Report to: Development Services Committee                       Date of Meeting: October 17, 2006

 

 

SUBJECT:                              Times Investments Limited. (formerly Stringbridge Investments Limited)

Application for Site Plan Approval for a 10 and 12 storey, 400 unit apartment building

Northwest corner of South Town Centre Boulevard and Clegg Road 

Markham Centre

File No. SC 04 011279

 

PREPARED BY:                   Scott Heaslip, Senior Project Coordinator

                                                Central District Team, extension 3140

 

 

RECOMMENDATION:

 

  That the report dated October 17, 2006, entitled “Times Investments Limited. (formerly Stringbridge Investments Limited) - Application for Site Plan Approval for a 10 and 12 storey, 400 unit apartment building - Northwest corner of South Town Centre Boulevard and Clegg Road - Markham Centre - File No. SC 04 011279,” be received;

 

That the application for site plan approval be endorsed, in principle, subject to the conditions attached as Appendix “A” and the following:

  1. Times Investments Limited has entered into the Markham Centre Landowners Cost Sharing Agreement.  
  2. The Trustee for the Cost Sharing Agreement has advised the Town in writing that Times Investments Inc. is in good standing with the Landowners Cost Sharing Group and that the Group supports the assignment of 400 units of servicing allocation to Times Investments Limited.   
  3. Times Investments Limited has entered into an agreement with the Town committing not to pre-sell any units beyond 400 until any required approvals are in place and servicing allocation is received from the Town and the Markham Centre Landowners Cost Sharing Group.
  4. The terms of settlement for the withdrawal of the appeals to the Remington Group draft plan of subdivision accepted by Markham Council, and the appeals withdrawn, to the satisfaction of the Town.

 

And that 400 units of servicing allocation to Times Investments Limited be confirmed by Council, subject to the conditions outlined above;  

 

And that site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued once the conditions outlined above have been satisfied.  Site Plan approval is issued only when the Director has signed the site plan;

 

And that Council authorize the enactment of a by-law to remove the Hold (H) provisions on the subject lands, upon application by the Owner,  once the conditions outlined above have been satisfied;

And that the Owner participate in the enhanced hoarding program for Markham Centre, and that the Mayor and Clerk be authorized to execute a hoarding agreement in a form satisfactory to the Town Solicitor and the Commissioner of Development Services, with Times Investments Limited;

That the Mayor and Clerk be authorized to execute an agreement with the Times Investments Limited committing not to pre-sell any units beyond 400 until servicing allocation is received from the Town and the Markham Centre Landowners Cost Sharing Group;

 

And that this endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing October 17, 2006, in the event that the site plan agreement is not executed within that period.

 

EXECUTIVE SUMMARY:

 

The subject 1.46 hectare (3.6 acre) property is located at the north-west corner of South Town Centre Boulevard and Clegg Road. 

 

In June 2005, Council approved a Precinct Plan and zoning amendments to permit the development of the subject property with a 10 and 12-storey apartment building with street related ground floor commercial uses.

 

The applicant is now requesting site plan approval for the proposed development.

 

The development conforms with the Precinct Plan and complies with the Town’s zoning by-laws.       

 

Staff  recommend that Committee endorse the application and delegate site plan approval to the Director of Planning and Design, to be issued once the conditions outlined in the recommendation have been satisfied.

 

The zoning of the property is subject to a holding provision.  Staff will bring a by-law to Council to remove the hold once the recommended conditions have been satisfied.

 

FINANCIAL CONSIDERATIONS:

 

Not applicable.

1. Purpose                2. Background         3. Discussion             4. Financial         5. Environmental

 

6. Accessibility       7. Engage 21st             8. Affected Units       9. Attachment(s)

 

PURPOSE:

 

The purpose of this report is to recommend that Committee endorse the application for site plan approval for a proposed 10 and 12 storey, 400 unit residential apartment building at the north-west corner of South Town Centre Boulevard and to delegate site plan approval to the Director of Planning and Urban Design.  

 

BACKGROUND:

 

Property and Area Context

The subject property has an area of 1.46 hectares (3.6 acres), and is located at the north-west corner of South Town Centre Boulevard and Clegg Road.  The property was severed out of a larger 7.12 hectare site owned by Stringbridge Investments Limited.  To the north and west are vacant lands owned by Stringbridge Investments Limited.  To the east across South Town Centre Boulevard is an apartment building, under construction (Liberty Development Corporation).  To the south across Clegg Road is an existing 2-storey office building.  

 

Proposed development

The proposed building (Figures 5-8) includes a 12-storey component facing South Town Centre Boulevard and a 10-storey component facing Clegg Road, connected by a 6 storey link with 3-storey round shaped feature (containing an indoor swimming pool) focused on the intersection.  The South Town Centre wing contains grade related retail uses facing onto the street.  The Clegg Road wing is residential on all floors.  The residential lobby will have pedestrian access to South Town Centre Boulevard as well as to the drop off area to the rear of the building. 

 

The main body of the building consists of exterior building materials which include a mix of brick, light and dark E.I.F.S. (Exterior Insulation and Finish System) panels and metal panels.  The top tier of the building consists of both smooth and rough finish artificial stone, and pre-cast coping.  There will be a double-glazed aluminum window system and a double glazed curtain wall system, with back painted spandrel glass.  The balconies consist of glass with metal slab covers and railings, and pre-finished metal canopy dividers.

 

The building component facing the corner of Clegg Road and South Town Centre Boulevard will consist of a canopy feature fabricated of prefinished metal, with a backdrop of a double-glazed curtain wall system.

 

The submitted site plan (Figure 4) identifies a possible future apartment building on a 1 acre portion on the north-west corner of the lands.   The applicant is exploring

intensifying the use of this parcel, which would require relief from the zoning by-law and revisions to the precinct plan.  This would require Council approval.   The ultimate use of these lands will be subject to a future staff report.

 

Markham Centre Secondary Plan

The subject lands are designated “Commercia1” in the Official Plan and “Community Amenity – Major Urban Place” in the Markham Centre Secondary Plan (OPA 21).  Permitted land uses within this designation include a mix of residential, commercial, employment, and community uses.  The Major Urban Place component of this designation recognizes that the highest concentration of development and greatest variety of activities within the District will be located on lands with this designation, and that a mix of residential, commercial, employment and supporting uses will be provided, either within single buildings or within development blocks.  This proposed development is consistent with the policies of the Official Plan and the Markham Centre Secondary Plan.

 

Markham Centre Zoning By-law

The subject lands are zoned “Markham Centre Downtown Two” (MC-D2) by the Markham Centre Zoning By-law No. 2004-196. The by-law includes site performance standards relating to setback and building height permissions, along with floor area and dwelling unit limitations, which implement Council’s approval of the Precinct Plan.  The use permissions in the Markham Centre Zoning By-law permit the proposed residential and ground floor commercial uses. On  April 19, 2006 the Committee of Adjustment approved  a minor variance application by Times Investments to increase the maximum permitted retail floor area from 700 to 890 square metres, and the maximum permitted number of dwelling units from 390 to 400.  Parking is proposed in accordance with the residential requirements of the Markham Centre Zoning By-law at 1.2 spaces per unit.

 

OPTIONS/ DISCUSSION:

 

Proposed development is consistent with Precinct Plan

The Markham Centre Secondary Plan (OPA 21) requires a Precinct Plan to be prepared by the landowners on a sub-district basis to establish guidelines for detailed land use, built form, pedestrian and vehicular access and landscaping which meet the intent of the Secondary Plan. A Precinct Plan for the Times site and the adjacent Stringbridge lands was approved by Council in June, 2005.   The proposed development is consistent with the approved Precinct Plan.

 

Markham Centre Advisory has reviewed proposal

The Markham Centre Advisory reviewed the proposed development in December, 2004. The plans were subsequently refined to address the comments of the Advisory Group.

 

Overall, in reviewing the Phase 1 plan, the Advisory Group felt that Times was on-target relative to the Performance Measures document, subject to the implementation of the Green Infrastructure and energy initiatives, including the introduction of green roof on the lower components of the building, and fulfilling their commitment to connect to District Energy.

 

Green infrastructure elements proposed by Times for inclusion in the project include:

  • The building will be LEED certified.
  • The building will be connected to the District Energy network.
  • The lower building elements will include green roof technology.

 

The applicant’s commitment to provide these green infrastructure elements will be secured through the site plan agreement.

 

 

 

 

Site plan and elevations are acceptable subject to clarification of certain details

The site plan and building elevations have been reviewed, and are generally acceptable.  However, there are a few matters which require further review and resolution:

  • The retail store signage is proposed to be pre-finished aluminum back lit sign boxes.  Revisions are required to ensure consistency with the format laid out in the emerging Markham Centre Sign Bylaw.  The general design concept for store-front signage is to incorporate cut-out letters rather than back-lit signage.
  • The colour and locations of the exterior building materials need to be further described on the final building elevation drawings.

 

These items will be addressed in the final building elevation drawings to be approved by the Director of Planning and Urban Design.

 

Landscape Plans

Updated landscape plans which reflect the most recent site plan proposal will need to be submitted for review and approval.  Any landscape plans will be required to include streetscaping details, including tree planting.  An interim landscape plan will be required for any portion of the site identified for future development.

 

Applicant to enter into Cost Sharing Agreement

The applicant has indicated that he will be entering into the Markham Centre Landowners Cost Sharing Agreement. Written confirmation from the Trustee for the Landowners Group that the applicant is in good standing with the Landowners Group and that the Group supports the assignment of 400 units of servicing allocation to this project will be a condition of endorsement of this site plan application.     

 

Pre-sale agreement required

Other developers in Markham Centre, including Remington, Liberty and Tridel, have entered into agreements with the Town committing not to enter into any agreements of purchase and sale for any units unless servicing allocation has been assigned by the Town and the Markham Centre Developers Group.  Times Investments Limited has been marketing the subject development in advance of servicing allocation and site plan approval.  The recommended conditions of approval include a requirement that the Owner enter into a “no pre-sale agreement” with the Town prior to final site plan approval for any units beyond the 400 unit development recommended for servicing allocation and site plan approval by this report.       

 

Hold provisions apply

The zoning of the subject property is currently subject to a Hold (H) provision.  Staff will bring a by-law forward to Council to remove the Hold once all of the conditions outlined in the recommendation of this report have been satisfied.

 

Applicant to participate in the Markham Centre Enhanced Hoarding Program

The applicant has expressed interest in participating in the Markham Centre Enhanced Hoarding Program. The purpose of the enhanced hoarding program is to help define the Markham Centre area, identify developments as Markham Centre projects, and to co-ordinate the look and visual impact of hoarding programs in the area. In order to participate in this programme, the applicant will be required to enter into a hoarding agreement with the Town.

 

FINANCIAL TEMPLATE (Separate Attachment):

 

Not applicable

 

ENVIRONMENTAL CONSIDERATIONS:

 

This proposal has been evaluated against the Markham Centre Performance Measures and issues of green infrastructure have been addressed in this report. 

 

ACCESSIBILITY CONSIDERATIONS:

 

There are no accessibility implications for the Town in this report.  Accessibility issues related to the building will be addressed through the provision of handicapped parking spaces, site plan, and Building Code review processes.

 

ENGAGE 21ST CONSIDERATIONS:

 

The proposal aligns with the following key Town of Markham Corporate Goals: Managed Growth, Quality Community and Infrastructure Management.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

 

This application was circulated to internal departments (Fire, Building, Engineering, Design, Legal and Waste Management) and external agencies. All comments/requirements of these departments and agencies are either reflected in the site plan, landscape plans and elevations attached to this report, or will be reflected in the final plans and site plan agreement.

 

 

 

RECOMMENDED BY:

 

 

 

 

 

 

 

 

Valerie Shuttleworth, M.C.I.P., R.P.P.

Director of Planning & Urban Design

 

 

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services

 

 

 

 

ATTACHMENTS:

 

Figure 1:    Site Location

Figure 2:    Area Context and Zoning

Figure 3:    Aerial Photo

Figure 4:    Site Plan

Figure 5:    Building Elevations 

Figure 6:  Building Elevations

Figure 7:    Building Elevations

Figure 8:    Coloured Rendering                       

                                 

Applicant:                   Hashem Ghadaki

                                  Life Construction Inc.

                                  330 Highway 7

                                  Richmond Hill, Ontario

                                  L4B 3P8

                                  Telephone:   (905) 882-2552, ext. 250  

                                  Fax:              (905) 882-2553                 

                                  Email:             hashem@timesgroupcorp.com

 

 

File: Q:\development\planning\appl\siteplan\SC 04 011279\final recommendation report

 

                                 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX ‘A’

Conditions of site plan approval

 

1. That the Owner enter into a site plan agreement with the Town, containing all standard and special provisions and requirements of the Town, Region of York and other public agencies, and the specific requirements identified in the staff report.

 

2. That the site plan agreement include provisions for payment by the Owner of all applicable fees, recoveries and  development charges, and cash-in-lieu of parkland dedication.

 

3. The cash-in-lieu of parkland obligations shall be in accordance with the applicable Parkland Principles for Markham Centre and pursuant to the Markham Centre Secondary Plan and the Markham Centre Landowners Cost Sharing Group Agreement, to the satisfaction of the Commissioner of Development Services. 

4. That the Owner satisfy all financial obligations of the Markham Centre Landowners Cost Sharing Agreement.

5. That prior to submission of the final site plan and elevation drawings, the Owner shall provide a legal survey to the Town confirming the alignment of the proposed driveway onto South Town Centre Boulevard with the approved location of the driveway on the opposite side of the road.

 

6. That prior to the execution of the site plan agreement, the Owner shall submit final site plan and elevation drawings which include building materials, colours and details, for approval by the Director of Planning and Urban Design or her designate.

 

7. That prior to the execution of the site plan agreement, Landscape Plans, including streetscape details, prepared by a Landscape Architect having membership with the Ontario Association of Landscape Architects shall be submitted to the Commissioner of Development Services for approval and inclusion in the Site Plan Agreement.  The landscaping shall be installed properly, cared for and maintained to the satisfaction of the Town.

 

8. That prior to the execution of the site plan agreement, the Owner shall submit a storm water management report and a functional servicing report for approval by the Town, and to implement the recommendations of the approved reports;

 

9. That the Owner obtain all necessary approvals from the Regional Municipality of York Transportation and Works Department, and further that the Owner provide confirmation the height of the buildings meets the requirements of Transport Canada, including applicable warning clauses.

10. 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.

11. That the Owner design the site to ensure that there is no permanent underground encroachment into any municipal road right-of-way.

12. That the Owner 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 certification, green roof technology on the lower building elements, connection to the District Energy network, and the provision of bicycle storage facilities.  

13. That provisions for Fire Routes, yard hydrants, Siamese connections and other emergency access requirements be to the satisfaction of the Fire Department.

14. That provision for snow storage, sidewalk alignment and maintenance be to the satisfaction of the General Manager of Operations and Director of Engineering.

15. That the Owner pay for all costs associated with the relocation of utilities within the right-of-way, as may be required.

16. That the Owner submit for approval by the Town and implement the recommendations of an Environmental Noise and Vibration Feasibility Study.

17. That the Owner provide and implement a detailed stormwater management plan, including quality control measures/devices to the satisfaction of the Director of Engineering.

18. That the Owner provide and implement erosion control measures during construction and obtain a Topsoil Removal Permit to the satisfaction of the Director of Engineering.

19. 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.

20. That the Owner participate in the enhanced hoarding program, and that staff be authorized to enter into a Hoarding Agreement with the Owner.

21. That the site plan agreement provide for the installation of odour control units within any restaurants.