![]()
Report to: Development Services Committee Report Date: November 16, 2010
SUBJECT: RECOMMENDATION REPORT
Applications by Bayview Summit Development Ltd. for Official Plan and Zoning By-law Amendments for mixed use high density residential and commercial development
2900 Steeles Avenue East (n/e corner of Steeles Ave E and Don Mills Road)
File Nos. OP 07 130802 & ZA 07 110745
PREPARED BY: Ron Blake, ext. 2600
RECOMMENDATION:
1) That the report entitled “RECOMMENDATION REPORT: Applications by Bayview Summit Development Ltd. for Official Plan and Zoning By-law Amendments for mixed-use, high-density residential and commercial development, 2900 Steeles Avenue East (n/e corner of Steeles Ave E and Don Mills Road), File Nos. OP 07 130802 & ZA 07 110745” be received;
2) That the applications by Bayview Summit Development Ltd. for Official Plan and Zoning By-law Amendments not be supported, as currently proposed;
3) That Council endorse the built form and planning principles set out in Appendix A to this report and that the applicant be encouraged to continue to work cooperatively with staff to revise the development proposal to implement these principles;
4) That any redevelopment of this site be phased, to the satisfaction of the Commissioner of Development Services, in accordance with the availability of servicing allocation and anticipated improvements to transportation infrastructure;
5) That staff be directed to attend the Ontario Municipal Board hearing when scheduled;
6) And that staff be authorized and directed to do all things necessary to give effect to this resolution.
EXECUTIVE SUMMARY:
Bayview Summit Development Limited submitted applications for Official Plan Amendment (October 2007) and Zoning By-law Amendment (March 2008) to permit a mixed-use retail, office and residential development on the subject property located at the north east corner of Steeles Avenue East and Don Mills Road. Revised applications for OPA (December 2009) and ZBA (April 2010) were submitted following a series of meetings with Town staff and a Working Group comprising area residents from the Town of Markham and City of Toronto. The statutory Public Meeting was held on May 4, 2010. In June 2010, the Owners appealed these applications to the Ontario Municipal Board. To date the applicant has not submitted an application for Site Plan approval.
During the course of staff’s review of the applications, a number of built form and planning principles have emerged, which staff have been using as a basis for reviewing the applications on this site. These principles are set out in Appendix A.
The revised development concept addresses a number of these principles, as follows:
· The internal street grid pattern provides small development blocks and better permeability;
· Buildings on the western 2/3 of the site have retail / commercial uses at grade to promote pedestrian activity at street level, although high density residential development proposed on the eastern 1/3 of the site does not provide at-grade retail;
· Sidewalks and landscaping along driveways are wide enough to provide a comfortable pedestrian environment and opportunities for good tree planting and street furniture;
· The vast majority of parking will be located underground, or in a parking structure at the north end of the site;
· The applicant has indicated a willingness to provide internal community amenity space.
Outstanding matters that have not been addressed to staff’s satisfaction include:
· Proposed development density, within the context and character of the surrounding neighbourhoods and the capacities of the existing and proposed transit infrastructure serving the site;
· The height of the high-rise residential towers proposed on the eastern 1/3 of the site and the need to create an acceptable transition in built form between the proposed development and neighbouring residential areas;
· Further deployment of residential units on the western portion of the site, to provide for a more even distribution of residential and commercial uses across the site, which will provide for more residential units in proximity to the Steeles Avenue/Don Mills Rd. intersection, the focal point for existing and planned transit facilities; and,
· Reinforcing the retail function of the internal main street to create a vibrant pedestrian-oriented shopping/commercial environment;
· The outdoor amenity space/open space area shown on the revised concept does not front onto a public street and is not accessible to the local community, and would not be acceptable to the Town for conveyance as public parkland.
Other principles, such as committing to the provision of sustainable development practices, including LEED, FLAP (fatal light awareness program for birds); transit-oriented development; transportation / parking demand management; providing good connectivity with the existing communities to the south and west (pedestrian connections to the residential area to the north are provided) can all be addressed at the Site Plan approval stage. An appropriate provision of affordable and special needs housing also needs further discussion, and may also addressed through Official Plan policies, as a principle of redevelopment of the site that may be permitted to contain residential uses.
In light of the matters noted above that remain unresolved, staff recommend that the Official Plan and Zoning By-law Amendment applications not be supported as currently proposed. Staff are requesting that the urban design and planning principles that have evolved through the course of the review of the applications, and set out in Appendix A to this report, be endorsed by Council as a basis for further discussions with the applicant in order to attempt to resolve these outstanding matters prior to the Ontario Municipal Board hearing scheduled for the spring of 2011.
1. Purpose 2. Background 3. Discussion 4.
Financial
5. Others (HR, Strategic, Affected
Units) 6.
Attachment(s)
The purpose of this report is to update Development Services Committee and Council on the current status of the applications by Bayview Summit Development Ltd. for the revised Official Plan Amendment (submitted December 2009) and revised Zoning By-law Amendment (submitted March 2010); to review the revised applications; and to recommend a Town position in dealing with the applications prior to the Ontario Municipal Board Hearing.
Property and Area Context
The subject
property is approximately 7.1 hectares (17.7 acres) in area and is located on
the northeast corner of Don Mills Road and Steeles Avenue East (Figures 1 &
2).
The subject
lands are bounded by the following uses:
·
To
the north and west are low density townhouses and single detached residences;
·
To
the south, across Steeles Avenue East in the City of Toronto are townhouses and
six-storey apartment buildings; and,
·
Highway
404 to the east, with employment uses beyond.
Existing Uses
The site currently supports a shopping centre, three additional commercial buildings on pads located adjacent to Steeles Avenue East, and a gas station at the intersection of Don Mills Road and Steeles Avenue East. The existing enclosed mall contains 22,634 m2 (243,638 ft2) of retail space, including a supermarket and a Sears Outlet store, and 2,829 m2 (30,448 ft2) of office space.
The subject site is currently served by three access driveways. Two are located along Steeles Avenue East. The easternmost access is fully signalized and accommodates full turning movements, whereas the western access is a right-in/right out access. The third access, located on Don Mills Road, has full moves but is not signalized. The gas station is also served by a right-in/right-out access on Don Mills Road (Figure 3).
Current Official Plan and Zoning By-law
The Markham Official Plan (as amended by OPA 26 in October 1994) designates the site Commercial (Major Commercial). The planned function is for large-scale, multi-use, multi-purpose centres or areas, offering a diverse range of retail, service, community, institutional and recreational uses, serving a major portion of the municipality and/or broader regional market. The Major Commercial designation provides for a range of commercial uses such as retail stores, services uses, offices, banks, hotels and restaurants among other uses. In addition, the Official Plan also provides for medium density and high density residential in these areas, subject to:
· the review of a specific development proposal and rezoning;
· the provisions of any implementing Secondary Plan;
· compatibility with the planned function of the lands; and
· appropriateness of the location.
Official Plan policies for the Major Commercial designation provide that siting, massing and scale of development, and landscaping, shall contribute to and reinforce the importance of these lands as a major multi-purpose focus in the Town. Development and re-development shall contribute to an attractive, pedestrian-friendly streetscape that is not dominated by large surface parking areas. Attractive, safe, convenient and easily-accessible pedestrian connections shall be provided to all adjoining streets and transit facilities and, where appropriate, between on-site facilities and uses. In circumstances where the urban design issues associated with a development proposal are particularly significant, or require detailed consideration of matters beyond the content of the design guidelines, Council may require the preparation of specific design studies in support of the proposal.
The Thornhill Secondary Plan, adopted in 1991, designates the subject lands Major Commercial. The Thornhill Secondary Plan contains a site specific policy that states that “The general intent of this designation is to provide a full range of retail outlets, including a department store, supermarket and specialty retailers, as well as service commercial uses. As changes in the use of this site are considered in the future, the major priority should be to enhance and strengthen the retail appeal of this facility. Accordingly, non-retail uses should be discouraged unless clearly demonstrated to be compatible with and supportive of the primary retail function.” The applicant has submitted an application to amend the Secondary Plan to permit the high density residential uses.
The lands are zoned Community Commercial by By-law 2612, as amended. The Community Commercial zoning permits a planned shopping centre with uses ranging from hotels, offices, retail stores, restaurants and personal service shops, among other uses. A zoning by-law amendment application, required to permit the residential use as well as incorporate site specific development standards, was submitted in March 2008 although the draft by-law text was only recently prepared and submitted to the Town in July 2010.
A formal site plan application has not yet been submitted.
Initial development proposal
Since October 2007, two formal redevelopment concepts have been submitted by the applicant, as part of their Official Plan and Zoning By-law Amendment applications, with three more interim proposals submitted for discussion purposes with staff and the Working Group members. The evolution of these submissions is summarized in Figure 9.
The intent of the initial Official Plan Amendment application, submitted in October 2007, was to gradually phase the redevelopment of the existing mall and provide a comprehensively planned, mixed use development with a mix of retail, office and residential uses (see Figure 4). The general concept of the proposal was inspired by a Lifestyle Shopping Centre model favoring an unenclosed, pedestrian-oriented main street shopping environment, with reduced emphasis on automobile parking.
The October 2007 application proposed a total gross floor area of 179,465 m2 (1,931,745 sq.ft.), with an overall density of 2.5 Floor Space Index (FSI), consisting of:
· 18,990 m2 (204,410 ft2) of retail space and 2,617 m2 (28,169ft2) of office space along a central shopping street running east/west through the subject site, with additional retail space extending along the two entrance streets from Steeles Avenue East; and,
· 157, 948 m2 (1,700,199 ft2) of residential gross floor area (2057 units), contained in seven buildings ranging in height from 10 to 32 storeys across the periphery of the subject site, with the taller buildings proposed on the eastern portion of the site.
Revised development proposal
A revised Official Plan Amendment application with revised master plan concept and technical study addenda was submitted on December 22, 2009 (see Figures 5 and 6). The application for Zoning By-law Amendment, to implement the December 2009 development concept, was submitted in April 2010. The revised applications propose a total gross floor area of 179,557 m2 (1,932,735 sq.ft.), with an overall density of 2.5 FSI, consisting of:
· 22,736 m2 (244,728 ft2) of retail space and 8,928 m2 (96,100 ft2) of office space along a central shopping street running east/west through the subject site, with additional retail space extending along the two entrance streets from Steeles Avenue East; and,
· 147, 892 m2 (1,591,896 ft2) of residential gross floor area (1,787 units), contained in five buildings ranging in height from 18 to 32 storeys concentrated in the eastern 1/3 of the site.
Key similarities between the two submissions include:
· Development is organized around a central east/west driveway through the middle of the site;
· The two access driveways from Steeles Avenue East are retained in their present locations;
· Both submissions propose 5 or more high-rise residential towers (18 to 32 storeys);
· Both submissions proposes an internal open space area in the eastern portion of the site;
· Both submissions propose an overall density of 2.5 FSI, with a total gross floor area of over 1.9 million square feet. Retail and office floor area is slightly greater in the December 2009 application, while residential floor area (and number of units) is slightly smaller than the October 2007 application.
Key differences between submissions include:
· While the October 2007 submission proposed significant integration of residential and commercial uses along the Highway 404, Steeles Avenue and Don Mills frontages of the site, in the form of residential towers with at-grade retail uses, the December 2009 submission concentrates the majority of the residential uses to the eastern 1/3 of the site adjacent to Highway 404. While 316 residential units are proposed in three mid-rise buildings fronting on Steeles Avenue East and Don Mills, these units represent only 17.6% of the total number of units proposed;
· The October 2007 submissions proposed complete demolition of the existing retail mall along the northern half of the site, and replacement with unenclosed retail uses, whereas the December 2009 proposes to retain the existing Sears store and associated rooftop parking deck; and redevelopment of some enclosed retail uses in this building;
· The October 2007 submission proposed that all parking would be provided in a parking structure along the northern boundary of the site and underground, whereas the December 2009 submission proposes a greater amount of surface parking along the internal driveway
· The October 2007 submission did not include a supermarket, while the December 2009 submission proposes that a supermarket be retained on the site, in a new location.
· The October 2007 submission proposed that all retail uses would front on the internal east/west driveway; while the December 2009 submission proposed additional retail uses fronting on a portion of the Steeles Avenue East frontage.
· The October 2007 submission provided for only one access to Don Mills Road, whereas the December 2009 proposal provides two accesses to Don Mills Road.
A table summarizing the site statistics of the latest application compared to the existing situation is attached as Figure 7. The chart attached as Figure 9 indicates the evolution of the application since the original submission.
History of the Application (Chronology)
The following list summarizes key events of the past three years:
· October 19, 2007 – Official Plan Amendment application was filed with the Town.
·
· January 30, 2008 – applicant hosted a Community Information Meeting with area residents.
·
· March 13, 2008 - an application for Zoning By-law Amendment was submitted to implement the proposed Official Plan Amendment.
·
· May 4, 2008 - preliminary report and status update was brought to Development Services Committee advising that a statutory Public Meeting was anticipated to be convened in October or November 2008.
· A series of meetings were held with applicant and the Working Group, as follows:
1)
2)
3) September 10, 2008 – Refinement of Built Form Principles
4)
5) February 18, 2009 – New architects, Kirkor Architects & Planners, were introduced and presented a revised master plan concept
· Staff met with the applicant, architect and planning consultant team several times during the early part of 2009 to discuss the proposed master plan concept submitted in support of the Official Plan and Zoning By-law Amendment applications.
· July 2009 – staff provide status update to working group members.
· August 2009 – revised applications were submitted. However, the detailed proposal and master plan concept did not sufficiently reflect past discussions and directions. Therefore, with the support of the Ward Councillor, further talks with the applicant and project architect took place.
·
· Several Working Group meetings were held to review and provide input on the revised submission, as follows:
· February 25, 2010 – The architect presented the formal resubmission;
· April 7, 2010 – Informal meeting attended by the Mayor to provide residents with an opportunity to reach consensus on their opinions about the application;
· April 12, 2010 – Meeting to focus on traffic and transportation issues attended by the applicant’s traffic consultant and transportation engineers from the Town, York Region and the City of Toronto;
· April 28, 2010 –Toronto City Councilor Shiner, reviewed a motion that he had presented to North York Community Council on April 6, 2010 (carried), that building heights be limited to 6 storeys, that density be limited to 1.0 FSI. The details of the applicant’s proposed Official Plan Amendment text was reviewed in advance of the Public Meeting;
· March 2, 2010 – staff provide status report to Development Services Committee.
· April 2010 – Revised Zoning By-law Amendment application submitted (associated with the revised OPA application of December 2009).
· May 4, 2010 – Statutory Public Meeting for revised Official Plan and Zoning By-law Amendment applications held.
· June 3, 2010 – OPA and ZBA applications appealed to the Ontario Municipal Board.
· July 22, 2010 – applicant submitted text for draft Zoning By-law Amendment based on the master plan concept submitted in December 2009.
Series of meetings held with residents’ Working Group
The chronology provided above sets
out the topics discussed by the Working Group, and minutes from each Working
Group Meeting have been kept. The repeated concerns from the Working Group
relate to the height and density of the residential component, traffic impacts,
impacts of the proposed development on surrounding residential areas,
pedestrian priority and access, open space provision and ensuring that an
attractive, accessible and viable retail environment that will be provided.
City of Toronto Staff prepared a status report on proposed development
On April 6, 2010, North York District Community Planning staff prepared a status report for North York Community Council on the proposed development. This report recommended that the subject application should be revised to:
· Reduce the height of the southernmost 32 storey apartment building in order to provie an appropriate transition to the lands designated Neighbourhoods located south of Steeles Avenue East;
· Redistribute development and the mix of uses over the subject site so that more of the development is closer to transit services and better defines and fames Steeles Avenue and Don Mills Road;
· Reduce the floor plate size of any high-rise residential buildings to reduce visual impact, impact on sky view and shadowing.
The report also advised the Town that Steeles Avenue East in this location has been identified for streetscape improvements including improved landscaping of the existing median and any negotiations regarding Section 37 of the Planning Act related to this development should include consideration of the use of such funds for Steeles Avenue streetscape improvements.
On May 11 and 12, 2010, Toronto City Council adopted a resolution amending the staff recommendations set out above, as follows:
· Reduce the proposed gross density on the site to a maximum of 1.0 times coverage and a maximum of 400 residential units and no increase in this density shall be permitted until construction has begun on the Don Mills LRT or similar major public transportation improvements;
· Redistribute development and the mix of uses over the entire subject site so that more of the development is closer to transit services and better defines and frames Steeles Avenue and Don Mills Road;
· Reduce the maximum height of all buildings to no more than 6 storeys, the height of the neighbouring residential buildings to the south; and,
· Reflect a built form where the buildings fronting onto Steeles Ave. E., Don Mills Road and along the north property line have a one or two storey podium at grade and be tiered away from the perimeter of the development to minimize the impact on the lands in Toronto designated neighbourhoods located south of Steeles Avenue East and the neighbouring residential communities to the west and north of the site.
The City Council resolution also directed that the Town be advised that City Staff do not have the authority to approve the installations of new service connections to City infrastructure (storm or sanitary sewers) to accommodate development outside the limits of the City of Toronto.
Public Meeting held May 4
A statutory public meeting was held on May 4, 2010. Key issues raised at this meeting by residents include concerns relating to:
·
Constraints on the property’s limited potential
as an intensification site for residential development given its size, position
in the Town’s intensification hierarchy and isolation from other
intensification / transit priority areas;
·
height of the high-rise residential towers;
·
density of the proposed development;
·
traffic impacts from the proposed development;
·
pedestrian access from the local community to
the retail development;
· loss of mall-format internal retail space on the site.
At the public meeting, the Working Group presented an alternative development option for the site, consisting of six storey buildings and a development density in the order of 1.0 FSI.
In addition to the coordinated delegation made by residents representing the Working Group, other members of the community spoke in opposition to the current proposal. Toronto Councillor David Shiner also addressed Committee regarding the delivery of the Don Mills Light Rail Transit, which he advised is not a priority for the City. He stressed the importance of protecting existing communities and presented a concept that incorporated 6 to 8 storey mixed use buildings spread across the entire development site.
Applications appealed to the Ontario Municipal Board
In June 2010, the owners appealed the applications to the Ontario Municipal Board. A pre-hearing conference was held on August 27, 2010, and a second pre-hearing conference has been scheduled for November 23, 2010. The hearing is scheduled to begin on February 28, 2010. The Board has set aside 8 weeks for the hearing.
No servicing allocation is currently available for the residential component
The Town has received a servicing allocation request from the applicant’s agent. The residential portion of this application would require, but has not received, a servicing allocation. It is anticipated that Regional servicing allocation constraints will continue over the foreseeable future, necessitating ongoing prioritization of development applications to ensure that Provincial, Regional and Town growth management strategies can be met. As discussed in more detail below, the Town’s Framework for an Intensification Strategy places the highest priority on directing intensification to the Langstaff Gateway and Markham Centre urban growth centres; and the Yonge Steeles Corridor and Avenue Seven Regional Corridor. In an environment of constrained servicing capacity, the Town will be giving highest priority to allocation in these large, Regional-scaled intensification areas, which are to be well served and connected by primary rapid transit corridors.
Provincial Policy Statement
While Section 1.1.3 “Settlement Areas” of the Provincial Policy Statement promotes intensification within established urban areas, to allow for the efficient use of land and resources, infrastructure, public service facilities, and energy; and to minimize negative impacts to air quality and climate change; the PPS clearly gives local planning authorities a mandate to guide the location, form, intensity and phasing of this intensification.
These policies are set out in subsections 1.1.3.3 to 1.1.3.8 which indicate that planning authorities shall:
· identify and promote opportunities for intensification and redevelopment, where this can be accommodated taking into account existing building stock or areas, and the availability of existing or planned infrastructure and public service facilities;
· promote appropriate development standards which facilitate intensification, redevelopment and compact form, while maintaining appropriate levels of public health and safety;
· establish and implement minimum targets for intensification and redevelopment within built-up areas;
· establish and implement phasing policies to ensure that intensification targets are achieved prior to or concurrent with designated growth areas;
· planning authorities shall establish and implement phasing policies to ensure the orderly progression of development within designated growth areas and the timely provision of infrastructure and public service facilities required to meet current projected needs.
Growth Plan for the Greater Golden
Horseshoe
Likewise, the Provincial Growth Plan (Section 2.2.3.6) grants municipalities significant authority in determining how intensification targets are to be implemented at the local level, and the form and scale of each identified intensification area. The Plan mandates that municipalities will develop and implement through their official plans and supporting documents intensification strategies that:
· are based on Provincial growth forecasts;
· encourage intensification generally throughout the built-up area;
· identify intensification areas to support achievement of the intensification target;
· recognize urban growth centres, intensification corridors and major transit station areas as a key focus for intensification;
· facilitate and promote intensification;
· identify the appropriate type and scale of development in intensification areas;
· include density targets for urban growth centres and density targets for other intensification areas;
· plan for a range and mix of housing;
· encourage secondary suites.
Section 2.2.3.7 provides further policy guidance on intensification areas, which are to be planned and designed to:
· cumulatively, attract a significant proportion of new growth;
· provide a diverse and compatible mix of land uses;
· provide high quality public open spaces;
· support transit, walking and cycling;
· generally achieve higher densities than in surrounding areas;
· achieve an appropriate transition of built form to adjacent areas.
Based on the above policies, the intent of the Growth Plan is for local municipalities to implement their intensification strategies by identifying a hierarchy of intensification nodes, corridors and sites, which build on existing and planned servicing and transportation infrastructure. The intent is not that intensification should be directed everywhere within the urban area, but rather to well-defined intensification areas. Furthermore, each intensification area within the local hierarchy will accommodate an appropriate level of intensification, and be phased based on existing and planned servicing and transportation infrastructure, and an appropriate scale and density of development in keeping with the local context.
Regional Official Plan Intensification Strategy
The Region of York’s Intensification Matrix Framework forms part of the Regional Official Plan, which was adopted by Regional Council on December 16, 2009 and approved by the Province on September 8, 2010.
The Regional Official Plan contains the following hierarchy of identified intensification areas:
· Regional Centres (i.e. Markham Centre and Langstaff Gateway in Markham) shall generally achieve a minimum density of 2.5 FSI per development block (3.5 FSI adjacent to the Langstaff/Longbridge Station on the Yonge Subway Extension).
· Regional Corridors (portions of Yonge Street and Highway 7 in Markham) – Local municipalities are to identify Key Development Areas along Regional Corridors which will support an overall long-term density of 2.5 FSI for developable areas. In addition, the plan establishes a minimum 3.5 FSI adjacent to the future Steeles/Yonge subway station; and a minimum 2.5 FSI adjacent to the future Clark and Royal Orchard stations on the Yonge Subway extension;
· For “lands adjacent to other rapid transit stations and/or other select areas” (the intensification category that applies to the subject site), the area municipalities are to determine an appropriate FSI per development block in their Official Plans, in consideration of community character and context.
· Local Centres and Corridors – which are to be identified by local municipalities in their Official Plans
The subject lands fall within a subset of Regional
intensification areas identified as “lands adjacent to other rapid transit
stations and/or select areas”.
The Regional Official Plan, subsection 5.4 (34), defers to local
municipalities to determine an appropriate floor space index for these sites,
in consideration of community context and character.
Markham has identified a Preferred Growth
Alternative to 2031
The Town of Markham has identified a Preferred Growth Alternative to 2031 that will form the basis for the development of a new Official Plan including urban structure and intensification policies.
The subject site is located on the “Steeles Avenue East Corridor” which is identified as a Major Corridor in the Town’s emerging intensification hierarchy. Major Corridors are intended to serve as locations for moderately high density development, where the adjoining pattern of development can accommodate change.
As a preferred alternative, Council has endorsed a 60% intensification target for new growth within the current settlement area by 2031. To accommodate this intensification, Council has endorsed a hierarchy of intensification areas (see Figure 10). It is currently estimated that almost 75% of the additional residential intensification units to 2031 can be achieved in the two Regional Centres of Markham Centre and the Langstaff Gateway and in the Key Development Areas along the Avenue 7 and Yonge Street Regional Transit corridors. The balance of the intensification units are proposed to be allocated within the Major Corridors, including the Steeles East Corridor, and the Local Centres and Corridors.
As part of the growth projections analysis, Staff undertook modeling to distribute the projected population and employment for the 60% intensification scenario to 2031. Having regard for the Council endorsed intensification hierarchy and principles, Staff assigned projected population and employment estimates to 2031, appropriate to the scale of the development site(s) and based on, among other things, compatibility of built form and land use with adjacent existing development, direct access to planned rapid transit infrastructure, and phasing and delivery of adequate infrastructure and services. This is consistent with the intent of senior government planning policies.
The model estimates provided for the Steeles East Corridor between Don Mills and the 404 were based on a gross density assumption of a 1.5 FSI across the site with a higher net density assumption resulting on each of the residential blocks. This translated to approximately 1000 units or 3% of the total Town-wide intensification units projected to 2031. It was also assumed that there would be no net loss in employment with the existing retail/service/office gross floor area being maintained, or expanded, and an increase in work-at-home jobs anticipated. It is important to emphasize that these are working model estimates developed by Town staff for the purpose of the Town-wide Growth Management Strategy and that any development permissions for individual areas or sites remain to be confirmed through Official Plan and Secondary Plan policies and development approvals.
As discussed above, the Town is developing a new Official Plan to accommodate the intensification and growth targets set out in the Regional Official Plan in response to the Provincial Growth Plan. Proposals for intensification of the subject lands must be carefully considered within the context of this emerging policy framework, for the following reasons:
· The Town will be directing the majority of growth and intensification to key nodes and corridors such as The Langstaff Gateway, Markham Centre and the Yonge Street and Avenue 7 Corridors. In order to achieve this strategy, the Town, the Region and the Province are and will be making major investments in servicing, transportation and community services infrastructure. The amount and timing of intensification at the subject site must not undermine the intensification strategies of the Region and the Town and the associated investments in major infrastructure.
· While the subject lands are located on “lands adjacent to other rapid transit and/or select areas” as defined by the Regional Official Plan, the anticipated delivery of these higher order transit facilities serving the site, as discussed in the next section, remains in the medium to long term future. While higher-order transit is being planned for Steeles Avenue East and Don Mills Road, funding has not yet been committed to the construction of these facilities. Given the broad range of transit facilities that are now being discussed in the context of the Metrolinx Transportation Plan, there is currently no guarantee as to the timing of when these facilities will be delivered.
· The Town’s framework for an intensification strategy is based on an aggressive 60% of forecast residential growth to 2031 being directed to intensification areas, consisting of a hierarchy of nodes, corridors and local centres. Achieving the full potential of the regional-scaled nodes and corridors, which are to be the focus of the highest order of transit facilities and the greatest investment in services, is dependant on adherence to the Town’s framework for intensification. Directing too much intensification to lower-priority intensification areas may detract from the realization of the Town’s overall intensification strategy and transit support. The phasing of development in each of the nodes and corridors should be linked to the delivery of necessary transportation/transit infrastructure.
Transportation
improvements anticipated over the medium to long term
The Regional Transportation Plan, adopted by Metrolinx in November 2008, includes a planned Light Rail Transit (LRT) line in the Don Mills Road / Leslie Street corridor south of Steeles Avenue East, which directly abuts the subject site to the west. This project is identified in the 15 year plan of the Metrolinx RTP and is scheduled to be built by the year 2023. An LRT station is proposed in the vicinity of the Don Mills/Steeles Avenue East intersection. In the meantime, Don Mills bus service in mixed traffic will continue to operate between the subject site and Don Mills Subway Station, with the potential for a service loop through the subject site.
North of Steeles Avenue East, a Class Environmental Assessment for the Don Mills / Leslie Street LRT project and road widening, was undertaken in 2007. According to a recent Viva update, the Environmental Project Report is temporarily on hold pending input from local municipalities and further study by York Region (Sustainable Travel Choice Study).
The Metrolinx RTP anticipates the provision of rapid transit along the Steeles Avenue corridor within a 16 to 25 year time frame, by 2033.
Funding commitments to deliver the proposed transit within the planned timeframes have not been established.
Traffic Impact Study submitted by applicant but additional technical
data required
The Traffic Impact Study (TIS) dated August 2009 and the addendum thereto, both submitted by MMM Group on behalf of the applicant, concludes that the projected traffic volumes associated with the redevelopment proposal can be satisfactorily accommodated by the boundary road network and intersections. Other than minor traffic signal timing improvements no roadway or intersection improvements are proposed by MMM Group.
Lea Consulting Ltd. is
undertaking a peer review of the TIS on behalf of the Town. The following is a summary of comments to
date on the applicant’s TIS by Lea Consulting, as well as an indication of
additional information required to complete the peer review:
Redevelopment of the site must be phased and linked to delivery of
rapid transit
The subject lands are currently serviced by surface buses on Steeles Avenue and Don Mills Road that operate in mixed traffic. In addition, there is significant congestion on both Steeles Avenue and Don Mills Road during peak periods. Staff are of the opinion that the redevelopment of this site must be phased and linked to the delivery of high order rapid transit.
Built form and urban design principles have been formulated for the
subject site
During the review of these applications, and through extensive discussions with the applicant and the Working Group, staff have formulated a set of built form and urban design principles to guide any future redevelopment of the site. The following principles were discussed in-depth at the June 18, 2008 and September 10, 2009 Working Group meetings, and have served as a framework for staff’s review and evaluation of the various redevelopment proposals:
· Gradation of heights and densities: Built form should provide an appropriate transition in scale and heights between the development and the surrounding low to mid-rise community character (north, south and west of the subject site). In addition, heights and densities should be appropriately deployed across the site, to take advantage of the existing and future availability of transit facilities at the Steeles Avenue/Don Mills intersection;
· Mix of residential and commercial uses: There should be a mix of residential and non-residential uses across the site, to provide additional opportunities for residential uses to be located closer to the existing and future transit facilities at the Steeles Avenue/Don Mills intersection;
· Pedestrian-supportive environment: To promote street-level animation and enhance the pedestrian environment, there should be an emphasis on grade-related retail and commercial uses along public and private streets traversing and bordering the development; weather and wind protection, such as canopies and awnings along street frontages; provision of a linked pedestrian walkway system between internal and external streets and adjacent residential areas;
· Enhance community amenities by providing parks and open spaces that are accessible both visually and physically to pedestrians and have frontage on at least one public street and/or by integrating community facilities and amenities into the development;
· Minimize surface parking areas by locating residential parking below-grade. On-street parking on internal roads for retail customers is encouraged.
· Transition and design of built form should minimize impacts on neighbouring streets, by avoiding shadowing and uncomfortable wind conditions among other matters;
· Provide for a mix of affordable housing types for moderate and low income households and for those with particular housing needs;
· Enhance sustainability by using sustainable materials, innovative energy and material conservation strategies.
The Town has undertaken a “Built Form, Height and Massing Study” for intensification sites
The purpose of the Markham Built Form, Height and Massing Study is to provide staff with a set of “consistent, predictable, generic built form guidelines for areas that are not currently subject to other specific planning controls and to form the foundation for future area studies.” The built form principles set out in this document were received by the Town’s Development Services Committee on June 15, 2010. The principles contained in this document are consistent with the site-specific principles set out above.
The Built Form, Height and Massing Study provides additional details and direction in several key areas, including:
· Transitions with existing low-rise residential areas: The Study provides two guidelines in this regard:
o Where new development is located adjacent to the back yards and shared property lines of existing single-family or other low-rise residential neighbourhoods, a matching block depth that will accommodate a similar low-rise built form, ranging from 2 – 3 storeys, should be provided, in order to allow for the creation of new low-rise house forms that back directly onto existing development, in a backyard to backyard relationship.
o Where new development is proposed opposite an existing low-rise residential neighbourhood, provide a sympathetic low-rise built form, ranging from 2-4 storeys, to allow for low-rise house forms, stacked townhouses, and 4 storey apartment forms to face the existing residential context across the street.
· Maximum high-rise building floorplate: Tall residential buildings above podium height should be designed with a maximum floorplate of 800 m2 to minimize shadow impacts
· Minimum Tower Spacing: Tall buildings should be spaced a minimum of 40 metres apart to prevent overcrowding of sky views and skylines.
The principles set out above are incorporated into the Planning and Urban Design Principles set out in Appendix A to this report.
Some
of these principles are addressed in the proposed Development Concept
The proposed development concept addresses a number of these principles. For instance, the internal street grid pattern has been improved to provide small development blocks and better permeability. Many of the buildings, except for the easternmost residential towers, have retail / commercial uses at grade to promote pedestrian activity at street level. Sidewalks and landscaping along driveways are wide enough to provide a comfortable pedestrian environment and opportunities for good tree planting and street furniture. The westerly access driveway from Steeles Avenue East had been retained and a further driveway access onto Don Mills Road had been provided to improve vehicular circulation. The vast majority of parking will be located underground, or in a parking structure at the north end of the site. The applicant has indicated a willingness to provide internal community amenity space, however, in terms of outdoor amenity space, the open space area shown on the revised concept does not front onto a public street and is not accessible to the local community, and would not be acceptable to the Town for conveyance as public parkland.
Other principles can
be addressed through Official Plan policy or Site Plan approval
The proposed development’s mixed use character and proximity
to a variety of community amenities and existing and proposed transit
infrastructure, makes it attractive for the delivery of a component of housing
for moderate and low income households.
Any future provision of such housing as part of the proposal will be
informed by the Town’s Affordable and Special Needs Housing Strategy that is
currently being prepared. This strategy
will inform actions necessary to implement affordable and special needs housing
initiatives. An appropriate provision of
affordable and special needs housing needs further discussion, but can be
addressed through Official Plan policies, as a principle of development.
Other principles, such as committing to the provision of sustainable development practices, including LEED and FLAP, transit-oriented development, traffic / parking demand management; and providing good connectivity with the existing communities to the south and west (pedestrian connections to the residential area to the north are provided) have not yet been addressed in detail but can be resolved at the Site Plan approval stage.
However,
the Proposed Development Concept fails to adequately address several key
principles
Transition with surrounding
residential areas
The relationship between the proposed development (in particular the proposed high-rise residential point towers) and the existing character of the surrounding neighbourhoods has been a concern for staff throughout the course of discussions with the applicant and working group meetings. Since the subject lands are surrounded by low-rise house forms to the north and west, and medium rise (6 storey) residential buildings to the south (in the City of Toronto), transitions between the proposed development and these existing neighbourhoods must be carefully considered.
On the east side of the site, the December 2009 development concept proposes an 8 storey and two 18 storey residential towers along the northern half of the site, near the low-rise townhouse development to the north. Staff are of the opinion that these proposed building heights do not provide an adequate transition with the existing townhouses to the north. In accordance with the transition guidelines set out in the “Built Form, Height and Massing Study” buildings opposite an existing low-rise residential neighbourhood should be limited to 2 – 4 storeys in height. Within the context of townhouses to the north, these buildings could be in the form of townhouses, stacked townhouses or low-rise apartments.
The applicant is proposing the use of a 450 angular plane, to address transitions with the existing neighbourhoods. While the use of an angular plane has merit, different approaches need to be considered. For example, The Yonge Steeles Corridor Study report and guidelines, dated September 2008, provides sound principles of graduation of height and density which can be applied to other redevelopment proposals and identified intensification areas. The transition guidelines set out in this document propose a 2:1 angular plane from the existing residential neighbourhood. This angular plane is further modulated by the use of fixed maximum building heights within a 125 metre “Transition Zone” from the edge of the existing low-rise neighbourhood. Within this Transition Zone, building heights are limited to a maximum of 12 metres (4 storeys) within 75 metres of the existing neighbourhood and 7 storeys within 75 to 125 metres of the existing neighbourhood.
As noted above, the “Built Form, Height and Massing Study” also proposes that fixed building heights be used within a “block depth” of the property boundary with existing low-rise residential uses. In staff’s opinion, intensified development on this site, which would support Provincial Growth Management Policies in a transit-supportive manner, could be achieved through lower-profile buildings that would be more in keeping with, and sympathetic to, the character of the surrounding residential communities.
Transition of heights and densities
across the site
The December 2009 development concept proposes building heights ranging between 2 and 8 storeys across the western 2/3 of the site. However, at a point adjacent to the existing signalized intersection on Steeles Avenue East, 5 high-rise residential point towers, ranging in height from 18 to 32 storeys, are proposed. The relationship between these components of the redevelopment proposal is illustrated in the three dimensional view shown in Figure 6. Staff have several concerns with the resulting built form:
· All of the high-rise buildings are deployed on the eastern 1/3 of the site, resulting in very uneven massing of buildings across the site, and a very abrupt transition in building heights between the low and medium rise character of the western 2/3 of the site, and the intensively developed high-rise character of the eastern 1/3 of the site. As a result, the visual impact of the high rise buildings, while characterized by the applicant as “point towers”, is intensified due to their concentration in one area of the site.
· While the average proposed density of the site is 2.5 FSI, this density is very unevenly distributed over the site due to the concentration of high-rise buildings on the eastern 1/3 of the site and the predominance of low and medium-rise buildings over the remainder of the site. The resulting densities are below 2.5 FSI over the western 2/3 of the site (estimated at approximately 1.2 FSI over the western 2/3 of the site), and well above 2.5 FSI over the eastern 1/3 of the site (estimated at approximately 5.3 FSI over the eastern 1/3 of the site).
In staff’s opinion, development densities and heights should be distributed across the site, based on its context and attributes, to capitalize on the existing and future availability of transit services focused at the Steeles Avenue and Don Mills intersection, and to reduce the visual impacts of the intensive massing of high-rise buildings on the eastern 1/3 of the site proposed in the applicant’s submission.
Deployment of residential uses
within the site and potential redistribution and integration of non-residential
uses
As with the proposed deployment of heights and densities discussed above, the applicant’s submission proposes to concentrate the majority of residential uses in the eastern 1/3 of the site, while focusing commercial and retail uses to the western 2/3 of the site. Although approximately 316 residential units are proposed in 3 mid-rise buildings along the Steeles and Don Mills frontages of the site, this represents only some 17% of the total number of residential units proposed.
Staff does not support this distribution of uses, for the following reasons:
· While the development incorporates both residential and non-residential uses, it does not meet the intent of true “mixed use” development, as set out in the development principles discussed above, which entails a much finer grained mix of residential and at-grade retail development within individual buildings. The intent is not that every building must contain residential and non-residential floor space, but simply that residential uses should be located across the site, not predominantly in one area;
· The proposed concentration of residential towers in the eastern 1/3 of the site, while existing and proposed transit services will be focused on the Steeles and Don Mill intersection, would increase residents’ walking distances to transit facilities. This runs counter to commonly accepted principles of transit-supportive development, which aim to locate the highest densities and greatest mix of uses as close as possible to transit stations.
Retail Main Street
It is important that the future
development presents a strong built edge facing
For this reason it is considered appropriate to strengthen the retail function of the main east west internal street by incorporating additional retail frontages along the south side of this street. This will create a more comfortable and safe pedestrian setting, encouraging people to walk between stores rather than drive, and will better support the viability of stores and businesses.
Application of Section 37 of the Planning Act
Depending on phasing
and the amount of intensification deemed appropriate, staff will discuss with
the applicant the provision of community benefits associated with increases in
height and/or density.
CONCLUSIONS:
Staff recommend that the applications for Official Plan and Zoning By-law Amendments as currently proposed, not be supported for the following reasons:
·
The proposed density of 2.5 FSI is out of
character with the area, and exceeds the anticipated development densities for
this site within the context of the Town’s framework for intensification. This framework, to 2031, will direct over 75%
of future intensification to the two Regional Centres (Markham Centre and
Langstaff Gateway) and the Yonge Steeles Corridor Key Development Area. The growth model for the framework for
intensification anticipates that the subject lands will accommodate
approximately 3% of the Town’s intensification target to 2031, which can be
accommodated with site densities in the range of 1.5 FSI, although it is
important to note that the density assumptions used by Town staff in the growth
model are order-of-magnitude assumptions only.
The determination of appropriate height and density of development at
this location needs to have regard for applicable Town policies and guidelines,
and the principles outlined in Appendix ‘A’.
The amount and timing of intensification at this location must not undermine
the realization of the Town’s overall intensification strategy, and in
particular must not compromise the realization of the full potential of the
Town’s regional nodes and corridors;
·
The proposed higher order transit infrastructure
along Steeles Avenue and Don Mills Rd. is a long-term prospect, which has not
yet received committed funding. This planned
transit infrastructure is a necessary requirement for successful
intensification and full build-out of the site.
Any redevelopment of the site must be carefully phased, so that
development densities are linked with the delivery of rapid transit facilities;
· The proposed development concept and building heights do not adequately address transitions with the existing low rise residential neighbourhoods to the north and west and medium-rise character to the south;
· By concentrating all high-rise development on the eastern 1/3 of the site, the proposed development concept does not provide an appropriate distribution of the land use program including residential and non-residential components and transition of building heights, massing and densities within the site;
· By segregating the majority of residential uses to the eastern 1/3 of the site, the proposed development concept does not provide an adequate mix of residential and non-residential uses across the site, and does not provide opportunities to minimize walking distances between residential uses and transit services.
NEXT STEPS
In late spring the Town engaged David Butler, Planning Consultant and & Co., Architects and Urban Designers, to assist in the review of these applications and preparation of alternative concepts. Over the course of the summer and fall, staff have been working closely with these consultants to develop and refine the Planning and Urban Design principles set out in this report. Staff are now requesting that Council endorse these planning and built form principles, as a basis for staff to enter into further negotiations with the applicant prior to the Ontario Municipal Board hearing scheduled for the end of February, with the aim of resolving the outstanding planning and urban design matters identified in this report.
Not applicable at this time
Not applicable at this time
Intensification on the subject lands, if appropriately designed, distributed and phased, would assist the Town in managing future growth, provided that the concerns raised in this report, relating to development density, building heights, transitions and the deployment of densities and uses within the site were satisfactorily resolved. The applications must also be considered in the context of the Town’s Transportation/Transit and Environmental Policy objectives.
The application has undergone a full circulation to obtain comments and conditions from all internal departments and external agencies.
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
Figure 1 – Location Map
Figure 2 – Area Context and Zoning
Figure 3 – Air Photo
Figure 4 – October 2007 Master Plan Concept
Figure 5 – December 2009 Master Plan Concept
Figure 6 – Three Dimensional View
Figure 7 – Site Statistics and Phasing
Figure 8 – Cross Section
Figure 9 – Site Statistics from October 2007 – December 2009
Figure 10 – Hierarchy of intensification areas
Appendix A – Planning and urban design principles for development of 2900 Steeles Ave. E
File path: Amanda\File 07
130802\Documents\Recommendation Report
OWNER: Bayview Summit Development Ltd.
1485 Whitehorse Road
North York ON
M3J 2Z2
Tel: 416 635 2910
Fax: 416 635 7869
AGENT: Gatzios Planning & Development Consultants Inc.
7270 Woodbine Avenue suite 302
Markham ON
L3R 4B9
Tel: 905 475 9191
Fax: 905 475 8346
APPENDIX A:
PLANNING AND URBAN DESIGN PRINCIPLES FOR REDEVELOPMENT OF 2900 STEELES
AVE. E
1) Development densities should be compatible with Markham’s Framework for an Intensification Strategy.
2) Development densities should be proportionately phased to the capacities of the current transportation infrastructure and the delivery of planned transit and transportation infrastructure.
3) Built form should provide an appropriate transition in scale and heights between the proposed development and the surrounding low-rise community character to the north and west and medium-rise development to the south. Tools such as appropriate distance separations between buildings, use of angular planes appropriate to the context, and specific height limitations must be incorporated into planning documents.
4) Built form and densities should be distributed across the site.
5) Residential and non-residential floor area should be evenly distributed across the site, with the potential for redistribution and integration of non-residential floor area in mixed use buildings.
6) The development should provide for an enhanced public realm. The pedestrian environment and street-level animation should be enhanced by means of the following:
a. grade-related retail and commercial uses should be emphasized along public and private streets traversing and bordering the development;
b. weather and wind protection, such as canopies and awnings should be provided along street frontages; and
c. a linked pedestrian walkway system between internal and external streets and adjacent residential areas;
7) Community amenities, in the form of public parks with frontage on at least one public street and/or internal community amenity space integrated into the development, should be provided;
8) Surface parking areas should generally be minimized, although on-street parking for retail customers will be encouraged;
9) Transition and design of built form should minimize impacts on neighbouring streets and properties including shadowing and uncomfortable wind conditions;
10) Environmental sustainability should be enhanced by the use of sustainable materials, innovative energy and material conservation strategies, achievement of minimum LEED Silver certification, and implementation of bird-friendly design principles.
11) Any residential development should consider opportunities for an appropriate mix of affordable and special needs housing.