Report to: Development
Services Committee Report
Date: September 21, 2010
SUBJECT: RECOMMENDATION
REPORT
Times Group Inc.
South side of Highway 7,
east of Village Parkway
Application for site plan
approval for a commercial development (Markham Uptown Interim Commercial
Development)
File No. SC 10 122552
PREPARED BY: Scott
Heaslip, Senior Project Coordinator, Central District
RECOMMENDATION:
1)
That the staff report entitled “Times Group Inc., South
side of Highway 7, east of Village Parkway, Application for site plan approval
for a commercial development (Markham Uptown Interim Commercial Development)”
be received.
2)
That the application be
endorsed, in principle, subject to the refinements to the plans and the
conditions outlined in the staff report.
3)
That site plan approval be delegated to the Commissioner
of Development Services, or his designate, to be issued following execution of
a site plan agreement (Site Plan Approval is issued only when the Commissioner
has signed the site plan “approved”), when the following conditions have been
met:
·
Plan of subdivision 19TM-070003 has been
registered.
·
The Owner has entered into a site plan agreement with the Town and the
Region of York containing all standard and special provisions and requirements
of the Town and public agencies and the provisions outlined in Appendix ‘A’ to
the September 21, 2010 staff report.
·
The Trustee for the applicable cost sharing
group has advised the Town in writing that the Owner is in good standing with
the group.
·
Minor variance A/97/10 has been approved and has
come into force and effect.
·
The Holding provision has been removed from the
zoning of the subject lands in accordance with the provisions of the by-law.
4)
That, in the event the Owner participates in the
enhanced hoarding program for Markham Centre, the Mayor and Clerk be authorized
to execute a hoarding agreement with the Owner.
5)
And that Staff be authorized and directed to do all
things necessary to give effect to this resolution.
EXECUTIVE SUMMARY:
Not applicable.
The purpose
of this report is to discuss and recommend endorsement, in principle, of site
plan approval of commercial development on the south side of Highway 7, east of
Village Parkway (Future Birchmount Road extension).
Subject Lands (Figures 1, 3 and 4)
The subject
lands have an area of 3.79 ha (9.4 acres) and are located at the south-east
corner of Highway 7 and future Birchmount Road.
The lands are a block on a draft approved plan of subdivision
19TM-070003, which was approved by the Ontario Municipal Board on May 19, 2010
(Figure 4). The lands are vacant and
contain no significant vegetation.
Official Plan and Zoning (Figure 2)
The subject
lands are designated COMMERCIAL – COMMUNITY AMENITY AREA in the Official
Plan. They are further designated
COMMUNITY AMENITY AREA – MAJOR URBAN PLACE in the Markham Centre Secondary
Plan.
The lands are
zoned “Markham Centre – Downtown Two (Hold 1 Hold 2)” (MC-D2*11*14 (H1 H2)) by
By-law 2004-196, as amended. This zoning
was approved by the Ontario Municipal Board on May 19, 2010.
Proposal
The proposed
development comprises seven commercial buildings, having a total combined floor
area 13250 square metres (142,700 square feet).
(Figure 5)
The proposed
commercial buildings are deployed around the perimeter of the site enclosing
the extensive surface parking lot from the street. Six of the buildings will be one storey. The seventh building, located at the corner
of Highway 7 and Birchmount Road, will be a three storey office building.
The largest
building, with a floor area of 3350 square metres (36,000 square feet), is
intended to be occupied by a supermarket. The other six buildings will
accommodate a range of retail, service, restaurant and office uses.
The two
buildings adjoining Birchmount Road will have demising walls in the middle to
ensure that commercial units face directly onto Birchmount Road. This is particularly important as the
mixed-use buildings on the west side of Birchmount will incorporate street
related commercial uses along the Birchmount Road frontage which will face onto
these buildings.
A total of
529 parking spaces are proposed. The majority (414 spaces) will be in a surface
parking lot. The remainder (115 spaces)
will be in a one level underground parking garage serving the office
building.
The buildings
will be faced with brick and stone veneer accented with architectural pre-cast
moulding. (Figures 6-10)
Subdivision and implementing zoning approved by Ontario
Municipal Board
On May 19,
2010, the Ontario Municipal Board (OMB) approved the Times (Uptown Markham)
draft plan of subdivision (see Figure 4), subject to conditions, together with
implementing zoning by-law
The zoning
by-law approved by the OMB for the Times lands include a site specific
provision permitting the subject lands to be developed with an “interim
commercial development” with surface parking.
The
commercial uses in the “interim commercial development” are intended to
ultimately be incorporated into mixed-use buildings on this and other blocks
within the plan of subdivision, allowing the subject lands to be redeveloped
with high density mixed-use buildings, over time.
The Times
Group has applied to the Committee of Adjustment to increase the maximum
permitted net floor area of the proposed development from 12,000 square metres
to
13,250 square
metres. The requested increase
corresponds to the area of the third floor of the office building, which was
previously proposed to be two storeys. Staff support the addition of a third floor to the office
building. This application is scheduled
to be heard by the Committee of Adjustment on September 8, 2010.
Proposed development generally consistent with Town’s
built form objectives, but requires refinement
The applicant
has been requested to refine the project plans to address outstanding urban
design issues, including:
The required
refinements will be incorporated into the project plans before they are
endorsed by staff.
The proposed
development is scheduled to be reviewed by the Markham Centre Advisory Group in
September. Any requirements of the
Advisory will be addressed in the final project plans.
Environmental and sustainability initiatives
Times Group has committed to the
following sustainable initiatives:
Markham District Energy has advised that
“it
makes most sense today not to connect the interim retail uses in Blocks 7 &
8.”
Staff will
ensure that appropriate Fatal Light Awareness Program (FLAP) measures are
incorporated into the final project plans.
Project cannot proceed until required infrastructure secured
The applicant
has applied to the Town for a subdivision agreement for the first phase of the
draft plan, which includes the subject lands.
Staff are currently reviewing technical
submissions from the Times Group addressing the conditions of draft approval,
and are processing the required subdivision agreement.
Staff will
work with the applicant to expedite the issuance of building permits for this
project. However, before any building
permits (including conditional permits) can be considered, the required
sanitary and storm sewer, water and road infrastructure, including the Highway
7 sanitary sewer, needs to be secured. The grading of the adjoining roads also needs
to be finalized in order to ensure that the ground floor level of the buildings
properly meets grade.
A full
building permit cannot be issued until after registration of the plan of
subdivision and execution of the required site plan agreement.
Not
applicable.
Not
applicable.
The proposed
development supports the following Strategic Priority:
Environment - see Environmental and
Sustainability Initiatives, above
The proposed
development has been circulated to internal Town departments and external
agencies. All comments/requirements of these departments and agencies are or
will be reflected in the final project plans, or will be secured in the site
plan agreement.
RECOMMENDED BY:
_______________________________ ________________________
Biju Karumanchery,
M.C.I.P., R.P.P. James Baird,
M.C.I.P., R.P.P.
Senior
Development Manager Commissioner, Development Services
Figure 1 - Location Map
Figure 2 - Area Context
Figure 3 - Air Photo
Figure 4 - Draft approved plan of subdivision
Figure 5 - Site plan
Figures 6-10 - Elevations
Figure
11 - Perspective of office building
Figure
12 - Perspective of supermarket
building
APPENDIX A – Conditions of Site Plan Approval
APPENDIX
A
Conditions
of Site Plan Approval
Times Group Inc.
South side of
Highway 7, east of Village Parkway
Markham
Centre Community
Prior
to the execution of the site plan agreement, the Owner shall submit:
1.
site plans, elevation drawings, underground parking garage
layout plans, grading, servicing and engineering drawings that comply with all
requirements of the Town, the Markham Centre Advisory, and authorized public
agencies, to the satisfaction of the Commissioner of Development Services. The final plans shall incorporate appropriate
Fatal Light Awareness Program (FLAP) components to ensure more bird friendly
buildings, to the satisfaction of the Town.
2.
landscape Plans, including streetscape details, prepared by
a Landscape Architect having membership with the Ontario Association of
Landscape Architects.
3.
a storm water management report and a functional servicing
report.
4.
a geotechnical report.
5.
an environmental site assessment report, phase 1/2.
for endorsement or approval by the Town.
The
Owner shall enter into a Site Plan Agreement with the Town and the Region of
York, containing all standard and special provisions and requirements of the
Town, the Region and other public agencies including, but not limited to, the
following:
1.
Provisions for the payment by the Owner of all applicable fees,
recoveries, development charges, parkland dedications (including cash-in-lieu)
and financial obligations related to applicable Developers Group Agreements.
2.
That the location, size and construction of all
refuse storage areas and recycling facilities, and arrangements for waste
collection be to the satisfaction of the Town of Markham Waste Management
Department.
3.
That the site be designed to ensure that there is no
permanent underground encroachment into any municipal road right-of-way.
4.
That the Owner shall provide and implement a
comprehensive Green Infrastructure plan to the satisfaction of the Commissioner
of Development Services. The plan shall
include the following minimum elements – LEED certified buildings, areas of permeable pavement within the
surface parking lot, stormwater management system using infiltration galleries
and underground trenches, drought resistant/low irrigation requirement
landscaping, limited irrigation using
recycled rainwater, predominantly native species used in landscaping, use of
high reflectivity paving materials to reduce urban heat island effect, provision of bicycle racks, energy efficient
lighting in the public realm.
5.
Provisions
to ensure implementation of the recommendations of the approved studies and reports.
6.
Provisions
for satisfying all requirements of Town departments and public agencies.
7.
Provisions
to ensure that all shopping carts will be equipped with devices to discourage
them from being removed from the property.
8.
Provisions to ensure that any
restaurant uses are equipped with odour control units.
9.
That the Owner design the
site to ensure that there is no permanent underground encroachment into any
municipal road right-of-way.
10. That the
Owner provide confirmation the height of the buildings
meets the requirements of Transport Canada, including applicable warning
clauses.
This
endorsement shall lapse and site plan approval will not be issued, after a
period of three years commencing on September 21, 2010, in the event that the
site plan agreement is not executed within that period.
File path:
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