RECOMMENDATION:
That Neamsby Investments Inc. be granted a
servicing allocation of 273 units, constituting a transfer of servicing
allocation of the same number of units from their lands at the northwest corner
of Markham Road and Steeles Avenue;
And that the Region of York be advised of
the servicing allocation for this development;
And that the Town reserves the right to revoke or reallocate
servicing allocation should the development not proceed in a timely manner;
That
the Site Plan application (SC.04-014176)
submitted by Neamsby Investments Inc. to
permit a 273-unit apartment
building development at the southeast corner of Kennedy Road and Denison Street,
be endorsed for approval, with the following conditions:
1. That the final site plan and elevation
drawings be submitted to the satisfaction of the Commissioner of Development
Services, including any revisions arising from the following:
a. Recommendations of the required noise study.
b. Recommendations of the required traffic
impact study.
2.
That a Landscape Plan, including
appropriate gateway treatments, be submitted, prepared by a Landscape Architect
having O.A.L.A. membership, to the satisfaction of the Commissioner of
Development Services;
3.
That a traffic impact study be submitted
and any recommendations be implemented, to the satisfaction of the Commissioner
of Development Services;
4.
That the appropriate zoning be in effect
through the Milliken Main Street implementing zoning by-law (By-law 2005-250)
or through a site-specific amendment;
5.
That a noise study be submitted and any
recommendations be implemented, to the satisfaction of the Commissioner of
Development Services;
6.
That an environmental site assessment be
submitted to the satisfaction of the Town and appropriate agencies, identifying
any required remediation to residential standards;
7.
That the Owner comply with all
requirements of the Town and authorized public agencies, to the satisfaction of
the Commissioner of Development Services;
8.
That the Owner enter into a site plan
agreement with the Town, containing all standard and special provisions and
requirements of the Town and public agencies including the following:
a.
Provision for the payment by the Owner
of all applicable fees, recoveries, development charges, parkland dedications
and financial obligations related to applicable Developers Group Agreements;
b.
Provision for a letter of
credit for the full value of the estimated area-specific development charge
amount, to be determined by the Director of Engineering;
c.
Provision for contribution
towards community and infrastructure facilities (including, but not limited to,
the school site north of Victory
Avenue), where the costs
of these facilities are not included within the estimated area-specific
development charge amount;
d.
Provision requiring the Owner
to provide a driveway access easement
over the southerly driveway in favour of the property to the south, if and when
required by the Town.
9. That the Owner submit a satisfactory parking
study to justify a reduction in the parking standard for this development and
obtain a minor variance or zoning amendment to the Town’s parking standards;
10. That a
site plan agreement be executed prior to final site plan approval;
11. And that
the site plan approval shall lapse after a period of three years commencing September 20,
2005, in the event a site plan
agreement is not executed within that period.
PURPOSE:
The purpose of this report is to recommend approval in principle,
subject to conditions, of the site plan application by Neamsby Investments Inc to permit a 273-unit apartment
development at the southeast corner of Kennedy Road and Denison Street.
BACKGROUND:
Subject lands and area context
The subject property is located
at the southeast corner of Kennedy
Road and Denison Street
(Figure 1), and consists of an area of approximately 1.84 hectares (4.6
acres). The lot is triangular in shape
with 163 metres (535 ft) of frontage on Kennedy Road,
115 metres (377 ft) frontage on Denison Street
and 32 metres (105 ft) frontage on Old Kennedy Road. The site is vacant with
no mature vegetation.
Surrounding land uses include
vacant residential lands to the south, a commercial plaza to the west across
Kennedy Road, a commercial/residential plaza and a low density residential
community to the north across Denison Street, and a low density residential
community to the east across Old Kennedy Road (Figures 2 and 3).
Subject lands are within the Milliken Main Street Secondary Plan Area
The subject lands are within the
Milliken Main Street Secondary Plan Area.
A Secondary Plan and implementing zoning by-law for the Milliken Main
Street study area were adopted by Council on June 28, 2005. The Secondary Plan has been forwarded to the
Region of York for approval.
The Secondary
Plan designates the subject lands as Urban Residential – High Density II which
permits apartment development within a density range of 99-148 units per net
hectare (40-60 units per net acre) with a maximum height of 8 storeys.
Proposal is for 273 apartment
units in two buildings
The proposal,
as shown on the site plan and elevations (Figures 4 to 6), consists of 273 apartment
units in two buildings, ranging in height from four to eight storeys. Building A, most of
which faces Kennedy Road, steps down from 8 storeys at the north (Denison Street)
end of the building to six and four storeys near the southern limit of the
property. Building B, facing Denison Street
and Old Kennedy Road, is predominantly 8 storeys in height, stepping down to 4 storeys
at Old Kennedy Road. Buildings A and B are
connected by a common entrance area. The
majority of the units are proposed to be two-bedroom units, with the total unit
mix consisting of 63 one-bedroom
units, 174 two-bedroom units, 18
two-bedroom plus den units and 18 three-bedroom units.
The proposed development has a density of 148 units
per hectare (60 units per acre) and
a floor space index (FSI) of 1.6.
Access is
proposed from restricted moves (right-in/right-out) driveways on both Kennedy Road
and Old Kennedy Road. The driveway on Kennedy Road
aligns with the shopping centre driveway on the west side of Kennedy Road. A total of 376 parking spaces are provided,
primarily in an underground parking garage.
Eighteen visitor parking
spaces are provided at grade. The
underground parking includes 85 visitor parking spaces and 273 spaces for
residents.
The proposal includes amenity
space including a recreational facility, an outdoor playground as well as a
landscaped square, in the form of an enclosed private landscaped area, at the
corner of Kennedy Road and Denison
Street.
DISCUSSION:
Proposal complies with the Official
Plan and the Milliken Main
Street Secondary Plan;
zoning has been enacted by Council but is not yet in effect
The development complies with
both the Commercial Corridor Area designation in the Official Plan which
provides for medium and high density residential development in appropriate
locations, and the Urban Residential–High Density II designation in the
Milliken Main Street Secondary Plan. The proposed development, with a density of 148
units per net hectare (60 units per net acre) and a maximum height of 8
storeys, is in conformity with the Secondary Plan currently awaiting final
approval by the Region.
Additional policies in the
Secondary Plan which affect the subject site are the requirements for the
landscaped square provided at the southeast corner of the Kennedy Road/Denison Street intersection, and the identification of the Old Kennedy Road/Denison Street intersection as a gateway
into the Milliken Main Street community. The massing of Building ‘B’ at the
intersection of Old Kennedy
Road and Denison Street
provides a strong physical and architectural edge to the new community. Additional gateway treatments in the form of
landscaping will be pursued through the landscape plan.
The Secondary Plan also requires
that development in the High Density II designation be subject to
implementation of the recommendations of an operational review of the Old Kennedy Road/Denison Street intersection. The recommendations of the recently completed
Safety Audit, which were endorsed when Council approved the Secondary Plan in
June 2005, do not include property impacts to the subject site. The recommended improvements related to changes to signal poles, signs and pavement markings to improve the safety of the intersection.
The
implementing zoning by-law (By-law 2005-250) for the Milliken Main Street
Secondary Plan Area, approved by Council in June 2005, provides for the required
zoning of these lands. The implementing
by-law will not come into effect until the Secondary Plan receives Regional
approval, and appeals are resolved. Two appeals have been filed with respect to
the zoning by-law, although not specifically for this site.
As the
proposed development complies with the current Official Plan designation (and
therefore does not rely on approval of the Secondary Plan), it is recommended
that site plan approval be conditional on the appropriate zoning being in
place, either through By-law 2005-250 coming into effect, or the approval of a
site-specific by-law amendment. A site-specific
zoning by-law could contain identical zoning provisions for the property as in
the implementing zoning by-law for the Secondary Plan and would be subject to the
same Holding provision as the Milliken Main Street implementation by-law (i.e.,
Hold removal subject to execution of a site plan agreement, availability of servicing
and transportation infrastructure, remediation of any contaminated soils, and
payment of an amount equivalent to the anticipated area-specific development
charges and contributions towards community facilities).
If the implementing
zoning by-law for the Milliken Main Street Secondary Plan is delayed through
the Regional Secondary Plan approval process, the
Public Meeting authorized by Council in February, 2005 for the site specific
rezoning application for this property would be held and a site specific zoning
amendment brought forward for Council’s consideration.
Issues
identified through site plan review have been addressed and site plan is
acceptable
Site plan and elevations
consistent with urban design vision
The site layout and
elevations are in keeping with the urban design vision for the Milliken Main
Street Secondary Plan area. The
buildings are located close to the street, providing a strong street edge along
all three frontages. A more direct relationship between ground
floor units and the street has been incorporated in the site plan. Ground floor units have direct access to
private amenity/patio areas facing Kennedy Road
and Denison Street. Door and window treatments
have been designed to emphasize the door locations. A low retaining wall along a portion of the Denison Street frontage
will be incorporated into the landscaping. Sidewalks will be provided along the Kennedy Road, Denison Street and Old Kennedy
Road frontages. Driveways,
at-grade parking and access to the underground parking garage are located at
the rear of the site.
The number of units has been
reduced from 275 to 273 to comply with the Secondary Plan and zoning
by-law. The final site plan will reflect
273 units.
Recreational and open space is provided
through a recreational facility (pool, multi-function room, exercise room,
video room, billiards, etc.) within Building ‘A’, an outdoor playground in the
interior of the site, and a private landscaped square at the Kennedy Road/Denison Street intersection. The square will
consist of soft landscaping, with a sufficient number of trees to provide a
green canopy.
A square at
this intersection has always been a component of the urban design vision for
the Milliken Main Street study area in either a public or private form. Staff
are of the opinion that the square should be in private ownership, given
the location and context of the square are part of a purely residential
development, the size of the square, and the desire to concentrate public
parkland in the area of the proposed Neighbourhood Park to the
south of the subject property. As no
retail/commercial uses requiring public access are proposed within the proposed
development (due to the amount of existing commercial space to the west and
north of the site), there is no need for public access through the square to
the proposed development. Although the
square will remain in private ownership and will not be accessible to the
public (i.e, decorative fencing is proposed along the
perimeter), the square will still provide a visual focus for this portion of
the Milliken Main Street Secondary Plan Area.
In addition, public seating is proposed adjacent to the square along
both Kennedy Road and Denison Street frontages. The proposed
seating on Kennedy Road, a Regional right-of-way, will be finalized in consultation with
the Region of York.
Overall, the
proposed development with its massing and the significance of the undertaking
at this gateway location is expected to set the stage and serve as a catalyst
for the redevelopment/revitalization of the north end of the area, if not the
entire Study Area.
Integration of the proposed
development with the vacant parcel and Gorvette Road extension to the
south
An
extension of Gorvette Road eastward is proposed in the draft Secondary Plan as a link between Kennedy Road
and Old Kennedy Road but the subject property is separated from the proposed Gorvette
Road extension by a vacant
parcel to the south. As previously
noted, access is provided from Kennedy Road and Old Kennedy
Road through right-in/right-out entrances. A connection to the proposed Gorvette Road extension would be desirable when the property to the south is
developed. In fact, connectivity between
the properties is desirable from a traffic management point of view as such
connectivity would help to disperse traffic and reduce traffic impacts/volumes
at the various intersections.
Therefore,
as a condition of site plan approval, the applicant is required to provide a
driveway access easement over the southerly driveway in favour
of the property to the south, if and when required by the Town. When reviewing applications for the property
to the south, a similar condition requiring that property to provide an access
easement to the subject property can be required.
Old Kennedy Road/Denison Street intersection improvements
As indicated
previously, recommendations arising from the recently completed Safety Audit of
the Old Kennedy Road/Denison
Street intersection do not
include any road widening on this site.
However, a road widening for an east bound right turn lane on Denison Street
may be required to accommodate ultimate development in the Milliken Main Street
Secondary Plan area as per the Transportation Study completed in support of the
Secondary Plan. The site plan appears to
be capable of accommodating a turning lane if required and this will be
confirmed through the final traffic study. In addition, the nature of the access from Old Kennedy Road is under review and will also be determined through the traffic
study. It is recommended that site plan
approval be conditional on receipt of the study, and incorporation of its
recommendations, as required.
Parking
study is required
The 376 parking spaces provided fall short (by
34 spaces) of the 410 spaces required by the Town’s parking by-law at the rate of
1.5 spaces per unit (including visitor parking). The applicant is preparing a parking study to
justify the parking deficiency and will be applying for relief from the Town’s
parking standards through a minor variance.
It is recommended that site plan approval be conditional on approval of
the parking study, and the approval of a minor variance
or zoning amendment to the Town’s parking standards.
Servicing
and stormwater management
Servicing and
stormwater management studies are under review.
Based on preliminary information problems are not anticipated.
Servicing
allocation
The applicant is proposing to transfer 273 units of approved
allocation from another high density residential development site at the
northwest corner of Markham
Road and Steeles Avenue, which is also owned by the applicant. A hold on the zoning of the site at Markham Road
and Steeles Avenue was
approved by Council in April, 2005 in order to implement the transfer of
allocation. It is recommended that the
applicant be granted a servicing allocation of 273 units, constituting a
transfer of servicing allocation of the same number of units from the lands at
the northwest corner of Markham
Road and Steeles Avenue.
Noise study
A noise study
is required to identify appropriate mitigation measures for noise generated from
Kennedy Road and Denison Street. It is recommended that
site plan approval be conditional on the receipt of the study, and
incorporation of any required mitigation measures into the site plan as
required.
Financial
contributions with respect to an area-specific development charge by-law and
cost-sharing for park/school sites
An
area-specific development charge by-law is currently being prepared for the
Milliken Main Street Secondary Plan Area.
The applicant will be required to deposit a letter of credit for the
full value of the estimated charges, to be determined by the Director of Engineering at the site
plan agreement stage.
The Owner
will also be required to enter into a developers group agreement with owners of
lands identified for a Neighbourhood Park and school site north of Victory
Avenue, or make alternate arrangements with the Town, regarding the payment of
a proportionate share of the cost of these and other applicable community
facilities, prior to execution of the site plan agreement.
Environmental clearance for
residential uses
The Milliken Main Street
Secondary Plan requires that prior to development, the proponent must
demonstrate to the satisfaction of the Town, that the
environmental condition of the property is suitable for the proposed land use
and will not result in adverse effects to human health or the natural
environment. An environmental site
assessment will be required as a condition of site plan approval, and any
required remediation measures will be required to be implemented prior to
development.
Issues raised at July 7, 2005 public information meeting have been addressed to staff’s
satisfaction
Concerns raised at the Public Information Meeting were related
to the relationship of the proposed development to the community, traffic and
timing of road improvements, and visual impact of Building ‘B’ from north side
of Denison Street.
Relationship
to community – the concern was that the development
not be isolated from the rest of the community and
that areas not be created that could result in undesirable meeting/loitering
places. As indicated at the meeting,
dual entries to the building from the front and the rear will help ensure that
these undesirable spaces are not created.
The direct grade access provided from ground floor units at the front
and back of the buildings will also assist with providing a greater degree of
resident surveillance which will discourage loitering.
Traffic
and timing of improvements – concerns were expressed
about the level of existing traffic and how the proposed development would be
handled without short term traffic improvements. It was also suggested that the Gorvette Road extension should be required as a condition of approval of the
proposed development. Although the
construction of the Gorvette Road extension would improve access to the site, the Town’s
Transportation Engineering Group has advised that the anticipated traffic
generated by the proposed development can be accommodated by the current road
network without any significant impacts.
Improvements currently planned for the area road network (e.g., Kennedy Road
widening and grade separation, Steeles Avenue
widening and grade separation, Gorvette Road extension etc.) will improve the management of the additional
traffic generated within the Milliken Mills Study Area. However, the Gorvette Road extension is not required to accommodate the proposed apartment
development.
Visual
impact of Building ‘B’ – the concern is that the
8-storey portion of Building ‘B’ would have a negative visual impact on the low
density residential community north of Denison Street. The majority of the 8 storey portion of
Building ‘B’ is across from the mixed-use plaza to the north, across Denison Street. There are no single family units on the north
side of Denison Street that are directly fronting or backing onto Denison Street
across from the proposed building (see Figures 2 and 3). In addition, there is a separation distance of
a minimum 38 metres (125 feet) between the proposed building and existing low
density lots north of Denison
Street. Further,
to reduce the visual impact of the building where it would have the most impact
on existing low density residential developments, a 6-storey portion of the
building at the corner of Denison
Street and Old Kennedy Road has been reduced to 4 storeys.
The location and height of the proposed building is acceptable.
FINANCIAL
CONSIDERATIONS:
None at this
time.
ENVIRONMENTAL CONSIDERATIONS:
None at this time.
ACCESSIBILITY CONSIDERATIONS:
The site plan has been reviewed with respect to the accessibility
guidelines and was found to be acceptable.
Landscape plans will be reviewed for conformity with the accessibility
guidelines, prior to final site plan approval.
ENGAGE 21ST CENTURY CONSIDERATIONS:
The proposed development promotes a number of key goals set out in
"Engage 21st Century Markham" by providing for efficient
use of infrastructure, transit-supportive land use patterns and density,
compact development and high levels of architectural and urban design.
BUSINESS UNITS
CONSULTED AND AFFECTED:
All Town
departments and external agencies have been circulated with these applications
and all comments have been considered in this report.
|
|
|
|
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Valerie
Shuttleworth, M.C.I.P., R.P.P.
Director
of Planning & Urban Design
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Jim Baird, M.C.I.P., R.P.P.
Commissioner
of Development Services
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DOCUMENT: Q:\Development\Planning\APPL\SITEPLAN\04 014776
Neamsby Kennedy Denison\Final DSC Rpt 20sept05.doc
Figure 1: Location Map
Figure 2: Area Context/Zoning
Figure 3: Air Photo
Figure 4: Site Plan
