inc.ca

                                  Richmond Hill, Ontario

                                  L4B 3B2

 

File path:  Q:\Development\Planning\APPL\SITEPLAN\08 112830 EMNPH

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX ‘A’

 

Conditions of site plan approval

 

1.                  That the Owner enter into a site plan agreement with the Town containing all standard and special provisions and requirements of the Town, and the specific requirements identified in the June 17, 2008 staff report.

 

Note: Finance staff to report to General Committee on Town financial incentives for this affordable housing project.

 

2.                  That the site plan agreement include provisions for payment by the Owner of all applicable fees, recoveries and development charges, and cash-in-lieu of parkland dedication.

 

3.                  That prior to execution of the site plan agreement the Owner shall refine the site plan, grading plans and elevation drawings to the satisfaction of the Director of Planning and Urban Design or her designate to address the issues outlined in the June 17, 2008 staff report.

 

4.                  That the site plan agreement contain provisions for the Owner to provide the proposed energy conservation and environmental sustainability package as outlined in the April 18, 2008 memo (Appendix “B” to the June 17, 2008 staff report) to the satisfaction of the Town. 

 

5.                  That prior to release of any letters of credit for this project, the applicant shall provide certificates from the Owner’s architect and engineer stating that the energy conservation and sustainability package has been implemented in accordance with Condition 4, above.  

 

6.                  That prior to the execution of the site plan agreement, the Owner shall submit final site plan and building elevation drawings which include building materials, colours and details, for approval by the Director of Planning and Urban Design or her designate.

 

7.                  That prior to the execution of the site plan agreement the Owner shall arrange with the landowner to the north to convey to the Town the lands  required for the proposed extension of Deverill Court, or alternatively to redesign the extension to not require these lands.

 

8.                  That prior to the execution of the site plan agreement the Owner shall provide the Town with the written approval of the landowner to the north for any proposed modifications to existing retaining walls and any regrading which may impact the adjoining owner’s property.

 

9.                  That prior to the execution of the site plan agreement the Owner shall submit a noise study and any recommendations shall be incorporated into the project plans, to the satisfaction of the Director of Engineering.

 

10.              That the Owner pay their proportionate share of the Hwy.48 flow control measures.

 

11.              That the Owner provide and implement a detailed stormwater management plan, including quality control measures/devices to the satisfaction of the Director of Engineering.

 

12.              That the Owner obtain any necessary approvals from the Regional Municipality of York Transportation and Works Department.

 

13.              That the Owner provide and implement a 3-Stream sorting and collection system for organics, recyclable materials and residual waste as required by Town policy.

 

14.              That the location, size and construction of all refuse storage areas and recycling facilities, and arrangements for waste collection be to the satisfaction of the Town of Markham Waste Management Department.

 

15.              That provisions for Fire Routes, yard hydrants, Siamese connections and other emergency access requirements be to the satisfaction of the Town Fire Department.

 

16.              That provisions for snow storage, sidewalk alignment and maintenance be to the satisfaction of the Town’s General Manager of Operations and Director of Engineering.

 

17.              That the Owner pay for all costs associated with the relocation of utilities within Town rights-of-way, as may be required.

 

18.              That the Owner provide and implement erosion control measures during construction and obtain a Topsoil Removal Permit to the satisfaction of the Director of Engineering.

 

19.              That the Owner comply with all requirements of the Town and authorized public agencies, including Power Stream, to the satisfaction of the Commissioner of Development Services.