Report to: Development Services Committee Report Date: December 13, 2010
SUBJECT: RECOMMENDATION REPORT
Application by Times Development Group for Site Plan Approval to permit 416 apartments and 22 townhouses (total 438 units) on Block 50, Plan 65M-3226, south side of South Park Road, east of Times Avenue, Leitchcroft Community.
(File SC 10 126637)
PREPARED BY: Ron Blake, Development Manager West District, Extension 2600
RECOMMENDATION:
1) That the report dated December 13, 2010, entitled: “Recommendation Report: Application by Times Development Group for Site Plan Approval to permit 416 apartments and 22 townhouses (total 438 units) on Block 50, Plan 65M-3226, south side of South Park Road, east of Times Avenue, Leitchcroft Community, (File SC 10 126637), be received;
2) That the application for site plan approval submitted by Times Group Corporation (File SC 10 126637) to permit 416 apartments and 22 townhouses (total 438 units) on Block 50 Plan 65M-3226 be endorsed in principle, subject to the conditions set out in Appendix A attached to this report;
3) That site plan approval be delegated to the Director of Planning and Urban Design or his/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;
4) AND THAT Staff be authorized and directed to do all things necessary to give effect to this resolution
PURPOSE:
The purpose of this report is to review the application for site plan approval of the Eden Park Phase II development, consisting of 416 apartments and 22 townhouses (total 438 units). The report concludes that the site plan application should be endorsed in principle, subject to the conditions set out in Appendix ‘A’ to this report.
BACKGROUND:
Property and area context
The subject lands comprise
Current Official Plan and Zoning
The subject lands are designated Commercial and Community Amenity Area by the Official Plan (Revised 1987), and Community Amenity Area – Mixed Use by the Leitchcroft Secondary Plan (OPA 41), as amended by OPA 127. The lands are zoned Community Amenity Area One *38 (Hold 2) [CA1*38 (H2)] by By-law 177-96, as amended. Medium and High Density residential uses are permitted.
OPA 127, approved by the OMB in December 2004, specifically caps the combined number of residential units on Blocks 41, 42, 43 (the blocks bounded by Galleria Parkway, Times Avenue, South Park Road, and Saddlecreek Drive) and part of Block 49 and Bock 50 (which comprise the subject site and adjoining property to the west where Eden Park Phase 1 is now under construction) at a combined total of 1,205 units (see Figure 4). To date, 870 residential units have been built or are under construction in blocks 41, 42, 43 and 49, leaving 335 residential units remaining for Block 50
In June 2009, Council approved Zoning By-law Amendment 2009-83, which permits a maximum of 1800 residential units in the *38 zone. Although the number of units permitted by the zoning by-law is greater than OPA 127, the *38 zone covers a larger area than OPA 127 (including portions of Blocks 41, 42, 43, 49 and 50 plus part of Block 44 to the north which is not part of OPA 127). The unit cap of 1,800 units established by the Zoning By-law is consistent with the cap established by OPA 127, due to the different areas covered by the two documents. To date, 1,465 units have been built or are under construction within the lands covered by the *38 Zone, which also leaves 335 units available for Block 50 under the current zoning provisions.
By-law 2009-83 also establishes a holding provision (H2) on the subject lands, which is not to be lifted until the Town is satisfied that sufficient servicing allocation is available and has adopted a resolution granting additional servicing allocation to provide for the number of dwelling units permitted.
Applications for Official Plan and Zoning By-law Amendments submitted
In July 2010, Times Group Corp submitted applications for Official Plan and Zoning By-law Amendments to permit 103 additional units on Block 50, to bring the development caps set out in the current Official Plan and Zoning provisions (total of 335 units) into conformity with the current proposal (total of 438 units). The Region has delegated approval of the Official Plan Amendment to the Town. The draft Zoning By-law Amendment also proposes a reduction in parking standards from the current 1.5 spaces per apartment unit to 1.3 spaces per apartment unit. The applicant has submitted a Parking Demand/Supply Review in support of this application.
Public Meeting Held
A public meeting was held on
Staff will bring the Official Plan and Zoning By-law amendments forward for Council approval once the supporting technical reports (including the Traffic Impact Study, Servicing Study, Parking Review) have been finalized to the Town’s satisfaction.
DISCUSSION
Site plan is satisfactory, with
further refinements
The proposal consists of a total of 438 units, comprised of 2 townhouse blocks (22 units), with direct frontage on the south side of south park road and two 13 storey apartment buildings along the Highway 407 frontage (416 units) separated by a 2 storey lobby.
Planning and Urban Design staff are satisfied with the most recent site plan and elevations submitted by the applicant (see Figures 5, 6 and 7). In terms of massing and height, the proposed townhouses mirror the existing townhouses along the north side of South Park Road, as well as the townhouses fronting the south side of South Park Road on Block 49 west of the site and will provide a transition with the high rise buildings at the south side of the site. Locating the high rise towers along the Highway 407 frontage will provide noise screening for existing residents to the north. Proposed building materials include architectural concrete brick on the end walls of the townhouses and above the 3rd floor of the apartments; artificial stone cladding on the 1st floor of the townhouses and vertical elements of the lower 3 storeys of the apartment buildings; EIFS with reveals (a composite stucco material) on the upper floors of the Townhouses; glass railings on the apartment balconies; and a mix of clear and spandrel glass panels on the upper stories of the apartment building.
Vehicular access will be provided at a driveway entrance at the east side of the site, adjacent to the Staybridge Suites hotel. A second access is located on Block 49 to the west, and will be shared with this development. Townhouse parking will be provided in rear attached garages (along the south elevation of the townhouse blocks facing the interior of the site) accessed from the internal east/west driveway through the site. Parking for visitors and the apartment dwellings will be provided in an underground garage, accessed from the east side of the site. Pedestrian access will be provided between the townhouse blocks and at the driveway entrances.
Background studies under review
The applicant has submitted the following studies in support of the application:
· Environmental Noise Review;
· Traffic Impact Study Addendum, which updates the Traffic Impact Study submitted in support of the 2009 Zoning By-Law Amendment in order to address the impacts of the 103 additional units now proposed on the subject lands;
· Storm Servicing Design Brief;
· Site Servicing and Stormwater Management Brief;
· Grading Plan;
· Parking Demand/Supply Review, in support of the proposal to reduce on site parking standards from 1.5 spaces per unit to an average of 1.3 spaces per unit.
These studies are currently under review by the Engineering Department. In addition, Engineering staff have requested that the following additional studies be submitted in support of the application:
· Hydrogeotechnical Report
· Servicing Study to assess the capacity of the existing sanitary sewer system to accommodate the 103 additional residential units proposed for the site;
· A Traffic Demand Management Study.
The conditions of site plan approval require that these studies be approved by the Director of Engineering prior to endorsement of the Site Plan Approval application. Furthermore staff will not submit the Official Plan and Zoning By-law Amendments to permit 103 additional units and reduced parking standards on the site for Council approval until the Traffic Impact, Servicing and Parking Demand/Supply Studies have been finalized to staff’s satisfaction.
Proposed Aquifer Thermal Energy
Storage (ATES) System not feasible at this site
Several years ago, Times
Development Group engaged consultants to explore the possibility of instituting
an ATES system to provide heating and cooling for the subject development. An ATES system uses groundwater as a thermal
sink to cool the building in summer and heat it in the winter. The intent was to use this system as a pilot
project for other future systems in
Proposed apartment buildings will
incorporate a variety of sustainability measures
The applicant is incorporating the following sustainability measures, in order to satisfy LEED Gold certification standards for the proposed apartment buildings:
a. Strategies to reduce heat island effect, like green roof and white roof;
b. Water reduction, including the use of ultra low dual flush toilets and low flow lavatories, etc and efficient irrigation design to reduce potable water;
c. Application of construction and operational Waste Diversion Techniques;
d. Energy Performance Optimization;
e. Auto share component, with hybrid vehicles;
f. Bike Storage and change rooms.
In addition, the development will incorporate the following bird-friendly design measures:
a. Reduced reflection in the lower 12m of the building heights through the use of balconies and overhangs;
b. A residential awareness program that advises residents on measures such as drawing blinds after dark to reduce bird collisions during migration periods;
c. Bird-friendly site ventilation grates
d. Use of lighting fixtures that effectively project light downward
Additional servicing allocation
required
In 2009, Times Development Group received allocation, including a 35% “Sustainable Development Through LEED” allocation credit, for all of the Phase 1 development currently under construction to the west of the subject property, and a partial allocation (48.5 units of the total 438 units currently proposed) for the subject development. As a result, additional servicing allocation is required to accommodate full development of this site.
Planning Staff are bringing a servicing allocation update report to Development Services Committee in January 2011, which provides for 2013 conditional allocation including a “Sustainable Development Through LEED” allocation credit, for the remaining units in the proposed development, including the additional 103 units under consideration.
In order to ensure that development does not proceed in advance of confirmation of the conditional servicing allocation, Block 50 is subject to a “no pre-sale” agreement, registered in the summer of 2009 as a condition of approval of the Eden Park Phase 1 Development. This agreement will not be lifted until the 2013 conditional allocation has been confirmed. Also, the site-specific zoning by-law enacted in June 2009 is subject to a Holding Zone provision, which will not be lifted until allocation has been assigned to this development by the Town and the Region confirms that 2013 conditional allocation is imminent.
Consideration should be given to a Section 37 contribution
The additional 103 units proposed on the site represent an increase of approximately 30% over the 335 units currently permitted by the Leitchcroft Secondary Plan and Zoning By-law 177-96. In these circumstances it would be appropriate to consider a potential Section 37 contribution for community benefits, should Council approve the application.
FINANCIAL CONSIDERATIONS AND TEMPLATE:
Not applicable
HUMAN RESOURCES CONSIDERATIONS
Not applicable
ALIGNMENT WITH STRATEGIC PRIORITIES:
The proposed applications will align with the Town’s strategic priorities of Growth Management and Municipal Services by implementing the proposed development in coordination with available servicing allocation and anticipated transit improvements along Highway 7.
BUSINESS UNITS CONSULTED AND AFFECTED:
The application has been circulated to relevant Town departments and outside agencies. All conditions and requirements received have been incorporated into the conditions of site plan approval.
RECOMMENDED BY:
________________________ ________________________
Biju Karumanchery, M.C.I.P., R.P.P. Jim Baird M.C.I.P., R.P.P.
Senior Development Manager Commissioner, Development Services
File path: Amanda\File 10 126637\Documents\Recommendation Report
ATTACHMENTS:
Figure 1 – Location Map
Figure 2 – Air Photo
Figure 3 – Area Context and Zoning
Figure 4 – Proposed Site plan
Figure 5 – Proposed Elevations
Figure 6 – Proposed Elevations
Figure 7 – Perspective view
Appendix A – Conditions of site plan approval
Appendix B – Letter from Morrison Environmental Limited re feasibility of implementing ATES system at Eden Park Phase 2
OWNER/AGENT
OWNER: 1107656 Ontario Inc.
Mr. Hashem Ghadaki, President
330 Highway 7 East, PH3
Richmond Hill ON L4B 3P8
P: 905-882-6286
F: 905-882-1573
AGENT: Malone Given Parsons Ltd.
Mr. Nick Pileggi, Sr. Planner
140 Renfrew Drive, Unit 201
Markham ON L4B 3P8
P: 905-513-0170
F: 905-513-0177
Appendix A:
Conditions of Site
Plan Approval
1. THAT
site plan approval shall lapse after a period of three years commencing December
13, 2010, in the event that site plan agreement is not executed within that
period;
2. THAT
the site plan shall comply with the requirements of By-law 177-96, as amended;
3. THAT
prior to endorsement of the site plan, the Owner shall:
a) submit the following studies to the
satisfaction of the Director of Engineering:
·
an
updated Servicing Study, to assess the capacities of the existing sanitary
sewer mains to accommodate the proposed 103 additional residential units on the
subjects lands; and,
·
a
hydrogeotechnical study;
·
a Traffic Demand Management Study.
b) submit revisions to
the following studies, if required, to the satisfaction of the Director of
Engineering:
· Environmental Noise Review;
· Traffic Impact Study Addendum, which updates the Traffic Impact Study submitted in support of the 2009 Zoning By-Law Amendment in order to address the impacts of the 103 additional units now proposed on the subject lands;
· Storm Servicing Design Brief;
· Site Servicing and Stormwater Management Brief;
· Grading Plan;
· Parking Demand/Supply Review, in support of the proposal to reduce on site parking standards from 1.5 spaces per unit to an average of 1.3 spaces per unit.
c) meet with the Fire Department
to confirm the location of Fire Department connections, private yard hydrants
and fire access route signs. The
approved location of these facilities will be shown on the revised site plan.
d) submit a surveyor’s certificate certifying
compliance with the maximum height provisions applying to the subject lands, as
set out in By-law 177-96, as amended;.
e) secure approval of the site plan from the Ministry of
Transportation.
4. That
the Site Plan Agreement shall:
a) provide for payment
by the Owner of all applicable fees, recoveries and development charges;
b) contain provisions
for satisfying Town Departments including all requirements of the Director of
Engineering, the Fire Department, Waste Management and Roads;
c) contain a clause whereby the Owner
agrees to achieve LEED Gold
for the apartment building and provide
written confirmation from a certified LEED consultant upon completion of
construction of the proposed development, that LEED Gold has been achieved, to
the satisfaction of the Commissioner of Development Services;
d) contain a clause
whereby the owner agrees to implement bird-friendly design measures within the
development;
d) contain a clause whereby the Owner agrees to grant to Bell Canada any easements that may be required for telecommunication services.