Report to: Development Services Committee                                    Report Date: May 4, 2010

 

 

SUBJECT:                          RECOMMENDATION REPORT

                                            Anagni Homes Limited

                                            Applications for Zoning By-law Amendment and Site Plan Control Approval to permit a mixed-use residential development at the northwest corner of Edward Jeffreys Avenue and Highway 48

                                            File No: ZA 09-115049 and SC 06-129809

 

PREPARED BY:               Doris Cheng, Senior Planner – East District, ext. 2331

 

 

RECOMMENDATION:

1)                  That the recommendation report dated May 4, 2010 entitled “Recommendation  Report, Anagni Homes Limited, Applications for Zoning By-law Amendment and Site Plan Control Approval to permit a mixed-use residential development at the northwest corner of Edward Jeffreys Avenue and Highway 48, File No: ZA  09-115049 and SC 06-129809”, be received.

 

2)                  That the record of the Public Meeting held on June 16, 2009, regarding the applications for the Zoning By-law amendment and accompanying site plan control application be received;

 

3)                  That the Site Plan Application (File No. SC 06-129809) submitted and revised by Anagni Homes Limited to permit a 20-storey mixed use building consisting of 216 apartment units and commercial/retail space at grade, at the northwest corner of Highway 48 and Edward Jeffreys Avenue, be endorsed in principle, subject to the conditions attached as Appendix ‘A’;

 

4)                  That the application submitted by Anagni Homes Limited to amend Zoning By-law 177-96 as amended, be approved and the draft by-law attached as Appendix ‘B’ be finalized and enacted without further notice;

 

5)                  That 210 units (476.7 population) of conditional 2011 servicing allocation be granted to this development, as assigned in accordance with the February 12, 2008 and May 19, 2009 reports on servicing allocation;

           

6)                  That prior to the Director of Planning and Urban Design endorsing the site plan, the applicant shall submit to the Town final confirmation of servicing allocation credits from the Region of York (for the remaining 6 units of allocation required) under their “Sustainable Development Through LEED” policy;

 

7)                  That the Town reserves the right to revoke or reallocate servicing allocation should the development not proceed in a timely manner;

 

 

8)                  That the Owner provide the Town with the required payment of 60% processing fees in accordance with the Town’s applicable Fee By-law;

 

9)                  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 plan;

 

10)              That should the Owner wish to participate in the enhanced hoarding programme, the Mayor and Town Clerk be authorized to enter into a Hoarding Agreement with the Owner;

 

11)              That staff be authorized to accept the woodlot (approximately 0.2 ha or 0.5 acres) as part of the parkland dedication requirements for this application, with the balance of the required parkland dedication to be in the form of cash-in-lieu payment;

 

12)              That the site plan endorsement shall lapse after a period of three (3) years from the date of endorsement in the event that a site plan agreement is not executed within that period;

 

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

 

EXECUTIVE SUMMARY:

The subject lands are comprised of 2.62 hectares (6.47 acres) and are located at the northwest corner of Highway 48 and Edward Jeffreys Avenue. 

 

In May 2008, Development Services Committee endorsed a site plan for two buildings fronting onto Highway 48, consisting of 260 apartment units with retail/commercial uses at grade, with a proposed height ranging from 4 to 10 storeys.  The proposal also included a total of 2,237 m² (24,080 ft²) of retail/commercial space at grade, and the relocation of the Albert Wideman House elsewhere on the property.  A second phase was also conceptually shown on the master plan, which consisted of two additional apartment buildings with approximately 200 apartment units, in the western portion of the property, to a total of approximately 460 units.

 

In October 2008, staff presented a concept plan for the lands on the west side of Highway 48 between Bur Oak Avenue and Edward Jeffreys Avenue to Committee.  The concept included the introduction of a new north-south public street, community parkland and mixed use, high density residential development in the form of point towers in strategic locations fronting Highway 48.  Previous applications illustrated extensive building masses along the Highway 48 corridor, creating a ‘wall’ of buildings with limited character and architectural variety.  Staff proposed that the introduction of point towers would provide a variety of architectural building massing while generating the same densities.  By providing for towers in strategic locations, the corridor would create visual interest in the streetscape and provide openings into the skyline. 

 

The revised proposal for the property (Figure 6) is intended to proceed in three phases.  The first phase of development consists of a 20-storey residential tower at the corner of Highway 48 and Edward Jeffreys Avenue.  The building contains 216 residential units with approximately 764.2 m² (8,226 ft²) of retail/commercial uses at grade, with frontage along Highway 48.  Phase 2 consists of condominium townhouse units (47 townhouses) in the westerly portion of the site and integrates the heritage house.  Phase 3 consists of a second mixed use apartment building (approximately 18 storeys consisting of approximately 195 units) directly north of Phase 1.  The total unit count is expected to be 458 units (to be confirmed through site plan approval for Phases 2 and 3), which would be comparable to the unit count proposed in the May 2008 endorsed site plan.  This report recommends site plan endorsement of Phase 1 only.  Any subsequent phases will require separate site plan approvals to permit the development to proceed.

 

The applicant is proposing 5 full moves accesses for all three phases of the site.  The proposed accesses to Phase 1 are limited to full moves accesses from Highway 48 and Edward Jeffreys Avenue.  Phase 1 also includes a total of 301 surface and underground parking spaces to serve the residents and the commercial/retail uses, and 77 bicycle parking spaces at grade and in storage lockers for the residents.

 

The Official Plan and the Wismer Commons Secondary Plan designate the subject property “Major Commercial Area”.  The designation provides for the proposed mixed-use development.  The subject property is currently zoned Major Commercial (MJC) under By-law 177-96, as amended, except for the northwest quadrant of the property, which is zoned Open Space One (OS1) to protect a portion of the larger woodlot to the north.  The Major Commercial zoning permits medium and high density development, which exceeds the High Density II provisions in the Official Plan and the FSI provision in the Wismer Commons Secondary Plan (generally a maximum of 1.75 FSI).  An Official Plan amendment is not required for the proposed development as the Official Plan and Secondary Plans do not limit height, and the existing zoning for the property already permits a maximum FSI of 2.0.

 

Recommendations regarding proposed Section 37 Official Plan policies and implementation guidelines are being considered by Committee in a separate report.  Section 37 of the Planning Act is a planning tool that allows municipalities to grant an increase in height and/or density in return for additional services, facilities and other community benefits.  With respect to this application, the overall density being proposed (1.96 FSI) is within the existing maximum density permitted in the zoning by-law for the entire property (2.0 FSI), although the proposed heights of the apartment buildings in Phase 1 and 3 (20 and 18 storeys, respectively) exceed the current height maximum permitted in the by-law (10 storeys).  The number of units proposed remains comparable to the May 2008 endorsed site plan, and the overall density remains within the 2.0 FSI provisions of the zoning by-law.  The ‘point tower’ format is a response to recent Town initiated studies which encourage point towers at key locations along the Highway 48 corridor.  The applicant previously had zoning approval for a number of ‘slab’ format apartment buildings but agreed to work with staff on the ‘point tower’ concept, while working within the existing density provisions.  Therefore Section 37 policies have not been discussed with the applicant or Committee through the review process and would not be applicable to this application.

 

The proposed mixed use development is consistent with the emerging vision for the Highway 48 corridor which is to create a highly pedestrian-friendly environment that supports street oriented retail and mixed use, higher density development, including residential.  Staff will work with the applicant on enhanced landscaping and streetscaping elements and ensure that this overall project is implemented to a high quality standard.

 

The northwest portion of the subject lands is zoned Open Space One (OS1) to reflect a wooded area which forms part of the ‘Matrundola Woodlot’.  This portion was zoned OS1 to ensure the woodlot’s preservation as a transitional area to the interior of the woodlot.  An OMB appeal was filed on the OS1 zone by the previous landowner.  At issue is whether the Town would be willing to take the lands as parkland credit.  The Town’s practice has been to accept tableland woodlots as an option when all other recreational needs have been satisfied elsewhere in the community.  Staff recommend that the woodlot be conveyed as a condition of development approval, and the applicant be given parkland credit for the dedication.  The balance of the parkland dedication owing would be by way of cash-in-lieu payment.

 

The previous application was endorsed in May 2008 with allocation for 210 units.  The remainder of the required allocation was to be obtained through the Region’s “Sustainable Development Through LEED” policy.  Similarly, the applicant intends to obtain the remaining 6 units of required allocation for the new proposal under the Region’s “Sustainable Development Through LEED” policy and is also seeking a ‘Silver’ LEED rating by implementing a number of design elements to achieve LEED Silver certification.  Examples of sustainable design elements include energy efficient HVAC systems and water efficient landscaping.

 

Staff are satisfied with the proposal and recommend that it be endorsed in principle, subject to the conditions attached in Appendix “A”. 

 

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 approval of site plan and zoning amendment applications submitted by Anagni Homes Limited for a 20 storey building consisting of 216 residential apartment units and retail/commercial space at grade, located at the northwest corner of Highway 48 and Edward Jeffreys Avenue. 

 

BACKGROUND:

Property and Area Context

The subject lands include two properties with a combined area of 2.6 hectares (6.5 acres).  The lands are located at the northwest corner of Highway 48 and Edward Jeffreys Avenue with frontage on both roads (Figure 1). 

 

The property contains a heritage house designated under Part IV of the Ontario Heritage Act, known as the Albert Wideman House, which has been relocated to the southwesterly portion of the site. The northerly portion of the land (zoned OS1) contains approximately 0.2 hectares (0.5 acres) of a 2.2 hectare (5.4 acres) woodlot known as the ‘Matrundola Woodlot’.  A number of mature trees are located along the northeasterly portion of the subject lands in the vicinity of the original location of the heritage house.  A sales pavilion has been constructed on the site.

 

Adjoining the subject lands to the west are low density residential dwellings forming part of the Wismer Commons Community.  Immediately to the north is the remainder of the woodlot as well as vacant lands along Highway 48 intended to be developed by others for a mixed-use development fronting onto Highway 48.  To the east, across Highway 48, are existing industrial/commercial uses.  To the south, across Edward Jeffreys Avenue, is a stormwater management pond and future commercial lands, for which a site plan application is currently under review by staff (Figures 2 & 3). 

 

This site was subject to a previous site plan endorsement

In May 2008, Development Services Committee endorsed a site plan for two buildings consisting of a total of 260 apartment units with retail/commercial uses at grade on the subject lands.  Two additional buildings with approximately 200 apartment units were also shown on the master plan on the western portion of the site, for a total unit count of approximately 460 units.  The proposed apartment buildings ranged in height from 4 to 10 storeys, and included a total of 2, 237 m² (24,080 ft²) of retail/commercial space at grade.  A total of three accesses were proposed, including a full moves access on Highway 48 and two full moves accesses onto Edward Jeffreys Avenue. The site plan included 311 underground and 132 surface parking spaces to serve the residents of the two buildings, visitors and the commercial/retail uses.  A private outdoor amenity area adjacent to the woodlot was also proposed (Figures 4 and 5). 

 

Proposal has been revised in accordance with the Town’s emerging vision for the Highway 48 Corridor

Subsequent to the May 2008 site plan endorsement, staff have been working towards a Town-initiated Official Plan Amendment (OPA) to implement the 2005 Highway 48 Urban Design Study.  This study provided development guidelines for the lands fronting Highway 48 between 16th Avenue and Major Mackenzie Drive.  The most recent staff concept plan for the lands on the west side of Highway 48 between Bur Oak Avenue and Edward Jeffreys Avenue was presented to Committee in October 2008.  The concept included the introduction of a new north-south public street, community parkland and mixed use, high density residential development in the form of point towers in strategic locations fronting Highway 48.  The revised concept was in response to staff concerns with various proposals by landowners, depicting multiple building masses along the Highway 48 corridor, creating a ‘10 storey wall’ of buildings with limited character and architectural variety.  Staff proposed that the introduction of point towers would provide a variety of architectural building massing while maintaining the same densities.  By providing for towers in strategic locations, the corridor would create visual interest in the streetscape and provide openings into the skyline. 

 

Anagni Homes Ltd. has been working with staff since 2008 to revise their application to be consistent with this new concept.  The original design of the 10 storey buildings throughout the site has been revised to transfer density and height to the Highway 48 frontage and decrease the density and height on the westerly portion of the site adjacent to the existing low density community.

 

The revised proposal for the property (Figure 6) is intended to proceed in three phases.  The first phase of development consists of a 20-storey residential tower at the corner of Highway 48 and Edward Jeffreys Avenue.  The building contains 216 residential units with approximately 764.2 m² (8,226 ft²) of retail/commercial uses at grade, with frontage along Highway 48.  Phase 2 consists of 47 condominium townhouse units in the westerly portion of the site and integrates the heritage house.  Phase 3 is anticipated to consist of approximately 195 unit (to be determined) mixed use apartment building directly north of Phase 1, for a combined total of approximately 458 units, comparable to the number of units proposed in the May 2008 endorsed site plan.  This report recommends endorsement of the site plan for Phase 1 only, and approval of the zoning for the entire site.  Phases 2 and 3 will require separate site plan approvals to permit the development to proceed.

 

The applicant is proposing 5 full moves accesses for all three phases of the site.  The proposed accesses to Phase 1 are limited to full moves accesses from Highway 48 and Edward Jeffreys Avenue.  Phase 1 also includes a total of 301 surface and underground parking spaces to serve the residents and the commercial/retail uses, and 77 bicycle parking spaces at grade and in storage lockers for the residents.

 

OPTIONS/ DISCUSSION:

Official Plan and Zoning

The Official Plan and the Wismer Commons Secondary Plan designate the subject property ‘Major Commercial Area’, which provides for the proposed medium and high density development.   The Town’s Growth Management Strategy, currently underway to achieve local municipal compliance with the Provincial Growth Plan and the Region of York Official Plan, identifies this corridor as a residential intensification area.

 

The proposal for the entire property (all three phases) represents a density of 182.8 units per hectare (74 units per acre) and a Floor Space Index (FSI) of 1.96, which exceeds the High Density II provisions in the Official Plan (net site density of 99-148 units per hectare or 40-60 units per acre) and the FSI provision in the Wismer Commons Secondary Plan (generally a maximum of 1.75 FSI).  However, an Official Plan amendment is not required for the proposed development as the Official Plan and Secondary Plans do not limit height, and the existing zoning for the property already permits a maximum FSI of 2.0.

 

The subject property is currently zoned Major Commercial (MJC) under By-law 177-96, as amended, except for the wooded area, located in the northwest quadrant of the property, which is zoned Open Space One (OS1).  The Major Commercial zoning permits the uses proposed in the mixed-use development, however amendments to the zone standards regarding maximum height, setbacks and parking requirements are required to implement the proposed development. 

 

The Open Space One (OS1) zone for the woodlot is currently under appeal to the Ontario Municipal Board.  This appeal is discussed in further detail below.

 

Section 37 policies not applicable to this application

Recommendations regarding proposed Section 37 Official Plan policies and implementation guidelines are being considered by Committee in a separate report.  Section 37 of the Planning Act is a planning tool that allows municipalities to grant an increase in height and/or density in return for additional services, facilities and other community benefits.  Any increase is subject to adherence to ‘good planning’ principles, neighbourhood compatibility and a reasonable relationship between the negotiated benefit and the approved height and/or density.

 

The threshold for height and density increases are to be set out in the Official Plan and/or Secondary Plan, and any zoning by-law amendment in excess of the base development limit, where established, or the maximum development limit established in these plans, may be considered eligible for Section 37 community benefits.

 

With respect to this application, the overall density being proposed (1.96 FSI) is within the existing maximum density permitted in the zoning by-law for the entire property (2.0 FSI), although the proposed heights of the apartment buildings in Phase 1 and 3 (20 and 18 storeys, respectively)  exceed the current height maximum permitted in the by-law (10 storeys).  Height thresholds (minimum or maximum) for high density residential development are not provided for in the Wismer Commons Secondary Plan or the Official Plan (Revised 1987), as amended.  The proposed by-law amendment to implement Phases 1 through 3 merely transfers density and height from one area of the property (i.e., the western portion) to another (i.e., the Hwy 48 frontage).  The number of units proposed remains comparable to the May 2008 endorsed site plan, and the overall density remains within the 2.0 FSI provisions of the zoning by-law.  The ‘point tower’ format is a response to recent Town initiated studies which encourage point towers at key locations along the Highway 48 corridor.  The applicant previously had zoning approval for a number of ‘slab’ format apartment buildings but agreed to work with staff on the ‘point tower’ concept, while working within the existing density provisions.  Therefore Section 37 policies have not been discussed with the applicant or Committee through the review process and would not be applicable to this application.

 

The proposal is generally consistent with the Town’s emerging vision for Highway 48

The Highway 48 Urban Design Study, endorsed by Council in October 2005, provides urban design and development guidelines to be used in the evaluation of development applications within the Highway 48 corridor between 16th Avenue and Major Mackenzie Drive.  The purpose of the urban design guidelines is to encourage a high quality, mixed use and pedestrian friendly district that better supports street-oriented retail and residential uses and provides a focus for the community.

 

The subject lands are identified within the ‘Transition and Intensification District’.  This district envisions that lands between Edward Jeffreys Avenue and Bur Oak Avenue be utilized as a transitional zone between the heritage district to the south and development to the north, consisting of development in the form of multi-storey buildings with grade related retail, service and office uses.  Guidelines for this district call for:

 

  • Well-defined street wall incorporating a high proportion of glazing and primary building entrances which front onto Highway 48.
  • Residential buildings with grade related commercial uses.
  • Buildings which range in height between 2 and 8 storeys.
  • At least 70% of the useable street frontage on Highway 48 to be occupied by buildings.
  • Surface parking to be well screened from the streets to reduce visual prominence.

 

As mentioned previously, staff have been working towards a Town-initiated Official Plan Amendment to implement the urban design vision for the corridor.  Since work began on the Official Plan Amendment in late 2006, several mixed-use residential proposals have come forward which proposed residential intensification and changes to the built form.  During this time, staff have also been reconsidering the appropriate built form for high density residential development in the corridor, from buildings between 8 to 10 storeys in height, to a combination of podiums and point towers.  Based on these considerations, a new vision for the Highway 48 Corridor was presented to Development Services Committee in October, 2008.   For the subject lands, the revised proposal is in keeping with staff’s suggestions, which includes buildings with podiums with point towers of 20 storeys in height at strategic locations along the Highway 48 frontage and a medium density built form at further distances from Highway 48, adjacent to existing low density communities.

 

The site plan and elevations for Phase 1 are considered acceptable, subject to minor revisions

Staff are generally satisfied with the site layout and building elevations for Phase 1 (Figures 7-9).  The building is oriented towards Highway 48 and Edward Jeffreys Avenue and provides for the required grade-related commercial uses.  Comprised of a mixture of brick and precast stone panels, the 5-6 storey podium has a traditional yet contemporary façade which creates a pedestrian scale element and allows the building to create a ‘classical’ character at the street level.  The 20 storey point tower is designed with precast stone panels and aluminum framed glazing (see Figure 5).

 

The grade-related retail/commercial units are predominantly comprised of precast stone panels, brick columns and aluminum framed glazing with a precast sign face, incorporating backlit channel lettering, which will be subject to the Town’s Sign By-law. 

 

Based on Town Transportation Engineering staff review, the site plan will be revised to limit access for Phase 1 to a single full moves access onto Edward Jeffreys Avenue and a single right-in/right-out access onto Highway 48.  The full moves access onto Edward Jeffreys will provide access to a future signalized intersection at Highway 48.  Although not reflected in the concept plan shown in Figure 6, the applicant has also agreed to provide the required lands to construct a new east-west public road at the northern property line to serve the proposed apartment building in Phase 3.  This will provide the site with a future third public road access.  A private north-south road with public access from Edward Jeffreys Avenue to this future public road will serve the condominium corporation, and the grade-related commercial development, and will be maintained by the future condominium corporation.  Access for the future townhouse development proposed to the west in Phase 2 will require further review.

 

The applicant is providing 52 surface parking spaces on site.  These spaces are intended to serve the visitors and the commercial units.  Consistent with recent commercial development approvals north of Bur Oak Avenue, staff have agreed to permit a single row of parking along the north side of Edward Jeffreys Avenue and on the west side of Markham Road on the 10 metre wide sewer easement which extends the entire length of Highway 48 between Edward Jeffreys Avenue and Major Mackenzie Drive.  This parking is intended to serve the retail/commercial stores at grade, and to encourage the main entrances to front onto Markham Road.  The loading and service area has been located to the rear of the building, adequately buffered from public view.  

 

The proposed development is expected to set the precedent for redevelopment in the Highway 48 Corridor and serve as a catalyst for new developments to the north of this site. 

 

Landscaping and the outdoor amenity area will be subject to further refinement

The building is proposed to be set back approximately 17 metres from the Highway 48 property line, and 16.5 metres from Edward Jeffreys Avenue.  Within the setback along Highway 48 is the 10 metre sewer easement.  While structures cannot be constructed within this easement, it can be utilized for enhanced landscaping, a private driveway/fire route and parking.  The applicant is proposing an approximate 3 metre wide landscape strip along Highway 48 and Edward Jeffreys Avenue to screen the single row of parking along these streets.  The selection of landscape materials within the strip includes wrought iron decorative fencing, low shrub plantings for headlight screening, overhead arbors and deciduous trees.  The location of deciduous trees within the easement will require further review to ensure the trees do not negatively impact the function and ongoing maintenance of the underground services.  

 

The zoning for a portion of the site is subject to an OMB Appeal

As mentioned previously, the northwest portion of the subject lands is zoned OS1 to reflect a wooded area which forms part of the ‘Matrundola Woodlot’, the significant portions of which are located to the north and west.  The ‘Matrundola Woodlot’ has been assessed on a number of occasions starting in 1996 in which year the western portion of the woodlot (located outside the subject lands) was identified as an open space / environmentally significant area in the Wismer Commons Secondary Plan.  In 2005, the Town of Markham undertook a qualitative assessment of the ‘Matrundola Woodlot’ to determine if the feature was worth preserving.  The assessment identified an area worthy of preservation that was consistent with the area identified as open space/environmentally significant in the Secondary Plan.  The assessment also identified the wooded area within the subject lands as an area that could provide an open space buffer to the remainder of the woodlot.  To ensure its preservation, staff zoned the lands Open Space One (OS1) to ensure the lands would be preserved as a transitional area to the interior of the woodlot. 

 

An appeal of the Open Space One (OS1) zone was filed by the previous landowner to the Ontario Municipal Board.  At issue is whether the Town would be willing to take the lands as parkland credit. 

 

At the October 28, 2008 Development Services Committee meeting, staff delivered a presentation regarding the ‘Matrundola Woodlot’ and an update to the staff vision for the Highway 48 corridor.  Following considerable discussion by Committee, staff was directed to investigate the protocols of other municipalities and report back to Committee.  Based on research by staff, it was determined that Toronto, Brampton, and Oakville did not have any protocols in place, while Oshawa did not accept the lands for parkland conveyance.  Ottawa also did not accept woodlots as parkland conveyance if the lands could not be used for recreational uses, and Richmond Hill did not accept woodlots as conveyance for park or public recreational use.  Mississauga encourages the gratuitous dedication of woodlots, and the woodlot is then deleted from the gross area of the proposed plan.

 

The Town’s practice has been both to accept tableland woodlots as parkland dedication and to require the conveyance of woodlots over and above parkland dedications, depending on the circumstances.  Accepting tableland woodlots is considered an option when all other recreational needs can be satisfied elsewhere in the community.  There have been instances in which tableland woodlots have been taken as parkland dedication through extensive discussions, negotiations and agreements with developers, depending upon the context and circumstances in each OPA 5 community.  Examples of successful negotiations include preserved woodlots in Wismer, Berczy, Markham Centre and Box Grove, all of which were taken as part of the developer’s parkland dedication requirement.  In the instance of Cornell, woodlots were dedicated over and above the required parkland dedication by agreement with the Province as landowner at the time the Secondary Plan was being drafted.  Therefore it has been the Town’s practice to do both, based on varying circumstance. 

 

Specifically in regards to Wismer, the Wismer Commons Secondary Plan, Section 5.5.3 Open Space Acquisition, subsection (b) states:

 

“Woodlots and tree stands worthy of preservation shall, where possible, be incorporated into the park system.  The Town will consider acquiring woodlots as part of the parkland dedication if all the needs of active recreational facilities have been satisfied.”

 

During the development of the Wismer Commons community, the parkland dedication requirement was 4 acres/1,000 at which time the Town acquired several large, high quality, tableland woodlots as part of the developer’s parkland dedication requirements.  These instances included tableland woodlots which were not intended for conservation, but designed for passive recreational use to serve the residents of the area.  The ‘Matrundola Woodlot’ was not taken into public ownership at that time since preliminary assessments deemed it to be of poor quality and isolated from the established park and open space system in Wismer.  In addition, the Wismer Commons Developers Group was over-dedicated in parkland at the time.

 

The Regional arborist has indicated that the ‘Matrundola Woodlot’ would meet the definition of woodland under the Region’s Forest Conservation By-law, but that tree removal in the woodland would be permitted if it is required as a condition of development approval under the Planning Act.  The arborist has also pointed out that if there are naturally occurring butternut trees in the woodlot then the woodlot may be considered Regionally Significant Woodland.  This matter would have to be clarified further with the Region of York but tree removal is not proposed at this time.  Assessments provided by the applicant have determined that 4 butternut and 2 black walnut trees are located in an area the applicant is proposing as an outdoor amenity space, and therefore would be preserved.

 

With the emerging high density development trend for the Highway 48 Corridor, staff believe the Town may be justified in acquiring the ‘Matrundola Woodlot’ as a portion of the parkland dedication requirements for the following reasons:

 

  1. The increase in density along Highway 48 would result in significant parkland dedication requirements. This could be taken as cash-in-lieu and in land.

 

  1. The conveyance of the woodlot would not negatively impact the amount of parkland required by the Town for public recreation use and the Town can still fulfill certain active recreational needs along the Highway 48 corridor in tableland parkland intended to be acquired on lands to the north.

 

  1. The woodlot is not intended to be isolated.  The vision for the area is to connect the woodlot to a future park north of the woodlot, which would be accessible by the future north-south public road.  The woodlot would then become part of an integrated park and open space system, making the woodlot a viable part of the overall park system and truly “public” in nature.

 

  1. The woodlot can be developed with trails/pathways that contribute to public passive recreation; and therefore the woodlot will not be restricted to conservation only.

 

  1. Options are limited for parkland dedication in the Highway 48 corridor and the conveyance of the woodlot as public park dedication increases the amount of parkland in the area.

 

Based on the information above, it is staff’s recommendation that the woodlot be conveyed as a condition of development approval, and the applicant be given parkland credit for the dedication.  Staff will continue to work with the applicant to preserve the woodlot and integrate trees of significance into the future development.  As condition of approval, the applicant would be required to participate in the development of a Woodlot Assessment and Management Plan, the costs of which would be shared by all landowners in the Highway 48 corridor.

 

Should staff be directed to acquire part or all of the lands as part of the parkland contribution, the overall amount of lands required for parkland contribution will be determined prior to the execution of the site plan agreement for Phase 1.

 

The applicant has submitted an application for zoning by-law amendment in support of the proposed site plan application

To accommodate the proposed development, the applicant is requesting an amendment to the existing zoning by-law for the entire property with regards to the development standards and to reduce the required number of parking spaces on-site.  The applicant has requested zone permissions to accommodate an 18-storey building on the lands denoted as Phase 3, and has also agreed to ‘down-zone’ the western portion of the lands to permit the townhouse development.  This would remove the existing high density zoning permissions on the western portion of the site and provide an appropriate zone on the lands to accommodate the Phase 2 townhouse development.  The amending by-law will also require provisions to provide for the relocated single-detached heritage house.

 

The Town of Markham Parking By-law (28-97) as amended requires that parking for the proposed retail/commercial space at grade be provided at the shopping centre rate of a minimum of 1 parking space for every 23 m2 of leasable floor area.  Parking for the apartment units are required at a minimum rate of 1.25 parking spaces per dwelling unit plus 0.25 parking spaces per unit for visitors.   On this basis, Phase 1 of the proposed development requires a total of 357 parking spaces.  The site plan for Phase 1 shows a total of 301 parking spaces (249 underground parking spaces for residents and 52 surface spaces for visitors and the retail/commercial uses).  This represents a shortage of 56 parking spaces from by-law requirements.  The original 2008 proposal requested a shortage of 53 parking spaces for the two 10-storey towers, which staff supported.

 

The applicant has submitted an updated parking utilization study, prepared by Cole Engineering, transportation consultants.  Similar to the original study which was approved by staff, the study surveyed residential development near GO Stations and found that visitor parking demand is much lower than required by the Town’s Parking By-law.  The surveys indicated rates less than 0.1 parking spaces per dwelling unit for visitors. Application of the reduced rate to the proposed Phase 1 building decreases the visitor parking requirements to 22 spaces, whereas the By-law requires a total of 54 spaces. The study indicated that this area is well served by transit.  The Mount Joy GO Train station is serviced with trains during the morning and evening peak periods, and is also supplemented with GO buses and public transit (York Region and Toronto Transit Commission).

 

The study also suggests that the overall parking supply can be further reduced to take advantage of shared parking opportunities between the apartment visitor parking and the parking required for the retail uses.  The rationale is that during the day residential visitor parking demand is significantly less, allowing more parking to be used by the commercial component.  Similarly in the evening residential visitor parking could use the commercial parking when businesses are closed.  It should be noted that the commercial use anticipated will be ancillary in nature to the development and will predominantly cater to clients/patrons within and from the vicinity of the development.  Therefore, much of the business is anticipated to be walk-in and the amount of parking needed will be less than required by the Parking By-law. 

 

Based on the analysis in the parking study, staff are satisfied that the reduction in parking can be supported.  For similar mixed use proposals, staff have supported the retail parking rate of a minimum 1 parking space for every 30 m2 of leasable floor area, as well as a minimum parking rate of 1.1 parking spaces per dwelling unit for apartment units.  The previous site plan endorsement also contemplated the rate of 0.1 parking spaces per unit for visitors, to be shared with the retail/commercial spaces.  On this basis, Phase 1 of the proposed development would require a total of 285 parking spaces.  The proposed site plan for Phase 1 indicates 301 parking spaces.  Staff are satisfied that the proposed 301 parking spaces are sufficient to accommodate the parking demands of the proposed development.

 

The applicant is also seeking the following amendments to the development standards:

 

  • To increase the maximum permitted building height from 30 metres to 67.45 metres;
  • To reduce the minimum required building setback from Highway 48 from 19 metres to 16.9 metres;
  • To increase the maximum required building setback from the southerly property line from 10 metres to 16.5 metres;
  • To reduce the minimum required setback of parking spaces from Highway 48 from 6 metres to 3 metres;
  • To reduce the minimum required landscape strip along Highway 48 from 6 metres to 3 metres;
  • To reduce the minimum required westerly side yard setback for the relocated Heritage House from 7.5 metres to 4 metres;

 

A draft zoning by-law amendment reflecting the above and other minor revisions is attached as Appendix ‘B’.

 

The Albert Wideman House

The Albert Wideman House is listed on the Markham Register of Properties of Cultural Heritage Value or Interest and is designated under Part IV of the Ontario Heritage Act.  The house is also listed as a heritage resource in the Wismer Commons Secondary Plan and has been evaluated as a Group 1 heritage building.  Built c. 1895, this 1 ½ storey building is an excellent example of a Queen Anne Revival red brick farmhouse in Markham. 

 

On November 24, 2008 the applicant executed a Letter of Undertaking and a Heritage Easement Agreement with the Town. The Undertaking was for the relocation and restoration of the Albert Wideman House, and the installation of municipal services.  The applicant has successfully relocated the house onto a new concrete foundation, at the southwest corner of the site with frontage onto Edward Jeffreys Avenue.  The building has been connected to municipal services and is anticipated to be integrated into the Phase 2 townhouse development. 

 

The applicant has servicing allocation for 210 apartment units

The applicant has received servicing allocation for 210 apartment units by Council as part of the 2008 site plan approval.  The remaining 6 units of allocation required for the first phase are intended to be achieved through the Region’s “Sustainable Development Through LEED” program. 

 

As per the original proposal, the applicant intends to implement a number of design elements to achieve a LEED Silver certification.  The applicant has confirmed that they intend to implement the initiatives identified in the April 16, 2008 letter attached as Appendix ‘C’, including storage and security for alternative modes of transportation (bicycle parking and change rooms), water efficient landscaping, and energy efficient HVAC systems.

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable

 

HUMAN RESOURCES CONSIDERATIONS:

Not applicable

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

The application should be considered in the context of the Town’s strategic priorities of Growth Management, Transportation and Transit and Environment.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to various Town departments and external agencies.  The requirements of the Town and external agencies have been reflected in the report, conditions of approval, and the draft Zoning By-law amendment.

 

CONCLUSIONS:

Staff are satisfied with the proposal and recommend that the site plan for Phase 1 be endorsed in principle, subject to the conditions attached in Appendix ‘A’.  Staff also recommend that the draft zoning by-law attached as Appendix ‘B’ be finalized and enacted without further notice.

 


RECOMMENDED BY:  

 

 

______________________________                        ______________________________

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

Senior Development Manager                                       Commissioner, Development Services

Development Services Commission

 

ATTACHMENTS:

Appendix A – Conditions for Site Plan Approval

Appendix B – Draft Zoning By-law

Appendix C –      Letter from applicant regarding commitment to achieving LEED Silver             certification

 

Figure 1 – Location Map

Figure 2 – Area Context/Zoning

Figure 3 – Air Photo 2007

Figure 4 – May 2008 Endorsed site plan

Figure 5 – May 2008 Endorsed Elevations – Highway 48 Frontage

Figure 6 – Revised Master Plan

Figure 7 – Revised Site Plan – Phase 1

Figure 8 – Revised North-South Elevations – Phase 1

Figure 9 – Revised East-West Elevations – Phase 1

 

OWNER/AGENT:   Mr. Joe Di Giuseppe

                                  Anagni Homes Limited

                                  8700 Dufferin Street

                                  Vaughan ON  L4K 4S6

                                  Tel: 416-661-5329  Fax: 905-669-0443

                                  Email: joe@greenparkgroup.ca

 

File path: Amanda\File 06 129809\Documents\Recommendation Report

 


Figure 1:  Location Map