Report to: Development Services Committee Report Date:
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
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
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.
The subject lands
are comprised of 2.62 hectares (6.47 acres) and are located at the northwest
corner of Highway 48 and
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
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
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
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
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”.
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
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
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
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
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
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
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
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.
Recommendations regarding proposed Section 37 Official Plan policies and
implementation guidelines are being considered by Committee in a separate
report. Section 37 of the
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
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:
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
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
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
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
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
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
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:
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
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:
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
On
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
Not applicable
Not applicable
The application
should be considered in the context of the Town’s strategic priorities of
Growth Management, Transportation and Transit and Environment.
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
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
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