Report to: Development Services Committee                   Report Date: September 21, 2010

 

 

SUBJECT:                         RECOMMENDATION REPORT

                                            Times Group Inc. 

                                            South side of Highway 7, west of Village Parkway

                                            Application for site plan approval for a mixed-use development being the first phase of the Uptown Markham development

                                            File No. SC 10 110395    

                                                 

PREPARED BY:              Scott Heaslip, Senior Project Coordinator, Central District

 

 

RECOMMENDATION:

 

1)                  That the staff report entitled “Times Group Inc., South side of Highway 7, west of Village Parkway, Application for site plan approval for a mixed-use development being the first phase of the Uptown Markham 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 required servicing allocation for the proposed development or any proposed phase thereof, is available and has been assigned to the Times Group Inc.

·         The Trustee for the applicable cost sharing group has advised the Town in writing that the Owner is in good standing with the group.

·         The holding provision has been removed from the zoning of the subject lands, or any proposed phase thereof, 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)                  That Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

EXECUTIVE SUMMARY:

 

Not applicable.

 

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

 

5. Others (HR, Strategic, Affected Units)                                   6. Attachment(s)

PURPOSE:

 

The purpose of this report is to discuss and recommend endorsement, in principle, of site plan approval of the first residential buildings in the Times Group Uptown Markham Development.   

 

BACKGROUND:

 

Subject Lands (Figures 1, 3 and 4)

The subject lands have an area of 1.27 ha (3.14 acres) and are located at the south-west 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” (MC-D2*11(H1 H2) by By-law 2004-196, as amended.  This zoning was approved by the Ontario Municipal Board on May 19, 2010.  

 

Proposal (Figures 5-8)

The proposed development consists of two mixed-use buildings accommodating a total of 581 apartment units and 1114 square metres (11,992 square feet) of ground floor commercial use. 

 

The northerly building comprises an 8-storey section along the Highway 7 frontage, a          7- storey section extending down Street “B” (Birchmount Road) and a 3-storey section extending down Street “F.”  This building will accommodate 206 apartment units (186 1-bedroom and 20 2-bedroom units) and 480 square metres (5,167 square feet) of street related ground floor commercial area facing onto Birchmount Road.  

 

The southerly building comprises two 20-storey towers, a 6-storey section along Street “B” (Birchmount Road), a 2-storey section along Street “C,” a 5-storey section along Street “F” and a 3-storey section in the area between the towers.  This building will accommodate 375 apartment units (203 1-bedroom and 172 2-bedroom units), 634 square metres (6,825 square feet) of street related ground floor commercial area facing onto Birchmount Road. The 3-storey component will incorporate a green roof.   

 

The first two floors of the buildings will be differentiated from the floors above through the use of horizontal pre-cast concrete at the top of the second floor level.  The middle floors will be primarily faced with medium brown brick with vertical pre-cast concrete banding to accentuate the height of the buildings.  The top two floors will be faced with pre-cast concrete panels, which will extend up to enclose the roof top mechanical penthouses and ventilation equipment.      

 

OPTIONS/ DISCUSSION:

 

Subdivision and implementing zoning have been 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-laws.

 

The zoning by-law approved by the OMB permits:

·        up to a total of 4500 residential units in the entire subdivision.

·        a minimum of 40,800 square metres (approx. 440,000 square feet) of employment – primarily office – uses, focused on the Warden Avenue/Highway 7 intersection.

·        commercial uses mandated in the ground floor level of buildings in key locations including the Birchmount Road and Verdale Crossing frontages and permitted on the ground floor level of buildings throughout the development.

·        an “interim commercial development” in a conventional suburban format with surface parking in the block east of Birchmount Road.  These commercial uses are intended to ultimately be relocated into mixed-use buildings on this or other blocks within the plan of subdivision, facilitating the redevelopment of this block with high density mixed-use buildings.  

·        maximum building heights ranging from 8 storeys  to 20 storeys, with the lower buildings generally along Highway 7 and the taller buildings generally towards the south and west portions of the plan. 

·        maximum tower floorplates, minimum tower separations, minimum podium heights and minimum building setbacks in accordance with the principles of the precinct plan and the Built Form and Massing Study.     

 

Proposed development complies with zoning by-law approved by OMB and is consistent with Town’s built form objectives

The proposed development is street related and incorporates mid-rise (3-8 storey) podiums along the street frontages, ensuring a comfortable human scale, enhanced by a high quality public realm, including generous sidewalks. With the exception of a small number of visitor parking spaces, all of the parking is within a two level underground parking garage and an enclosed one level above grade parking structure.

 

The proposed built form and massing are generally acceptable

Refinements are required to the architectural detailing and the exterior materials to address the following items: 

 

The final landscape plans will be required to include usable and well-designed outdoor patios, pedestrian scale lighting, bicycle parking, street furniture, public art, and adequate screening of garbage/loading facilities and mechanical equipment (such as switchgear and transformers).  

 

The proposed development is scheduled to be reviewed by the Markham Centre Advisory in September.  The comments of the Advisory will be addressed in the final project plans.   

 

Environmental and sustainability initiatives

The proposed development will:

·        be LEED Gold certified.

·        be connected to District Energy.

·        incorporate extensive green roof areas.

·        incorporate a state-of-the-art stormwater management system that will enhance water balance while achieving quality objectives through the use of permeable paving, underground infiltration, detention galleries and other techniques.

·        incorporate bicycle storage facilities.

·        incorporate car share facilities.

 

Staff will ensure that appropriate Fatal Light Awareness Program (FLAP) measures are incorporated into the final project plans.

 

Allocation needs to be confirmed and required infrastructure secured

The trustee for the Markham Centre Landowners Group is currently holding an approved 2011/2012 allocation of 1160 units and advises that the group proposes to assign 349 units of this allocation to the Times Group for the proposed development.  Factoring in a 40% bonus (232 units) for the proposed LEED Gold certification, this translates to a potential available allocation of 581 units, which is the total number of units currently proposed.  Written confirmation of assignment of sufficient allocation will be required prior to the removal of the holding provision from the zoning and the issuance of building permits (including conditional permits).   

 

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, servicing allocation needs to be confirmed and 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.

 

It should be noted that the applicant has entered into an agreement with the Town committing not to market any residential units for which servicing allocation has not been confirmed.   This was a pre-condition of the Ontario Municipal Board order approving the applicant’s subdivision and zoning applications.

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

 

Not applicable.

 

HUMAN RESOURCES CONSIDERATIONS

 

Not applicable.

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

 

The proposed development supports a number of the Town’s Strategic Priorities, as follows:

Growth Management and        - intensification along a transit corridor

Transportation/Transit             -  project to be LEED Gold certified and incorporate a 

Environment                              broad range of sustainable development features. 

 

 BUSINESS UNITS CONSULTED AND AFFECTED:

 

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

 

ATTACHMENTS:

 

Figure 1 - Location Map

Figure 2 - Area Context

Figure 3 - Air Photo

Figure 4 - Draft approved plan of subdivision

Figure 5 - Site plan

Figure 6 - Elevations

Figure 7 - Elevations

Figure 8 - Elevations

 

APPENDIX ‘A’  Conditions of Site Plan Approval

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX A

Conditions of Site Plan Approval

Times Group Inc.

South side of Highway 7, west of Village Parkway

Markham Centre Community

           

Prior to the execution of the site plan agreement, the Owner shall submit:

  1. site plans, elevation drawings (including building materials, colours and details), 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.

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 to 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 gold certification, green roof technology on the lower building elements, connection to the District Energy network, and the provision of bicycle storage facilities. 
  5. Provisions to ensure implementation of the recommendations of the approved reports.
  6. Provisions to secure implementation of the of the approved Transportation Demand Management (TDM) plan.
  7. Provisions for satisfying all requirements of Town departments and public agencies.
  8. Provisions to ensure that any restaurant uses are equipped with odour control units.    
  9. Provisions to ensure implementation of the recommendations of an Environmental Noise and Vibration Feasibility Study.
  10. That the Owner comply with all requirements of the Town and authorized public agencies, including Power Stream to the satisfaction of the Commissioner of Development Services.
  11. That the Owner provide provided 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: Amanda\File 10 110395\Documents\Recommendation Report