Report to: Development Services Committee Report Date: April 21, 2009

SUBJECT: RECOMMENDATION REPORT

Main Street Residence (Unionville) Inc. (“The Rockport Group”)

Zoning By-law Amendment and site plan applications to permit the development of a retirement residence at 34 Main Street South, Unionville.

Markham Centre

ZA 06 120486 & SC 08 128054

PREPARED BY: Central District Development Services Team

Ext. 6588

RECOMMENDATIONS:

1) That the report dated April 21, 2009 titled “RECOMMENDATION REPORT, Main Street Residence (Unionville) Inc. (“The Rockport Group”). Zoning By-law Amendment and site plan applications to permit the development of a retirement residence at 34 Main Street South, Unionville. Markham Centre (ZA 06 120486 & SC 08 128054),” be received;

2) That the record of the Public Meeting held on November 4, 2008 regarding the proposed Zoning By-law Amendment be received;

3) That the Zoning By-law amendment application (ZA 06 120486) submitted for 34 Main Street South Unionville be approved, and that the draft implementing Zoning By-law (ZA 06 120486) to amend Zoning By-law 122-72, as amended, be finalized and enacted by Council at a later date, upon resolution of all of the site plan issues identified in this report, to the satisfaction of the Town;

4) That the proposed retirement residence use and site plan for Phases 1 and 2 be endorsed in principle, subject to the conditions attached as Appendix ‘A’;

5) 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 Site Plan;

6) That the proposed retirement residence shall be considered as an institutional use for servicing allocation purposes and cash-in-lieu of parkland dedication;

7) That the Chief Administrative Officer and the Town Solicitor be authorized to negotiate an agreement, and the Mayor and Clerk be authorized to enter into said agreement with the York Region District School Board, regarding future operations and maintenance of the storm drainage system in the Bill Crothers Secondary School Site, for drainage of Street ‘A’;

8) That the Mayor and Town Clerk be authorized to enter into an agreement with the York Region District School Board, the Owner, and any other benefiting landowners for the construction of storm sewers including stormwater management facilities in the Bill Crothers Secondary School site, to the satisfaction of the Chief Administrative Officer and the Town Solicitor;

9) That Council authorizes the Mayor and Town Clerk to enter into a construction agreement for Street ‘A’, if required;

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

EXECUTIVE SUMMARY:

Zoning By-law amendment and Site Plan applications have been submitted by The Rockport Group on behalf of Main Street Residence (Unionville) Inc. to permit the development of a retirement residence at 34 Main Street South, Unionville (the “subject property”), which is located south of Highway 7, west of Kennedy Road, immediately adjacent to the Bill Crothers Secondary School in Markham Centre.

The proponent is proposing a phased development comprised of two (2) nine-storey buildings (Buildings A and B) and contemplates a third, 9-storey future building (Building C) on the westerly portion of the site adjacent to the high school. A total of 393 units are proposed for the overall development. There was a previous proposal at this site by the Co-operators Development Corp. in 2006 for three (3) eight-storey residential condominium buildings with approximately 319 units.

A Zoning By-law amendment is required to permit the proposed development as the subject property is zoned Rural Residential One (RR1) which permits only a single family detached dwelling. Site-specific development standards and Hold provisions will also be implemented as part of this application, and incorporated into the Markham Centre By-law 2004-196. It is recommended that the draft implementing Zoning By-law be finalized and enacted by Council at a later date, upon resolution of the site plan issues.

A community information meeting was held on October 6, 2008 to allow the owner to present the proposed development to the community. The statutory Public Meeting was held on November 4, 2008 and the applicant made presentations to the Markham Centre Advisory Group on September 25, 2008 and December 18, 2008.

The proponent has been working to address technical and design issues such as:

• Access onto Main Street South, Unionville;
• The timing and delivery of Street ‘A’;
• Potential for shared access with the property to the south;
• TRCA approval and valleyland buffer issues;
• Relationship to the lands to the south and interface with the school site;
• Tree inventory and preservation;
• Sustainable development practices;
• Built form and height;
• Connection to District Energy; and
• Participation in the Markham Centre Landowners Group.

1. Purpose 2. Background 3. Discussion 4. Financial 5. Others (Strategic, Affected Units) 6. Attachment(s)

PURPOSE:

The purpose of this report is to discuss and recommend approval of the Zoning By-law amendment application and to recommend endorsement in principle, of the Site Plan application to permit a retirement residence at 34 Main Street South, Unionville (“Main Street”) in Markham Centre.

BACKGROUND:

Property and Area Context

34 Main Street is located within Markham Centre’s East Precinct, on the west side of Main Street Unionville, south of Highway 7, north of Unionville Gate, and west of Kenendy Road (Figure 1). The subject property encompasses 1.4 hectares (3.5 acres) and contains a significant amount of trees and natural vegetation.

Surrounding land uses include the Bill Crothers Secondary School to the north and west (44 Main Street). The GO rail line is located immediately west of the school. South of the site are lands owned by Sylmatt Investments (Kopansky family). The future extension of Enterprise Boulevard to Main Street South, Unionville (“Main Street”) is located just south of the Sylmatt Investments lands. To the east across Main Street, is an existing residential dwelling (Figure 3).

Previous Proposal by the Co-Operators Development Corporation

The subject property was formerly owned by the Co-Operators Development Corporation. In 2006, a Zoning By-law amendment application was submitted by the Co-Operators to permit three (3) eight-storey residential condominium buildings with a total of approximately 319 units. Servicing allocation was not available for the proposed development, and a recommendation report was not finalized.

Current proposal by Main Street Residence (Unionville) Inc.

A revised Zoning By-law amendment application was submitted in August 2008, by the Rockport Group on behalf of Main Street Residence (Unionville) Inc. and a site plan application was submitted in October 2008. The proponent is proposing to phase development of retirement residences with a total of approximately 393 units. The units will be a mixture of studios, one-bedroom, one-bedroom with den, and two-bedroom units. The overall development will be comprised of three (3) nine-storey buildings, a proposed public road (Street ‘A’), and a private outdoor amenity space fronting onto Main Street (Figure 4). A three-storey podium between Building A and Building B will accommodate the primary entrance and common facilities for both Phases 1 and 2.

Phase 1 (Building A) will front onto Main Street with three (3) storeys abutting Main Street and stepping up to nine (9) storeys (30.5 metres). Building A will have a gross floor area of approximately 13,000 m2 (139,935 ft2) and consist of 144 units (Figure 4).

Phase 2 (Building B) contemplates 139 units in a nine-storey building which will be located to the rear (west) of Building A and east of Street ‘A’ and have a gross floor area of approximately 9,435 m2 (101,561 ft2). Phase 3 (Building C) contemplates a future building to the west of Street ‘A’ and adjacent to the secondary school (Figure 5). Detailed plans for Phase 3 will be provided at a later date, and that phase will be subject to a future site plan application and report.

Markham Centre Secondary Plan

The property is designated Commercial-Community Amenity Area (General) in the Markham Centre Secondary Plan (OPA 21). The Community Amenity Area designation provides for a mix of residential, commercial, employment and community uses in a pedestrian friendly manner. The Community Amenity Area-General designation provides for medium and high density residential use, subject to review of a specific development proposal and rezoning.

Zoning

34 Main Street is zoned Rural Residential One (RR1) which permits only a single family residential dwelling (Figure 2). A zoning amendment is required to permit the proposed retirement residence development and to implement site-specific development standards to ensure the proposal meets the criteria for a retirement residence use with common dining facilities.

Hold (H) provisions will be applied to Phases 2 and 3, and the By-law amendment will incorporate the subject property into the Markham Centre By-law 2004-196, as amended. The valleylands and/or buffer zone required by the TRCA will be zoned Open Space.

The Hold (H) provision on the Phase 2 lands can only be removed when the following conditions have been satisfied:

1. The Owner shall coordinate and make satisfactory arrangements, including entering into any necessary agreements with the Town and the York Region District School Board, for the construction of the Street ‘A’ right-of-way located within the subject property, including all municipal infrastructure, and to designate all lands as public highway, all at no cost to the Town; and

2. Execution of an agreement with the Town, including financial securities, for the construction of Street ‘A” within the subject property.

A Hold (H) provision will be applied to Phase 3 and can only be removed when the following conditions have been met:

1. Execution of a site plan agreement for Phase 3;

2. Arrangements for site servicing including any external services to the satisfaction of the Town and at no cost to the Town; and

3. Construction of Street ‘A’ to the satisfaction of the Town.

East Precinct Plan

The purpose of the East Precinct Plan is to provide a planning context in which to evaluate future development applications. A draft East Precinct Plan was presented to Council in January 2006, however, formal endorsement was deferred pending resolution of land ownership issues and on-going discussions regarding the use of Town-owned lands. Staff prepared a report to Development Services Committee in September 2008 recommending a further review of the East Precinct. The review was recommended particularly as it relates to the recent designation of the Unionville GO station as a future mobility hub and the need to integrate the East Precinct with the Remington Group’s plan to the west, across the GO rail line, and the proposed CSIO facility. It is not anticipated, however, that this review will impact on the road network or built form criteria, previously established in the draft East Precinct Plan, as they relate to the applicant’s lands.

Markham Centre Advisory Group

This application was presented to the Markham Centre Advisory Group (the “Advisory Group”) on September 25, 2008 and December 18, 2008, and the Markham Centre Report Card and Performance Measures Checklist have been applied to this proposal. The Advisory Group generally accepted the proposal subject to the proponent addressing certain built form and public space matters, environmental considerations, and transportation matters in response to the Markham Centre Report Card. These matters are discussed later in this report. The Advisory Group recommended that the proponent continue to pursue LEED accreditation for this project.

Community Information Meeting and Statutory Public Meeting

A community information meeting was held on October 6, 2008 and a statutory public meeting was held on November 4, 2008 which were attended by residents and a representative from the Unionville Ratepayers Association. Issues raised at these meetings include LEED certification, relationship between the proposed development, the secondary school, access issues with regard to the property to the south, the TRCA buffer zone, building height, tree preservation, access to Main Street and the proposed public road. These matters are discussed later in this report.

OPTIONS/ DISCUSSION:

Servicing allocation not required

The proposed retirement residence units will consist of bedrooms with a living area, and in some instances with a den. However, kitchens will not be provided in the individual units. A centralized dining area and kitchen will be provided for the residents to have their meals. In accordance with Region of York allocation policy, servicing allocation for the proposed development is therefore not required. The Zoning By-law amendment will be drafted to ensure that the proposed development cannot be converted to residential condominium units at a later date without the need for a Zoning By-law amendment and servicing allocation. This report recommends that Council deem the proposed retirement residence as an institutional use for servicing purposes.

Toronto and Region Conservation Authority (TRCA) approval required

The northerly portion of the subject property is located within the TRCA Regulated Area of the Rouge River Watershed and Regional Storm Floodplain. The Valley and Stream Corridor Management Program (VSCMP) also applies to these applications. Typically, a 10 metre buffer zone is required as part of the VSCMP (Figure 4) and encroachments are not permitted within this buffer zone. Although part of the valley corridor system, these lands are physically separated from the corridor by the location of the access driveway to the secondary school.

The TRCA issued a permit for the previous application submitted by the Co-Operators. This current proposal however, differs from the previous plans for which the TRCA permit was issued. The proponent has been working with the TRCA to ensure that an appropriate buffer zone (minimum 10m), building setbacks and any other requirements are satisfactorily addressed. Encroachments are not permitted within the required buffer zone.

The TRCA is currently withholding recommendations on the site plan pending submission of a Stormwater Management Report, Sediment and Erosion Control Plan and revised Planting Plan necessary to complete their review. TRCA approval is a condition of site plan endorsement (See Appendix ‘A’ attached). The owner will be required to convey the valleylands to the Town (Figure 4), and this is a condition of site plan approval (see Appendix ‘A’ attached).

The proponent is proposing a pedestrian walkway through a portion of the valleylands, however, this will require an agreement with the Town, and the Town will not be responsible for the maintenance of pedestrian walkways or any structures within the TRCA floodplain area and this condition will be included in the site plan agreement (see Appendix ‘A’ attached).

Design and construction of Street ‘A’ (proposed public street)

Street ‘A’, a public street, is proposed as a component of the proposed development (Figure 5). The future development of Phases 2 and 3 will front onto Street ‘A’ and parking and service access would occur via Street ‘A’. The proposed street will eventually connect to the Bill Crothers Secondary School site and Enterprise Boulevard to the south. Construction of Street ‘A’ will require lands from the abutting property to the south in order to connect to Enterprise Boulevard. The proposed public street (Street ‘A’), as shown on the site plan (Figure 4) must align with the existing driveway location on the Bill Crothers Secondary School site to the north, and accommodate a sidewalk on either side (see Appendix ‘A’ attached).

The proponent has had discussions with the York Region District School Board (the “School Board”), the abutting landowner to the north and west, to secure an access easement on the School Board property for municipal service vehicles. Town staff are in receipt of a letter from the School Board dated January 23, 2009, indicating that they are prepared to provide an access easement subject to the Owner agreeing to cost sharing for sanitary and stormwater management services front-ended by the School Board. The proponent is still in negotiations with the School Board. A permanent access easement from the School Board, in favour of the Town is a condition of site plan endorsement (see Appendix ‘A’ attached).

In the event that the proponent is unable to reach an agreement with the School Board, a cul-de-sac will be required at the north end of Street ‘A’ to provide adequate turning movements for municipal service vehicles (eg. snow ploughs, garbage trucks, etc.) and further design work will be required with regard to this. A condition of site plan endorsement will secure the necessary area for a cul-de-sac at the termination of Street ‘A’ or alternative measures to accommodate turning movements of municipal vehicles, in the event that an access easement from the School Board is not granted (see Appendix ‘A’ attached). The cul-de-sac, if required, would affect the unit yield and design of Phase 2.

Provision of the cul-de-sac, if necessary, would require design changes to implement Phase 2 of this project. A Plan & Profile of Street ‘A’ to Enterprise Boulevard, designed to Town standards is required as a condition of site plan approval (see Appendix ‘A’ attached). The Owner is required to prepare a reference plan and transfer documents to convey the land required for the proposed road right-of-way within the subject lands, to the Town free of costs and encumbrances.

To ensure delivery of Street ‘A’ in a timely fashion, the Hold provision on the Phase 2 lands cannot be removed until the Street ‘A’ right-of-way within the property has been conveyed and arrangements for the delivery of Street ‘A’ have been made to the satisfaction of the Town. The Owner is required to participate with the Town and the York Region District School Board for the delivery of their portion of Street ‘A’, and to enter into a construction agreement with the Town, if required, for the construction of Street ‘A’, including all municipal infrastructure, at no cost to the Town. The requirements for the design, approval, construction, acceptance and assumption of Street ‘A’ will be included in a construction or development agreement. The Letters of Credit secured through this site plan application will not be reduced beyond the amount required to secure the construction of the applicant’s portion of Street ‘A’ (see Appendix ‘A’).

The conveyance of the Street ‘A’ right-of-way within the subject lands, with a minimum 18.5 metre right-of-way and cul-de-sac (if required) is a condition of site plan approval. The proponent is required to provide all environmental site assessment reports to the Town for peer review and concurrence. A Record of Site Condition is required to be filed with the Provincial Environmental Site Registry all in accordance with the Environmental Protection Act (see Appendix ‘A’ attached).

Engineering requirements must be met to the satisfaction of the Town

Storm Drainage

The proponent is required to drain its site and the future public road, Street ‘A’, through the existing school site as outlined in a previous drainage study. The School oversized the storm sewers and stormwater management facility to accommodate the future development of these lands, the lands to the south and Street ‘A’ and therefore a cost sharing/ maintenance agreement is required. Prior to the execution of a site plan agreement, the Owner is required to enter into a cost-sharing agreement with the York Region District School Board and the Town, for storm sewers including stormwater management facilities, in the Bill Crothers Secondary School site.

Sanitary Drainage

Servicing plans and all other engineering requirements must be provided to the satisfaction of the Town, prior to site plan endorsement (see Appendix ‘A’ attached).

Transportation and parking

A Traffic Assessment has been reviewed and accepted by the Town. The proponent is presenting the proposal as a “low-traffic generating” development given that the residents will be seniors, in combination with the provision of a shuttle bus service to the residents. Permanent, full access on Main Street is required until Street ‘A’ is completed. There is the potential for restricting movements on Main Street when Street ‘A’ is completed, and this is a condition which will be included in the site plan agreement.

Sustainable development practices

The proponent has provided staff with a list of sustainable development practices for review. Some of the proposed sustainable measures include:

• Alternative transportation such as public transportation access, hybrid vehicles for autoshare and carpools, and designated parking for autoshare and carpools;
• Water efficient landscaping and water efficient fixtures;
• Optimizing energy performance through Low-E windows, wall and roof installation, occupancy sensor lighting and ventilation controls, and energy star appliances;
• Use of salvaged, refurbished, and reused materials, products and furnishings for 5% of the building materials;
• Use of recycled content such as recycled drywall, steel, flyash/slag in concrete (up to 7.5%);
• Use of up to 10% regional materials and certified wood; and
• Green housekeeping.

The proponent has committed to implementing the above-noted list. Additional sustainable initiatives recommended by staff include minimized water run-off, stormwater infiltration, maximizing tree preservation and landscaping opportunities, a white roof, water re-use and minimizing the heat island effect. The proponent will be required to incorporate appropriate Fatal Light Awareness Program (FLAP) components to their development to ensure more bird-friendly buildings. Town staff will review the final plans to incorporate appropriate bird-friendly development measures and the Owner will be required to implement sustainable development practices to the satisfaction of the Town (see Appendix ‘A’ attached).

District Energy

New developments within Markham Centre have been connecting to District Energy. The proponent has had initial discussions with District Energy, however, these discussions have not yet resulted in a commitment from the applicant to connect to District Energy. A permanent connection may be unavailable for Phase 1, until Street ‘A’ can be linked to the extension of Enterprise Boulevard through the neighbouring property to the south. Staff will continue to pursue this matter with the applicant and Markham District Energy (see Appendix ‘A’ attached).

Markham Centre Landowners Group

There is an active Landowners Group in Markham Centre within which the proponent is required to be a participant. The proponent has had discussions with the Group and is required to provide confirmation from the Trustee of the Markham Centre Landowners Group that they have fulfilled their obligations under the Landowners Group Agreement and are in good standing (see Appendix ‘A’ attached).

Tree preservation and landscaping

The proposed development will result in the removal of a significant number of trees. There are two rows of trees along the northern property line. The proponent was originally proposing to preserve one row of trees and remove the second row, however, they have shifted the building back and will endeavour to also protect the second row of trees, especially during construction. Tree protection measures will need to be implemented during construction (see Appendix ‘A’ attached).

The Owner’s landscape architect and certified arborist, along with the TRCA and a representative from the Town’s Community Services identified thirty (30) existing Kentucky Coffeetrees on the subject property which are of suitable size to be transplanted to two separate locations on the nearby Rouge River flood plain. A tree planting plan reflecting the relocation and replanting of the coffee trees is required, to the satisfaction of the Town. Given the number of trees and natural vegetation to be removed, an enhanced compensation program will be pursued by Town staff to ensure that additional tree planting is provided, particularly in light of the Mayor’s Trees for Tomorrow initiative. A tree planting or landscape plan, and a tree inventory and preservation plan, including the trees to be protected within the buffer, setbacks, and open space areas must be approved by the Town prior to site plan endorsement (see Appendix ‘A’ attached).

Town staff recommend a minimum 3 metre landscape buffer with trees adjacent to the neighbouring property to the south. Revised landscaping plans addressing staff concerns must be approved prior to site plan endorsement (see Appendix ‘A’ attached).

Urban design

Phase 1 (Building A) will be comprised of a nine-storey building fronting onto Main

Street. The proposed nine-storey building will be prominent in this location and will be the first building of this height to be introduced in the vicinity. The building will be three storeys along Main Street to address the interface with Main Street and create a pedestrian-oriented environment. The building then steps up to six and nine storeys (Figure 5).

The level of building materials including brick, glass, refinished metal and stucco are generally satisfactory subject to revisions recommended by Town staff, including but not limited to, accentuation of the roof cornice and cornice at the 7^th floor, introducing dark brick at regular intervals to break up the massing of the building, and simplifying the detailing and the range of exterior materials along the Main Street facade. The roof top equipment is required to be screened and the rooftop features should be integrated in the overall design concept of the building. A pedestrian entrance has been added on Main Street which will enhance interaction at street level. The building massing and limited use of reflective glass on the building should help to facilitate implementing bird-friendly practices into the design.

An open space area is proposed fronting onto Main Street at the north-east corner of the site. This space will incorporate a trellis feature to match the building details, seating walls, and decorative paving and planting. The open space design must be approved prior to site plan approval (see Appendix ‘A’ attached). Town staff will ensure that the pedestrian connectivity and public spaces throughout the site are enhanced and appropriate easements and maintenance requirements are introduced in the site plan agreement.

Cash-in-lieu of Parkland

It is recommended that the owner pay the institutional rate of 5% towards cash-in-lieu of parkland dedication in accordance with the Planning Act. The alternative cash-in-lieu of parkland rate, identified in the Markham Centre Secondary Plan (OPA 21) for residential development will not be applied to this development as it has been determined to be an institutional use for servicing allocation purposes.

Recommend Council endorsement in principle

There are still a number of outstanding site plan and technical issues which need to be resolved to the satisfaction of the Town. Therefore, staff recommend Council endorsement of the overall concept site plan for Phases 1 and 2 in principle, subject to the conditions identified in Appendix ‘A’, and approval of the Zoning By-law amendment application. The draft implementing Zoning By-law will be brought forward for enactment upon resolution of site plan related issues.

FINANCIAL TEMPLATE

Not applicable.

ALIGNMENT WITH STRATEGIC PRIORITIES:

Growth management through appropriate intensification, built form, and the public stewardship of valleylands.

DEPARTMENTS CONSULTED AND AFFECTED:

All comments provided by internal departments and external agencies have been incorporated into this report and conditions of site plan endorsement.

RECOMMENDED BY:

_____________________________ _______________________________

Biju Karumanchery, M.C.I.P, C.P.P James Baird, M.C.I.P, C.P.P

Senior Development Manager Commissioner, Development Services

ATTACHMENTS:

Appendix ‘A’ – Conditions of Site Plan Endorsement

Figure 1- Location Map

Figure 2- Area Context

Figure 3- Aerial Photo

Figure 4- Proposed Site Plan (Phase 1)

Figure 5- Proposed Site Plan (Phase 2)

Figure 6- Proposed Building Elevations

Coloured Renderings

AGENT

Tatiana Di Giacintio

Development Manager

The Rockport Group

170 The Donway West

Suite 307

Don Mills, ON, M3C 2G3

Tel: 416-444-7391

Fax: 416-445-4849

File path: Amanda\File 06 120486\Documents\Recommendation Report