Report to: Development Services Committee Report Date: April 8, 2008

SUBJECT: PRELIMINARY REPORT

Markham Centre Development Corporation

Enterprise Boulevard, west of Kennedy Road

Applications for Official Plan Amendment and rezoning to permit a mixed-use development including residential buildings up to 39 storeys, retail uses and an office building

Markham Centre

Files: OP 08 106659 and ZA 08 106664

PREPARED BY: Scott Heaslip, Senior Project Coordinator

Central District, ext. 3140

RECOMMENDATION:

That the report dated April 8, 2008 titled “Preliminary Report, Markham Centre Development Corporation, Enterprise Boulevard, west of Kennedy Road, Applications for Official Plan Amendment and rezoning to permit a mixed-use development including residential buildings up to 39 storeys, retail uses and an office building,” be received;

And that staff continue discussions with the applicant to address the issues outlined in the staff report;

And that upon resolution of the issues outlined in the report, staff be directed to report back to Development Services Committee regarding scheduling a Public Meeting to consider the applications;

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

EXECUTIVE SUMMARY:

Not applicable.

FINANCIAL CONSIDERATIONS:

Not applicable.

1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

6. Accessibility 7. Engage ^21st 8. Affected Units 9. Attachment(s)

PURPOSE:

The purpose of this report is to provide preliminary information regarding applications for Official Plan Amendment and rezoning to permit a mixed-use development on Enterprise Boulevard, west of Kennedy Road, and to request Committee to authorize staff to work with the applicant to address the issues outlined is this report.

BACKGROUND:

Subject Lands and Area Context (Figures 2 and 3)

The subject lands have a total area of 4.75 ha (11.73 acres), including a 2.65 ha (6.5 acre) parcel on the south side of Enterprise Boulevard between the GO Rail line and Rivis Road (the south block), and a 2.1 ha ( 5.2 acre) parcel on the north side of Enterprise Boulevard directly opposite (the north block). Both blocks are vacant. The south block does not contain any significant vegetation. A portion of the north block contains a woodlot which is identified as an “Environmentally Significant Area” in the Markham Centre Secondary Plan. The southerly portion of the south block is encumbered by an easement for the York Durham Sanitary Sewer. A minor tributary (manmade ditch) crosses a small portion of the south block, south of the YDSS easement.

Proposal

The concept plans submitted by the applicant (Figures 4 and 5) show the following:

South Block:

• Three residential buildings (10, 18 and 39 storeys in height) surrounding a 2-storey retail podium.
• 616 residential units.
• 11,200 m² (120,559 ft²) of retail uses.
• 1248 parking spaces; all except 6 surface spaces are in a 4-level underground parking garage.
• A total gross floor area of 86,804 m² (934,381 ft²), representing a Floor Space Index of 3.28.
• A future 10-storey, 17,200 m² (185,145 ft²) office building, which will incorporate a York Region Transit Station linking the VIVA/YRT transit service on Enterprise Boulevard to the Unionville Go Train Station.

North Block:

• Three connected residential buildings (10, 18 and 25 storeys in height).
• 611 residential units.
• Existing woodlot to be preserved.
• 678 parking spaces in a 2 level of underground parking garage.
• A total gross floor area of 54,240 m² (583,854 ft²) representing a Floor Space Index of 2.6.

Overall project:

• 1227 residential units.
• 11,200 m² (120,559 ft²) of retail and other commercial uses.
• 17,200 m² (185,145 ft²) of office uses.
• 1926 parking spaces, all except 6 spaces below grade.
• Total gross floor area of 141,044 m² (1,518,235 ft²), representing a Floor Space Index of 3.0.

The applicant presented the concept plan to Development Services Committee on February 12, 2008.

Official Plan and Zoning

The subject lands are designated “Commercial” in the Official Plan.

The lands are further designated “Community Amenity Area – General”, “Community Amenity Area – Major Urban Place”, “Open Space” and “Open Space – Environmentally Significant” in the Markham Centre Secondary Plan (OPA 21) (see Figure 6).

The “Open Space – Environmentally Significant” designation corresponds to the woodlot on the north block. The other designations reflect the proposed street and land use regime at the time the secondary plan was prepared.

The overall policy direction for the lands in these designations is as follows:

“Community Amenity Area - General”

• lands to be developed with a diverse range of retail, service, community, institutional and recreational uses serving nearby residential or business areas.
• lands may be predominantly used for medium and high density residential uses, subject to a review of a specific development proposal.
• buildings or development blocks with a mix of uses encouraged.
• permitted density of medium and high density residential uses to be established through precinct plans.
• building heights to be established in precinct plans. The intended maximum building height in the “Community Amenity Area - General” designation is “mid rise buildings, generally not to exceed 6 storeys.”

“Community Amenity Area - Major Urban Place”

• lands to be developed with high concentration and intensity of residential, commercial, employment and supporting uses.
• permitted density of medium and high density residential uses to be established through precinct plans.
• building heights to be established in precinct plans. The intended maximum building height in the “Community Amenity Area - Major Urban Place” designation is generally 8 storeys, with permission for up to the equivalent of 13 office storeys (approximately 16 residential storeys) where buildings are designed to achieve landmark design objectives and provide focal points for the community, and where proper graduation of height is provided.
• retail and service commercial uses are encouraged on the ground floor of buildings facing major streets.

“Open Space”

• this designation is intended for a neighbourhood park.
• the secondary plan includes policies permitting the location of neighbourhood parks to be further refined in precinct plans.

“Open Space – Environmentally Significant”

• this designation applies to the woodlot on the north block.
• the woodlot is to be credited as parkland and incorporated into a neighbourhood park.
• an environmental impact study is required to determine the boundaries of the woodlot, assess the impact of the development of the adjoining lands, and recommend mitigation measures.

The lands are currently zoned “Single Family Rural Residential” (RR4) by By-law No. 122-72.

Requested Approvals

The Owner has applied for Official Plan Amendment and rezoning.

The submitted Official Plan Amendment application requests the following by a site specific notwithstanding clause:

· a maximum building height of 39 storeys on the south block, and 25 storeys on the north block.

· a maximum of 1250 residential units.

· a maximum overall FSI of 3.0.

The requested zoning by-law amendment proposes to rezone the subject lands to permit development in accordance with the applicant’s concept plan. In the event of approval, the lands would be incorporated into the Markham Centre Zoning By-law.

OPTIONS/ DISCUSSION:

Potential Benefits of Approval of Proposal

The proposed development would provide the following benefits:

• The property is adjacent to the Unionville GO Train station and the Highway 7/ Enterprise VIVA route, and is an appropriate location for a concentration of residential uses.
• Subject to refinements to the built form, height and retail programs as outlined in this report, a mixed-use development is appropriate at this location.
• The proposal would facilitate a York Region Transit Station linking the VIVA/YRT transit service on Enterprise Boulevard to the Unionville Go Train Station.
• Sustainable building practices are proposed, including “at least” LEED Silver certification and potential connection to Distict Energy.

Identified Concerns/Issues with Proposal

A number of concerns/issues have been identified. These matters, and any others identified through the circulation and detailed review of the proposal, will be addressed in the final staff report to be presented to Committee at a later date. The issues identified to date are noted below.

Servicing allocation: The residential portion of this application has not yet received servicing allocation. Following the allocation distributions to 2011 approved by Council in February, 2008, there are still many residential development applications in Markham awaiting additional servicing capacity from the Region. The Region and the Town will continue to review options and timing of servicing allocation that can relate to 2012 building construction and beyond.

East Precinct Plan not yet approved: Precincts are smaller geographic areas within the Markham Centre Planning District which are an appropriate scale for detailed planning studies. The secondary plan requires the landowners within each precinct to jointly prepare a plan for the precinct addressing matters including street, block and lot pattern, type, height and location of buildings, views and focal points, and street and landscape components. Precinct Plans are reviewed by staff and vetted by the Markham Centre Advisory Group before being endorsed by Council. The subject property is within the “East Precinct.”

On January 24, 2006, Development Services Committee received a staff report outlining a draft Precinct Plan (Figure 7) for the East Precinct. The report recommended that a public information meeting be held to discuss the proposed Precinct Plan. The community meeting has not been held owing to the subsequent emergence of the proposed Canadian Sports Institute, which would significantly impact the Precinct Plan. The Canadian Sports Institute proposal has been endorsed by Markham Council and is under discussion with stakeholders and senior levels of government. Consequently the draft East Precinct Plan has not been brought forward to Council.

The draft Precinct Plan provides as follows for the subject property:

• the majority of the lands are shown as “residential – up to 6 storeys.”
• the Enterprise Boulevard and Rivis Road frontages are shown as “residential – 6-8 storeys.”
• the south-west corner of the Enterprise-Rivis intersection and a block on the north side of Enterprise directly opposite are identified as potential landmark locations and shown as “Residential – 9-13 storeys.”
• the neighbourhood park is shown on the east side of Rivis Road, rather than on the subject property as indicated in the schedules to the secondary plan.

Height: The applicant is proposing residential buildings up to 39 storeys, whereas the secondary plan and the draft Precinct Plan anticipate building heights generally in the range of 6 to 13 storeys at this location.

On September 18, 2007, Development Services Committee passed a resolution affirming the original vision for Markham Centre as a human-scale, pedestrian-oriented, transit-supportive, major activity centre for the Town, in particular the height policies contained within the Markham Centre Secondary Plan (OPA 21), which call for a mid-rise community with taller building elements concentrated around strategic “landmark” locations. As noted above the draft Precinct Plan identifies the portions of the subject property at south-west and north-west corners of the Enterprise/Rivis intersection as landmark locations.

Staff is currently reviewing the height and density policies of the Markham Centre Secondary Plan, including specific design criteria relating to taller buildings at “landmark” locations. The subject applications will be considered in the context of this review.

Built form: The proposed development needs to address the urban relationship to Enterprise Boulevard and the other adjoining streets. Notwithstanding the grade changes Enterprise Boulevard is the main street of Markham Centre, yet the plan for the south block treats the Enterprise Boulevard frontage as the rear, with truck entrances and parking ramps. The buildings on the north block are set back from Enterprise Boulevard behind extensive vehicle drop off facilities and the entrance to the underground garage. The overall street relationship needs to be reconsidered so that the buildings address the streets to the extent possible and the service areas are not visible.

Density: The Region’s Centres and Corridors policies include a minimum density target of 2.5 for lands adjoining the major transit corridors and in Regional Centres, including Markham Centre. The proposed development has an overall Floor Space Index of 3.0. Staff are not fundamentally opposed to the proposed density, provided it can be delivered within a built form program consistent with the Town’s vision for Markham Centre as outlined above, and provided that the Town’s Transportation Section can confirm that the development would not have an unacceptable impact on the local road network. The applicant needs to examine with staff how the proposed uses and densities can be achieved in a built form more consistent with the Markham Centre Secondary Plan vision and height framework.

Retail component: Appendix 1 (Central Area Statistics) to the Secondary Plan establishes a retail target of 6000 m² (64,585 ft²) for the entire East District. The proposed development includes a retail component having a gross leasible area of

11,200 m² (120,559 ft²). This is comparable in scale to the existing plaza at the north-east corner of 16^th Avenue and Woodbine Avenue. The proposed retail component is of a significantly greater scale than anticipated by the secondary plan for the entire East Precinct and is proposed to be internally focused around an interior mall. As such the retail component would likely function as an auto oriented destination which would not contribute to the vision of Markham Centre as a human-scale, pedestrian-oriented community. More detailed information and supporting rationale for consideration of a major retail focus at this location is required. The retail component also needs to be reoriented to focus outward to the adjoining streets, rather than inward to an interior mall.

Woodlot: An environmental impact study is required to confirm the boundaries of the existing woodlot, assess the impact of the proposed development and recommend appropriate mitigation measures. As a condition of approval of development of the subject lands this woodlot will be required to be conveyed to the Town to be incorporated into the adjoining neighbourhood park.

Technical reports: Town departments and public agencies are currently reviewing servicing and transportation studies submitted by the applicant. The applicant will also be required to submit wind/shadow studies, an archeological assessment and a noise study for review.

The applicant will also need to complete the Markham Centre Performance Measures Checklist for review by the Markham Centre Advisory Committee. Staff will coordinate a presentation of the proposed development to the Advisory Committee once the applicant has completed the checklist.

Sustainable Development Standards: The project architect verbally advised Development Services Committee in February that they intend to achieve “at least” LEED Silver certification and are considering connecting the project to District Energy.

Conclusions

The applicant needs to reconsider the built form, height and retail programs to be more consistent with the Town’s vision for Markham Centre, as expressed in the secondary plan and recently reconfirmed by Council. Staff will work with applicant in the context of the review of the Markham Centre Secondary Plan’s height and density policies to address the issues outlined in this report. Staff will report back to Committee regarding the scheduling of a Public Meeting once the issues outlined in this report have been sufficiently addressed.

FINANCIAL TEMPLATE:

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

The applicant will be required to submit reports to address tree conservation and other environmental impacts of the proposed development.

A minor tributary (manmade ditch) crosses a small portion of the subject lands south of the YDSS easement. As part of the Canadian Sports Institute proposal, the Town retained a consultant to review the relocation of this watercourse to an alignment adjoining Highway 407 and Kennedy Road. The TRCA is in general agreement with the relocation of this watercourse.

ACCESSIBILITY CONSIDERATIONS:

None at this time.

ENGAGE 21^ST CONSIDERATIONS:

The proposed development promotes a number of key goals set out in “Engage 21^st Century Markham” including Managed Growth, Quality Community and Infrastructure Management.

BUSINESS UNITS CONSULTED AND AFFECTED:

The proposal has been circulated to other Town departments and public agencies for review and comment.

RECOMMENDED BY:

________________________ ________________________

Valerie Shuttleworth, M.C.I.P, R.P.P Jim Baird, M.C.I.P, R.P.P

Director, Planning & Urban Design Commissioner, Development Services

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Area Context/Zoning

Figure 3 – Air Photo

Figure 4 – Concept Site Plan

Figure 5 – Sections through South Block

Figure 6 - Secondary Plan

Figure 7 - Draft East Precinct Plan

APPLICANT/AGENT:

Peter Smith

Bousfields Inc.

3 Church Street, Unit 200

Toronto, Ontario

M5E 1M2

Tel: (416) 947-9744

Fax: (416) 947-0781

Email: psmith@bousfields.ca

1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

6. Accessibility 7. Engage ^21st 8. Affected Units 9. Attachment(s)

File path: Amanda\File 08 106664\Documents\Recommendation Report