RECOMMENDATION:
That the implementing by-law for the Milliken Main
Street Secondary Plan be amended to delete the lands municipally known as 90 and
108 Old Kennedy Road;
That
the draft Zoning By-law, attached as Appendix ‘C’, be finalized and enacted;
That Old Kennedy Co-operative Development Corporation be granted a
servicing allocation of 135 units
from the Town reserve, contingent on York Region confirming its acceptance of
the Town’s proposed flow control option, as discussed in the February 15, 2005
report on Servicing Allocation from the Director of Engineering and the
Director of Planning and Urban Design;
That the applicant agree to pay their proportionate share of the Hwy.
48 flow control measures, to the satisfaction of the Director of Engineering.
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.04-009105)
submitted by Old Kennedy Co-operative Development
Corporation to permit a 135-unit
townhouse and stacked townhouse development with 5 retail units, at 90 and 108 Old Kennedy Road, be approved
subject to 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 and
vibration study.
b. Recommendations of the required traffic
impact study.
c. Provision of a temporary turning circle to
Town standards.
d. Configuration of
the safety berm to the satisfaction of GO Transit and
the Town.
e. Provision of greater architectural detail
in the elevations of end units visible from public streets.
2.
That a Landscape Plan 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 a noise study be submitted and any
recommendations be implemented, to the satisfaction of the Commissioner of
Development Services;
5.
That an environmental site assessment be
submitted to the satisfaction of the Town and appropriate agencies, identifying
any required remediation to residential standards;
6.
That the Owner comply with all
requirements of the Town and authorized public agencies, to the satisfaction of
the Commissioner of Development Services;
7. 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 Development Group Agreements (including
planning processing fees in the amount of $33,550.00, which were deferred at
the time of application);
b. Provision for a deferral of Town-wide development charges and a
reduced and deferred cash-in-lieu of parkland contribution, as approved by
Council on March 29, 2005 as a pilot project financial incentive in support of
affordable homeownership housing in Markham, once a deferral agreement has been
executed between the Owner, the Home Ownership Alternatives Non-Profit
Corporation and the Town; and provision for securities
for the maximum liability for such charges and cash-in-lieu, to the
satisfaction of the Treasurer.
c.
Provision of a letter of credit
for the full value of the estimated area-specific development charge amount, to
be determined by the Director of Engineering;
.
d.
Provision for contribution
towards the provision of 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;
e.
Provide for the owners
proportionate share of the Hwy.48 flow control measures, to the satisfaction of
the Director of Engineering.
8. That the Owner obtain written agreement
from the landowner to the north to convey the remainder of the lands required
for the east-west public road between the two properties to the Town prior to
development of the subject lands;
9. That the Owner construct the east-west
public road at the north limit of the site;
10. That the Owner provide
a letter of credit for the estimated proportional share of the construction
costs for the future north-south public road at the west limit of the site;
11. That the Owner convey
the rights-of-way and buffer blocks to the north and west of the site to the
Town and provide an environmental clearance for these lands;
12. That the Owner submit
a satisfactory parking study to justify a reduction in the parking standard for
this development and obtain a variance to the Town’s parking standards;
13. That a
site plan agreement be executed prior to final site plan approval;
14. And that
the site plan approval shall lapse after a period of three years commencing June 21, 2005,
in the event a site plan agreement is not executed within that period;
That the site plan agreement
currently registered against the property be released from title once the new
site plan agreement is registered.
PURPOSE:
The purpose of this report is to recommend approval, subject to
conditions, of the site plan application by Old Kennedy Co-operative
Development Corporation to permit a 135-unit townhouse and stacked townhouse units and 5 commercial units at 90 and 108 Old Kennedy Road.
BACKGROUND:
Subject lands and
area context
The subject lands comprise
approximately 1.56 hectares (3.85 acres)
at 90 and 108 Old Kennedy Road as shown on Figure 1. The
lands currently contain single-detached dwellings and accessory buildings,
which have previously been used for employment uses, but are no longer
occupied. Surrounding land uses include a newly constructed light industrial
building to the south, the GO rail line and a portion of a separate property to
the west, and vacant lands to the north (see Figures 2 and 3). To the east, across Old Kennedy Road, are lands currently used for employment uses. An application for townhouse development is
currently under review for one of the neighbouring properties on the east side of Old Kennedy Road.
Subject lands are within the Milliken Main Street Secondary Plan Area
The subject lands are within the
Milliken Main Street Secondary Plan Area.
A study was undertaken with the purpose of developing a Main Street focus for the
Milliken community. A Secondary Plan
and implementing zoning by-law for the Milliken Main
Street study area were adopted by Council on June 14, 2005. The Secondary Plan is being forwarded to the
Region of York for approval, and the zoning by-law is being finalized for
enactment later in June.
The Secondary
Plan designates the majority of the subject lands as Community Amenity Area –
Mixed Use, which permits a mix of medium and high density residential and
non-retail commercial uses. The lands
fronting Old Kennedy Road are designated Community
Amenity Area–Main Street,
which permits a mix of residential and commercial uses, with commercial uses
required at grade to
provide a Main Street character along Old Kennedy Road.
The Secondary Plan also proposes a north-south road along the GO rail
line, linking Thelma Avenue to the south with Victory Avenue to the north, and an east-west road
linking Old Kennedy Road to the proposed Thelma Ave/Victory Ave road link.
Proposal is for 135 townhouse
and stacked townhouse units, with 5 retail units
fronting Old Kennedy Road
The proposal,
as shown on the site plan and elevations in Figures 4, 5a and 5b, consists of 135
townhouse and stacked townhouse units in three and four storey buildings. The
total unit mix consists of 12 one-bedroom units, 45 two-bedroom units, 56
three-bedroom units and 22 four-bedroom units.
The proposal
provides for a new east-west public local road at the north limit of the
property. A private road off the new
public road provides access to the interior of the site. A 24 metre road allowance and buffer block
is provided for at the west limit of the property, to accommodate the proposed
future north-south Thelma
Avenue/Victory Avenue road
link and a safety berm adjacent to the GO rail
line.
Parking is
provided both at grade (74
spaces) and in an underground parking garage (102 spaces) for a total of 176
spaces. The parking garage is accessed
from the interior of the site.
The
development consists of six blocks.
Block 1, along Old
Kennedy Road, consists of 18
residential units and 5 retail units in a 3-storey building. The residential units consist of 9 townhouse
units facing the internal private road and nine units above the 5 retail units,
facing Old Kennedy Road. Parking spaces are
provided in front of the townhouse units facing the internal private road, but
no garages are provided.
Blocks 2, 3,
4 and 5 consist of 8-unit townhouse buildings (total of 32 units) along the
south limit of the site. Block 6
consists of a 13-unit townhouse block along the west limit of the site. The townhouses are accessed from the internal
private road but will also face the future north-south Victory Avenue/Thelma Avenue road. The townhouse units
within Blocks 2 through 6 have parking spaces in front of the units, but no
garages. All of the buildings in Blocks
2 through 6 are 3-storeys in height.
Blocks 7 and
8 consist of back-to-back stacked townhouse buildings (36 units each) along the
new east-west public road at the north limit of the site. The buildings range
from two and a half to three and a half storeys in height. Parking for Blocks 7 and 8 is provided
underground.
Development proposed to be an affordable home
ownership demonstration project
The proposed development is intended to be
a demonstration project for a new affordable home ownership concept in Markham, based on the Options for Homes model. The development is being sponsored by Markham
Community Homes Inc, which is a community based non-profit organization
established to promote and develop non-profit housing for low and modest income
households in Markham. Markham
Community Homes, with seed funding from CMHC (Canada Mortgage and Housing
Corporation), has sponsored the development of the Old Kennedy Co-operative
Development Corporation (the applicant).
This co-operative will be comprised of prospective purchasers of the
units within the proposed development. Once the development is built out, the
co-operative will become a condominium corporation. The Options for Homes model is based on a low
capital cost approach to housing development, and also involves gaining access
to deferred payment loans for non-profit cooperatives, and providing assistance
in applying for financial incentives from all levels of government. Further details regarding the Options for
Homes affordable homeownership model are provided in Appendix ‘A’.
On March 2, 2004, in a presentation to Development Services Committee, the applicant
requested that the Town consider deferring zoning and site plan application
fees. On March 9, 2004 Council approved the partial payment of processing fees (in the
amount of $5,000) and deferral of the remaining processing fees (then estimated
to be $47,000). The applicant committed to paying the full amount of planning
processing fees at the end of the planning process if additional financial
strategies related to a Town-wide affordable housing strategy (involving the
waiving or deferral of fees) were not yet in place. A financial strategy for affordable housing
is currently being developed but has not yet received Council approval.
Council, on March 29, 2005, conditionally approved a request by the
applicant for a deferral of Town-wide development charges and a reduced and deferred cash-in-lieu of parkland
contribution, as a pilot project financial incentive in support of affordable
homeownership housing in Markham. The
Council resolution is attached in Appendix
‘B’.
DISCUSSION:
Proposal complies with Official
Plan and Secondary Plan; zoning has been approved in principle
The development complies with
both the Community Amenity Area designation in the Official Plan and the Community
Amenity Area–Mixed Use and Community
Amenity Area–Main Street
designations in the Milliken Main Street Secondary Plan. The Community Amenity Area designation in the
Official Plan provides for medium and high density residential development in
appropriate locations.
The Community Amenity
Area–Mixed Use designation in the Secondary Plan, which applies to most of the
site, permits medium and high density housing and non-retail commercial uses.
The Community Amenity
Area–Main Street
designation along the Old
Kennedy Road frontage,
permits a mix of residential and commercial uses, with non-residential uses
required at grade. Both designations
provide for a maximum floor space index of 1.0 with consideration of up to 1.25
subject to review of a site-specific development application. The proposed development has a density of 111
units per net hectare (45 units per net acre) and a floor space index of 1.2,
which is in conformity with both the Official Plan designation currently in
effect, and the Secondary Plan currently awaiting final approval by the Region.
At the Public Meeting on September 7, 2004,
Committee approved the
zoning amendment application for this development, subject to a Hold provision
pending approval of the Milliken Main Street Secondary Plan, submission of a
satisfactory parking study and availability of servicing allocation. As stated previously, the Secondary Plan has
received Council approval and is being forwarded to the Region for approval. Servicing allocation will be available upon
Region of York approval of the Town’s proposed flow control option, which is
anticipated to occur in June. A
parking study is being prepared and will be reviewed as part of a minor
variance request for relief from the Town’s parking standards, which is
outlined in more detail below.
The draft implementing
zoning by-law for the Milliken Main Street Secondary Plan Area, which was
recently approved in principle by Council but has not yet been enacted, also
provides for the zoning of these lands. The implementing by-law will not come into
effect until the Secondary Plan receives Regional approval, and any appeals are
heard. As the proposed development
complies with the current Official Plan designation (and therefore does not rely
on approval of the Secondary Plan), and in order to expedite the zoning process,
it is recommended that the subject lands be removed from the draft implementing
zoning by-law for the Milliken Main Street Secondary Plan Area, and that the
site-specific zoning amendment,
approved by Council at the Public Meeting in 2004 and attached as Appendix ‘C’, be finalized and enacted. The
site-specific zoning by-law will be subject to a Hold provision, pending 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.
Issues
identified in the Preliminary Report have been addressed and site plan is
acceptable
Conformity with the Milliken Main
Street Secondary Plan
In
addition to the land use and density provisions of the Secondary Plan, the
proposed development conforms with the road pattern
outlined in the Secondary Plan. As a
condition of approval, a public road is required to be constructed along the
north limit of the site. Half of the
road allowance can be provided on the subject lands. The applicant will be required to obtain
agreement from the landowner to the north to convey the additional lands required
for the construction of the road to the Town’s standard. The landowner to the north has indicated
verbal agreement to providing the required lands. In addition, the applicant is required to
convey sufficient lands at the west limit of the site to accommodate a 17m road
(for a segment of the Thelma
Ave/Victory Ave
road link) as well as a safety berm required by GO
Transit. Although a possible pedestrian
linkage across the GO rail line to the Pacific Mall/Market Village/Kennedy
Corners commercial complex is identified at this general location within the
Secondary Plan, it is not feasible as part of this development, as the northern
portion of the site does not extend as far west as the GO Transit property
line.
Impact of the proposed
development on the development potential of adjacent lands
The
proposed development will not negatively impact the development potential of
adjacent lands. The new public local
road at the north limit of the subject lands provides additional frontage for
development on the lands to the north, which is consistent with the Secondary
Plan. The lands to the south have been recently
developed.
Site layout including
required setbacks, road widths, etc
The site layout is
acceptable. The site plan provides for
additional public roads and provides massing and a mix of uses, consistent with
a Main Street, along Old Kennedy
Road. It also
provides a pedestrian-oriented development with walkways throughout the site,
including connections with public sidewalks on Old Kennedy
Road, the new east-west road to the north, and the
future north-south road at the west limit of the site. The site plan provides
for sufficient access for waste management and emergency services vehicles
within the interior of the site, and provides the required setback of 30m from
the GO rail property line.
The elevations are also
considered acceptable with the exception of the elevations of the end units
which are visible to public streets.
These units require additional architectural detail.
Provision for open
space/play area
A 64m2
(689sf) play area is proposed at a central location within the site, and is
accessed through a common walkway which extends through the interior of the
site.
Provision of
adequate parking
The 176
parking spaces provided fall short (by 61 spaces) of the 237 spaces required by
the Town’s parking by-law. Much of the
shortfall results from the lack of garages, which qualify as parking spaces, in
the townhouse units. In addition to the
parking by-law requirements, it is the Town’s practice to require an additional
0.25 spaces per unit to be accommodated within condominium developments for visitor
parking, as condominium roads are not normally of sufficient width to
accommodate on-street parking. The
additional visitor parking increases the number of required parking spaces by
34 spaces, to 271 units. In this case,
approximately 23 visitor parking spaces are assumed to be available on the
public road to the north.
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. The rationale for a parking
reduction is anticipated to be based on the availability of transit in the area
(TTC, York Region Transit, and expanded GO station south of Steeles)
as well as the economic circumstances of prospective purchasers, given that the
project is being developed as affordable home ownership. It is recommended that site plan approval be
conditional on approval of the parking study, and the approval of a variance to
the Town’s parking standards.
Conveyance
of required road right-of-ways and construction of new roads
As indicated
previously, the site plan provides for new public roads to the north and west
of the site. These right-of-ways, as
well as the required buffer block for the safety berm
adjacent to the GO rail line, will be conveyed to the Town as a condition of
site plan approval.
Additional
conditions include the construction by the applicant of the east-west public
road at the north limit of the site, including the provision of a temporary
turning circle to Town standards, and provision of a letter of credit for the
estimated proportional share of construction costs for the future north-south
road at the west limit of the site.
Approval is also conditional on the submission of a satisfactory traffic
impact study.
Servicing
and stormwater management
Servicing and
stormwater management studies are under review.
Servicing
allocation
The lands do not currently have approved servicing allocation,
however, they were recommended for a specific allocation assignment of 135
units in a staff report on servicing allocation, which has been awaiting Region
of York approval. It is recommended that the applicant be granted a servicing
allocation of 135 units from the
Town reserve, contingent on York Region confirming its acceptance of Markham’s
proposed flow control option, as discussed in the February 15, 2005 report on
Servicing Allocation from the Director of Engineering and the
Director of Planning and Urban Design.
Noise and
vibration impact of the GO rail line
A noise and
vibration study is required to identify recommended mitigation measures for
noise and vibration generated by the GO Transit rail line. It is recommended that site plan approval be
conditional on the receipt of the study, and incorporation of any required
mitigation measures on the site plan as required.
Finalization of the configuration of the
safety berm along the rail line, as required by GO
Transit, is also included as a condition of site plan approval.
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 an 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 community facilities, prior to
execution of the site plan agreement.
Environmental clearance for
residential uses
Although not raised in the
preliminary report, 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.
As the subject lands have previously been used for commercial/industrial
uses, 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 September 7, 2004 Public Meeting have been addressed
Concerns were raised by Committee regarding the
adequacy of parking on the site. As
mentioned previously, the recommended approval of the site plan is conditional
on the applicant submitting a parking study in support of a reduced parking
standard to the satisfaction of the Town, and obtaining a minor variance for
the reduction in parking.
The owners of 82 Old Kennedy Road immediately south of the subject lands, expressed
concern that the parallel parking at the south limit of the property could
result in potential damage to the existing fence at the north limit of 82 Old Kennedy Road, and asked the parallel parking be replaced by a
landscaped strip. The site plan has been
revised to include a raised curb along the south property line, which will
prevent the opening of car doors on the south side of the parking spaces.
Existing site plan
agreement currently on title on 108 Old Kennedy Road to be released
In 1981, a site plan agreement for a small addition to
an existing small industrial building was registered against the title of 108 Old Kennedy Road. It is
recommended that this agreement be released from title once the new site plan
agreement is registered.
FINANCIAL
CONSIDERATIONS:
As stated previously,
Council approved a deferral of planning processing fees at the time the site
plan and zoning applications were initially received. The deferred amount was initially calculated
as $47,000, but has been recalculated as $33,550 reflecting a lower number of
units in the final site plan. This
amount will be payable prior to execution of the site plan agreement.
In addition, Council, on March 29, 2005, approved a conditional
deferral of Town-wide development charges and a reduced and deferred cash-in-lieu of parkland
contribution, as a pilot project financial incentive in support of affordable
homeownership housing in Markham. However, until the conditions
are met (i.e., a deferral agreement entered into with the Town), the Owner will
be required to pay the full parkland contributions and Town-wide development
charges as a condition of site plan approval.
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.
Figure 1: Location Map
Figure 2: Air Photo
Figure 3: Area Context/Zoning
Figure 4: Site Plan
Figure 5a, 5b: Elevations
Appendix ‘C’ – Draft Zoning By-laws
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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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