RECOMMENDATION:
That
the report dated January 20, 2004, entitled “Ruland Properties Inc. (The Remington Group)
Public Amenity Feature for Downtown Markham”, be received;
That
staff report back with a Terms of
Reference for a process to create an open space amenity feature within Block
OS4 of the approved draft plan, including a design charrette to obtain public
input;
That staff report back with the draft terms of a Memorandum of Understanding with the
applicant, to address the process and financial matters as outlined in this
report;
And
that staff also report on any revisions to the draft approved plan and
conditions of Draft Plan Approval resulting from the introduction of a new open
space amenity feature.
PURPOSE:
This
report is a follow up to the discussion at Development Services Committee on
December 9, 2003 in regard to the originally proposed lake feature on the
Remington Downtown Plan. Ruland Properties Inc. (Remington Group) advised
Committee on December 9 of their decision to make a design change to delete
their originally proposed lake feature for technical reasons, and to work with
the Town to create an alternate open space amenity feature. The purpose of this report, as requested by
Committee, is to provide additional information regarding agency concerns with
respect to the functioning of the proposed lake feature, and to discuss options
related to the introduction of a new amenity feature within the Remington
Group’s Downtown Markham Plan to replace the lake feature.
BACKGROUND:
In July, 2003, Council granted draft plan
approval to the Remington Group for their Downtown Markham Plan. This plan provided for the comprehensive
development of approximately 98.3 ha. (243 acres) of land,
representing the future downtown core of Markham Centre.
The Downtown Markham project, at full build-out
would provide for approximately 3,900 residential units, 362,750 square metres
of office and business park uses, as well as 33,755 square metres of retail
floor area. This project also serves to
deliver much of the infrastructure required to support Markham Centre,
including the easterly extension of Enterprise Boulevard through to the GO
line, the extension of Birchmount Road south from Enterprise Boulevard and the
delivery of lands within the Rouge River valley to the Town.
A
key component of the Remington proposal was the approximately 2.4 ha. (6 acre)
water feature referred to as “Park Lake”.
Bounded by the Rouge River Valley to the north, the proposed Civic
Square to the south, the downtown shopping district to the west, and a
relocated Tributary 4 and residential district to the east, Park Lake was
strategically located to serve as a central focus for the plan and Markham
Centre. At the time of preparation of
the July 7, 2003, staff report on the Remington Plan a number of technical
issues remained to be resolved concerning flows between Tributary 4 and the
lake, and whether the lake would ultimately be approved by the environmental
approval agencies.
In
recognition of some of these technical challenges, the draft plan conditions
contained policies to deal with issues related to the lake, the need for
environmental agency approval, and the long term ownership and maintenance of
the lake if approved for construction.
The conditions also spoke to the owner undertaking
studies to develop, and construct an alternative form of central, publicly
accessible open space amenity within Markham Centre, if, prior to final approval of the draft plan it was determined that
the lake was not sustainable.
Subsequent
to the granting of draft plan approval and further discussions with the
regulating agencies and the Town, the applicant has concluded that the lake is
not a viable amenity within Downtown Markham.
The applicant made a presentation to Development Services Committee on
December 9, 2003, at which time they outlined their position (see letter from
applicant, Attachment No. 1), the nature of concerns raised by the Department
of Fisheries and Oceans, and Ministry of Natural Resources, and other constraints
within the utility corridor on the south side of Highway 407, where the
reconfigured Concanmar Pond would have to be located. Council referred this matter back to staff to
work with the applicant to identify an alternate amenity feature for Downtown Markham,
commensurate to the value of the lake feature.
The Committee also requested written confirmation from the regulatory
agencies regarding their position with respect to the status of the lake.
This matter was also reviewed at
the December 11th meeting of the Markham Centre Advisory Committee,
with the applicant and the TRCA representative on the Advisory in
attendance. In considering this matter,
it was suggested that an extra meeting of the Advisory be held to discuss
options for an appropriate amenity feature and the steps required to move
forward. This meeting was held on
January 8, 2004, at which time the Advisory Committee supported the concept of
a design charrette process, with public participation, to create plans for an
alternate open space amenity feature.
The Advisory Committee expressed a strong interest in being involved in
the planning and delivery of the design charrette process.
DISCUSSION:
Staff has followed up to obtain
further TRCA comments
The Toronto and Region Conservation Authority (TRCA)
serves as the Town’s liaison with regulatory agencies representing senior
levels of Government on certain environmental matters (i.e. Ministry of Natural
Resources and Department of Fisheries and Oceans). TRCA provides input to the Town regarding
requirements of those agencies and facilitates the review, approvals and
permitting processes as the lead environmental agency on development
matters. Toronto and Region
Conservation Authority staff advise (see letter from TRCA, Attachment No. 2) that although the applicant has
undertaken extensive studies to support their Downtown Plan, questions of the
viability of the lake feature remain unanswered. TRCA concerns are further
compounded by recent constraints being placed on the use of the Hydro corridor
on the south side of Highway 407, which
impacts the relocation and expansion of Concanmar Pond and, in turn, the
functioning of the lake.
Other concerns identified by TRCA include impacts to
water quality and quantity within the adjacent Rouge River, water temperature,
impacts to fisheries, and the lack of a design solution which would ensure the
continued functioning of the tributary through to the Rouge River. Given that the applicant has not been able to
satisfy these concerns, nor fully addressed the requirements of the other
affected agencies (i.e. Hydro One and the Federal Department of Fisheries and
Oceans), TRCA staff advise that they accept the applicant’s conclusion that the
proposed lake is not viable. Under the
“one window approach” of environmental agency commenting, Town staff have relied on the TRCA to integrate their own
comments with those of the Ministry of Natural Resources and the Department of
Fisheries and Oceans.
Process to be Established
to Determine Alternate Amenity Feature
Staff
met with the applicant to discuss a process for developing an alternate amenity
feature within the Downtown Markham plan.
A key component to any programme to create an alternate feature is the
need to ensure public involvement through not only the Advisory Committee but
also the broader Markham population.
Other issues which need to be addressed include budget, design elements,
programmable components, consultant and capital construction resources required
and developer commitment to finance these items, and timing.
It
is recommended that a design charrette integrated with a limited design
competition, is the most appropriate approach to address the Town’s interests
in achieving a central open space feature with professional design input and
public consultation, in a timely fashion.
The primary advantage of the design charrette/limited competition is
that it is a very inclusive process with greater opportunities for public
input. The charrette can provide an
effective process to gain public input into alternative design ideas and a
consensus on the types of activities and programmes to be incorporated into the
new feature.
Alternative
concepts resulting from the charrette will then be evaluated by a selection
committee with recommendations brought back to Development Services Committee
for approval. A charrette can be
organized relatively quickly to address timing concerns and the need to confirm
the design for this central open space feature of Markham Centre.
In
this regard, staff anticipate that a design
competition/charrette could be held in March, provided that technical and
financial issues can be resolved, and that a final recommended design could be
available for approval by Council as early as April or May.
Memorandum
of Understanding Required
The
applicant will work with Town and TRCA staff to define the
future amenity boundaries, establish an appropriate alignment and buffer
zone for the tributary adjacent to the amenity, and resolve any technical
issues relating to potential municipal infrastructure requirements beneath the
amenity feature. In this regard, staff recommend that a Memorandum of Understanding be
entered into with the applicant which outlines their responsibilities to
provide the additional technical material required to move forward with an
alternate amenity feature. The
Memorandum would also outline the anticipated financial obligations associated
with running a design charrette, and ultimately funding the final design and
construction of the new amenity feature. Staff will report back to Committee on
the draft terms of the MOU.
Terms
of Reference for Design Process to be Developed
Once
there is a clear understanding of the parameters for developing an amenity
feature, staff will prepare detailed terms of reference for a process to
identify a design for the amenity feature.
The terms of reference will include the budget, constraints, fixed
parameters, key design themes/features, such as fountain/skating rink, public
art, cultural components, and requirements for programmable
elements/spaces. The organization,
composition and structure of the design charrette, communications programme to
support the process, and the retention of design consultants to develop
alternatives and support the process, will also be included in the terms of
reference. A report outlining the Terms
of Reference and recommended approach will be brought back to Committee at the
first available opportunity.
Staff also anticipate
reporting to Development Service Committee at a later date on any other issues
which may arise or necessitate revisions to the previously approved draft plan
and/or Conditions of Draft Plan Approval.
CONCLUSIONS:
Determining
an appropriate alternate central amenity feature for Markham Centre represents
a unique challenge and opportunity to engage the community and create a space
tailored to the Town’s vision of a truly vibrant, human scale, mixed–use town
centre. In order to position the Town to
take full advantage of this opportunity, and recognizing the time urgency to
confirm a program for this feature, a number of items need to be resolved,
including the execution of the Memorandum of Understanding, the approval of the
Terms of Reference for the Design Charrette process, and the resolution of a
number of technical and financial issues.
Staff will report back on the draft terms of a Memorandum of
Understanding with the applicant, the Terms of Reference for the design
process, and on any appropriate revisions to the draft plan and/or Conditions
of Draft Plan Approval resulting from changes to the lake and the introduction
of a new amenity feature.
FINANCIAL CONSIDERATIONS:
Financial
obligations on the part of the applicant will be discussed in the Terms of
Reference and associated responsibilities identified in the Memorandum of
Understanding.
ENVIRONMENTAL CONSIDERATIONS:
Issues
relating to the interface with the Rouge River Valley and other technical
requirements will be resolved through discussions with the TRCA.
BUSINESS UNITS CONSULTED AND AFFECTED:
The
Town Solicitor will be consulted in the preparation of the Memorandum of
Understanding. We anticipate that
Community Services Staff will actively participate with Development Services
Staff in the design process for this important open space feature.
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Valerie
Shuttleworth, M.C.I.P., R.P.P.
Director
of Planning & Urban Design
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Jim
Baird, M.C.I.P., R.P.P.
Commissioner
of Development Services
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ATTACHMENTS:
1. Letter dated December 3, 2003, from
Ruland Properties Inc.
2. Letter dated January 14, 2004, from the
TRCA.
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