RECOMMENDATION:
That the report dated May 17,
2005, entitled “Liberty Development Corporation (2015776 Ontario Inc.)
Application for Phase 1 Site Plan Approval” be received;
That Liberty Development Corporation be granted a servicing allocation of 311 units from the Town reserve, subject
to:
·
Entering into the
Markham Centre Developer’s Group Agreement;
·
Council receiving a letter from a Trustee appointed by
the Markham Centre Developers Group supporting such allocation in the context
of the overall servicing allocation to the Markham Centre Secondary Plan area;
·
Revisions to the
building elevations and site plan to address the concerns raised by staff and
the Markham Centre Advisory Committee to the satisfaction of the Commissioner
of Development Services; and,
·
Entering into a linkage agreement requiring issuance
of full Building Permits for the office component of the project and commencing
construction, prior to seeking any Building Permit for any residential
building.
That Council authorize the
enactment of a by-law to remove the Hold
(H) provision on the subject lands and that the H removal by-law be enacted
upon execution of a site plan agreement; and dedication of the lands required
to achieve York Region’s widening requirements, YRTP’s transit alignment along
South Town Centre Boulevard, lands required for the completion of Clegg Road
and the new north/south street; and submission of functional traffic
and other required studies; and execution
of a subdivision agreement for the residential component, to the satisfaction
of the Region of York, the Commissioner of Development Services and the Town
Solicitor;
And
that the First Phase Site Plan application (SC 04 026723) submitted by Liberty
Development Corporation to construct two office buildings, two condominium
apartment buildings and a suites hotel be approved,
subject to the following conditions:
1. That
the Owner shall revise the site plan to comply with the applicable zoning, or
shall obtain variances for relief from the setback and other requirements of
the by-law to accommodate the building programme, as described in this report.
2. 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 including the specific requirements identified
in the staff report, prior to final site plan
approval or any land severance coming into full force and effect.
3. That
the Owner enter into a Development Phasing Agreement with the Town, prior to
final site plan approval, upon finalization of the Warden West Phasing Plan, including
phased transportation improvements, to
the satisfaction of the Commissioner of Development Services.
4. That
the Owner enter into a Linkage Agreement with the Town, prior to final site
plan approval, agreeing to obtain full building permits and commence
construction of the office component, prior to seeking building permits for any
residential building, to the satisfaction of the Town Solicitor and Commissioner
of Development Services.
5. That the Owner provide access
locations and driveway design configuration to development blocks to the satisfaction of the Town and the
Region of York.
6. That the owner provide
for the construction of the north/south road to the satisfaction of the
Director of Engineering. As an interim
measure, the design of the north/south road may include a reduced boulevard
width of 1.0 metre on the east side of the road, subject to the provision of a
5.0 metre wide boulevard on the west side of the road, and lane configuration
and widths to the satisfaction of the Town and the Region of York. That staff be authorized to pursue
the necessary agreement to acquire lands on the east side of the north/south
road from the adjacent hotel property owner, for nominal consideration, and
that the Mayor and Clerk be authorized to execute such an agreement in a form
satisfactory to the Town Solicitor.
In
the event the adjacent hotel property owner does not convey the land required to
construct the north/south road to the Town for nominal consideration, prior to
the issuance of a building permit for the office component, and/or in the event
the land required to maintain a minimum 3.0 metre boulevard on the east side of
the new north/south road cannot be obtained through the planning application
process, the Owner will pay all costs associated with the purchase or expropriation
of the lands necessary to achieve the ultimate road allowance required for the
north/south road.
7. That the Owner enter into an easement
agreement respecting access, egress, parking and other related shared
facilities to the satisfaction of the Commissioner of Development Services.
8. That the Owner enter into an easement
agreement respecting public access to the private courtyard areas to ensure
continuous public access through the site, linking with park and public open
space elements, to the satisfaction of the Commissioner of Development
Services.
9. That the Owner prepare an
overall utility plan (Composite Utility Plan) to the satisfaction of the Town
for Phase 1, as a condition of site plan approval. The plan shall comply with
the approved streetscape design criteria for Markham Centre, and minimize the
exposure of above grade service structure/equipment to the satisfaction of the Commissioner
of Development Services, and that the approved utility plan be included in the
material displayed in the sales centre.
10. That the Owner pay all applicable fees, recoveries, local service contributions, development charges and satisfy
financial obligations related to applicable Developers Group Agreements.
11. That the Owner pay cash-in-lieu of
parkland for the Phase 1 development to the Developers Group in accordance with
the Parkland Principles for Markham Centre and pursuant to the Markham Centre
Secondary Plan to the satisfaction of the Commissioner of Development Services.
The conveyance of future park blocks, located within subsequent phases of this
development, shall occur upon registration of the plan of subdivision.
12. That
prior to the execution of the site plan agreement, the Owner shall submit final
drawings including, but not limited to, site plans and elevation drawings,
landscape plans, an underground 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.
13. That the Owner submit a Landscape Plan, including
a detailed lighting submission, prepared by a Landscape Architect, having
O.A.L.A. membership, reflecting the comments contained in this staff report for
approval by the Commissioner of Development Services, prior to the execution of
the site plan agreement.
14. 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.
15. That
provisions for Fire Routes, yard hydrants, Siamese connections and other
emergency access requirements be to the satisfaction of the Fire Department.
16. That
provision for snow storage, sidewalk alignment and maintenance be to the
satisfaction of the General Manager of Operations and Director of Engineering.
17. That
the Owner pay for all costs associated with the relocation of utilities within
the right-of-way, as may be required.
18. That
the Owner obtain approval from the York Region Transportation and Works
Department prior to commencing any work on the site or road allowance.
19. That the Owner pay its proportionate
share of development charges in accordance with Area Specific Development
Charge By-laws.
20. That the Owner implement the
recommendations of the approved Environmental Noise and Vibration Feasibility Study
and complete any mitigation measures, including noise warning clauses in
agreements of purchase and sale with future condominium owners to the
satisfaction of York Region and the Director of Engineering.
21. That the Owner provide and implement a
detailed stormwater management plan, including quality control measures/devices
to
the satisfaction of the Director of Engineering.
22. 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.
23. That the Owner
pay its proportionate share of recoveries
to original developers for services which they provided, which may benefit this
development, to the satisfaction of the Director of Engineering.
24. That the Owner comply with all
requirements of the Town and authorized public agencies, including PowerStream to
the satisfaction of the Commissioner of Development Services.
25. That the Owner provide and implement a comprehensive TDM plan which clearly
identifies bike parking, carpool parking, provision of shower facilities for
office staff using alternate forms of transportation and any other measures to
promote alternative modes to the single occupant vehicle.
26. That the Owner provide confirmation that height of the office building at the intersection of Highway 7 and
South Town Centre represents the highest element within the plan area and meets
the requirements of Transport Canada, including applicable warning clauses.
27. That the Owner 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
provides for connection to the District Energy network to the satisfaction of
the Commissioner of Development Services.
28. That the Owner participate in the enhanced hoarding programme, and that
staff be authorized to enter into a Hoarding Agreement with Liberty.
29. That staff be authorized to undertake
amendments to the “No Pre-sale Agreement” to allow for the sale of Liberty’s Phase 1
residential component upon satisfactory completion of the conditions identified
above required for the granting of a servicing allocation from the Town
Reserve.
30. That the site plan agreement provide for
the installation of odour control units within restaurants located within the office
and retail components of the plan.
31. That Town support for minor variances to
the oversupply of parking be conditional on the following:
·
The parking surplus being provided on a three-year
temporary basis;
·
Liberty retaining title to
the parking or the parking being a common element of the condominium; and,
·
At the time of minor variance, staff being authorized
to pursue an agreement with Liberty for the future use of surplus parking for
paid public parking incorporating provisions relating to the Parking Strategy
for Markham Centre, to the satisfaction of the Town Solicitor and Commissioner
of Development Services.
32. That
the underground parking garage plans provide, possibly through the use of
‘knock-out’ panels, for possible future access to public lands beneath a portion
of the Highway #7 right-of-way along the northern boundary of the site, in
support of the emerging Parking Strategy.
33. That the site plan approval will lapse after a period of three years
from the date of this site plan
approval, in the event that the Owner does not enter into
a site plan agreement with
the Town.
PROPOSAL:
The purpose of this report is to discuss an application for Phase 1 (2.6
ha. [6.4 acre]) Site Plan Approval for Liberty Developments at the southeast
corner of Highway 7 and South Town Centre Boulevard. Liberty’s larger holdings in Markham Centre
comprise 7.4 ha (18.1 acres) and form the southerly and westerly boundaries of
the Hilton Suites Hotel property, extending south from Highway #7 to Cedarland
Drive and easterly to Warden Avenue. The
Phase 1 proposal consists of two office buildings adjacent to Highway 7 (12 and
5 storeys) with grade-related retail; two residential buildings fronting on
South Town Centre Boulevard (13 and 16 storeys) and containing 311 units; and a
148 unit suites hotel adjacent to the new north/south street. While not part of this Phase 1 submission a
third residential building, 153 units and 10 storeys in height will be included
within this block, at the northwest corner of the Clegg Road extension and new
north/south street (Figure No. 2). This
third residential building will be included in a future, Phase 2 site plan
approval request.
The applicants do not require a servicing allocation for their office
component. Liberty advises that while
they have been successful in the marketing of the two office buildings and are
anxious to proceed to construction, financing of the office component is linked
to their residential development. Staff
are supportive of the office component and would like to see it proceed as
quickly as possible. As discussed in
more detail later in this report, site plan approval for the first phase
residential component is also recommended, subject to:
·
A servicing allocation being granted from the Town
Reserve;
·
Liberty executing a linkage agreement with the Town wherein
they would agree to obtain full building permits and
start construction of the office component, prior to seeking building permits
for any residential building;
·
Liberty entering into the Markham Centre Developer’s Group
Agreement; and,
·
Revisions to the
building elevations and site plan to address the concerns raised by staff and the
Markham Centre Advisory.
EXECUTIVE SUMMARY:
In June, 2004, Council approved Liberty’s Precinct Plan, zoning
amendments and draft plan of subdivision to create a mixed-use community within
a concentrated, urban built form, consisting of street related buildings with a
series of interior courtyards connected to two public parks. The Precinct Plan provides for two office
buildings with grade-related retail along the Highway 7 frontage, a suites
hotel and 11 residential apartment buildings ranging in height from 8 to 16
storeys, and containing approximately 1,798 units.
The
lands were incorporated into the new Markham Centre Zoning By-law, with a series of Hold (H) provisions to ensure the orderly
development of lands, the execution of agreements, submission of financial
guarantees, available services (including water supply and sewer capacity),
compliance with phasing and precinct plans, and approvals from external agencies.
This first phase proposal consists of two office buildings adjacent to
Highway 7 (12 and 5 storeys) with grade-related retail; two residential
buildings fronting on South Town Centre Boulevard (13 and 16 storeys) and
containing 311 units; and a 148 unit suites hotel adjacent to the new
north/south street. As part of a future
development phase, a third residential building, 153 units and 10 storeys in
height, will be included within this block, at the northwest corner of the
Clegg Road extension and new north/south street.
This application
was reviewed by the Markham Centre Advisory Committee. Their comments focused on the treatment of
the surface parking area behind the office buildings; the need for greater
cohesiveness in materials and design in an area context; and the need to ensure
that design elements reinforce the intended “human Scale” height of the
buildings, and animate the streetscape at grade. The applicant has been working with staff to
address these issues.
The applicant is anxious to construct the office buildings, for which a
servicing allocation is not required, but advises that in order to finance the
office component a concurrent amount of residential development is required. The report recommends
assigning, from the Town reserve, a serving allocation of 311 units to support
the residential component of Liberty’s first phase, which furthers the intent
of the Markham Centre Secondary Plan to create a mixed-use urban Town Centre,
delivers an office component adjacent to Highway 7, provides for new road
infrastructure, and provides for the proposed YRTP transit alignment along
South Town Centre Boulevard. This
allocation will be subject, in part, to Liberty executing a
linkage agreement with the Town wherein full building permits will be obtained and construction of the office
component commenced, prior to seeking building permits for any residential
building.
In summary, this report, recommends site plan approval for the first
phase office and residential components, subject to a servicing allocation
being granted from the Town Reserve; Liberty executing a
linkage agreement; Liberty entering into the Markham Centre Developer’s Group
Agreement; and, revisions to the building elevations
and site plan to address the concerns raised by the Markham Centre Advisory.
PROJECT DESCRIPTION:
Office buildings adjacent to
Highway 7 frontage
Two office buildings are proposed 12 and 5 storeys in height, comprising
approximately 25,026 square metres (269,386 square feet) of gross floor area
oriented along the Highway 7 frontage of this site. These buildings will feature extensive use of
coloured glass and metal curtain wall with pre-cast concrete accents at their
base. The buildings will contain a
number of steps built into the exterior walls (see Figure No. 3). The taller building will carry a 5-storey base,
consistent with the smaller building, before stepping up to 12 storeys at the
Highway 7 and South Town Centre intersection.
At 12 storeys, and a height of approximately 229 metres above sea level,
this building represents the tallest component within the Liberty plan, and reflects
the landmark location as identified in the Secondary Plan (OPA 21).
A mix of retail uses are proposed at-grade within the office buildings
consisting of 3,261 square metres (35,102 square feet) of floor area. The majority of the office parking will be constructed
below grade, with short-term and retail parking provided at-grade and behind
the buildings.
Residential buildings along
South Town Centre Boulevard
Two residential buildings, sharing a common entrance, are proposed along
South Town Centre Boulevard as part of this
first phase of development. The
northerly building is 13 storeys in height and, while containing more storeys,
is lower than the office building at the Highway 7 corner because of a shorter
floor-to-floor height. The northern
building meets the intent of buildings stepping down in absolute height further
from Highway 7 which represents the ‘Landmark’ building location for the
development.
The northerly building establishes an urban street edge to South Town Centre
Boulevard with strongly articulated base featuring
building entrances, visibility into residential common areas and walkouts from
ground floor residential units to raised landscaped terraces. The main façades of the building above the
base feature punched windows and vertically stacked balconies with glazed
balustrades. The punched window façade
terminates at the twelfth floor cornice line.
Above the cornice line the building steps back as a two storey glazed
penthouse. The south end of the building
features a vertical expression of the elevator core.
The southerly building is a tower of 16 storeys forming a gateway into
the development at the Clegg Road intersection with South Town Centre
Boulevard. The
building employs the same materials and a consistent architectural treatment as
the northerly residential building however, emphasizes the verticality of the
gateway through vertical strips of glazed curtain wall. The glazed penthouse and elevator core
features of the northerly building are repeated at the higher elevations of
this building.
The northerly residential building has a single storey retail wing
attached to complete the enclosure of the residential courtyard and maintain the
continuity of the retail with the retail base in the hotel and two office
buildings. The two buildings share a
residential lobby with distinctive roof features and entrance canopy. The
buildings will contain a total of 311 units (168 & 143), primarily one and
two bedrooms, with a limited number of three bedroom units.
The buildings are urban in nature sharing outdoor courtyard and internal
recreational facilities, including a below-grade pool. Loading, underground access, and pick-up and
drop-off functions will all occur via a central courtyard behind these
buildings. Parking will be provided
below-grade with the exception of a limited number of handicapped and visitor
spaces available within the courtyard.
Proposed building materials consist of glazed curtain wall, glazed
balcony railings and limestone precast panels.
The building base uses rough texture precast elements together with curtain
wall insets. The horizontal steel
channel associated with the ground floor retail in the office and hotel is
taken through the base level of the residential buildings tying the complex
together.
Suites hotel is proposed
adjacent to the north/south street
An 8-storey suites hotel, containing 148 units is proposed internal to
the block, adjacent to the new north/south street. A limited amount of retail floor area will be
located within the base of the building, oriented towards the surface parking
area behind the office buildings. Being
a suites hotel (that is geared to longer term occupancy) means that amenities,
restaurants and meeting facilities within this building are limited. Design
features and building materials are common to the other three buildings within
the first phase of development and are planned to be extended as a coherent
theme to later buildings in the overall scheme (See Figure 5).
Private outdoor space within this phase consists of an internal
courtyard, flanked by the three residential buildings and suites hotel. A continuous pedestrian pathway is proposed
through the plan, eventually connecting Highway #7 with Warden Avenue, by way of the
park blocks and individual internal courtyards to be provided in conjunction
with the development of the subsequent residential blocks. The interior
courtyards are proposed to comprise the private amenity area of the plan, and
agreements will be required to ensure continuity of public access through these
courtyards and a seamless transition between private and public spaces. A water feature has been identified within
the courtyard space, which also features up-graded paving and sidewalk
materials. Comprehensive landscape plans
will be required for review and approval by staff, including a detailed
lighting submission, as a condition of site plan approval.
Public road improvements associated with this phase include the easterly
extension of Clegg Road to Warden Avenue and
a new north-south street between the
applicant’s lands and the Hilton Suites Hotel. Opportunities
exist to introduce on-street parking in conjunction with the development of the
road network through portions of the site.
Subsequent phases, south of the Clegg Road extension, will include 8
street-related residential buildings ranging in height from 8 to 16 storeys and
totalling up to 1,158 units. Two public
park spaces form part of the latter phases, comprising approximately 1.26 ha. (3.12
acres).
BACKGROUND:
The Precinct Plan
and draft plan of subdivision were before the Markham Centre Advisory Committee
on March 20, 2003. A statutory public
meeting before Development Services Committee was held on August 25, 2003. In June, 2004, Council granted draft plan
approval and enacted zoning by-law amendments, incorporating these lands into the
new Markham Centre Zoning By-law. The zoning amendments include a series of Hold
(H) provisions to ensure the orderly development of lands, the execution of
agreements, submission of financial guarantees, availability of services (including water supply and sewer
capacity), compliance with phasing and precinct plans, and approvals from
external agencies. Other Hold (H)
provisions relate to the implementation of the Town’s parking strategy.
Property and Area Context
The site is undeveloped, however a former parking area and driveway
linking the Hilton Suites property to South Town Centre
Boulevard are located on the site.
Surrounding land uses are as follows:
North - Markham Civic Centre
South -
subsequent phases of the development of the Liberty lands, as well as lands
owned by IBM Canada, including a day care facility.
East - Hilton Suites Hotel and Conference
Centre, which is the subject of an application for Zoning By-law amendment to
introduce 272 seniors condominium units within two, 10-storey buildings, and a
second application for amendments to the Parking By-law to introduce paid
parking in conjunction with the hotel operations.
West - Stringbridge Investment’s office complex
and a 2-storey office building. Staff are
currently reviewing an application for Site Plan Control approval for a
12-storey residential condominium project containing 400 units at the northwest
corner of South Town Centre Boulevard and Clegg Road, as well as zoning
and precinct plan amendments to increase the density across Stringbridge’s
entire holdings.
Table One, below,
outlines the Phase 1 project statistics.
|
Table One
Liberty Phase One Site
Statistics
|
|
Lot Area
|
2.6 ha
|
6.43 acres
|
|
Office Gross Floor Area
|
25,026 square metres
|
269,386 square feet
|
|
Retail Gross Floor Area
|
4,924 square metres
|
53,003 square feet
|
|
Residential Floor Area*
|
56,682 square metres
|
610,140 square feet
|
|
Residential Units*
|
311 + 148*
|
|
|
Total Floor Area
|
86,632
|
932,529 square feet
|
|
*Including suites hotel
|
|
|
Markham Centre Secondary Plan
Liberty’s lands are designated Commercia1 in
the Markham 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 application is
consistent with the policies of the Markham Centre Secondary Plan.
Markham Centre Zoning By-law
As noted these lands were incorporated into the new Markham Centre
Zoning By-law in June, 2004. The lands
are zoned MC-D1 and MC-D2 with specific 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.
Minor Variances will be required
On-going work to finalize the transit alignment,
the design for the extension of Clegg Road through to Warden Avenue, as well as
the design of the new north/south street between the applicant’s lands and the
Hilton Suites Hotel, may affect the development limits for these lands and
could necessitate certain relief to the setback provisions established at the
time the amending by-law was enacted. Once
resolved, the applicant will be required to obtain variances from the Committee
of Adjustment. This could include
setback relief along portions of the Highway 7 frontage, and the amount and
location of surface parking relative to final property lines.
In addition, Liberty has proposed a parking
ratio for the office and retail component of approximately 1 space per 27.1
square metres, which is in excess of the maximum 1 space per 30 square metres as
applied to this site in the new Markham Centre By-law. This results in a total parking surplus of approximately
103 spaces. Liberty has suggested that
this surplus parking could be converted to paid public parking at a time when
transit is available at a level of service which reduces vehicular
traffic. In the interim, relief to the
zoning by-law parking standards will be sought through a minor variance.
Depending on the amount and location of the additional parking, there
could be a municipal interest to enter into a partnership arrangement with Liberty in support of the
emerging Parking Strategy. This would
allow Liberty to provide parking
in the near term to accommodate market expectations, allow the Town to
participate in a shared public parking strategy, and reduce the amount of
parking dedicated to retail and office development in the long-term. Appropriate agreements will have to be
executed between the Town and Liberty to facilitate such
an arrangement, and to incorporate provisions of the Parking Strategy to be
endorsed by Council. Such an agreement
will be a recommended condition of approval of the variance and will also be
the subject of a separate report to Council.
In order to facilitate such an agreement, Liberty would have to retain
title to the surface parking lot or otherwise identify parking within the
office component as a common element within the condominium in order for the
parking to be converted to paid parking, rather then sold or dedicated to
individual tenant use. Staff would
consider supporting such a variance on an interim basis only, initially for
three years, with conditions for this parking to either be eliminated in the
future, or otherwise converted on a full-time basis to public parking once
rapid transit has been introduced on dedicated corridors through Markham
Centre.
Parking for the balance of the uses within the Liberty Plan will be
provided in accordance with the new Markham Centre By-law, including a parking
ratio of 1.2 spaces (including visitor) per residential unit.
The applicant previously identified an opportunity to provide additional
parking beneath a portion of the Highway #7 right-of-way in front of the
site. These lands are under the
ownership of the Province of Ontario and are intended
to be transferred to the Region of York.
Depending on the amount, location and timing for the development of this
parking there could be a municipal interest, over the long-term, to acquire
these lands as part of a partnership arrangement in support of the emerging Parking
Strategy. Access to this parking could
be accommodated through the design of Liberty’s underground
structure, possibly by incorporating ‘knock-out’ panels in the wall. In the event these lands can be acquired to
facilitate the Parking Strategy, staff will report back to Council. In the interim a condition of site plan
approval requires the underground garage to incorporate ‘knock-out’ panels for possible
future access to these lands.
Hold (H) provisions will have to be lifted
The existing zoning contains a series of Hold (H) provisions, applicable
to all development parcels. These
provisions are to ensure the orderly development of lands within the Liberty plan, including
the execution of agreements, submission of financial guarantees, available
services (including water and sewer capacity), compliance with phasing and
precinct plans, and approvals from external agencies. Specifically, the applicant will be required
to execute the Developer’s Group Agreement, be granted a servicing allocation, complete
required studies and obtain approvals from interested agencies prior to lifting
the (H).
ADVISORY COMMITTEE &
PERFORMANCE MEASURES:
Proposal has been reviewed by the Advisory Committee
The Markham Centre
Advisory Committee reviewed the site plan proposal at their meeting of April
14, 2005. Comments from the Advisory focused on the
treatment, pedestrian connectivity and landscaping of the surface parking area
behind the office buildings; the need for animation of the retail component; the
need for greater character and cohesiveness in the materials and design in an
area context; the need to ensure that design elements reinforce the intended
“human Scale” height of the buildings, and animate the streetscape at grade; and,
ensuring that the height programme reflects Highway 7 as the landmark location
within the Liberty plan.
Subsequent to the presentation
to the Advisory, a series of meetings were held between staff and
representatives of Liberty, resulting in the following revisions being
made to the plan and building elevations:
- increased
landscaped area within a reconfigured surface parking lot
- expanded
sidewalk and the use of enhanced material around the office parking lot
- additional use
of alternate materials, including pavers within the parking areas and
courtyard to soften their appearance
- additional
glazing at the upper levels of the buildings to provide a change of
material and thereby reduce the verticality of the buildings
- additional
horizontal precast banding within the buildings to de-emphasize their
height
- the use of consistent
materials and design elements in the base of the buildings.
Staff will continue to work with the applicant to refine the building
elevations and site plan, prior to issuing final site plan approval.
Overall, in reviewing the site plan, the Advisory felt that Liberty was
on-target relative to the Performance Measures document, subject to addressing the comments identified above, implementation
of the various Green Infrastructure and energy initiatives which Liberty identified
(including the introduction of green roofs on the lower buildings within the
plan), and fulfilling their commitment to connect to District Energy.
Green infrastructure elements identified by Liberty to-date 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.
Prior to the issuance of final site plan approval, the applicant will be
required to provide a detailed breakdown of how these measures will be
implemented in each building.
OPTIONS/DISCUSSION:
Phasing Plan has been prepared
The Secondary Plan requires the preparation of a Phasing Plan to ensure
the orderly sequence of development and the timely introduction of key
infrastructure components. The
applicant, working in concert with representatives of Stringbridge, has
up-dated the Warden West Phasing Plan, as required by conditions of draft plan
approval. This plan, which identifies
road construction, and distribution of residential and employment density, is
under review by Town Staff. Upon finalization of the Warden West Phasing Plan, including
phased transportation improvements to the satisfaction of the Commissioner of
Development Services, the applicant will be required to execute a Development
Phasing Agreement.
TRANSPORTATION:
A Traffic Impact Study was Undertaken
A Traffic Impact
Study, prepared by iTrans Consulting dated May 14, 2004, was submitted in support
of the Liberty zoning and subdivision applications. The study, which outlined the end-state
traffic conditions upon full build-out of the site in the horizon year 2009,
confirmed that most of the adjacent intersections will operate within
acceptable conditions and that traffic generated by the proposed development
can be accommodated on the planned transportation network in this area.
In support of the
first phase site plan applications additional traffic analysis is required to
confirm that certain operational issues are addressed, including:
- The traffic generation rates for
office uses and impact on the adjacent road network in the event additional
parking is considered for office uses.
- Restricting right-in/right-out
movements to the driveway access to South Town Centre Boulevard once the full system rapid transit
system is constructed.
- Up-dated phasing plan addressing transportation
improvements which reflect the Town’s requirements for the construction of
Clegg
Road.
- A comprehensive TDM plan which clearly
identifies bike parking, carpool parking, provision of shower facilities
for office staff using alternate forms of transportation, and any other
measures to promote alternative modes to the single occupant vehicle.
SERVICING:
Servicing allocation proposed
from Town reserves
Council at its meeting of May 11, 2004, received a presentation from the
Director of Engineering which provided information on water supply and sanitary
sewer capacity restrictions in York Region and directed that no further
residential draft plan/site plan approvals be granted until staff reports back
on these matters or until the Region confirms in writing that sanitary sewage
capacity is available. Industrial,
commercial and institutional applications are not subject to this moratorium.
As a condition of
Draft Plan Approval, the applicant executed an agreement, 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 water allocation has been assigned by the Town and the
Markham Centre Developers Group and available sewer capacity has been confirmed
in writing by the Town and Region. The
Owner further agreed to save harmless the Town and Region from any claim or
action as a result of water service and/or sewer capacity not being available
when anticipated.
Since Council’s approval of the draft plan of
subdivision, the Region has undertaken additional modelling of the York Durham
Sanitary System (YDSS) and Markham staff have proposed storage options that control flows in certain
municipal trunk sewers that will reduce existing Markham
flows into the YDSS during 25 year storm event.
In February, 2005, Markham Council endorsed the staff’s proposed flow
control option intended to bring the Town’s sewage allocation to a point that
would match its current water allocation of 4,732 units. We are awaiting Regional Council confirmation
of the additional sewage allocation.
Staff have been advised that the applicant has been successful in the marketing
of the office buildings and is anxious to proceed to construction. Liberty advises however,
that in order to finance the office component a specific amount of Phase 1 residential
development is required. Presently there is servicing allocation for approximately 633 units within
the Town reserve. In order to expedite
construction of the office component, staff recommend assigning, from the Town
reserve, 311 units required to support the residential component of Liberty’s
first phase.
This allocation will be subject to Liberty
entering into the Markham Centre Developer’s Group Agreement, executing a
linkage agreement, and revising their plans to address concerns raised by staff
and the Markham Centre Advisory Committee.
In this regard it is noted that the site plan application complies with
the intent of the zoning by-law and Official Plan and will provide for
intensification along the Highway 7 corridor.
Liberty’s mixed-use
proposal helps to further the intent of the Markham Centre Secondary Plan to
create a mixed-use urban Town Centre, including the immediate delivery of an
office component adjacent to Highway 7.
In addition, the plan provides for the extension of Clegg Road through to Warden Avenue, a new north-south street, and for the proposed
YRTP transit alignment along South Town Centre Boulevard.
Local Water Supply and
Sanitary Sewer
The development is located within Pressure District 6M and with the
recent completion of the Warden Avenue watermain to
Highway 7, there is sufficient water infrastructure to accommodate this
development. Work is underway to determine
the most appropriate sanitary system for this development to connect into, prior
to issuance of final site plan approval.
Stormwater Management and
Water Quality
The existing storm sewers that
service this site outlet directly into the Rouge River without treatment.
Space is not available to provide for a stormwater management pond to treat the
runoff. The owner is therefore required to provide on-site facilities to
address water quality and erosion control requirements. The Town proposes
to re-direct the external storm drainage, currently routed through the site,
into an existing ditch at the north-west corner of Warden Avenue and Highway 7. The
Owner is responsible for the design and construction costs to convey the
external flow to the Warden storm culvert.
Development Charges
The owner will be required to pay applicable Area
Specific and Town-Wide Development Charges at the site plan agreement stage.
ROAD WIDENINGS:
South Town Centre Boulevard
The Region of York (YRTP) is finalizing a consolidated
class environmental assessment for an east/west rapid transit system. Their preferred alternative is to route the
alignment onto South Town Centre Boulevard to eventually connect to Enterprise Boulevard east of Warden Avenue. York Region will be required to obtain land
for the widening of South Town Centre Boulevard to provide for this transit
system. As a condition of subdivision
approval, Liberty will be required to dedicate to the Town on behalf of
the Region of York, free of costs and encumbrances, a road widening, including
any day-lighting tri-angles, adjacent to South Town Centre Boulevard, sufficient to support the
York Rapid Transit system, to the satisfaction of the Town and the Region of
York. It should be noted that should the
Region be unable to implement its preferred alignment for the transit corridor,
additional lands owned by the applicant may need to be protected for transit use
along the Highway 7 frontage or along portions of Warden Avenue.
Clegg Road
The Town has completed a class environmental
assessment for the extension of Clegg Road to Warden Avenue. The final site plan will reflect the
boundaries of the Clegg Road extension and the conditions
of draft plan approval require the applicant to enter into agreements with the
Town to dedicate and construct the road.
It should be noted that the design proposed for the Clegg Road extension
includes dedicated bike lanes which would link with those to be constructed on
Rodick Road, and eventually, easterly through lands on the east side of Warden
Avenue. The Owner shall pay for their
share of the municipal services, sidewalk, illumination and road costs on Clegg Road and the north-south road and
discussed below.
New North/South Road
As identified during the draft plan approval process,
the owner is required to dedicate a north/south local road from the Clegg Road extension north to Highway 7,
abutting the east property line, to the satisfaction of the Town and the Region
of York. The owner of the Hilton Suites
Hotel has agreed to provide 5.0 meters towards the right-of-way requirements
for this road and the applicant will be required to accommodate the balance of
the road allowance requirements within the property boundaries. The final alignment of this road may
necessitate, in the interim, a reduced boulevard width adjacent to the hotel,
and/or revisions to the location of the office building and underground parking
garage. In the event that the lands required from the
adjacent property owner cannot be obtained in a timely fashion, Liberty would be required to pay all costs
associated with the purchase and/or expropriation of the necessary
property.
The design of the intersection of this road with Highway
7 must be to Regional standards. If the
proposed YRTP transit route is implemented via south Town Centre Boulevard,
restricting full-movement access to the northerly Liberty block, the Region
will permit future signalization at the Highway 7 intersection with the new
north/south street, subject to warrants being met.
Noise and Vibration Study has
been Submitted
The applicant has submitted an Environmental Noise and Vibration
Feasibility Study for this phase of development. The study, which identifies potential major
sources of noise (Highway 7, Warden Avenue and Highway 407) which could affect
the development, recommends appropriate noise warning clauses be introduced in
the property and tenancy agreements, and offers of purchase and sale for all dwelling
units with traffic sound excesses. In
addition, central air conditioning will be required for all residential
buildings, and up-graded glazing for windows will be required for those
residential buildings with exposure to Highway
#7, Warden Avenue and Highway 407. Since
the site is beyond the range of the 25 Noise Exposure Forecast contour lines
for Buttonville Airport, aircraft noise was not considered to be a problem for
the residential development.
With respect to potential sources of vibration originating from the rapid
transit system proposed along South Town Centre Boulevard, the study suggests that,
based on the separation distances and assuming that appropriate vibration
control features are included in the design of the future rapid transit track
and bed, vibration from any future light-rail vehicles will be minimal. This study has been circulated to the Region
and to the Town’s peer review consultant for review and comment. The applicant will be required to implement
the recommendations of the study to the satisfaction of the Region and the
Town’s Director of Engineering.
AGENCY REQUIREMENTS:
The Regional Municipality of
York
At the time of draft plan approval the Regional Municipality of York identified
specific requirements with respect to agreements; warning clauses; water and
sewer capacity; transportation, access, road dedication and design, and transit;
which were included as conditions of draft plan approval. The applicant will be required to address all
requirements for this phase of development to the satisfaction of the Region as
a condition of site plan approval and/or draft plan approval.
YRTP
Draft plan comments from the Regional
Municipality of York also addressed transit infrastructure requirements
associated with the YRTP’s preferred alignment, proposed for South Town Centre
Boulevard. Blocks
have been identified in the draft plan to address potential right-of-way
requirements for future conveyance to the Town, free of costs and
encumbrances. As noted, should the Region be
unable to implement its preferred alignment for the transit corridor,
additional lands owned by the applicant may need to be protected for transit
use along the Highway 7 frontage or along portions of Warden Avenue, as a condition of site plan
approval.
Fire and Emergency Services
Fire and Emergency Services have reviewed the proposed site plan and
recommended conditions, including the designation of fire access routes per the
Ontario Building Code. Specific
conditions relating to the design of access routes, location of yard hydrants,
sizing of watermains, and other technical requirements will be addressed
through the conditions of site plan approval.
Other agencies have commented
General requirements identified by the various utility companies, waste
management and other departments have been included in the conditions of Site
Plan Control approval.
OTHER REQUIREMENTS:
Linkage Agreement is Required
Staff are supportive of the office component and would like to see it
proceed as quickly as possible. As
discussed in more detail previously in this report, it is recommended that a
servicing allocation of 311 units (to accommodate the Phase 1 residential
component) be granted from the Town Reserve, subject to Liberty executing a
linkage agreement with the Town wherein they would agree to obtain full building permits and start construction of
the office component, prior to seeking building permits for any residential
building. Other conditions related to
Liberty receiving this allocation include: entering into the Markham Centre
Developer’s Group Agreement; Council receiving a letter from a Trustee appointed by
the Markham Centre Developers Group supporting such allocation in the context
of the overall servicing allocation to the Markham Centre Secondary Plan area;
and, revisions to the building elevations and
site plan to address the concerns of staff and the Markham Centre Advisory.
Developers’ Group Agreement
Required
At the time of draft plan approval, the applicant was required to enter
into a no pre-sale agreement with the Town, committing not to pre-sell any
units until they have received a servicing allocation from the Markham Centre
Developers Group. In a letter dated April 27, 2005 (Appendix 1) Liberty is requesting that
the following clause in that agreement be deleted:
“The Owner covenants and agrees not to offer for sale or enter into any
agreements of purchase and sale with anyone, including individuals, other
developers or builders, for any units within the plan area unless water allocation
has been assigned by the Town and the Markham Centre Developers Group and
available sewer capacity has been confirmed in writing by the Town and Region.”
Liberty advises that there
are a number of outstanding issues which still need to be resolved before a
Developers Group Agreement will be in place.
As discussed earlier in this report, staff are supportive of Liberty receiving a
servicing allocation from the Town Reserve conditional, in part, on execution
of the Group Agreement. The agreement is
required to ensure the
provision and orderly sequence of community and common facilities such as
school sites, parks and public roads, municipal services, and that associated costs
are distributed in a fair and equitable manner.
The Developers
Group Agreement process is applied across the Town and staff strongly feel that
this is the most appropriate method to ensure that the various development
interests work together to address the parks and other components which are
critical for the future build-out of Markham Centre. Similar clauses have previously been
introduced in the site plan agreement for Tridel’s Circa project at Highway 7
and Town
Centre Boulevard and it would be inappropriate to grant Liberty an exemption from this obligation at this
time. The Markham Centre landowners have
initiated the Developer’s Group process and a draft agreement has been
circulated to property owners within and adjacent to Markham Centre. Discussions regarding a group agreement are
on-going.
Markham Centre Communications Strategy
The Communications
Strategy for Markham Centre is intended to renew and build public awareness,
define and communicate the vision, support the public consultation process, and
ensure consistent communication of the Plan by the various stakeholders. The strategy seeks to create a unified
Markham Centre presence, and the applicant has participated with staff in
reviewing promotional material for their sales centre.
In November, 2004, Council
adopted amendments to the Sign By-law to introduce an enhanced hoarding
programme. Depending on the type of
construction, hoarding could be in place for up to two years, and working with
the development community on their hoarding signage is a way to communicate
unified, key messages about the vision, benefits and urban lifestyle
opportunities within Markham Centre. Liberty
has indicated their interest in participating in the enhanced construction
hoarding programme, and staff are seeking authorization to enter
into a Hoarding Agreement with Liberty as a condition
of site plan approval.
FINANCIAL
CONSIDERATIONS:
There
are no financial implications for the Town in this report.
ENVIRONMENTAL
CONSIDERATIONS:
There are no environmental
implications for the Town. This proposal
has been evaluated against the Markham Centre Performance Measures and issues
of green infrastructure have been addressed in this report.
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:
The applications have been circulated to applicable
departments and agencies for comment, and their requirements have been included
as conditions of approval.
CONCLUSION:
The Liberty plan is another step in achieving the Town’s vision
of a dynamic, transit supportive, people-friendly and vibrant mixed-use
downtown. This proposal is consistent
with the objectives of the Markham Centre Secondary Plan and Guiding
Development Principles, and with the Regional Centre and Corridors policies of
the York Region Official Plan.
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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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ATTACHMENTS:
Figure 1 Location
Map
Figure 2 Site
Plan
Figure 3 Elevations
– Office Building
Figure 4 Elevations
– South Town Centre Boulevard Buildings
Figure 5 Elevations
– Suites Hotel
Figure 6 Rendering
– Residential Buildings
Appendix 1 Letter
dated April 27, 2005 from Liberty Development Corporation
Figure
1 – Location Map
Q/Development/Planning/Teams/MarkhamCentre/Coordinator/Liberty/Phase
1Site Plan Report
