Report to: Development Services Committee Report Date: March 24, 2009

SUBJECT: RECOMMENDATION REPORT

E. Manson Investments et. al.

Application for site plan approval to permit a Phase 2, 6 storey residential building (Building B) at 150 Hillwood Street.

SC.05-021950

PREPARED BY: Teema Kanji, Senior Planner - West Development District

RECOMMENDATION:

That the report dated March 24, 2009, entitled “E. Manson Investments et. al. Application for site plan approval to permit a Phase 2, 6 storey residential building (Building B) at 150 Hillwood Avenue. SC.05-021950”, be received;

That the Site plan Application (SC.05-021950) submitted by E. Manson Investments et. al. to permit a Phase 2, 6 storey residential building (Building B) at 150 Hillwood Street 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 or her designate has signed the site plan;

That Site Plan Endorsement of Building A (Phase 1) at 540 Bur Oak Avenue be extended for an additional 3 years to expire on March 24, 2012;

That the site plan conditions relating to the Site Plan Endorsement of Building A at 540 Bur Oak Avenue (Phase 1) on May 16, 2006 be replaced by the site plan conditions attached as Appendix ‘A’;

That site plan approval shall not be issued prior to July 1, 2009 (18 months prior to confirmation of conditional servicing allocation for 186 units);

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

EXECUTIVE SUMMARY:

The subject property is approximately 0.65 hectares (1.62 acres) in area and is located on the north side of Bur Oak Avenue, west of McCowan Road, or more specifically at the northeast corner of Hillwood Street and Bur Oak Avenue (Figure 1).

The proposed development consists of two 6 storey apartment buildings (Figure 4). The first phase (Building A) is to be situated at the south end of the property with a gross floor area of 6,984 m² (75,178 ft²) and 73 units. The second phase (Building B) is proposed at the north end of the property with a gross floor area of 10, 700 m² (115,178 ft²) and 113 units (Figure 4).

In May, 2006 Council endorsed in principle the Phase 1 apartment building (Building A) (Figure 4, 5 and 7). At the time, the Owner received only enough servicing allocation (73 units) to construct one building (Building A). However, given that the underground parking garage is combined for both buildings A and B, the Owner decided to defer the original servicing allocation to 2011 provided that the Town agreed to grant conditional allocation for Building B (113 units). The applicant in 2008 was granted conditional servicing allocation for 186 units for 2011, to construct both buildings.

Site plan endorsement of Building A (Phase 1) will expire on May 16, 2009 if no agreement is executed. The site plan agreement process has been initiated, but no site plan agreement has been executed. Staff has no objections to extending site plan endorsement of Building A (Phase 1) for an additional 3 years, subject to revised conditions of site plan approval attached as Appendix ‘A’.

The Region of York recently introduced a Green Building Incentive Program which allows proponents of high density residential development to qualify for servicing allocation credits, provided that the development meets LEED certification standards and other criteria. The applicant of this program to this development has been discussed with and agreed to by the applicant. Staff are recommending applying a 35% credit to the proposed development. This will generate a credit of 65 units (147.6 people), which will be made available to the Town for redistribution to other developments. This process will be further outlined in an upcoming servicing allocation report to Council in the near future. As a condition of site plan endorsement, the applicant will be required to apply for servicing allocation credits with the Region of York and comply with all requirements of the Green Building Incentive Program.

The applicant has committed to implementing sustainable development practices in order to qualify for a minimum LEED silver certification. Inclusion of these measures in the project will be secured through the site plan agreement.

Staff are generally satisfied with the site plan and elevations and recommend site plan endorsement of Building B (Phase 2) subject to the site plan conditions attached as Appendix ‘A’.

FINANCIAL CONSIDERATIONS:

Not applicable

The subject property is approximately 0.65 ha (1.62 acres) in area and is located on the north side of Bur Oak Avenue, west of McCowan Road, or more specifically at the northeast corner of Hillwood Street and Bur Oak Avenue (Figure 1). The lands are generally flat and unvegetated.

The subject property was previously part of a larger 1.26 ha (3.1 acre) block (Block 12, Plan 65M-3632) owned by the E. Manson Investments et. al. The property was severed and Imperial Oil obtained a zoning by-law amendment and site plan approval to permit the construction of a service station on the easterly 0.6 ha (1.4 acre) portion of the property.

Adjoining the property are the following uses (Figure 3):

Markham Trails residential subdivision comprising singles, semis and townhouses to the north;
A new residential subdivision comprising semi-detached and townhouse units to the west, across Hillwood Street;
An Imperial Oil service station and a single detached dwelling currently used by a chiropractor to the east; and
Immediately south across Bur Oak Avenue is a multi-tenant plaza.

Official Plan and Zoning

The subject lands are designated Community Amenity – Arterial in the Berczy Community Secondary Plan. This designation provides for medium and high density residential uses, subject to the review of a specific development proposal, ensuring that the planned function of the lands is maintained and that the location is appropriate.

The lands are zoned Community Amenity One - Hold [CA1 (H)*152] under By-law 177-96, as amended (Figure 2), which permits the lands to be developed with apartment buildings. In 2006, Council approved By-law 2006-128 which increased the maximum Floor Space Index permitted on the property from 1.0 to 1.45. The Hold provision will only be removed once servicing trigger timeframes have been met as discussed later in the report.

Residential Building A (Phase 1) site plan endorsed in 2006 but never constructed

The subject property is proposed to be developed with two 6-storey residential buildings. In May 2006, Council endorsed in principle a 6 storey residential apartment building (Phase 1 – Building A) with 73 units. Building A (Phase 1) is proposed to be situated at the south end of the property and have a gross floor area of 6,984 m² (75,178 ft²) (Figures 4, 5 and 7). At the time, the Owner only received enough servicing allocation to construct the Phase 1 building. However, given that the underground parking garage is to be combined for both buildings A and B, the Owner decided to defer this allocation to 2011 provided they receive allocation for the remaining 113 units (Building B) in 2011. The applicant in 2008 received 2011 conditional servicing allocation for the full 186 units, to construct both buildings.

Applicant requesting extension of site plan endorsement for Building A (Phase 1)

The site plan agreement process has been initiated for Phase 1, but no site plan agreement has been executed. Site plan endorsement of Building A (Phase 1) will expire on May 16, 2009 if no agreement is executed. Staff has no objections to extending site plan endorsement of Building A (Phase 1) for an additional 3 years, subject to revised conditions as noted below.

Site plan endorsement of Building A was based on real servicing allocation and the site plan conditions related to this approval did not reflect requirements related to conditional allocation. Therefore, staff recommends that the site plan conditions for Building A be replaced with the conditions attached as Appendix A. These conditions will apply to both buildings.

Proposal for a 6 storey residential apartment building (Phase 2)

The applicant is now seeking approval of Phase 2. Phase 2 consists of a 6-storey residential apartment building with 113 units at the north end of the site (Figures 4 & 6), comprising a gross floor area of approximately 10,700 m² (115, 178 ft²).

Full vehicular access to Hillwood Street is proposed at the north limit of the subject lands and a second emergency access to Hillwood Street, blocked by knock down bollards is proposed between building A and B. A right-in/right-out access to Bur Oak Avenue is also proposed (Figure 4).

To improve the relationship of the apartment buildings with the adjacent semi-detached and townhouse dwellings to the west, across Hillwood Street, the applicant proposes to step the building along the west side from 4 to 6 storeys (Figures 4,6 and 7).

Sufficient parking to accommodate proposed development

Parking spaces are proposed within two levels of underground parking. This includes 237 resident spaces and 47 visitor parking spaces. The site will contain a total of 7 spaces for the physically disabled. The Parking By-law requires 280 parking spaces, whereas a total of 284 parking spaces are proposed, for a surplus of 4 parking spaces.

OPTIONS/ DISCUSSION:

A public meeting was held in February, 2006

On February 21, 2006, a public meeting was held to obtain public input for a zoning by-law amendment and site plan application to permit the two proposed apartment buildings (Building A and B). The key issues raised at the public meeting related to compatibility with adjacent uses, traffic and parking. These issues were addressed as part of the site plan endorsement of Building A (Phase 1) as follows:

Compatibility with the adjacent uses

The proposal is adjacent to a gas station to the east and semi-detached and townhouse dwellings to the west. As indicated above, the apartment buildings are stepped from 4 to 6 storeys to reduce the impact on adjacent residents to the west across Hillwood Street. The interface of the gas station will be mitigated in part by a 3 metre landscape strip provided within the gas station property and a 1.8 metre landscape strip (and fencing) on the apartment site.

Congestion and traffic

A concern was raised with respect to traffic and congestion that may be generated by the proposed apartment buildings. Staff have reviewed the Traffic Impact Study submitted for this proposal and are satisfied with the findings of the study. The study concludes that at full build out of the site the intersection of Bur Oak Avenue and Hillwood Street and the proposed driveways will function at a good level of service.

Sufficient Parking to be provided

The Parking By-law requires 280 parking spaces, whereas 284 are proposed for a total surplus of 4 parking spaces.

Servicing allocation available for both buildings in 2011

As indicated previously, the underground parking garage is combined for both Buildings A and B. Prior to 2008 the Owner indicated that they would prefer to construct both buildings concurrently and agreed to exchange their previous 73 units of real location for 2011 conditional assignment, provided they also receive 113 units needed to construct both buildings concurrently. Therefore, the 73 units available to Building A were returned to the reserve at that time and, as set out in the February 5, 2008 servicing allocation report, Emery Investments was granted a conditional assignment of 186 units for 2011, to permit the construction of Buildings A and B.

Process for approving high density development with conditional assignment (2011)

Recently, the Region revised its servicing allocation trigger system to recognize the differences between high rise residential development and low density grade related housing in terms of construction times and approval processes. The Region of York is recommending the following servicing trigger timeframes for high density development:

(a) Servicing allocation must be confirmed prior to site plan approval.

(b) A Hold Zone provision must be applied to the property.

(c) Condominium registration, lifting of Holds and building permits can occur 18 months prior to infrastructure completion.

(d) Owner must enter into an indemnity agreement with the Region of York.

A no pre-sale agreement is not required for high density development (unless specifically a condition of the Town for servicing allocation/phasing of large multi phase projects). Unlike plans of subdivision, there are no provisions in the Planning Act or the Condominium Act regulating for the pre-sale of units subject to site plan control. However in practical terms, private sector financing arrangements typically require presales of about 70% to finance and construct apartments. Sales can occur prior to site plan approval or even prior to an application being made.

The property is currently subject to a Hold provision and the remaining servicing triggers have been incorporated as conditions of site plan approval in Appendix ‘A’.

Region of York Green Building Incentive Program

The Region of York, in response to a Markham initiative, recently introduced a Green Building Incentive Program. This program allows proponents of high density residential development which meet specific eligibility criteria and incorporate various sustainability objectives, to qualify for water and wastewater servicing allocation credits equivalent to servicing allocation of 20%, 35% or 40% of the total residential units within the proposed development.

Staff are recommending a 35% LEED credit to the proposed development, which will generate a credit of 65 units (147.6 people). This credit will be made available to the Town for redistribution to other developments. This process will be further outlined in an upcoming servicing allocation report to Council in the near future.

At this time, the applicant has not applied to the Region of York to receive a servicing allocation credit. This will be a condition of site plan endorsement (Appendix A).

Implementation of sustainable development practices

The applicant has committed to implementing sustainable development practices within the proposed development which will include but not be limited to the following:

§ Minimum LEED Silver certification

§ High efficiency air conditioning and heating systems

§ Use of low emitting materials (i.e. sealants, paint, carpet systems etc.)

§ Individual light and thermal control systems by unit

§ Divert 50% of construction waste from disposal

§ Use of regional materials, rapidly renewable materials and certified wood

§ Three stream waste management system

In order to qualify for the York Region servicing allocation credit, the applicant must include sustainable development practices related to water efficient landscaping, water efficient fixtures, and separate water meters for each unit. The above noted sustainable development practices are based on an initial review and water efficiencies for this project remain to be finalized. Inclusion of these measures in the project will be secured through the site plan agreement process.

The applicant will be required to incorporate appropriate Fatal Light Awareness Program (FLAP) components into their development to ensure more bird friendly buildings. Town staff will review the final plans to incorporate appropriate bird friendly development measures and the Owner will be required to implement sustainable development practices, to the satisfaction of the Town (Appendix A).

Site Plan and elevations are acceptable

Staff are generally satisfied with the building position and internal pedestrian and vehicular circulation. The proposed massing and built form is acceptable to staff. As indicated above, the west elevation has been stepped from 4 to 6 storeys to improve the relationship of the apartment building with the adjacent semi-detached and townhouse dwellings to the west, across Hillwood Avenue.

Conclusion

Staff are of the opinion that the proposed site plan and elevations are acceptable and recommend site plan endorsement of Building B (Phase 2), subject to the site plan conditions attached as Appendix A. Staff also recommends that the site plan endorsement of Building A (Phase 1) be extended for an additional 3 years and that Building A (Phase 1) be subject to the site plan conditions attached as Appendix A.

FINANCIAL TEMPLATE (external link):

APPENDIX ‘A’

The following conditions of site plan endorsement shall apply to Building A (540 Bur Oak Avenue) and Building B (150 Hillwood Street):

1. 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 or her designate has signed the site plan as ‘approved’.

2. That site plan approval will not be issued prior to July 1^st, 2009 (18 months prior to confirmation of conditional servicing allocation for 186 units).

3. That prior to site plan approval, the Owner shall address any concerns identified by the Town, and other external agencies, and revise any studies or plans accordingly, to the satisfaction of the Town.

4. That prior to site plan approval, the Owner shall submit detailed architectural elevations demonstrating appropriate bird friendly development measures, to the satisfaction of the Director of Planning and Urban Design.

5. That prior to site plan approval, the Owner shall submit final drawings, including but not limited to, site plan and elevations drawings, landscape plans, grading and servicing plans, composite utility plans, pavement marking and signage plans that comply with all requirements of the Town and other public agencies, to the satisfaction of the Town.

6. That prior to site plan approval, the Owner shall provide a revised LEED Registered Project Checklist which commits to incorporating sustainable development practices including but not limited to water efficient landscaping, water efficient fixtures and separate water meters for each unit, to the satisfaction of the Town.

7. That prior to site plan approval, the Owner shall apply for and receive servicing allocation credits through the Region of York’s Green Building Initiatives Program.

8. That the Owner enter into a site plan agreement with the Town of Markham containing all standard provisions and requirements of the Town and public agencies including but not limited to the following:

a) Provision for payment by the Owner of all applicable fees, recoveries, development charges and financial securities;

b) Provision for satisfying all requirements of Town Departments and external agencies, including the Regional Municipality of York Transportation and Works Department;

c) That the Owner shall covenant and agree in the site plan agreement to pay their proportionate share of the Highway 48 flow control measures, to the satisfaction of the Director of Engineering;

d) That the Owner shall covenant and agree to implement sustainable development practices, to the satisfaction of the Town;

e) That the Owner shall covenant and agree to achieve minimum LEED Silver Buildings;

f) That the Owner shall covenant and agree to enter into an indemnity agreement with the Region of York.

g) That the Owner shall covenant and agree to apply and comply with the requirements of the Green Building Incentive Program provided by the Region of York for servicing allocation credits.

h) The Owner shall acknowledge and understand that any servicing allocation credits received from the Region of York through the Green Building Incentive Program shall be returned to the Town for redistribution to other developments.

9. That site plan endorsement of residential buildings A and B (186 units) shall lapse and final approval will not be issued, after a period of three years commencing March 24, 2009, in the event that the site plan agreement is not executed within that period.