Report to: Development Services Committee Date of Meeting: June 20, 2006

SUBJECT: Liberty Development Corporation (2015776 Ontario Inc.)

Application for Site Plan Approval

Third Residential Building within Phase 1 and the conversion of the approved suites hotel building to residential use

Southeast corner of Highway 7 & South Town Centre Boulevard

File No. SC 04 026723

PREPARED BY: Scott Heaslip, Senior Project Coordinator

Central District Team, extension 3140

RECOMMENDATION:

That the report dated June 20, 2006, entitled “Liberty Development Corporation (2015776 Ontario Inc.) - Application for Site Plan Approval - Third Residential Building within Phase 1 and the conversion of the approved suites hotel building to residential use - Southeast corner of Highway 7 & South Town Centre Boulevard,” be received;

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

The Owner has entered into the subdivision agreement for draft plan of subdivision 19TM-030010.
Council has approved an additional 500 units of servicing allocation to Markham Centre as provided for in the June 20, 2006 report entitled “Servicing Allocation.”
The Markham Centre Developers Group Agreement has been executed and that Liberty Development Corporation is one of the signatories to the agreement.
The Trustee for the Developers Group has advised the Town in writing of support for the assignment of 276 units of servicing allocation to Liberty Development Corporation.

And that 276 units of servicing allocation be granted by Council to Liberty Development Corporation, 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 once the conditions outlined above have been satisfied and a site plan agreement has been executed;

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 Liberty Development Corporation;

That the Mayor and Clerk be authorized to execute an amendment to the existing “No Pre-sale Agreement” with Liberty Development Corporation to reflect the increase in the number of units having servicing allocation, subject to Conditions 2 and 4, above;

And that this endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing June 20, 2006, in the event that the site plan agreement is not executed within that period.

EXECUTIVE SUMMARY:

Liberty Development Corporation’s Markham Centre project occupies the majority of the block bounded by Highway 7 to the north, Warden Avenue to the east, Cedarland Boulevard to the south and Town Centre Boulevard to the west. The Hilton Suites Hotel/ Conference Centre occupies the remainder of the block.

In June, 2004, Council approved a Precinct Plan, zoning amendments and a draft plan of subdivision to permit the development of Liberty’s lands as follows:

Phase 1 (the area to the north of the future Clegg Road extension):

a 13 and a 6 storey office building with grade related retail, facing onto to Highway 7.
Four residential buildings ranging in height between 8 and 16 storeys (maximum of 640 dwelling units). The use permissions in the Markham Centre Zoning By-law permit both the residential uses and the previously approved suites hotel.

Phase 2 (the area between the Clegg Road extension and Cedarland Drive):

ten residential buildings ranging in height between 8 and 16 storeys (maximum of 1158 dwelling units).
two park blocks totalling 1.3 hectares (3.2 acres).

The required subdivision agreement is currently being finalized for execution by the Owner and the Town.

In May, 2005, Council granted site plan approval for Phase 1A, which includes a 12 storey and a 5 storey office buildings, two residential buildings fronting on South Town Centre Boulevard, a “suites” hotel and the two level underground parking garage for the entire Phase 1 development, utilizing 311 units of servicing allocation assigned to the project by Council from the Markham Centre Allocation (the office and hotel components do not require allocation).

This approval essentially fixed the location and configuration of all of the remaining buildings in the Phase 1 area. The Owner subsequently entered into a site plan agreement with the Town for the two office buildings, which are now under construction, and will be initiating a site plan agreement for the first two residential buildings shortly. The applicant is now requesting the following (Figures 4 - 8):

site plan approval for the third residential building within the Phase 1 lands, a 10 storey, 153 unit condominium apartment building fronting on the future Clegg Road extension, and
the conversion of the 8-storey, 148 unit suites hotel building to a 9-storey, 123 unit residential building.

As noted above the footprints of these building were essentially fixed by the Phase 1A approval. The building elevations of both proposed buildings are consistent with the Phase 1A residential buildings and are acceptable.

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 lands to be occupied by the proposed residential buildings is currently 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.

Property and Area Context

Liberty Development Corporation’s Markham Centre lands, having an area of 7.4 ha (18.1 acres), occupy the majority of the block bounded by Highway 7 to the north, Warden Avenue to the east, Cedarland Drive to the south and Town Centre Boulevard to the west. (Figures 1 - 3)

To the north across Highway 7 is the Markham Civic Centre. To the south across Cedarland Drive is IBM Canada’s day care facility. To the north-east is the Hilton Suites Hotel and Conference Centre. To the west across South Town Centre Boulevard are vacant lands and a 2-storey office building.

Proposed development

The applicant is requesting site plan approval for the following (Figures 4 - 8):

The third residential building within Liberty’s Phase 1 lands. The 10 storey, 153 unit, building will front on the Clegg Road extension.

The conversion of the approved suites hotel building to residential use. The 9 storey, 123 unit residential building will front onto a new north-south road to be constructed between the Liberty and Hilton Suites properties.

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 MC-D1 and 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 draft plan of subdivision and Precinct Plan. The use permissions in the Markham Centre Zoning By-law permit both the residential uses and the previously approved suites hotel.

OPTIONS/ DISCUSSION:

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 Liberty site in context with the Leisureworld (Hilton Suites) lands was approved by Council on June 30, 2004. The proposed development is consistent with the Precinct Plan.

Markham Centre Advisory has reviewed proposal

The Markham Centre Advisory reviewed the plans for all of Phase 1 (the area north of the Clegg Road extension) at their meeting of April 14, 2005. The plans were subsequently refined to address the comments of the Advisory Group, as follows:

By increasing the landscaped area within a reconfigured surface parking lot
By expanding the width of the sidewalk and introducing enhanced material around the office parking lot
Through the additional use of alternate materials, including pavers within the parking areas and the courtyard, to soften their appearance
By adding additional glazing at the upper levels of the buildings to provide a change of material and thereby reduce the verticality of the buildings
By adding additional horizontal precast banding within the buildings to de-emphasize their height
Through the use of consistent materials and design elements in the base of the buildings.

Overall, in reviewing the Phase 1 plan, the Advisory Group felt that Liberty was on-target relative to the Performance Measures document, subject to the implementation of the various Green Infrastructure and energy initiatives which Liberty identified (including the introduction of green roofs on the lower retail component of the mixed retail - residential building within the plan), and fulfilling their commitment to connect to District Energy.

Green infrastructure elements identified by Liberty for inclusion in the project include:

Connecting all buildings to the District Energy network.
The use of operable windows wherever possible.
The use of low flow plumbing fixtures.
Individual sub-meters within each suite to identify opportunities to reduce consumption.
The introduction of green roof technology within the lower building elements of the plan.

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

Site plan and building elevations are acceptable

The site plan and building elevations of the proposed buildings are generally consistent with the overall Phase 1 plan approved by Council in May 2005, and are acceptable.

Minor Variances are required

On June 14, 2006 the Committee of Adjustment will be considering a minor variance application for the Phase 1 lands, including the proposed third residential building. The variance requests an increase in the maximum permitted residential and commercial parking; an increase in the number of surface parking spaces; certain building components to be set back a greater distance from the adjoining street than permitted; and loading spaces to be closer to the adjoining street than permitted.

These variances were recognized in the May 2005 staff report (site plan approval for the office buildings, the two residential buildings fronting on South Town Centre Boulevard and the suites hotel), and will need to become final before building permits can be issued.

Developers Group Agreement being finalized

The major developers in Markham Centre are currently finalizing a Developers Group Agreement. Execution of this agreement is a condition of final approval of the subject site plan application.

Servicing allocation required

A staff report recommending the distribution of the latest servicing capacity assigned to the Town of Markham by the Region of York is also on the agenda of the June 20, 2006 Development Services Committee meeting. The report recommends that an additional 500 units be assigned to Markham Centre, in addition to the 1189 units previously assigned to Markham Centre and not allocated to individual projects. A condition of approval of the subject site plan application is that Council has approved the allocation of 500 units to Markham Centre, that the Developers Group Agreement is executed, and that the Trustee for the developers group supports the assignment of servicing allocation to this project.

Hold provisions apply

The sites of the proposed third residential building and the suites hotel building are currently subject to a Hold (H) provision. The conditions for removal of the Hold are:

· that the subdivision agreement for the entire holding has been executed;

· that servicing allocation for each applicable phase of the development has been granted; and

· that a site plan agreement for each applicable phase of development has been executed.

Staff will bring a by-law forward to Council to remove the hold once the following conditions have been satisfied:

The Owner has entered into the subdivision agreement for draft plan of subdivision 19TM-030010.
Council has approved an additional 500 units of servicing allocation to Markham Centre as provided for in the June 20, 2006 report entitled “Servicing Allocation.”
The Markham Centre Developers Group Agreement has been executed and that Liberty Development Corporation is one of the signatories to the agreement.
The Trustee for the Developers Group has advised the Town in writing of support for the assignment of 276 units of servicing allocation to Liberty Development Corporation.
The Owner has entered into a site plan agreement with the Town for the proposed development containing the general and specific provisions outlined in Appendix “A”;

It should be noted that as a condition of Draft Plan Approval, Liberty executed an agreement with the Town, which has been registered on title, committing not to enter into any agreements of purchase and sale for any units within the plan area unless servicing allocation has been assigned by the Town and the Markham Centre Developers Group and available capacity has been confirmed in writing by the Town and Region. This agreement will need be amended to reflect the increase in the number of units having servicing allocation.

Applicant to participate in the Markham Centre Enhanced Hoarding Programme

The applicant has expressed interest in participating in the Markham Centre Enhanced Hoarding Programme. The purpose of the enhance hoarding programme 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 programmes 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.

ENGAGE 21^ST 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:

The applications have been circulated to applicable departments and agencies for comment, and their requirements have been included as conditions of approval.

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 - Third Residential Building

Figure 6: Building Elevations - Third Residential Building

Figure 7: Building Elevations - Fourth Residential Building (former suites hotel)

Figure 8: Building Elevations - Fourth Residential Building (former suites hotel)

Applicant: Lezlie Phillips

Liberty Development Corporation

505 Highway 7 East

Thornhill, Ontario

L3T 7T1

Telephone: (905) 731-8687

Fax: (905) 760-2601

Email: lezlie@libertydevelopment.ca

File path: Q:\Development\Planning\APPL\SITEPLAN\04 026723 Liberty Phase 1, third res bldg\recommendation report.doc

APPENDIX ‘A’

General and specific provisions to be included in the site plan agreement:

1. The Owner shall 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 the specific requirements identified in the staff report, prior to site plan approval.

2. Payment by the Owner of all applicable fees, recoveries, and development charges.

3. Owner to satisfy all requirements of Town Departments and authorized public agencies, to the satisfaction of the Commissioner of Development Services.

4. Owner to obtain variances for relief from the parking and setback requirements of the by-law, as outlined in the May 24, 2005 and June 20, 2006 staff reports.

5. Owner to obtain all necessary approvals from the Regional Municipality of York Transportation and Works Department.

6. Owner to submit final drawings including, but not limited to, site plans and elevation drawings, 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.

7. Owner to 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, prior to the execution of the site plan agreement.

8. Owner to provide and implement a comprehensive Green Infrastructure plan which includes the introduction of green roof technology on the lower building elements within the plan and connection to the District Energy network to the satisfaction of the Town, as outlined in the May 24, 2005 and June 20, 2006 staff reports.

9. Owner to provide confirmation that the height of the buildings meets the requirements of Transport Canada, including applicable warning clauses.

10. Owner to participate in the enhanced hoarding program for Markham Centre and enter into a Hoarding Agreement with the Town.