Report to: Development Services Committee                      Date of Meeting: December 9, 2008

 

 

SUBJECT:                          RECOMMENDATION REPORT 

                                            Application for Site Plan Control Approval

                                            Ruland Properties Inc. – Phase 1

                                            8110 and 8130 Birchmount Road

                                            Markham Centre

                                            SC 08 123736

 

PREPARED BY:               Richard Kendall, Manager of Development, Central District

                                            Extension 6588

 

RECOMMENDATION:

That the Recommendation Report titled “Application for Site Plan Control Approval Ruland Properties Inc.– Phase 1, 8110 and 8130 Birchmount Road” be received;

 

That the application for site plan control approval by Ruland Properties for two apartment buildings be endorsed in principle, subject to the conditions attached as Appendix A;

 

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;

That prior to final site plan approval, the Owner provides a release from the Trustee for the Markham Centre Landowners Group recommending servicing allocation for the 376 units within this project, and confirming that the applicant has met their financial obligations to the Group with respect to these lands; 

That Council authorize the enactment of a by-law to remove the Hold (H) provision on the subject lands upon execution of the Site Plan Agreement to the satisfaction of the Commissioner of Development Services and the Town Solicitor; 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. Others (Environmental, Accessibility, Engage 21st, Affected Units)             6. Attachment(s)

 

PURPOSE:

The purpose of this report is to discuss and make recommendations on an application for site plan control approval by Ruland Properties Inc. for two apartment buildings (Buildings ‘E’ and ‘F’) at the northwest corner of the Civic Mall and Birchmount Road, within Phase 1 of their project. 

 

 

BACKGROUND:

The vacant, 0.745 hectares (1.84 acre) property is located within the Remington Group’s project, on the west side of the future extension of Birchmount Road, north of Enterprise Boulevard and the Civic Mall (Figure 1) and municipally known as nos. 8110 and 8130 Birchmount Road.  Council granted initial draft plan approval to the comprehensive, mixed-used project in July, 2003, and in July, 2004, the Markham Centre Zoning By-law (2004-196) was enacted.  The Markham Centre Zoning By-law originally zoned this site to permit a maximum building height of 31 metres.  In June, 2008, Council approved a By-law amendment to increase the height of these two buildings to 33.71 metres (6 and 10 storeys) for Building ‘F’, and to 45.91 metres (11 and 14 storeys) for Building ‘E’ (Figure 4).

 

OPTIONS/ DISCUSSION:

Two mixed-use buildings are Proposed

Buildings ‘E’ and ‘F’ are located within the Remington Group’s project and represent the first two mixed-use buildings within phase one of the future retail core.  Located on a vacant site on the west side of the Birchmount Road extension north of the Civic Mall, these two buildings continue the built form programme initiated through the previous approvals of the Rouge Bijou and Verdale apartment components of the plan (Figure 1).  Both buildings include retail/commercial uses on the ground floor.

 

A total of 376 units are proposed within the two buildings, including a mix of 2 bedroom (39) and 2 bedroom plus a den (81) units.  Approximately 3,274 square metres (35,242 square feet) of grade-related retail is proposed, oriented towards Birchmount Road and the Civic Mall.  The retail ground floor units will have a ceiling height of approximately 5.5 metres (18 ft.) to emphasize the mixed-use nature of the building and signaling the start of the retail core.  There is an opportunity for the retail units within Building ‘E’ to face onto the Civic Mall with outside patios to help animate the future park edge.

 

Building materials consist of a mix of brick and precast concrete with glass railings (Figure 6).  The buildings are proposed to be linked by a glass-enclosed walkway on the second level.  Both buildings will have through lobbies with pedestrian access from the Birchmount Road frontage and the rear of the site.

 

The second floor units within both buildings will feature a high floor to ceiling height and their exterior design is intended to reflect the commercial base of the buildings.  Certain of these units could transition to live/work units over time.  There will also be a limited number of 2-storey units, with terraces at the 9th floor level of Building ‘E’ oriented towards Birchmount Road. 

 

A single access drive is proposed off Birchmount Road with a secondary access proposed via Upper Duke Street to the rear of the site (Figure 4).  All parking will be provided below grade, within a common garage structure, along with storage lockers and bicycle parking facilities.  Access to the underground garage and service functions will be at the rear of the site.  Further refinement of this space, including provision of bike racks, will continue as the landscape space plan is finalized.  Rooftop terraces with seating and planters are proposed on the 7th floor of Building ‘F’ and the 11th floor of Building ‘E’. 

 

At the Public Meeting on the zoning amendments for the additional height, Committee suggested staff discuss with the applicant the nature of the window displays of the proposed retail units.  The applicant has advised that the configuration of the retail space will remain somewhat flexible until the units have been leased.  They further advise that there is a strong interest on their part in regulating the display areas through the condominium documents to ensure a coordinated and appropriate look for the space as it will influence the development of the balance of their retail core.  The Town’s Sign By-law will further control the signage and displays within the retail units.

 

Official Plan and Zoning

The vacant lands are designated “Community Amenity Area” by the Markham Centre Secondary Plan (OPA 21), and in 2004, were zoned “Markham Centre Downtown Two – Hold (MC-D2 [H])” in the Markham Centre Zoning By-law (No. 2004-196).  The proposal generally complies with the relevant Official Plan policies and zoning, as amended in June, 2008, to incorporate the additional height. 

 

The Building Department has identified potential variances relating to loading space location, and certain setback conditions.  Second parking spaces have been identified for the larger (2 bedroom plus den) units within the project which would also require relief to the by-law.  Additional information has been requested to better determine project compliance.  Appropriate zoning relief (if required) is a condition of Site Plan Approval.  The Hold (H) would be lifted upon the issuance of Site Plan Approval.

 

Applicant has addressed Massing Issues

Following discussions with staff during the zoning amendment process, the applicant’s architect has incorporated a number of design elements into the elevations which includes stepping at the ninth and penthouse floor levels. The design of the southerly building ‘E’ also introduces stepping along the westerly elevation to reflect the height of the adjacent Bijou buildings which are under construction (Figure 5). 

 

Departmental / Agency Comments

The Fire Department has no objections, but has identified a number of specific requirements which must be shown on the final plans, including Fire Access Route design details.  The final plans must also confirm compliance with the Buttonville Airport Zoning Regulations. 

 

The Engineering Department advises that the site was pre-serviced as part of the subdivision process.  Stormwater Management and Site Servicing reports have been submitted for review and the noise study requirements will need to be implemented.  Comments have also been provided relating to a possible Shoring Encroachment Agreement, hydrological investigation, utilities and flow control contribution. 

A Functional Traffic Design Study has been submitted and is being reviewed.  Staff will explore opportunities with the applicant to provide a secondary access lane adjacent to this site to Verdale Crossing.

 

Servicing Allocation is Available

Through the processing of zoning amendments and draft plan approval, the Town previously granted a servicing allocation of 800 units to Ruland Properties Inc.  Since then, an additional allocation of up to 612 units has been identified for the applicant through the Landowners Group Agreement.  To facilitate completion of the balance of Phase 1, the applicants have also amended the Holding provisions for another project at Highway 48 and Steeles in order to transfer approximately 301 units of allocation to Markham Centre, for a total of up to 1,713 units.  To-date 1,057 units have been accounted for through the earlier approvals of the town homes and apartment (Rouge Bijou and Verdale) site plan applications.  Consequently, allocation is available for these buildings, subject to confirmation from the Trustee for the Landowners Group. 

 

Markham Centre Advisory will be Consulted

A preliminary overview on this proposal was given to the Advisory by the applicant on March 27, 2008.   Prior to Site Plan Approval the application will formally be presented to the Markham Centre Advisory for consideration and evaluation against the Markham Centre Performance Measures Document. 

 

Public Art Opportunities

With the commencement of the construction of the retail core and given the interface with the adjacent Civic Mall linear park, there is an opportunity to introduce a public art component within or adjacent to this project.  Staff have had initial discussions about possible public art opportunities and will continue to explore the options with the applicant.

 

FINANCIAL TEMPLATE:

Not applicable

 

ENVIRONMENTAL CONSIDERATIONS:

The applicant advises, similar to other projects within their first phase, that they will be seeking a ’Silver’ L.E.E.D. ranking.  Specific comments or additional requirements which may be identified through further review by the Markham Centre Advisory will need to be addressed as a condition of Site Plan Approval, including connecting to the District Energy network.

 

ACCESSIBILITY CONSIDERATIONS:

There are no accessibility implications for the Town in this report.

 

ALIGMENT WITH STRATEGIC PRIORITIES:

The proposed application aligns with the Town’s strategic priority of Growth Management.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to applicable departments and agencies for comment, and their requirements have been addressed as conditions to approval.

 

RECOMMENDED BY:

 

 

 

 

 

 

 

 

 

 

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

Director of Planning & Urban Design

 

 

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

Commissioner of Development Services

 

 

 

ATTACHMENTS:

Figure 1:  Site Location

Figure 2:  Area Context and Zoning

Figure 3:  Air Photo

Figure 4:  Site Plan

Figure 5:  Elevations

Figure 6:  Coloured Rendering

 

Appendix A – Conditions of Site Plan Approval

 

Q:\Development\Planning\Teams\Markham Centre\Coordinator\Remington\Birchmount Buildings\Site Plan\Birchmount Site Plan Report.doc

APPENDIX A – CONDITIONS OF SITE PLAN APPROVAL

1.         That prior to final site plan approval the Owner revise the site plan to comply with the applicable zoning, or shall obtain variances for by-law relief to accommodate the building programme;

2.         That prior to final site plan approval the Owner provide easements respecting public access and servicing connections through the subject lands (if required) to the satisfaction of the Commissioner of Development Services and the Town Solicitor;

3.       That prior to final site plan approval, the Owner shall submit final drawings including, but not limited to, site plans (which include transformer locations) and elevation drawings, an underground parking layout plan, grading, servicing and engineering drawings that comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

4.       That prior to final site plan approval the Owner shall submit a Landscape Plan, including a detailed lighting submission, prepared by a Landscape Architect, having O.A.L.A. membership for approval by the Commissioner of Development Services;

5.         That the Owner enter into a Site Plan Agreement with the Town, containing all standard and special provisions and requirements of the Town and other public agencies, prior to final site plan approval;

6.       That the Owner satisfy any cash-in-lieu of parkland obligations for the apartment buildings, to the satisfaction of the Commissioner of Development Services.

7.       That the Owner pay its proportionate share of development charges in accordance with Area Specific Development Charge By-laws;

8.       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;

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

10.       That provision for snow removal and storage, sidewalk alignment and maintenance be to the satisfaction of the General Manager of Operations and Director of Engineering;

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

12.       That the Owner comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

13.       That the Owner provide confirmation that height and lighting of the buildings meets the requirements of Transport Canada, including applicable warning clauses;

14.       That the Owner provide and implement a TDM plan which clearly identifies above and below grade bike parking, and any other measures to promote alternative modes to the single occupant vehicle;

15.       That the Owner respond to comments made by the Markham Centre Advisory and provide and implement a comprehensive Green Infrastructure plan, including connections to the District Energy network, to the satisfaction of the Commissioner of Development Services;

16.       That the Owner participate in the enhanced hoarding programme, and that staff be authorized to enter into a Hoarding Agreement with the Owner;

17.       That the Owner continue to work with staff on an appropriate public art component for this project;

18.       That this endorsement shall lapse and site plan approval will not be issued after a period of three years commencing December 9, 2008, in the event that the site plan agreement is not executed within that period.