Report to: Development Services Committee Report Date: November 16, 2010
SUBJECT: RECOMMENDATION REPORT
Application for Site Plan Control Approval
Ruland Properties Inc.
Phase 1 Retail Programme,
South Side of Enterprise Boulevard, east of Birchmount Road
Markham Centre
SC 09 121903
PREPARED BY: Richard Kendall, Manager of Development, Central District
Extension 6588
RECOMMENDATION:
1) That the Recommendation Report titled “Application for Site Plan Control Approval Ruland Properties Inc. – Phase 1 Retail Programme” be received;
2) That the application for Site Plan Control Approval by Ruland Properties Inc. for the proposed phase 1 retail buildings be endorsed in principle, subject to the conditions attached as Appendix A;
3) That Site Plan Control Approval be delegated to the Director of Planning and Urban Design or designate, to be issued following execution of a Site Plan Agreement. Site Plan Control Approval is issued only when the Director has signed the site plan;
4) That prior to final Site Plan Control Approval, the Owner provides a release from the Trustee for the Markham Centre Landowners Group confirming that the applicant has met their obligations to the Group with respect to these lands;
5) That Council authorize the enactment of a by-law to remove the Hold (H) provisions on the subject lands upon execution of the Site Plan Agreement to the satisfaction of the Commissioner of Development Services and the Town Solicitor; and
6) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Not applicable
1. Purpose 2. Background 3. Discussion 4. Financial
The purpose of this report is to discuss and make recommendations on an application for Site Plan Control Approval by Ruland Properties Inc. for their Phase 1 retail buildings at the southeast corner of Birchmount Road and Enterprise Boulevard.
The vacant, 3.55 hectares (8.8 acre) property is located within the second phase of the Remington Group’s Downtown Markham project, at the southeast corner of Birchmount Road and Enterprise Boulevard, extending southerly to Highway 407 (Figure 3).
Phase one of the subdivision has been registered, with several residential buildings under construction and others having been occupied. The applicant is now looking to register the second phase of their subdivision and commence construction of the initial component of their retail core.
In June, 2010, the applicants presented their retail concept to Development Services Committee (DSC), and discussed the evolution of their retail programming in the context of a comprehensive review they have commenced of the easterly portion of their precinct plan to better align with the emerging Mobility Hub at the Unionville GO Station. This Phase 1 retail programme is generally consistent with the location and nature of retail facilities within the Council approved precinct plan and on-going discussions on the evolving precinct plan, which will be the subject of a future presentation and report to Council.
Phase 1 of a larger retail building programme
The phase 1 retail development initially consists of two buildings accommodating a variety of uses including retail, restaurant and cinema. Two buildings (L & M) would be located adjacent to Enterprise Boulevard, extending easterly towards the future Market Drive (Figure 4).
The third and fourth future buildings (N & Q) within this phase of development would be located towards the south end of the site, next to Highway 407 and oriented towards Birchmount Road (Figure 5). These buildings will likely consist of office and retail and will be subject to a future development application. In the interim, this portion of the site is intended for temporary surface parking for Buildings L & M. In the longer term, parking structures will be incorporated into the design of buildings N & Q to reconcile the parking requirements across the consolidated site. The balance of the parking for buildings L & M is to be provided in a one level underground structure.
Future development phases would also be developed opposite this site on the north side of Enterprise Boulevard and to the east as shown on the concept plan attached (Figure 5) consisting of retail, restaurant, hotel and residential uses. These phases will also be the subject of separate site plan applications. The intention is to introduce a mix of uses that will ensure that the complex will be a hub of activity throughout weekdays, evening and weekends.
Buildings L & M will feature retail uses at grade with retail units having direct access to Enterprise Boulevard. The ground floor will also contain the vestibules, lobby and box office for the second floor theatre complex. Additional retail units within Building M will face and have direct access to the surface parking area to the south. Total commercial floor area (retail, restaurant, office and theatre) for these buildings will be 25,750 square metres (277,180 square feet).
Second floor uses consist primarily of two-storey tall theatre related uses within Building M along with commercial/retail space facing Enterprise Boulevard. The second floor of Building L features additional theatre lobby area, retail and restaurant uses. The second floor levels of the two buildings will be linked by a bridge structure consisting of lobby space for the theatre, along with an outdoor terrace. Commercial office space is proposed with the third floor level of Building L.
Although considered 3 storeys tall, at up to 21 metres (69 feet) the buildings have very high floor heights approximating the 7 storey Rouge Bijou residential buildings recently constructed to the west, on the north side of the Civic Mall (Figure 6- Height Studies).
Parking provided for the initial phase of this development is 722 spaces; this figure represents approximately 174 fewer spaces than required by the Markham Centre By-law. It is noted however, that the Markham Centre By-law contains maximum parking standards and does allow for required parking to be provided off-site. The applicant owns the lands on the west side of Birchmount Road, where temporary surface parking is provided for the Honeywell building and where additional parking for this project can be accommodated during off peak hours (Figure 3 – Air Photo). In the longer term, with the construction of additional office development within the Honeywell block the applicant will be building parking structures, consistent with the Town’s parking strategy for Markham Centre. The use of lands within the Honeywell block for interim surface parking to support this phase of development would be limited to 3 to 5 years.
Key public design components associated with this project include the proposed introduction of a new public street parallel to Highway 407, at the south end of the block. In addition, a finer grain of publicly accessible, private streets is proposed both east/west and north/south internal to the development block (Figure 4). Depending on the ultimate build out of this block and the long-term requirements for additional underground parking for Buildings N and Q, these internal streets could become public in the future and will be designed to reflect typical Markham Centre Streetscape standards for public streets.
An approximate 0.25 ha (0.6 acre) public space element is also being proposed to the south of the Building L (Figure 4). This area would provide direct grade-related access to the retail uses, create an opportunity for an outdoor seating area and also serve to provide a landscaped transitional treatment to address the grade differential between the north and south ends of the block.
Buildings consist of a mix of traditional and contemporary materials
Building materials will include a range of traditional materials such as brick, precast and stone, and glazing. Sections of the facades at the south side of Building M, above the 7m storefront height, will feature more contemporary materials including a combination of solid dark coloured panels (background to signage) in concert with horizontal textures or grilles and capped with a light box surrounding the major cinema spaces (Figures 7 through 10).
The upper levels will feature a combination of show windows,
office building type elevations, terraces and balconies in select locations (i.e.
restaurant uses and the cinema lobby) and solid areas for signage and artistic
lighting. The final details of the building elevations
will need to be resolved at the time of building permits to address the
requirements of the end-user tenants.
Staff will work with the applicant through this process to implement appropriate
‘bird-friendly’ requirements.
Zoning
The vacant lands are zoned “Markham Centre Downtown Two – Hold (MC-D2 [H]) and Markham Centre Downtown One – Hold (MC-D1 [H])” in the Markham Centre Zoning By-law (No. 2004-196). The proposal generally complies with the relevant zoning policies however, potential variances relating to minimum height requirements at the intersection, loading space location, parking requirements and certain setback conditions may be required. Additional information has been requested to better determine project compliance. Appropriate zoning relief (if required) is a condition of Site Plan Approval. The Hold (H) would be lifted upon the issuance of Site Plan Approval.
Applicant has addressed issues
Following initial discussions with staff the applicant’s architect has revised the plan to address a number of identified issues as follows:
1. The introduction of additional public and publicly accessible roads to help break the block up and facilitate access and pedestrian movement:
·
A mid-block east/west road, along with a southerly
extension of Market Drive have been introduced to the block. Staff will continue to work with
the applicant to ensure the roads accommodate sidewalks and street trees per Markham
Centre streetscape standards.
2.
Enhance the width of the sidewalk and available space
in front of the buildings to accommodate pedestrian flow and outdoor space
programming.
·
The
applicant has increased the building setback adjacent to Enterprise Boulevard in
the vicinity of Buildings L & M to better accommodate future pedestrian
traffic, particularly in the vicinity of the theatre complex.
3.
The surface parking should include substantial soft
landscaping, provide for infiltration and other storm water management
mechanisms, shade, and a pedestrian friendly environment throughout.
·
The
applicant has introduced an open space component integral to an area originally
proposed as a parking lot and incorporated plantings in the plan along
pedestrian routes and at entrances to the buildings. Final design of the parking areas should
incorporate buffers to screen cars and mitigate heat island effect. Staff will continue to explore opportunities
for Low Impact Development (LID) stormwater
management tools (infiltration swales, bio swales, porous paving, etc.) in the
design of the temporary surface parking areas. The parking lot design will be
subject to further review.
4.
Buildings L&M should
address the intersection through special design features and articulation in
keeping with its gateway location, and provide active facades at street level.
· The applicant has reviewed options to reduce/break-up the mass of this building along Enterprise Boulevard, in part through creating a physical break in the long Enterprise elevation. At street level, the break provides a public walk from Enterprise to the south side of the building. At the second level, there is a recessed, glazed bridge structure that connects the two buildings with the cinema lobby.
·
The elevations will be a composition of a number
of elements and variety of materials. The articulation of the elevations will
relate to the various building uses intended to create an interesting urban
scale. The elevation from street level to approximately 7m in height is
primarily composed of storefronts. The storefronts will be a combination of
shops within a base building architectural frame, and, in some instances,
individual facades will be designed by the tenant. The facades and articulation of Buildings L
& M will be subject to further review at that time.
5.
Multiple pedestrian entrances from public streets
should be provided for all structures and ground floor level must match the
sidewalk level at all entrances.
· The applicant has provided direct access to the retail units at grade along Enterprise Boulevard, between Buildings L & M, to the rear parking areas and to the proposed public space element to the south of Building L. The design of the Birchmount Road elevation is currently being reviewed to provide opportunities to visually and functionally connect the public space element to the major intersection in the downtown - Birchmount/Enterprise. The site plan and ground floor plan will be subject to further review regarding grades, entrances and pedestrian access.
6. Public
art should be incorporated into the development.
· With the commencement of the construction of the first retail phase there is an opportunity to introduce a public art component within or adjacent to this project. Staff have had initial discussions about possible public art opportunities and will continue to explore the options with the applicant.
The applicant has also revised their plans to eliminate a proposed loading space along Birchmount Road. Loading for this project would occur within Building M accessed via the north south private road; at-grade between Buildings L & M, with smaller cube van deliveries being accommodated below grade.
As the specific programming requirements of the tenants are identified and finalized, staff will work with the applicant to ensure: building elevations provide an appropriate level of articulation and active facades at street level; blank walls are avoided; building entrances address major street frontages; and, access is provided directly at grade. The applicant has been requested to identify locations for bike storage throughout the plan.
Departmental / Agency Comments
The final plans will be required to address Fire Department requirements, including Fire Access Route design details. The final plans must also confirm compliance with the Buttonville Airport Zoning Regulations.
The Engineering Department has requested additional material including: a Grading/Drainage plan showing site grading and section through the Town’s boulevard on Birchmount Road, Enterprise Boulevard and the proposed service road next to Highway 407; a Servicing plan showing onsite storm sewer sanitary sewers and watermains; and, an up-dated Stormwater Management report for onsite drainage. The owner has also been requested to confirm that there are no shoring tie-backs into the Town’s right of way, and confirm the proposed property limits between private and public roads within the plan. Additional information is required with respect to the proposed alignment of Market Drive on the south side of Enterprise Boulevard. They further advise that a Functional Traffic Design and Parking Impact Study may be required in conjunction with the consideration of relief to the parking standards.
Markham Centre Advisory will be Consulted
The applicant provided a preliminary overview of the Phase 1 retail proposal and the emerging amendments to the comprehensive Precinct Plan to the Advisory in May, 2010. While generally supportive of the presentation and the enhanced linkages to the emerging Mobility Hub, the Advisory expressed concern with the lack of progress regarding the large urban park which would be centrally located within the Remington plan. The Advisory felt the development of this park would help generate interest in the retail area. It is noted that the urban park is not contiguous to this site and is to be addressed as part of the next phase subdivision registration. Prior to Site Plan Control Approval the Phase 1 retail application will formally be presented to the Markham Centre Advisory for consideration and evaluation against the Performance Measures Document.
Not applicable at this time.
Not applicable at this time.
The application aligns with the Town’s strategic priorities of Growth Management and Transportation/Transit. The applicant also advises, similar to other projects within their first phase, that they will be seeking L.E.E.D. certification, consistent with the Town’s environmental objectives. Specific comments or additional requirements which may be identified through further review by the Markham Centre Advisory will need to be addressed as a condition of final Site Plan Approval.
BUSINESS UNITS CONSULTED AND AFFECTED:
The application has been circulated to applicable departments and agencies for comment, and their requirements have been addressed as conditions to Site Plan Approval or will be addressed through the registration of the phase 2 subdivision.
RECOMMENDED BY:
______________________________ ________________________________
Biju Karumanchery, M.C.I.P.,
R.P.P. James
Baird, M.C.I.P., R.P.P.
Senior Development Manager Commissioner of
Development Services
Appendix A – Conditions of Site Plan Approval
Figure
1: Site Location
Figure
2: Area Context and Zoning
Figure
3: Air Photo
Figure
4: Site Plan – Initial Retail Phase
Figure
5: Retail Concept Plan
Figure 6: Height Studies
Figure 7: Perspective
(South East)
Figure 8: Perspective (South West)
Figure 9: Perspective (North East)
Figure 10: Perspective (North)
File path: Amanda\File 09 121903\Documents\Recommendation Report
APPENDIX
A – CONDITIONS OF SITE PLAN APPROVAL
1. That prior to final site plan approval the Owner revise the site plan to comply with the applicable zoning, or shall obtain appropriate by-law relief to accommodate the building programme;
2. That prior to final site plan approval the Owner finalize alignments and provide public roads and/or necessary easements respecting public access and servicing connections through the subject lands (if required) to the satisfaction of the Commissioner of Development Services and the Town Solicitor;
3. That prior to final site plan approval, the Owner shall submit final drawings including, but not limited to, site plans (which include transformer locations and provide for bike parking) and elevation drawings, an underground parking layout plan, grading, servicing and engineering drawings that comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services. The final plans shall incorporate appropriate Fatal Light Awareness Programme (FLAP) components, to the satisfaction of the Town
4. That prior to final site plan approval the Owner shall submit a Landscape Plan, including a detailed lighting submission, prepared by a Landscape Architect, having O.A.L.A. membership for approval by the Commissioner of Development Services;
5. That the Owner enter into a Site Plan Agreement with the Town, containing all standard and special provisions and requirements of the Town and other public agencies, including provisions to ensure that any restaurant use is equipped with odour control units, prior to final site plan approval;
6. That the Owner satisfy any parkland and/or cash-in-lieu of parkland obligations for the development, to the satisfaction of the Commissioner of Development Services.
7. That the Owner pay its proportionate share of development charges in accordance with Area Specific Development Charge By-laws;
8. 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;
9. That provisions for Fire Routes, yard hydrants, Siamese connections and other emergency access requirements be to the satisfaction of the Fire Department;
10. That provision for snow removal and storage, sidewalk alignment and maintenance be to the satisfaction of the General Manager of Operations and Director of Engineering;
11. That the Owner provide and implement detailed Grading/Drainage, Servicing and Stormwater Management plans, to the satisfaction of the Director of Engineering;
12. That the Owner confirm that there are no shoring tie-backs into the Town’s right of way and confirm the proposed property limits between private and public roads within the plan to the satisfaction of the Director of Engineering;
13. That the final alignment of Market Drive on the south side of Enterprise Boulevard be to the satisfaction of the Director of Engineering;
14. That the Owner comply with all requirements of the Town and authorized public agencies, including MTO/407 Consortium and TRCA, to the satisfaction of the Commissioner of Development Services;
15. That the Owner provide confirmation that height and lighting of the buildings meets the requirements of Transport Canada, including any applicable warning clauses;
16. That the Owner provide and implement a TDM plan which clearly identifies measures to promote alternative modes to the single occupant vehicle;
17. That the Owner respond to comments made by the Markham Centre Advisory and provide and implement a comprehensive Green Infrastructure plan, including connections to the District Energy network, to the satisfaction of the Commissioner of Development Services;
18. That should the Owner participate in the enhanced hoarding programme, the Mayor and Clerk be authorized to enter into a Hoarding Agreement with the Owner;
19. That the Owner continue to work with staff on an appropriate public art component for this project;
20. That this endorsement shall lapse and site plan approval will not be issued after a period of three years commencing November 16, 2010, in the event that the site plan agreement is not executed within that period.