Report to: Development Services Committee Report Date: May 5, 2009

SUBJECT: RECOMMENDATION REPORT

Jade–Kennedy Development Corporation (South Unionville Square)

East side of Kennedy Road between Castan Avenue and future South Unionville Avenue

Applications for zoning by-law amendment and site plan approval for a mixed-use development

File Nos. ZA 07 126612 and SC 08 128123

PREPARED BY: Scott Heaslip, Senor Project Coordinator, Central District

RECOMMENDATION:

1. That the staff report entitled “Jade-Kennedy Development Corporation (South Unionville Square), East side of Kennedy Road between Castan Avenue and future South Unionville Avenue, Applications for zoning by-law amendment and site plan approval for a mixed use development,” be received.
2. That the zoning amendment application (ZA 07 126612) be approved and the draft implementing zoning by-law amendments attached as Appendix ‘B’ be finalized and enacted. 
3. That the application for site plan approval for the first phase (the commercial and townhouse component) of the development be endorsed, in principle.
4. That site plan approval be delegated to the Director of Planning 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 “approved”), when the following conditions have been met:

· Ownership of the subject lands has been consolidated.

· The Owner has entered into a site plan agreement with the Town and the Region of York containing all standard and special provisions and requirements of the Town and public agencies and the conditions outlined in Schedule ‘A’ to the May 5, 2009 staff report.

· The Owner has conveyed to the Town and the Region of York all of the lands required for South Unionville Avenue extending from Kennedy Road to the new north-south local road adjoining the east boundary of the subject lands, and for the north-south local road, extending from Ian Baron Avenue to Helen Avenue.

· The Owner has conveyed the neighbourhood park and stormwater management lands on the east side of the north-south local road to the Town for park and stormwater management purposes.

· The Owner has entered into a development agreement (which may form a component of the site plan agreement) for the construction of South Unionville Avenue and the north-south local road and all related infrastructure including the stormwater management pond.

· The trustee for the South Unionville Landowners Group has advised the Town in writing that the Owner is in good standing with the Group.

· The zoning by-law amendment has come into force and effect.

5. That 78.96 persons (28 townhouse units) of servicing allocation be granted by Council to Jade-Kennedy Development Corporation.
6. That Council authorize the Mayor and Town Clerk to enter into a development agreement with the Owner (which may form a component of the site plan agreement) for the construction of South Unionville Avenue and the north-south local road and all related infrastructure including the stormwater management pond.
7. That the Mayor and Town Clerk be authorized to execute the transfer documents for the rights-of-way of South Unionville Avenue and the north-south local road and for the neighbourhood park and stormwater management blocks.
8. That the name “Unity Gardens Drive” be approved for the north-south local road from Castan Avenue to Helen Avenue.
9. That Council authorize the enactment of a truck prohibition by-law for Castan Avenue between the north-south local road (Unity Gardens Drive) and Piera Gardens.
10. That Council authorize the enactment of a by-law prohibiting through movements from the proposed driveway across Unity Gardens Drive into Ian Baron Avenue.
11. That Staff be authorized and directed to do all things necessary to give effect to

this resolution.

EXECUTIVE SUMMARY:

The subject lands have a combined area of 2.66 hectares (6.6 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 a phased mixed-use development including:

• a total of 23,180 m² (274,447 ft²) of commercial uses, including a food store (proposed tenant is a T and T Supermarket) and a range of retail, restaurant, office and service uses.
• 28 three-storey townhouse units facing onto the local residential street to the east.
• a future 8-storey, +/-200 unit apartment building focused on the intersection of South Unionville Avenue and Kennedy Road.

In October, 2008 Council adopted Official Plan Amendment No. 173, which extended the “Community Amenity Area” designation across the entire site and incorporated site-specific development standards reflecting the proposed development. The staff report recommending approval of the Official Plan Amendment advised that staff would report on the implementing zoning by-law and site plan approval once the project plans had been refined to the satisfaction of staff.

On Thursday February 26, 2009, the Ward Councillor hosted a Community Meeting to review the project plans with the community. The concerns raised by residents at the meeting, including traffic impact, truck access, parking, completion of South Unionville Avenue, park, etc. have been or are being addressed as outlined in this report.

Currently available servicing allocation is sufficient only for the 28 townhomes. The apartment component is not included in the current site plan application. The zoning for the apartment component will be subject to a holding provision to withhold construction until servicing allocation has been assigned.

Staff recommend approval of the applicant’s rezoning and phase 1 site plan applications as outlined in this report.

1. Purpose 2. Background 3. Discussion 4. Financial 5. Others (Strategic, Affected Units) 6. Attachment(s)

PURPOSE:

The purpose of this report is to discuss and recommend approval of rezoning and phase 1 site plan applications for a proposed mixed-use retail/residential development on the east side of Kennedy Road, south of Highway 7.

BACKGROUND:

Subject Lands and Area Context

The overall development site has an area of 2.66 hectares (6.6 acres) and is located on the east side of Kennedy Road between Castan Avenue and the proposed extension of South Unionville Avenue (Figure 1). Two portions of the development site are not currently owned by the applicant. The applicant has an agreement with Dougson Investments Inc. (Village Nissan) to purchase the 0.37 ha (0.91 acre) parcel at the north east corner of the future intersection of Kennedy Road and South Unionville Avenue. The Town owns a small residual parcel in the interior of the site which was originally conveyed to the Town for a future municipal lane and is no longer required. The Legal Services Department will be reporting to Council shortly regarding the sale of this parcel to the applicant. Ownership of the site will need to be consolidated before the proposed development can proceed.

The applicant owns additional lands to the east which are designated “Neighbourhood Park” in the South Unionville Secondary Plan.

Official Plan and Zoning

The lands are designated “Community Amenity Area” by Official Plan Amendment No. 173, which was adopted by Council in October, 2008. OPA 173 includes site-specific development standards regulating the distribution of residential and non-residential uses, residential density and building heights. It also includes design guidelines addressing built form, massing, landscaped open space and other design matters.

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

Proposal (Figures 4 – 10)

The development includes a two-level, 1224 car underground garage structure extending under the entire site (see Figures 7 and 8), and the following structures erected above this garage base (see Figure 4):

- an internal vehicular courtyard containing surface parking for 159 cars, access to the service areas and the ramps to the underground parking garage.

- 8-storey mixed use Building ‘A’ with +/- 200 residential units above 1011 m² (10,882 ft²) of ground level commercial space and located at the corner of Kennedy Road and South Unionville.

- 2-storey commercial Building ‘B’ with 3228 m² (34,748 ft²) of ground level commercial space and 1506 m² (16,210 ft²) of office space above.

- 2-storey commercial Building ‘C’ with a 4663 m² (50,192 ft²) supermarket on the ground floor level (proposed tenant is T and T Supermarket) and a multi-unit retail mall above.

- 2-storey mixed use Buildings ‘D’ and ‘E’ with 3178 m² (34,209 ft²) of ground level retail space and 4778 m² (51,431 ft²) of office space above.

- 28 3-storey townhouse units backing onto and attached to Buildings ‘D’ and ‘E’ and facing onto the future north-south local road.

- a glazed central lobby containing escalators connecting Buildings ‘B’ and ‘C’ to the underground parking levels. The main access to the supermarket is though this lobby.

The townhouses will be faced with a combination of architectural masonry base and brick. Each townhouse unit will have a terrace at the third floor level and two parking spaces within underground parking level P1, directly adjacent to the unit.

The principle vehicular access will be from South Unionville Avenue. Secondary accesses are proposed to Castan Avenue and the proposed north-south local road on the east side.

Landscaping with trees will be provided at grade within the courtyard and above on roofs of the buildings, as well as on the perimeter landscape areas.

The exterior materials of the commercial component of the project will include precast, glass and spandrel glass (Figures 9 and 10).

The site plan application excludes the 8-storey +/- 200 unit apartment building proposed for the north-west corner of Kennedy Road and South Unionville Avenue because servicing allocation is not currently available for this component. However, the entire underground parking garage, including the parking for the apartments, will be constructed with the first phase.

Road, Park and SWM Dedication (Figure 11)

The project will facilitate the following: construction of a new north-south local road between Castan Avenue and Helen Avenue and the section of South Unionville Avenue between Kennedy Road and the new north-south local road; and the completion of the adjoining neighbourhood park/stormwater management block.

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 commercial uses serving this community, in pedestrian friendly, mixed-use development(s).

The proposed development, with its mix of retail, food, office and residential uses, implements this vision and addresses the 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 adjacent to Kennedy Road, on VIVA and YRT routes and within walking distance of the Unionville Go Train station.

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

The development is comprised of a series of interconnected buildings surrounding an internal vehicular courtyard. The overall scale is mitigated by locating the taller and more substantial structures along the major arterial (Kennedy). In addition, perception of mass is reduced by incorporating buildings of varied architectural expression and by providing substantial setbacks, street-level views in and pedestrian connections through the block at the transition points.

The 3 storey townhomes will provide an appropriate face to the purely residential community to the east and a transition to the commercial component of the development and the future higher density component.

Street Level Uses and Public Realm

The proposed development has a strong street edge relationship with all of the adjoining roads. Staff have worked with the developer to ensure that the uses on the ground floor level maintain an “at grade” relationship with the adjoining streets all around the development notwithstanding the change in grade across the site. The developer has committed to provide a high quality public realm throughout the project: safe, accessible, convenient and attractive pedestrian connections and urban public amenities such as street furniture, special finish materials and adequate landscaping. These details will be finalized during review of the detailed plans for the project and secured in the site plan agreement.

Parking is well designed

Parking will provided in accordance with the Town’s parking by-laws, which require parking to be provided at the following ratios: :

retail - 1 space per 18.5 m²

office - 1 space per 30 m²

townhouses - 2 spaces per unit*

future apartments - a maximum of 1.2 spaces per unit, inclusive of visitor parking*

* In consideration of the location of the property on VIVA and YRT routes and within walking distance of the Unionville Go Train station, the Markham Centre parking standard is being applied to the residential components.

The majority (over 85 %) of the parking is within a two-level underground garage. The surface parking area is internalized within the development and located behind the buildings.

The surface parking area and the upper level of the underground garage (level P1) are designated for retail customers. The second level of the underground (level P2) is designated for employees, and residents of and visitors to the future apartment building. The 28 townhomes will each have two parking spaces within underground parking level P1 directly adjacent to the units.

To ensure that Parking Level P1 is safe, convenient and attractive to customers, the following features have been incorporated into the design:

• escalator and elevator access directly to the food store and the indoor mall above. The escalators will be equipped with shopping cart conveyors.
• a ceiling height of 3.84 metres (12.6 feet), whereas underground parking garages typically have a ceiling height of less than 2.9 metres (9.5 feet).
• all supports to be columns, rather than shear walls, increasing the feeling of openness.
• ceilings and walls to be painted white.
• high and consistent light levels throughout.

Vehicular access designed to minimize impact on residential community to east

Traffic impact is a potential concern where a commercial development adjoins a residential community. To address this concern, the following features have been incorporated into the design of the proposed development:

• Parking level P1, which contains the majority of the customer parking, is accessed directly and at grade from South Unionville Avenue. This will encourage customers to access the development from South Unionville Avenue, rather than from Castan Avenue or the adjoining local road to the east.
• The driveway onto the local road to the east of the property is aligned directly with Ian Baron Avenue, allowing this intersection to be signed “no through movements” to eliminate any potential for traffic infiltration into Ian Baron Avenue. The staff recommendation includes a provision authorizing the enactment of the necessary by-law.
• To eliminate any potential for delivery trucks serving the development proceeding east on Castan Avenue, the Transportation Section of the Engineering Department is recommending a truck prohibition on Castan Avenue. The staff recommendation includes a provision authorizing the enactment of a truck prohibition by-law for Castan Avenue between the new north-south local road and Piera Gardens (the eastern terminus of Castan Avenue).

Servicing and garbage areas internalized

All of the loading and waste collection facilities are oriented to the central parking court and are inset into the buildings. The residents of the 28 townhomes will take their garbage to one of two communal waste pick up areas within parking level P2. This will ensure that the residents do not store their recycling containers on their front porches, which can be unsightly. Staff will continue to work with the applicant to ensure adequate screening of service, waste collection areas and utilities enclosures along public streets.

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

As a condition of approval, the applicant will be required to enter into a development agreement with the Town to secure the dedication and the construction of the local road adjoining the east boundary of the development from Castan Avenue south to Helen Avenue and the section of South Unionville Avenue between Kennedy Road and the new local road, as well as all related infrastructure (see Figure 11). All of the required lands are owned or controlled by the applicant. This will complete a key missing section of South Unionville Avenue and provide a convenient north-south road connection between Castan Avenue and the signalized intersections at South Unionville/Kennedy and Helen/Kennedy.

The intersection of South Unionville Avenue and the local road will be a traffic circle. This is intended to identify this location as the boundary between the higher density mixed-use and commercial area along Kennedy Road and the lower density residential community to the east.

Development will facilitate completion of adjoining neighbourhood park

As a condition of approval, the applicant will be required to convey the lands they own to the east of the new local road to the Town for stormwater management and parkland purposes. (see Figure 2) The Town owns the remainder of the lands to be occupied by the park, so this conveyance will complete the park block, allowing the Town to proceed with park development. Staff are working with the applicant to have the stormwater management facility be located underground, allowing the park programming to extend across what would otherwise be a open stormwater management pond.

Concerns expressed by area residents have been addressed

On Thursday February 26, 2009, the Ward Councillor hosted a Community Meeting to review the project plans with the community. While the residents were generally supportive of the proposed development, a number of concerns were expressed, as follows:

Traffic impact – a number of residents were concerned that traffic generated by the proposed development will impact on local streets. The traffic impact study submitted by the applicant has been reviewed and accepted by the Transportation Section of the Engineering Department. As outlined above, staff have worked with the applicant to focus vehicular access South Unionville Avenue and away from the adjacent local residential streets.

Truck access - Residents expressed concern that trucks delivering to the proposed development will continue east on Castan Avenue. This concern will be addressed by the recommended truck prohibition on Castan Avenue.

Parking capacity and street parking – Residents expressed concern that parking will overflow onto nearby local streets. However, the proposed development will be providing parking in accordance with the Town’s by-laws. As outlined above, staff have worked with the applicant to ensure that the underground parking garage will be safe, convenient and attractive so that patrons will choose to park in the garage and not on nearby streets.

Completion of South Unionville Avenue – The applicant will be constructing the first section of South Unionville Avenue, east of Kennedy Road (see Figure 11). Residents expressed concern that there continue to be gaps in South Unionville Avenue. The two remaining missing sections of South Unionville Avenue are:

• an approximately 110 metre (360 foot) gap immediately east of the new north-south local road. The Town owns, or will own, the west half of the right-of-way of this section, but the east half is owned by two non-participating landowners.
• an approximately 140 metre gap between Harry Cook Drive and Unionville Meadows Public School. The Town owns the right-of-way, but the road has not been constructed.

While staff share the desire of the community to see South Unionville Avenue completed, the largest gap, immediately east of the subject lands, is over non-participating owner’s lands. Staff will report to Development Services Committee separately regarding options for the completion of these gaps in South Unionville Avenue. In the interim the roads to be constructed with the proposed development will significantly improve access from the South Unionville community to Kennedy Road with an additional signalized intersection (South Unionville Avenue at Kennedy Road), and a new street between Castan Avenue and Helen Avenue.

Shopping carts – Residents expressed concern that shopping carts will be left on local streets and parks. The applicant advises that the grocery carts will be equipped with devices which disable the wheels when the carts are removed from the property. This obligation will be secured in the site plan agreement.

Neighbourhood park – The residents are eager for the neighbourhood park to the east of the subject property to be completed as soon as possible. The park and stormwater management lands are to be conveyed by the applicant to the Town as a condition of approval of the proposed development, and will complete the park block, allowing park construction to proceed. The community will be consulted as part of the design process for the park.

Environmental and Sustainability Initiatives

The development incorporates the following environmental and sustainability initiatives:

• installation of a building automation system (BAS) or energy management control system (EMS) to optimize the operation of electrical and mechanical equipment – options include, but are not limited to, time of day scheduling, optimized equipment start/stop and run times, daylight control for ambient lighting, energy efficient motor and electrical equipment, temperature and humidity controls, demand ventilation and free cooling measures.
• roof-top rain water harvesting and re-use to supplement water closets, urinals, and irrigation systems. The applicant is considering installing on-site car wash facilities within the underground garage, which would also use the harvested rain water.
• high albedo (reflective) roofs to reduce heat island effect.
• majority of parking below grade minimizes the heat island effect of a large surface parking lot.
• dual flush water closets, ultra low flow urinals and low flow sinks and lavatories.
• the use of locally extracted and manufactured materials, wherever possible.
• use of recycled materials including recycled steel and slag in concrete mixtures.

At the request of staff, the applicant discussed with Markham District Energy the potential to connect the development to district energy. Markham District Energy advised staff and the applicant that because the subject lands are a considerable distance from their existing infrastructure and since none of the other lands in the vicinity are likely candidates for district energy, it would be too costly to extend their system for this one development.

In accordance with Council direction regarding servicing allocation, the future 8-storey apartment building will be required to be minimum LEED Silver certified.

Project plans are acceptable subject to minor refinements

The applicant has worked very constructively with the Town Architect and has made significant changes to the design of the development to address staff’s concerns. The overall design of the development is now satisfactory to staff. Minor refinements to address items including the interim treatment of the adjoining portion of the development before the apartment component is constructed, as well as finishing materials and detailing, will be incorporated into the final project plans.

Name for new local road

When Helen Avenue was subdivided in the 1920’s, it was marketed under the name “Unity Gardens.” From the 1920’s to the mid 1950’s, the residents of Helen Avenue communally owned and operated a community market/social hall, which they called “Unity Gardens,” on the north side of Helen Avenue at Kennedy Road. The name “Unity Gardens Drive” was reserved a number of years ago for this street to recognize the local heritage.

Phase 2 apartment component must wait for servicing allocation

A portion of the subject site was originally part of the Chiavatti et. al. plan of subdivision (19TM-99021), which was draft approved and assigned servicing allocation of 87 units in 2001. However, only 36 units proceeded to registration. Of the remaining servicing allocation, 20 apartment units were transferred to East Markham Non-Profit Homes Inc.(EMNPH), leaving sufficient residual allocation for the townhouse component of the proposed development. There is no available allocation for the +/- 200 proposed apartment units. The zoning by-law amendment will include a holding provision to withhold construction of the apartment component until servicing allocation has been assigned. Staff will be reporting to Committee in May 2008 on the next round of 2011/2012 servicing allocation, and construction lead times.

Zoning By-law Amendment

The draft zoning by-law (Appendix ‘B’) zones the property “Community Amenity Area” under By-law 177-96, as amended. The by-law incorporates site specific development standards (building height and setbacks, residential unit counts, commercial floorspace, etc.) reflecting the proposed development.

The by-law includes two holding provisions, as follows:

· to prohibit any development on the lands until the Owner has conveyed to the Town and the Region of York the lands required for South Unionville Avenue extending from Kennedy Road to the new north-south local road adjoining the east boundary of the subject lands, the lands required for the north-south local road, extending from Ian Baron Avenue to Helen Avenue, and the neighbourhood park and stormwater management lands on the east side of the north-south local road, and has entered into a development agreement with the Town to secure construction of the roads, stormwater management facility and related infrastructure and a site plan agreement for the proposed development.

• to prohibit construction of the apartment component until servicing allocation has been assigned and the Owner has entered into a site plan agreement. This portion of the site will be landscaped in the interim.

FINANCIAL TEMPLATE

Not applicable.

ALIGNMENT WITH STRATEGIC PRIORITIES:

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

Growth Management - intensification along a transit corridor

Transportation/Transit - higher density, mixed-use along transit corridor and close

to the Unionville GO Station mobility hub.

Environment - project incorporates sustainable development features.

DEPARTMENTS CONSULTED AND AFFECTED:

The proposed development has been circulated to internal Town departments and external agencies. All comments/requirements of these departments and agencies are or will be reflected in the final project plans, or will be secured in the site plan/development agreement.

RECOMMENDED BY:

_____________________________ ________________________

Biju Karumanchery, M.C.I.P., R.P.P. James Baird, M.C.I.P., R.P.P

Senior Development Manager Commissioner, Development Services

ATTACHMENTS:

Figure 1 - Location Map

Figure 2 - Area Context

Figure 3 - Air Photo

Figure 4 - Site plan

Figure 5 - Ground Floor Plan

Figure 6 - Second Floor Plan

Figure 7 - Parking Level P1

Figure 8 - Parking Level P2

Figure 9 - Perspective from West

Figure 10- Perspective from East

Figure 11- External Conveyances and Works

Appendix ‘A’ - Conditions of Site Plan Approval

Appendix ‘B’ - Draft Zoning By-law Amendments

Applicant: Hal Kersey

Mady Development Corporation

Tel: (905) 944 – 0907, ext.116

Email: hkersey@madycorp.com

APPENDIX A

Conditions of Site Plan Approval

Jade–Kennedy Development Corporation (South Unionville Square)

East side of Kennedy Road between Castan Avenue and future South Unionville Avenue

Prior to the execution of the site plan agreement, the Owner shall submit:

1. site plans, elevation drawings, underground parking garage layout plans, 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.
2. landscape Plans, including streetscape details, prepared by a Landscape Architect having membership with the Ontario Association of Landscape Architects.
3. a storm water management report and a functional servicing report.
4. a geotechnical report.
5. an environmental site assessment report, phase 1/2.

for endorsement or approval by the Town.

The Owner shall enter into a Site Plan Agreement with the Town and the Region of York, containing all standard and special provisions and requirements of the Town, the Region and other public agencies including, but not limited to, the following:

1. Provisions for the payment by the Owner of all applicable fees, recoveries, development charges, parkland dedications (including cash-in-lieu) and financial obligations related to applicable Developers Group Agreements.

2. Provisions to ensure implementation of the recommendations of the approved reports.

3. Provisions for satisfying all requirements of Town departments and public agencies.

4. Provisions to ensure that all shopping carts will be equipped with devices to discourage them from being removed from the property.

5. Provisions to secure the Owners commitment to implement the proposed environmental and sustainability initiatives.

6. Provision that the Owner acknowledges and agrees that the future apartment component will be minimum LEED Silver certified.

7. Provisions to ensure that any restaurant uses are equipped with odour control units.

8. Provisions to ensure that any car wash facilities incorporate oil/grit separators.

This endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing on May 5, 2009, in the event that the site plan agreement is not executed within that period.

File path: Amanda\File 07 126612\Documents\Recommendation Report