Report to: Development Services Committee Report Date:
SUBJECT: PRELIMINARY REPORT
Application by Times Group Corporation for Zoning By-Amendment to permit 792 high density residential units on Blocks 49 and 50 Plan 65M-3226 in the Leitchcroft Community (File ZA 08 129082)
PREPARED BY: Ron Blake, Development Manager, West District
RECOMMENDATION:
That the report entitled “PRELIMINARY REPORT: Application by Times Group Corporation for Zoning By-Amendment to permit 792 high density residential units on Blocks 49 and 50 Plan 65M-3226 in the Leitchcroft Community (File ZA 08 129082)” be received;
That a public meeting be held to consider the application by Times Group Corporation for Zoning By-Amendment to permit 792 high density residential units on Blocks 49 and 50 Plan 65M-3226 in the Leitchcroft Community;
And That Staff be authorized and directed to do all things necessary to give effect to this resolution.
1. Purpose 2. Background 3. Discussion 4. Financial 5. Others (Strategic, Affected Units) 6. Attachment(s)
PURPOSE:
The purpose of this report is to provide preliminary information regarding the application for zoning by-law amendment to permit 792 high-density residential units on the subject lands, and to recommend that a public meeting be scheduled to consider the application.
BACKGROUND:
Property and Area Context
The subject lands are located on the south side of South Park Road, east of a proposed community park and west of the Staybridge Suites Hotel, on blocks 49 and 50, Plan 65M-3226 in the Leitchcroft Community. Surrounding uses include medium and high density residential to the north, a long term stay hotel to the east, a proposed community park to the west and the Highway 407 corridor to the south. There are no environmental features on the site.
Proposed Development
The proposed development consists of a mix of 3 storey townhouses arranged in six blocks fronting onto the south side of South Park Road, with 5 high-rise residential towers (three 13 storey towers and two 12 storey towers) located along the western boundary of the site (overlooking the proposed community park to the west) and along the southern boundary of the site adjacent to the Highway 407 corridor (see Figures 4 and 5). A total of 48 townhouse units and 744 apartment units (total 792 units) are proposed to be developed in two phases as follows:
§ Phase 1 (Block 49 on the west side of the site): consisting of 24 townhouse units fronting South Park Road and 432 apartment units in 3 high rise towers (13 storeys each)
§ Phase 2 (Block 50 on the east side of the site): consisting of 24 Townhouse units fronting South Park Road and 312 apartment units in 2 high rise towers (12 storeys each)
While the applicant is requesting a zoning amendment over the full extent of the subject lands, he has only submitted an application for site plan approval for the Phase 1 portion of the development.
Existing Official Plan and
Zoning By-law provisions
The subject lands are designated Commercial by the Markham Official Plan (Revised 1987), as amended; and Community Amenity Area – Mixed use by the Leitchcroft Secondary Plan (OPA 42), as amended by OPA 127, which was approved pursuant to an Ontario Municipal Board order dated December 14, 2004. High Density residential is provided for within both of these designations.
The Leitchcroft Secondary Plan, as amended by OPA 127, provides for
high density residential development, up to a total of 1,920 residential units,
on the blocks located between Times Avenue and
It is important to note that OPA 127 further specifies that these lands are not to be rezoned to permit additional residential units until Council has assigned additional servicing allocation. At the time OPA 127 was approved, servicing allocation was not available for Blocks 41, 42 and 43 or for Blocks 49 and 50 (the subject lands) (see Figure 4), nor was there an approved Town or Regional process for pre-zoning high density residential lands prior to servicing allocation being granted.
Concurrent with the approval of OPA 127, the OMB also approved By-law 2005-03, which rezoned the subject lands to Community Amenity Area One*38(H) [CA1*38(H)]. In accordance with the provisions of OPA 127, that zoning by-law amendment permitted high density residential development on the subject lands, but capped the number of residential units in the *38 zone to those approved and allocated at the time of enactment. As a result, a further zoning by-law amendment is now required to permit the additional residential units proposed on the subject lands.
OPTIONS/ DISCUSSION:
Town of
During the fall of 2008, York Region and Markham developed a procedure to allow for the pre-zoning of high density residential development prior to servicing allocation. The process is based on (H) Holding zone controls and the premise that once site plan approval has been granted, building permits may be issued 18 months prior to completion of the required water and wastewater facilities, based on the following provisions:
§ Use of holding provisions in the Zoning By-law. Removal of these H provisions can take place up to 18 months prior to completion of the required water and wastewater facilities required for confirmation of servicing allocation. As the applicant is proposing to proceed with the development in two phases, under separate servicing allocation schedules, separate holding zone provisions will be applied for the Phase 1 and Phase 2 portions of the site;
§
Confirmation from York Region
that the required infrastructure to accommodate these applications will be
completed by December 2010. (Removal of
holding zone provisions and site plan approval could therefore occur as early
as
An application for site
plan approval of the Phase 1 development is under review
An application for site plan approval for the first phase of
development, consisting of three 13 storey apartment towers located adjacent to
the proposed community park west of the subject lands and the 407 frontage of
the site, and linked by two 2 storey podiums, and 24 three storey townhouse
units fronting onto south park road, has been submitted and is under review
(See figures 4 and 5).
Servicing allocation
required for Phase II development
York Region has recently granted the
The Phase 2 portion of the development has currently not been assigned servicing allocation. The applicant will be required to enter into a “no pre-sale” agreement applicable to the Phase 2 portion of the development. In addition, the Phase 2 portion will be placed under Holding provisions in the Zoning By-law amendment, with hold removal conditional on Council granting the required servicing allocation to complete Phase 2.
A combination of parkland
conveyance and cash-in-lieu of parkland will be required as a condition of the
phase 1 site plan approval
The applicant and the Town have agreed that a community park, no less than 3.24 ha (8 acres) in area, is required for the Leitchcroft Community on the south side of South Park Road, between Times Avenue and Saddlecreek Drive. In August 2005, the Town granted site plan approval for a 413 unit high density residential development on Blocks 41, 42, 43 immediately north west of this site. As a condition of the site plan approval, the applicant conveyed to the Town the initial portion of this community park, consisting of a 2.39 ha (5.9 acre) parcel located immediately west of the subject development.
Conveyance of the remaining land for the community park, in the order of 0.85 ha (2.1 acres) will be required as a condition of site plan approval for Phase 1. Additional cash-in-lieu of parkland will also be needed to meet the required parkland dedication for this phase. Further parkland dedication, likely in the form of a cash-in-lieu payment, will be required as a condition of the future Phase 2 site plan approval.
The applicant is
requesting an adjustment to the property boundary between the subject site and
the community park
When the first portion of the community park was conveyed to the Town in 2005, the configuration of the Phase 1 site plan had not been determined. Since then, the site plan has been developed and refined, and a portion of westernmost apartment block and underground garage will encroach on the proposed community park. As a result, a revision to the property boundary between the park and subject lands, as well as a corresponding adjustment to the boundary between the Open Space zone and the CA*38 zone is required, with a small portion of the original parkland dedication to be returned to the owner of the subject application, together with a dedication to the Town of a small parcel of land within the subject site for parkland purposes. Moreover, as noted above, the applicant will also be required to dedicate additional land on the west side of the community park to provide for a full 3.24 ha (8 acre) park. Therefore changes to the property boundary associated with this land swap will not result in any reduction to the agreed-upon total area of the community park.
The proposed land swap adjacent to the subject property, and the dedication of the remaining parkland requirement on the west side of the community park, will both be implemented through the site plan approval process, while the adjustment to the zone boundary will be incorporated into the subject zoning by-law amendment. In addition, a Council resolution, declaring the small area of parkland to be returned to the owner of the subject site as surplus, is also required. This will be addressed in detail in a subsequent staff report relating to the site plan application. A reference plan showing the precise location of the parcels to be exchanged will be required.
Submission of background
studies is required
In response to the most recent revisions to the site plan
(circulated in June 2008),
Several residents have
raised concerns about high density development on this site
As a result of the recent circulation of complete application notice, staff have received a number of emails from residents expressing concerns about high density residential development on this site. Public comments received will be addressed through the application review process and at the public meeting.
Solar Thermal project proposed
The applicant has been working on a feasibility study for an Integrated Solar Thermal Building Energy System on the subject lands. The consultant’s final report was submitted in June 2008. The applicant has indicated that this project is not being considered for the Phase 1 portion of the proposed condominium project. Staff are seeking further clarification from the applicant regarding the potential to implement this system as part of the Phase 2 portion of the development.
CONCLUSION
Staff recommend that a public meeting be held to consider this application.
FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)
Not applicable
HUMAN RESOURCES CONSIDERATIONS
Not applicable
ALIGNMENT WITH STRATEGIC PRIORITIES:
The proposed development supports several of 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.
Environment - development will incorporate several innovative energy conservation techniques.
BUSINESS UNITS CONSULTED AND AFFECTED:
All relevant Town departments and external agencies have been circulated and their comments will be incorporated into final recommendations.
BY: ________________________ ________________________
Biju Karumanchery, MCIP, RPP Jim Baird, MCIP RPP
Senior
Development Manager Commissioner of Development Services
ATTACHMENTS:
Figure 1 – Location Map
Figure 2 – Area Context/Zoning
Figure 3 – Air Photo
Figure 4 – Community Context
Figure 5 – Master Plan
APPLICANT: Times Group Corporation
Attn:
330 Highway 7 Penthouse 3
AGENT: Malone Given Parsons
P: 905-513-0170
F: 905-513-0177
File path: Amanda\File 08 129082\Documents\Recommendation Report