RECOMMENDATION:

That the report dated June 28, 2004, entitled “Recommendation Report, Liberty Development Corporation (2015776 Ontario Inc.)” be received;

That the Draft Plan of Subdivision (SU 03 114556) and Zoning By-law Amendment (ZA 02 119054) applications be approved and, that the Director of Planning be directed to issue draft approval once the Owner has complied with the requirement to enter into the agreement set out below restricting pre-sale of residential units;

That prior to issuance of draft plan approval, the Owner shall enter into an agreement with the Town, which agreement shall be registered on title, committing not to 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. The Owner further agrees 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;

That the attached Precinct Plan (Figure 5) dated May 20, 2004, be approved subject to any changes resulting from revisions to the draft plan of subdivision;

That the draft plan of subdivision prepared by Malone Given Parsons Ltd., identified as Project Number 02-1214, and attached as Figure 4, be approved, subject to the conditions of Draft Plan Approval attached as Appendix ‘A’, the execution of a comprehensive subdivision agreement and revisions to the draft plan including:

changes required to reflect YRTP’s right-of-way requirements
revisions to reflect the expanded park blocks
reconfiguration of development parcels abutting the park blocks
appropriate corner roundings and day-light triangles
Clegg Road and Cedarland Drive right-of-way requirements
Access location and configuration to development blocks

That Council enact the zoning by-law, including Hold (H) provisions, as discussed in this report and distributed under separate cover;

That Council endorse, in principle, the Development Phasing Plan, subject to revisions, necessary, at the discretion of the Commissioner of Development Services, to reflect available servicing capacity, road and transit requirements; and that the applicant be requested to up-date the Warden West District Development Phasing Plan and revise the district targets to reflect Council’s approval, to the satisfaction of the Commissioner of Development Services;

That the Owner be advised and acknowledge that there is no sanitary sewer capacity available to accommodate residential development at this time, and that the Town, in consultation with York Region, will not remove the Holding (H) provision appended to the zoning by-law or issue Site Plan approval for any residential block/building until such time as the Region confirms that there is available sanitary sewer capacity to accommodate the proposed development;

That the Owner be advised and acknowledge that water capacity is limited to accommodate residential development at this time; that future water allocation, if any, will be granted at Site Plan approval stage for residential development, subject to Council receiving a letter from a Trustee appointed by the Markham Centre Developers Group supporting such allocation in the context of the overall water allocation to the Markham Centre Secondary Plan area; and, that the Town, in consultation with York Region, will not remove the Holding (H) provision appended to the zoning by-law or issue Site Plan approval for any residential block/building until such time as the Region confirms that there is available water capacity to accommodate the proposed development;

And that the release for registration of any phase of development will be subject to, among other matters:

Availability of adequate water supply, sanitary sewer capacity and stormwater management facilities
Adequacy of the existing and committed transportation infrastructure
Enactment of an Area Specific Development Charges By-law
Execution of a Development Phasing Agreement
Implementation of the Unionville Traffic Management Plan, as applicable (through the Developers’ Group Agreement)
Dedication of parkland (as applicable by phase)
Incorporation of the requirements of an approved noise and/or vibration study
Removal of the Holding provisions
Site Plan Control Approval
Implementation of the requirements of the Parking and Financial Strategy studies, as applicable
Submission of a review of applicable Performance Measures for the release of each phase of the subdivision or each Site Plan Control application.

PURPOSE:

The purpose of this report is to discuss the Precinct Plan for the comprehensive development of Liberty’s 7.4 ha. (18.1 acres) site and evaluate the applications for Subdivision approval and Zoning By-law amendments to permit a mixed-use development in Markham Centre. The proposal consists of 8 to 14 plus two storey loft residential buildings accommodating 1,798 units within the southeast quadrant of the Highway 7 and Town Centre Boulevard intersection. Two office buildings (6 and 13 storeys), oriented along Highway 7 with grade-related retail, represent the primary commercial component of this project.

Key components of this application include provision for the easterly connection of Clegg Road from South Town Centre Boulevard through to Warden Avenue, a new, mid-block north/south street between Clegg Road and Highway #7, as well as public park blocks totalling approximately 1.23 ha. (3.04 acres) linked to publicly accessible private amenity spaces. The proposal also protects for the future York Rapid Transit Plan (YRTP) transit alignment along South Town Centre Boulevard.

EXECUTIVE SUMMARY:

This report discusses the Precinct Plan for the comprehensive development of Liberty’s 7.4 ha. (18.1 acres) site and evaluates the applications for Subdivision approval and Zoning By-law amendments to permit a mixed-use development in Markham Centre. The applicant’s lands 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 Precinct Plan submitted by Liberty Development Corporation proposes 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 comprising a total of 1.26 ha. (3.12 acres). Two office buildings (13 and 6 storeys in height) with grade-related retail components are proposed along the Highway 7 frontage. In addition, 12 residential buildings ranging in height from 8 to 16 storeys (14 plus two storey loft), and containing approximately 1,798 units are also proposed. Public roads 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.

The majority of parking for this project is proposed to be located underground, with a portion of the office and related retail parking located at-grade. The initial proposal was before the Markham Centre Advisory Committee on March 20, 2003. A statutory public meeting before Development Services Committee was held on August 25, 2003.

The new Markham Centre Zoning By-law will be formatted to incorporate any Council approvals of the Liberty applications. This would include introducing the new Markham Centre Development (MC-D) zone category on the applicant’s lands and applying specific setback and building height permissions, along with floor area and dwelling unit limitations within the schedules of the new by-law. The Markham Centre – Public Space (MC-PS) Zone would be introduced on the two public park components of this proposal.

A broad range of use permissions will be provided for in the Markham Centre Development (MC-D) zone, and the by-law will also contain 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. Other Hold (H) provisions will relate to the implementation of the Town’s parking strategy.

The proposal envisions a mid to long-term build-out and the draft plan conditions, in concert with detailed Holding (H) provisions and the Precinct Plan, will ensure that development occurs in a deliberate, phased manner and that infrastructure will be in place to support the plan. The Liberty plan is another step in achieving the Town’s objectives to create 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 Centres and Corridors policies of York Region’s Official Plan.

BACKGROUND:

Council Resolution to limit residential draft plan and site plan approvals

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. Council directed staff to report in September, 2004 on issues of modelling and monitoring, surcharging, potential interim technical solutions, sanitary and water allocation policies, as well as the financial impact of a potential residential development slowdown. Council further 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. It should be noted that industrial, commercial and institutional restrictions are not subject to this moratorium.

In considering the Liberty proposal in this context, staff have held discussions with the Region regarding the potential future allocation and regulatory controls available to restrict residential development until such time as water and sewer capacity is available. In order to allow Liberty’s plan to be draft approved, subject to appropriate conditions, in advance of staff’s September reporting date and to facilitate the construction of Liberty’s first phase office component, for which a site plan application has been received and water and sewer allocation is available (due to its non-residential use), the following clause will be included in the conditions of draft plan approval, with similar restrictions being incorporated in the Holding provisions of the amending by-law. In addition, the conditions of draft plan approval require the owner enter into an agreement with the Town to not pre-sell any units unless water allocation has been assigned and the Region confirms that sewer capacity is available:

“Provision shall be made in the subdivision agreement that the Owner acknowledge that there is no sanitary sewer capacity available to accommodate residential development at this time, and that the Town, in consultation with York Region, will not remove the Holding (H) provision appended to the zoning by-law or issue Site Plan approval for any residential block/building until such time as the Region confirms that there is available sanitary sewer capacity to accommodate the proposed development.”

It should be noted that no final approval for residential development results from the recommendations of this report, as each residential building requires site plan approval. No site plan approval applications for the residential component of this project will be considered before capacity is available and in any event, not before September, 2004.

Property and Area Context

The property encompasses approximately 7.4 ha. (18.1 acres) located on the south side of Highway 7, east of South Town Centre Boulevard (see Figure 1). The lands 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 property is undeveloped, however there are mature trees along portions of the southerly and easterly boundaries of the site which are proposed to be incorporated into the parks blocks (see Figure 4 – Air Photo).

Surrounding land uses are as follows:

North - Markham Civic Centre

South - 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.

West - Stringbridge Investment’s business 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.

Precinct Plan provides for a Mix of Land Uses

Liberty Development Corporation is proposing 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. Two office buildings and 12 residential buildings, containing approximately 1,798 units are proposed.

The Precinct Plan’s built form and massing establishes the Highway 7 and Town Centre intersection as the landmark location for the maximum office building height of 13 storeys (equivalent to the height of the Hilton Suites). This programme is consistent with the Secondary Plan’s height schedule. The proposed building heights generally transition from the primary intersections, stepping down to 12 storeys along Warden and South Town Centre and to 8 and 10 storeys along Clegg Road and Cedarland Drive. At the Clegg Road and South Town Centre intersection, corner point tower buildings of 14 plus two storeys mark the ‘gateway’ into the Liberty/hotel precinct from the west.

Private outdoor space would consist of a series of internal courtyards, flanked by buildings and a continuous pedestrian pathway will be provided through the plan area, connecting Highway #7 with Warden Avenue, by way of the park blocks and individual internal courtyards of the residential blocks. Appropriate access agreements will be required to be executed in connection with the release of each phase of the plan. While predominantly residential in character, the proposal includes a retail component, in conjunction with office buildings along the Highway 7 frontage. Opportunities also exist to expand the range of uses within the base of the individual residential buildings to provide for future grade-related retail along portions of South Town Centre Boulevard and Clegg Road.

Public roads include the easterly extension of Clegg Road to Warden Avenue, a new north-south street between the applicant’s lands and the Hilton Suites Hotel, and the reconfiguration of Cedarland Drive to a local road. Two public parks are proposed by the applicant comprising a total of approximately 1.23 ha. (3.04 acres). One park is intended to respect a stand of trees adjacent to Warden Avenue, and the other, also with mature trees, will provide a north south connection from the proposed Clegg Road extension and Cedarland Drive, between two major building blocks. Portions of the proposed parks will contain below-grade parking to serve the adjacent residential blocks.

The majority of the parking for this project is proposed to be located underground. A portion of the office and related retail parking will be located at-grade. Opportunities also exist to introduce on-street parking in conjunction with the development of the road network through portions of the site.

Table One, below, outlines the project statistics.

Table One Liberty Site Statistics
Lot Area*	7.36 ha*	18.2 acres
Office Floor Area	23,150 square metres	249,192 square feet
Retail Floor Area	5,410 square metres	58,235 square feet
Residential Floor Area	150,330 square metres	1,618,200 square feet
Residential Units	1,798 units
Total Floor Area	178,890 square metres	1,925,627 square feet
Park Area	1.23 ha	3.04 acres
Floor Space Index*	2.43

* Based on acquiring portions of the surplus Cedarland Drive Road Allowance

Proposal has been reviewed and revised

This Precinct Plan was before the Markham Centre Advisory Committee on March 20, 2003. Issues discussed at that meeting related to conformity with the Markham Centre Secondary Plan, the need to enhance the office/retail component to ensure a truly mixed-use project, timing for full build-out, water allocation, the need for additional recreational space for outdoor activities, and the need to ensure that there is a proper relationship from one building to the next, to provide for a sense of place and a human scale. These matters are addressed in more detail later in this report.

The applicant’s original proposal provided for up to 16 residential buildings, containing approximately 2,100 units. The proposed buildings were to range in height from 6 to 18 storeys, with the majority of the built form being 8 to 10 storeys in height. Subsequent to the presentation to the Advisory Committee, and following discussions with staff, the proposal was revised and the Liberty plan was the subject of a statutory public meeting before Development Services Committee on August 25, 2003.

At the meeting staff outlined the applicant’s building programme, which consisted of 14 residential buildings ranging in height from 8 storeys to 14 storeys for a total of 1,998 units, and two office buildings (6 and 13 storeys). The highest elements of the plan were located adjacent to, and transitioning down in height from the Highway #7 intersection with South Town Centre Boulevard, which is identified as a ‘major intersection’ in the secondary plan. Primary issues identified at the public meeting related to the number of units and available school capacity, traffic and traffic infiltration, the need for rapid transit to support the number of units being proposed, the importance of a mix of uses to create a live/work project, the traffic signal network, and the necessity for phasing of construction to be linked to rapid transit.

Subsequent to the public meeting, a series of revisions were made to the plan, particularly with respect to addressing the right-of-way requirements for the preferred YRTP transit alignment along South Town Centre Boulevard, adjacent to this site. The land area required for the transit right-of-way has impacted the applicant’s ability to site buildings and achieve desired densities, resulting in an increase in the height for certain buildings, as well as an overall reduction in the number of units and amount of residential floor area within the plan. The changes which have occurred to the plan following the public meeting are as follows:

Parkland: increase in the amount of parkland from 0.9 ha (2.2 acres) to 1.23 ha (3.04 acres).

Units: reduction in the number of units from 1,998 to 1,798.

Commercial Floor Space: increase in the amount of commercial floor area (office and retail) from 24,600 square metres (264,800 square feet) to 28,560 square metres (307,427 square feet).

Building Heights: consistent height for the office component, but an increase in height from 14 to 14 plus two storeys for the tallest, point block residential component.

Notwithstanding the adjustment to the height of certain buildings, as discussed later in this report, staff are comfortable that the current height programme is consistent with the policies of the Secondary Plan.

POLICY CONTEXT:

York Region Official Plan Policy and Programme Support

Markham Centre is identified as a Regional Centre in the York Region Official Plan. The Region’s policies with respect to such centres are intended to ensure they serve as focal points for their respective communities with concentrations of residential, human service, commercial and office activities. Centres should include a broad mix of uses, be compact, pedestrian oriented, safe and accessible, while also containing the highest concentration and intensity of uses.

Recognizing the need to encourage higher density, transit supportive growth within York Region’s centres and corridors, the Region is pursuing a Centres and Corridors Strategy consisting of four key action areas (policy, programmes, financial tools and infrastructure investment) to guide development of an urban structure served by rapid transit. The Council has also approved a Transportation Master Plan, including the York Rapid Transit Plan (YRTP), and directed Regional staff to prepare a detailed policy framework to advance the urban structure.

The policy framework includes a draft Official Plan Amendment which contemplates introducing additional polices related to the development of centres and corridors to enhance the regional structure, and to more clearly detail the roles of centres and corridors and rapid transit services to advance the urban structure. This draft Official Plan amendment, which includes a long-term density target of 2.5 F.S.I. for Regional Centres, has been circulated to local municipalities. Town Planning Staff recently reported to Council on the draft amendment including recommending that Council endorse the general direction of the amendment, and requested further revisions to the scope of the amendment to:

Articulate and emphasize the Region’s desired urban structure within the context of the Region’s approach to Regional Structure and Growth Management;
Clarify that the long-term density target 2.5 F.S.I. applies to Regional Centres and Key Development Areas in Regional Corridors, as determined by the local municipality and identified in local Official Plans, and to recognize that achievement of the target may occur incrementally in phases over time, based on the life cycle of existing development and improvements to transit and transportation capacity; and
Concurrently address changes required to Chapter 6 of the Regional Official Plan (Regional Infrastructure), to ensure integration and consistency of transit supportive land use and urban design policies with infrastructure and transportation polices, in support of the Region’s desired urban structure.

The draft Regional Official Plan amendment was the subject of a public information meeting held on May 5, 2004, and a formal Public Meeting on June 24, 2004. Additional opportunities for consultation with local Councils will occur over the summer. It is anticipated that the final report with recommendations will be submitted to Regional Planning Committee in November, 2004.

In the interim, comments received from York Region Planning indicate that they have no objections to the applicant’s proposal, subject to available Regional infrastructure and appropriate conditions of draft plan approval. It is noted that the proposal is consistent with the Region’s urban structure vision and that the proposed gross density level of 2.43 F.S.I. would help to achieve their transit supportive objectives/goals within a defined Regional Centre.

Markham Official Plan

Liberty’s lands are designated Commercia1 in the Markham Official Plan. The Commercial policies establish a series of goals and objectives intended, in part, to encourage the mixing of compatible commercial, residential and other land uses at appropriate locations. A stated objective of the Plan is to provide opportunities for comprehensively planned, mixed-use developments incorporating complementary and compatible commercial and non-commercial uses.

The Commercial designation is further defined in the Community Amenity sub-category policies, which apply to this site and provide for a multi-use, multi-purpose centre offering a diverse range of retail, service, community, institutional and recreational uses, intended to function as significant and identifiable focal points for the areas served. Office development, as well as medium and high density residential uses, at appropriate locations, are permitted within the Community Amenity category, provided the planned function of the lands is maintained. Specific locational criteria for such designations include at the intersections of arterial and/or collector roads, and areas intended to be well served by public transit. The proposed location and mix of uses within the Liberty Plan is consistent with the applicable Commercial policies of the Markham Official Plan.

Markham Centre Secondary Plan

The lands are designated 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. Lands within this designation may also be used for predominantly medium or high-density residential development subject to the review and approval of a specific development proposal and rezoning.

Liberty Development Corporation’s comprehensive proposal reflects a concentrated, urban built form, with street related buildings connected by common amenity areas. The mix of uses proposed is consistent with the Community Amenity – Major Urban Place designation of the lands. The proposed gross density of approximately 2.43 FSI will further the Town’s and Region’s objectives with respect to Centre and Corridors along major future transit routes.

Height provisions of the Markham Centre Secondary Plan are Respected

OPA 21 generally provides for heights within this quadrant of up to 8 storeys with provision for a possible increase to 13 commercial storeys (approximately 16 residential storeys) at key strategic locations, including Town Centre Boulevard and Highway 7. This increase is predicated on several factors, including good urban design and an appropriate transition of building heights within the Plan area. The benchmark for maximum height at the identified strategic locations is the top of the clock tower of the Hilton Suites Hotel, which is located on the adjacent property to the east, at the southwest corner of Highway # 7 East and Warden Avenue.

The applicant’s proposal provides for up to 12 residential buildings, containing approximately 1,798 units, and ranging in height from 8 to 14 plus two storeys, with half of the buildings being 8 to 10 storeys in height.

Major intersection locations are identified in the Secondary Plan where buildings should be designed and massed to emphasize unique qualities which set them apart from other sites in the centre. The intersection of Highway #7 and Town Centre Boulevard is one such location and in response to initial staff comments, the height of the proposed office building has been increased from 10 to 13 storeys, with a corresponding increase in office floor area from 17,650 square metres (189,990 square feet) to 23,150 square metres (249,193 square feet). This increase in height of the office component represents the tallest element within the Liberty plan, consistent with its location at an identified major intersection in the Secondary Plan. The balance of the building heights within Liberty’s plan transition away from Highway #7, with the lowest, 8 storey elements internal to the site, fronting Cedarland Drive.

In certain instances where the residential buildings exceed 8 storeys, the applicants are proposing a setback for the top two storeys of those buildings. This setback provides diversity to the roofscape along the more urban streets and at important intersections, through the introduction of a two-storey mansard, which incorporates different building materials. The variations in the height and treatment of the buildings, is intended to address appropriate architectural proportion, create a community with a sense of place, while maintaining its strong street edge relationship.

The Precinct Plan’s built form and massing establishes the Highway #7 and Town Centre intersection as the landmark location, and at approximately 231 metres above sea level, the office building is the highest element within the project and complements the adjacent hotel. The project height then steps down to 216 metres (exclusive of mechanical penthouse) at South Town Centre Boulevard and Cedarland Drive. Within this transition area, the plan includes two 14 plus two storey residential buildings in a point tower format on either side of the intersection of Clegg Road and South Town Centre Boulevard, intended to form a gateway into the Liberty and hotel precinct from the industrial precinct to the west.

While the number of floors within some residential buildings may equal or exceed those proposed within the commercial buildings, the lower floor heights for residential buildings (approximately 2.65 metres verses 3.6 metres for office space) would result in a lower absolute height for these buildings. The applicant’s proposal ensures that the clock tower benchmark is respected, and the highest elements within the plan continue to be located at the intersection of Highway #7 and South Town Centre Boulevard.

While stepping down from the intersection, the plan also ensures that the tallest buildings are generally oriented towards South Town Centre Boulevard, the preferred alignment identified by YRTP for the rapid transit route to divert off Highway #7 through Markham Centre. This arrangement supports the Secondary Plan’s public transit policies which seek to have 85% of the population of the community within 400 metres of a transit/bus route.

This transition in height down from the Hilton Suites clock tower continues along Warden Avenue where two 12 storey buildings are proposed. The highest elements in the Secondary Plan, and in the Warden West Precinct, would be respected in the proposed building programme.

Shadow studies submitted indicate that the scale and massing of the buildings within the plan are sensitive to adjacent land uses and minimize impacts on the park parcels. Based on the need to accommodate YRTP’s alignment and right-of-way requirements, while still achieving desired density levels, staff support the current height programme as consistent with the policies of the Secondary Plan.

Warden West District targets will be monitored

The proposal must be considered in relation to the employment, population and unit targets contained in the non-statutory statistical Appendix I to OPA 21. The Central Area Statistics indicate the amount and distribution of development that was used to determine the provision of public infrastructure envisioned by the plan including parks, schools, roads and water and sewage facilities, with the intent that development levels will be monitored and the projected level of infrastructure adjusted to be kept in balance and pace with development. The plan also recognizes that Development Phasing Plans and Precinct Plans will further refine the values contained in the tables for the various districts. With respect to certain key elements of this infrastructure, capacity issues will be addressed separately in this report.

The original density projections for the Warden West District contained in the Secondary Plan envisioned 1,500 residential units (570 medium and 930 high density), a population of 3,600 people, 7,000 square metres of retail floor area and 100,000 square metres of employment floor area. No school sites were identified in this district. Subsequent to the adoption of the Secondary Plan, a number of changes have occurred to the composition of this District, including the introduction of IBM’s software lab, and a detailed evaluation of a Precinct Plan for the Stringbridge lands (at the south west corner of Highway #7 and South Town Centre Boulevard), which resulted in Council endorsing changes to the targets in 2002, as outlined below in Table Two.

While introducing a greater residential component into the Warden West Precinct, the retail and employment projections still compare favourably to the revised projections and, in fact, represent significant gains in both areas. Liberty’s proposal provides for approximately 28,560 square metres (307,427 square feet) of retail and employment floor area, in excess of the 16,800 square metres originally contemplated for this site in the targets.

Targets

Table Two Warden West District Targets
	Warden West District (as revised)	Revised to include Liberty
Target Residential Units	350 high density units	1,798 high density units
Target Population @ 2ppu*	700 persons	3,596 persons
Schools	None	None
Target Retail	1,500 square metres	5,910 square metres
Target Employment	322,200 square metres	328,550 square metres

*per Appendix I, OPA 21

The introduction of the residential units creates a broader mix of uses within the District which supports the Town’s desire to create a truly mixed-use, live-work environment, at an intensity of development which will contribute to a high live-work ratio, and a transit supportive downtown. With respect to non-residential uses, the additional floor area can be achieved as a result of structured parking and rapid transit being introduced through the plan. The applicant’s traffic study evaluated the traffic impacts associated with the end state traffic conditions, based on full build-out of the draft plan and concluded that the development can be accommodated on the surrounding road network. Additional traffic analysis will be required prior to the release of each phase of development through the site plan approval process.

It should be noted that in reviewing these applications, both the York Catholic District School Board and the York Region District School Board have indicated that they have no objections to the proposal and neither board has identified any requirements associated with these applications.

Staff are of the opinion that the Liberty proposal helps to further the intent of the Markham Centre Secondary Plan to create a mixed-use urban Town Centre. With the Clegg Road extension, the new north-south street and the proposed YRTP transit alignment along South Town Centre Boulevard, the proposed Precinct Plan provides for a higher order of transportation infrastructure within the Warden West Precinct than originally contemplated in the Secondary Plan. The targets need to be considered in the perspective of creating a true, regional scale urban centre, over an extended period of time, and the provisions of the Secondary Plan are flexible on density, subject to the comprehensive review and evaluation through the Precinct Plan process. Staff will be monitoring the targets in Markham Centre as development proceeds, in this and other precincts, to ensure that infrastructure is introduced in a timely fashion and statistics are kept current as actual development levels are confirmed.

Technical Amendments

Schedule ‘BB’ of OPA 21 identifies a hierarchy of roads within the Plan area, with Cedarland Drive being a Major Collector. In order to construct the proposed easterly extension of Clegg Road through to Warden Avenue and provide a continuous link westerly to Rodick Road, this Schedule should be amended to recognize this portion of Clegg Road as a Major Collector. Work on the Environmental Assessment for the construction of the Clegg Road extension is on-going.

The EA process for Clegg Road will determine the final location and configuration of the road, and provide for the re-location of the traffic signals at Warden Avenue and Cedarland Drive, north to the new intersection of Clegg Road at Warden Avenue. Following this process, Cedarland Drive will be reclassified and configured to a local road. The width of pavement required for Cedarland Drive may result in lands becoming available for use by the abutting landowner(s).

Staff propose to bring forward a technical, housekeeping amendment to the Markham Centre Secondary Plan to address issues such as road classification and other policy matters which have been introduced since the adoption of the Plan.

Existing Zoning Requires Amendments

The property is zoned Select Industrial with Limited Commercial [(H) M.C. 60%]. The applicants have applied to rezone the property to a Mixed Use Residential Commercial Zone to reflect the Community Amenity Area – Major Urban Place designation in the Official Plan and the proposed development.

As noted through Council’s consideration of the Remington application, a new Zoning By-law for Markham Centre will be brought forward, which will initially only apply to the Remington lands, but be formatted in such a way to allow it to be expanded to encompass other lands within the Centre based on development approvals.

This by-law will be presented to Council for enactment in June. Staff have worked with the consultant who prepared the by-law to format the document to allow any Council approvals of the Liberty applications to easily be incorporated. This will include introducing the new Markham Centre Development (MC-D) zone category on the majority of the applicant’s lands and applying specific setback and building height permissions along with floor area and dwelling unit limitations within the schedules of the new by-law. The Markham Centre – Public Space (MC-PS) Zone will be introduced on the two public park components of this proposal.

Key components of the by-law include a broad range of use permissions within the Markham Centre Development (MC-D) zone, while restricting other inappropriate uses such as drive-through facilities, gas bars, service stations, automotive/motor vehicle facilities, outdoor storage and industrial uses. The by-law will also focus on development standards needed to achieve desired urban design, mixed-use and transit-oriented criteria, by including caps on the amount of floor space and the number of dwelling units permitted.

The by-law will also contain a series of Hold (H) provisions, applicable to all development parcels, 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.

Another key component of this By-law and the Town’s vision for Markham Centre is to encourage the establishment of a public transit system through Markham Centre. The By-law recognizes and supports this objective by reducing the amount of parking that can be provided with any use, over time. It is recognized that, in the interim there may be a need to site temporary parking on certain lands within Markham Centre, and the By-law would allow for this to occur, provided appropriate approvals are in place. Arrangements to satisfy this requirement could consist of a variety of mechanisms including cash-in-lieu of parking, temporary use by-laws, arrangements for the construction of parking structures or a combination of these measures.

The applicants are proposing a parking ratio for the office and retail component of 1 space per 30 square metres (3.0 spaces per 1,000 square feet) maximum, consistent with existing Town-wide parking by-law requirements, but in excess of the maximum 1 space per 37 square metres (2.5 spaces per 1,000 square feet) included in the new Markham Centre By-law.

The majority of this parking will be constructed below grade, with a limited amount of short-term and retail parking provided at-grade and behind the office buildings. This additional parking will not have any impacts on the ability of the site to deliver the built form vision and the parking beyond 1 space per 37 square metres (2.5 spaces per 1,000 square feet) would help to offset the economic impacts associated with the below grade costs.

There are several methods to accommodate this additional parking, and the Markham Centre By-law recognizes a strategy of Hold provisions (H) and temporary use by-laws to allow the additional parking to occur over the short-term, while providing the Town the opportunity to reduce the amount of parking over the long-term, through limiting further extensions of the temporary use permissions. This strategy is particularly effective when dealing with surface parking, which can then be converted to structured parking as additional lands are made available for development.

It is a greater challenge to “claw back” parking when it is provided in a structure, or underground, from the outset. In order to accommodate this circumstance and maintain the integrity of the parking standard contained in the by-law, it is recommended the additional parking be provided, subject to the required supply of 1 space per 37 square metres (2.5/1,000 square feet) being located below grade. The additional parking spaces being requested could then be accommodated above, or below grade, to the maximum of 1 space per 30 square metres (3/1,000 square feet). If accommodated above grade, opportunities would still exist for future redevelopment of the surface parking, once market conditions warrant.

The applicants have also 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 currently under the ownership of the Province of Ontario and are in the process of being 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. This would allow Liberty to provide parking in the near term to accommodate market expectations, and allow the Town to participate in a shared public parking strategy, and to reduce the amount of parking dedicated solely to office development in the long-term. Access to this parking could be accommodated through the design of the underground structure possibly by incorporating ‘knock-out’ panels in the wall. In the event these lands can be accessed by Liberty to facilitate their office development, staff will report back to Council.

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. A draft amending by-law for the Liberty lands will be distributed under separate cover.

PRECINCT PLAN, BUILT FORM VISION & COMMUNITY DESIGN:

The applicants have submitted a detailed Precinct Plan which establishes the parameters for the land use, density distribution, physical character and built form of development. The Plan speaks to major structural elements, streetscape, implementation strategy and the plans relationship to the Markham Centre vision and Performance Measures.

Buildings within the Liberty plan are based on a European block development pattern with buildings oriented around private courtyard spaces, while at the same time allowing for an almost continuous street façade. Entrances will address the street, and residential uses will generally front onto, or overlook parks, public streets and other public spaces. As site plan applications are processed, the ground floor treatment of the buildings will be reviewed to provide for pedestrian access to the units at-grade, building lobbies and retail spaces. Opportunities exist to introduce retail uses/cafes along the edges of the parks to animate the street and public realm.

The streetscape is further defined by a two-storey podium within the base of the buildings which supports social interaction, complements the streetscape and promotes safe streets. Commercial uses are intended to be located in proximity to South Town Centre Boulevard and Highway #7 to be easily accessible. Buildings will provide for significant amounts of glazing, to ensure transparency, and where appropriate, street related retail activity. Where the buildings feature a “plus 2 storey” configuration, the upper two storeys are setback from the main building face below. In the design of buildings with penthouses, materials at the penthouse level should be lighter featuring large amounts of glazing. Two point tower buildings will be sited on either side of the South Town Centre Boulevard and Clegg Road intersection to establish a “gateway” into the precinct at this location.

A 5.0 metre wide boulevard is the preferred standard for roads within Markham Centre and staff have applied this standard consistently in discussions with the applicant. The developer will be required to construct the boulevard area with an up-graded sidewalk width of 2.0 metres, as well as enhanced treatments including street trees planted with a 6.0 to 8.0 metre spacing, lighting, street furnishings, and hard surface boulevard treatments, especially where adjacent to retail, lobbies or public uses. Sidewalk and boulevard treatments should be continuous through driveway entrances to visually dominate curb cuts and create a pedestrian-oriented environment. Special consideration will be given in the detailed design phase to pedestrian crossing locations and material treatments.

Parking, for the most part, is intended to be provided below-grade. Some parking is proposed to be located beneath portions of the public park blocks, and this will be reviewed in concert with site plan control applications and a tree preservation plan. On-street parking could be introduced in certain areas to further animate the street, complement visitor parking for residential buildings, and support the Town’s emerging parking strategy study. The on-street parking would be accommodated within the 5.0 metre boulevard. A limited amount of surface visitor parking has also been identified internal to the courtyards. Service areas and loading facilities will be located towards the rear of buildings. Lay-bys adjacent to building entrances will be subject to up-graded design treatments.

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.

On-going work to finalize the transit alignment, the EA for Clegg Road and possible reconfiguration of Cedarland Drive may affect the development limits for these lands and, once resolved, the Precinct Plan should be revised to reflect these changes. Prior to consideration of any Site Plan approval, additional traffic reports will be required to address access, on-street parking and any other traffic issues the Town or Region may have.

Development of these lands will be subject to site plan control approval, and the lifting of Holding (H) provisions within the by-law. The Holding provisions require the submission of plans which will allow staff, Council and the Advisory Committee additional opportunities to review each phase of the project.

ADVISORY COMMITTEE & PERFORMANCE MEASURES:

In accordance with Council policy, this proposal was before the Markham Centre Advisory Committee on March 20, 2003. While the comments of the Advisory Committee were largely supportive, issues discussed related to conformity with the Markham Centre Secondary Plan, the need to enhance the office/retail component to ensure a truly mixed-use project, timing for full build-out, water allocation, the need for additional recreational space for outdoor activities, and ensuring that there is a proper relationship from one building to the next, to provide for a sense of place and a human scale.

As noted, subsequent to this project being reviewed by the Advisory Committee, a number of changes have been made to the plan which respond to the comments of the Committee, including an increase in the amount of floor area for the office and retail component. In addition, the receipt of an application to introduce residential permissions in conjunction with the adjacent Hilton Suites Hotel site, should further the development of this precinct with a consistent built form and street relationships.

The precinct and draft plans address many of the Performance Measures on a precinct basis through the provision of a new network of public streets and opportunities for interconnections throughout the rest of Markham Centre. A right-of-way has been identified for public transit along South Town Centre Boulevard which will connect to the Unionville GO Station.

Buildings within the plan define street edges and open spaces and create a coherent urban character. The greatest concentration of height and density are located in relation to the proposed rapid transit alignment and are appropriate in scale. Streets support pedestrian activity and safe, efficient movements. The two-storey podiums at the base of the buildings helps to ensure a sense of place and provide for a pedestrian scale to the project.

While the site does not abut the Rouge River or its tributaries, and as such the Greenlands measures are not applicable, the applicant is endeavouring to identify and protect stands of mature trees within their site boundaries, by organizing the proposed parkland around them. Detailed tree evaluation and protection measures will be required in connection with development phasing related to the individual parks blocks.

Parks and open spaces will be publicly accessible on a year round basis and the applicant has designed the internal courtyards in such a way as to provide opportunities for continuous pedestrian linkages between the public parks and the courtyards. These linkages are identified in the conditions of draft plan approval, and will be implemented by way of access agreements when individual phases are developed.

Green infrastructure principles, as outlined in the Markham Centre Performance Measures document, will be incorporated into the design and construction of the development on the basis of a report prepared by the applicant and to the satisfaction of the Town, prior to site plan approval. This report will provide for a green infrastructure programme that will include but not be limited to the provision of stormwater management, reduced energy consumption and green roofs. The District Energy network is currently being extended along South Town Centre Boulevard to potentially serve both the key commercial and residential components of the plan.

The Performance Measures now form an Appendix to the Markham Centre Secondary Plan, and are applied to the review of development proposals to ensure the successful implementation of the policies of the Plan. The Performance Measures include a reporting component, which identifies targets intended to serve an on-going role in monitoring activity within Markham Centre. Staff will be discussing the Performance Measures, in more detail, as part of the reporting process for each phase of development.

OPTIONS/DISCUSSION:

PARKS AND OPEN SPACE:

In September, 2003, Council endorsed a series of Parkland Principles for Markham Centre which outline a strategy to guide the dedication and delivery of public parks, squares and urban plazas throughout the Centre. This strategy recognizes the 3 acres per 1,000 population residential dedication standard as a fundamental element in delivery of the vision, with the majority of the overall parkland requirements being achieved in land. The strategy also outlines a mechanism to use cash-in-lieu monies for the acquisition of parkland, improved to a higher standard of design and finish, to reflect the urban nature of parks within Markham Centre.

The applicants have identified two park blocks within their plan (3 & 5, Figure No.4) which comprise approximately 1.23 ha (3.04 acres). This figure is larger than anticipated in the Markham Centre Parkland Principles review, which contemplated a total area of approximately 0.8 ha (2 acres), based on Liberty’s earlier submissions. This increased area reflects expanded open space parcels intended to provide linkages to the internal courtyards (on either side of the internal park – Block 3, and on the west side of Block 5). A continuous pedestrian pathway will be provided through the plan area, connecting Highway #7 with Warden Avenue, by way of the individual internal courtyards of the residential blocks, and the appropriate access agreements will be required to be executed in connection with the release of each phase of the plan. The balance of the parkland contribution will consist of cash-in-lieu of land and is estimated to be the equivalent of approximately 3.72 ha (9.12 acres).

The park parcels have also been sited so as to preserve existing trees located within the plan. Parking beneath portions of the park parcels has been identified and these parking areas have generally been located to avoid existing mature vegetation. More detailed review will occur at the site plan approval stage, but the Markham Centre Parkland Principles provide for the granting of rights below parkland for the development of structured parking facilities.

The parking structures underneath parks, open space facilities, pedestrian linkages and other outdoor amenities must sustain a variety of hard and soft landscape features, including trees. This will require sufficient structural capacity for the parking structure and sufficient allowance for soil coverage over the structure to sustain the plantings, in accordance with Town standards.

A detailed tree survey and preservation plan will be required as part of the conditions of draft plan approval, and depending on the results of the survey, there could be a need to reconfigure the proposed parking areas and/or building footprints in an effort to protect and maintain the existing trees. Securities will be required in connection with preserving the trees which are designated to be retained.

The shadow study has been reviewed and indicates an acceptable level of seasonal shadowing in relation to the public parkland.

PHASING:

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. Specifically, the plan identifies road construction, distribution of residential and employment density, and the construction of stormwater, sewer and water infrastructure to be addressed. A Phasing Plan was previously prepared for the Warden West District in conjunction with the approval of the Precinct Plan for the Stringbridge lands and that Phasing Plan will have to be amended to reflect any Council approvals associated with the Liberty proposal.

The Phasing Plan for the Liberty proposal identifies three phases to achieve full build-out, spread over more than 5 years. Phase One consists of Block 1 on Figure 4 (approximately 2.63 ha or 6.5 acres) south of Highway #7 to Clegg Road and includes approximately 640 units, the retail and commercial component (28,560 square metres), and the two public parkland components of the plan, representing 1.23 ha. (3.04 acres). Key infrastructure components identified with this phase include the new north south public road connection between Liberty and Hilton Suites, signal timing optimization of the Highway #7 and South Town Centre Boulevard signals, as well as Warden Avenue and Cedarland Drive.

While not identified as part of this phase, the construction of the connection of Clegg Road to Warden Avenue and relocation of the signals at Cedarland Drive have been identified by the Engineering Department as being required at this time. Depending on available sewer capacity and water allocation, the timing for the construction of this phase could occur relatively quickly, commencing with the first phase office building and three residential components over the next year to year and a half. Residential build-out will be longer if current sewer constraints continue.

The second phase of the Liberty proposal comprises approximately 1.3 ha. (3.2 acres) of land at the north east corner of Cedarland Drive and South Town Centre Boulevard – Block 2, Figure 4. This phase consists of 623 units within four residential buildings. No parkland is proposed as part of this phase, however continuous pedestrian links between parks and the individual development parcels on this phase and phase one would be achieved through the private courtyards. Continued monitoring of signals at South Town Centre Boulevard and Highway #7 would occur to ensure signal optimization, as would the signals at Cedarland Drive and Warden Avenue in the event the Clegg Road extension has not been completed. Additional full–movement driveways would be constructed to access individual development parcels and the traffic signals at the intersection of South Town Centre Boulevard and Clegg Road would need to be installed. Timing for the start of construction of this phase is projected to occur between 2006 and 2007 (unless current sewer constraints continue).

The final phase represents the balance of the build-out for this project and includes the remaining lands within Block 4, representing approximately 1.04 ha. (2.57 acres) and 535 units within four buildings, in the south-easterly quadrant of the Liberty plan. Infrastructure identified in conjunction with this phase includes the widening of Highway #7. The construction of the Clegg Road extension and the relocation of the signals from Cedarland Drive to the new intersection of Clegg Road and Warden Avenue were originally identified to be undertaken as part of this phase, but this will be adjusted to reflect Town Engineering requirements, as will Cedarland Drive’s reconfiguration to three lanes. Links between the public parks, which flank this phase, through the internal private courtyards, would be provided at this time. Depending on available service capacity, the timing for the start of construction of this phase could occur between 2008 and 2009.

Subsequent to the drafting of the Phasing Plan, servicing constraints were identified by the Region with respect to available sanitary sewer capacity and water allocation. Consequently, until these issues are resolved and the timing for available services is quantified, the Phasing Plan may have to be revised to reflect the adjusted timelines.

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 applications. The study outlines the end-state traffic conditions upon full build-out of the site in the horizon year 2009. The parameters used in the traffic study are based on industry-accepted values. Projected traffic from developments including Tenstone/Tridel, Stringbridge and the first phase of Remington were included in the analysis. The study assumes that the following planned road improvements in this area will be in place for the full build-out, and concludes the traffic impacts from this development can be accommodated on the surrounding road network:

· Highway 7 widening to 7 lanes from Fairburn Drive to CN Tracks east of Sciberras Road

· Warden Avenue widening to 7 lanes from Applecreek Drive to Highway 407

· Clegg Road extension to Warden Avenue

· Enterprise Boulevard extension to Kennedy Road

· Birchmount Road from Highway 7 to 14^th Avenue

· Rodick Road extension over Highway 407.

With respect to the various road improvements identified above, which are required to support full build-out of the Liberty Plan, the Engineering Department’s and the Region of York’s Capital Programmes have a projected time frame for their completion of 5 years, which is consistent with the applicant’s phasing plan.

An analysis of conditions with and without the full system rapid transit was undertaken for the surrounding roads and intersections. The results show that most of the adjacent intersections will be busy but will operate within acceptable conditions. In conclusion, the traffic generated by the proposed development can be accommodated on the planned transportation network in this area.

Operational issues remain to be addressed

As Site Plan Control and Hold (H) removal applications are processed, the following specific traffic operational issues will need to be addressed as part of detailed site-specific approvals:

The traffic generation rates for office uses are acceptable based on the proposed supply of office parking on site. Should additional parking be considered for office uses off site, a traffic study will be required to demonstrate the impact on the adjacent road network.

The driveway access (#4) to South Town Centre Boulevard must be designed to restrict inbound left turn movements (southbound to eastbound left turn movements). There is insufficient left turn storage length to accommodate queues from the South Town Centre Boulevard/Highway 7 intersection and the demand into this driveway. Resultant queue spillover combined with buses stopped at the Quick Start stop on both sides of South Town Centre Boulevard south of Highway 7 will result in poor operating conditions along this section of South Town Centre Boulevard.

Driveway access #4 to South Town Centre Boulevard will be restricted to right-in/right-out movements once the full system rapid transit system is constructed. The Region of York has indicated that they will consider a full movement signalized intersection at the Highway 7 access with the new north/south road, upon construction of the full system rapid transit. In the interim, it is recommended that additional access via the proposed driveway to Highway 7 be considered to allow for left turns into the site from Highway 7.

The planned accesses are acceptable for each of the blocks, however, final locations and lane configurations will be subject to detailed on-site circulation reviews.

Lay-bys to serve the front door of the residential buildings on Clegg Road and Cedarland Drive are acceptable, however they must be one-way and include a physical separation from the roadway.

The traffic study has noted the provision of northbound to westbound left turn movements at the Warden Avenue/Cedarland Drive extension. The Town’s EA study for Clegg Road noted that this intersection would be restricted to right-in/right-out movements when Clegg Road is extended and the traffic signals are relocated to the Clegg Road/Warden Avenue intersection. The traffic study indicates that poor levels of service would be provided for this movement during peak periods. Regional staff will need to approve this movement in consideration of the poor level of service and queuing issues adjacent to the IBM overpass.

The proposed phasing plan for transportation improvements is not acceptable as it does not reflect the Town’s requirements for the construction of Clegg Road and further discussions are required to finalize this plan.

A comprehensive TDM plan is required to demonstrate how alternative modes will be encouraged for the office component of this development. This plan should clearly identify bike parking, carpool parking, provision of shower facilities for office uses and any other measures to promote alternative modes to the single occupant vehicle.

The consultant has commented on potential reduction of Town Centre Boulevard widening south of Cedarland Road. Based on a review of existing and future conditions, the existing four lanes of traffic will need to be maintained on South Town Centre Boulevard in addition to the two bus rapid transit lanes from Highway 7 to the IBM access.

SERVICING:

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. Two sanitary systems are available on South Town Centre Boulevard. Further studies and work are to be completed by the Town and Owner to determine the most appropriate system for this development to connect into. This determination is to be finalized prior to any site plan approvals.

Stormwater Management and Water Quality

There is a storm sewer located on South Town Centre Boulevard that has been designed to take pre-development flows from this development. This sewer directly outlets into the Rouge River within the IBM property and has insufficient grade and no space available to provide for a storm water management pond before out-letting into the river. The owner will be required to provide on-site controls to address water quality and erosion criteria at the site plan stage for each Block. The Owner will also be required to pickup external drainage north of Highway 7 that was not originally incorporated into the design of the South Town Centre Boulevard sewer.

Water Allocation

The Town has approved policies to provide for the allocation of water to specific developments. This development is located within the Markham Centre Secondary Plan area, and allocation remains for 654 units to be distributed to individual developments. Allocation for this development will be distributed at the site plan approval stage. Prior to site plan approval of any residential development, the Town will require a letter from the Trustee indicating units allocated for water, to this development.

Sanitary Sewer Capacity

The Town has placed a moratorium on residential development approvals within the Town of Markham due to insufficient capacity of the YDSS. The Region of York, local municipalities and the development industry are currently working on establishing technical solutions to the capacity constraints and the Region is expected to report back in the fall of 2004 identifying possible solutions. As the Town has not been involved in allocating sanitary servicing capacity in the recent past (since 1998), policies are not in place to guide allocation. After receiving input from the Region concerning technical solutions and allotment, the Town will establish policies for allocating sanitary servicing.

Allocation for sanitary servicing cannot be granted for any residential development until sufficient allocation from the Region has been provided to the Town and appropriate policies are in place to allocate to individual projects. In the interim, the conditions of draft plan approval require the owner to enter into an agreement with the Town to not pre-sell any units unless water allocation has been assigned and the Region confirms that sewer capacity is available.

Development Charges

Prior to the registration of any phase of the plan or any development occurring on the site, a Development Charge by-law must be enacted to identify area specific and Town Wide charges. The owner will be required to pay such charges at the site plan agreement stage.

ROAD WIDENINGS:

South Town Centre Boulevard

The Region of York (YRTP) is currently preparing 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. The owner 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.

Clegg Road

The Town is completing a class environmental assessment for the extension of Clegg Road to Warden Avenue through the Owners land. It is expected the Town will be filing an Environmental Study Report (ESR) with respect to this project by the end of July 2004. The Owner will be required to dedicate, free of costs and encumbrances, the land to support this road as identified in the ESR. The ESR will not include the transit requirements on South Town Centre Boulevard, as the Regional ESR has not yet been filed. Therefore, the Owner will be required to adjust the land requirement for Clegg Road between South Town Centre Boulevard and Warden Avenue considering the protection of the transit route on South Town Centre Boulevard, to the satisfaction of the Town and the Region. It should be noted that the design proposed for the Clegg Road extension includes dedicated bike lanes which would link with those to be introduced onto Rodick Road, and eventually, easterly through lands on the east side of Warden Avenue.

In addition to the land requirements for Clegg Road, the EA may propose a narrowing of Cedarland Drive, which may leave certain lands available to be transferred to the Owner, for development purposes. The Town or local utility companies may require easements over existing services within these lands to be transferred.

North/South Road Link

The owner will be required to dedicate a local road from the Clegg Road extension north to Highway #7, abutting east property line, to the satisfaction of the Town and the Region of York. The design of the intersection of this road with Highway #7 must be to the Region’s 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 Study has been Submitted

The applicants have submitted a Noise Control Feasibility Study which identifies potential major sources of noise which could affect the development, including Highway #7, Warden Avenue, the Hilton Suites Hotel and Conference Centre and other commercial activity within the vicinity. 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 development of these lands for residential purposes.

The report defined minimum noise attenuation requirements for the control of outdoor and indoor environmental sound levels and concluded that all outdoor living areas associated with the residential buildings will have acceptable outdoor sound levels due to transportation related sources of noise and no outdoor noise control measures are required. Indoor noise control measures are required for all residential buildings with relevant warning clauses to meet MOE criteria. The applicant will be required, through conditions of draft plan approval and subsequent subdivision agreements to undertake Detailed Noise Control Studies and provide confirmation that appropriate noise attenuation measures and warning clauses have been incorporated into each phase of their development.

AGENCY REQUIREMENTS

The Regional Municipality of York

The Regional Municipality of York has noted that sewage treatment capacity for the residential portion of this project is not available. The Region requires that restrictions be imposed on the residential component of this development until they have determined additional capacity is available based on on-going analysis of the York Durham Sanitary Sewer System and York Water System. Specific requirements to meet Regional concerns with respect to agreements, warning clauses, water and sewer capacity, transportation, access, road design and transit are included as conditions of draft plan approval.

It should be noted that the Owner will be required to enter into an agreement with the Town, registered on title, committing not to enter into any agreements of purchase and sale unless water allocation and sewer capacity has been assigned by the Town and Region. The Owner will further be required 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.

YRTP

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.

Fire and Emergency Services

Fire and Emergency Services have reviewed the application and recommended conditions. Conditions include the designation of all internal streets and service lanes as 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 have been incorporated into the conditions of draft plan approval.

York District School Boards have reviewed the applications

The revised proposal was circulated to the two school boards for their comment. In reviewing these applications, both the York Catholic District School Board and the York Region District School Board have indicated that they have no objections to the proposal. Neither board has identified any requirements associated with these applications.

Other outside agencies have commented

Other comments received from the circulation of this proposal include the Ministry of Transportation who advise that the application is outside of their permit control area, and that permits are therefore not required. The TRCA has advised that they will be deferring the review of stormwater management for this proposal to the Town and that they have no objections to the rezoning and draft plan of subdivision. General requirements identified by the various utility companies, waste management and other departments have been either been included in the conditions of draft plan approval, or will be addressed through the Site Plan Control approval process.

OTHER REQUIREMENTS:

Archaeological Assessment has been Submitted

The applicants have undertaken an Archaeological Assessment of the land to ensure the assessment and appropriate treatment of archaeological resources, and further to mitigate any identified adverse impacts to significant heritage resources. The assessment has determined that there are no archaeological resources present within this property and that the development will not impact any archaeological resources. This assessment is currently under review and the conditions of draft plan approval require that no grading, filling or any form of soil disturbances shall take place on the lands within the draft plan, prior to the issuance of a letter from the Ministry of Tourism, Culture and Recreation to the Town indicating that all matters relating to heritage resources have been addressed in accordance with licensing and resource conservation requirements.

Developers’ Group Agreement Required

Prior to final approval of the draft plan or any phase thereof, the applicant shall enter into a Developers Group Agreement to ensure the provision and orderly sequence of community and common facilities such as school sites, municipal services, parks and public roads and, that such costs are distributed in a fair and equitable manner. It is the expectation that the Developers’ Group will be responsible for water, and possibly sewer, allocation within Markham Centre.

Traffic calming/infiltration control measures and implementation programmes for the Unionville Community may also be addressed through the Developer’s Group. The Remington Group has initiated the developer’s group process and a draft of the agreement has been circulated to property owners within and adjacent to Markham Centre.

A Financial Strategy Study has been initiated

The Town has initiated a Financial Strategy Study which will assist in the identification and evaluation of a range of potential financial tools to help fund the public infrastructure requirements for Markham Centre, and which will contemplate amongst other techniques, designating Markham Centre as a community improvement district, pilot tax incentive zone, and/or special tax incentive zone.

This study is intended to establish the framework to help finance some of the infrastructure required to achieve the superior level of urban amenities and public spaces within Markham Centre, and to help fund such initiatives such as Rouge Valley stewardship, TDM programmes and structured parking. The applicant will, through conditions of draft plan approval, be required to enter into agreements related to how public infrastructure upgrades will occur, and to support taxes being directed to Tax Increment Financing or other initiatives in support of advancing the vision and infrastructure requirements for Markham Centre. This study will be completed following the Development Charge Up-date and subsequent financial analysis on the premiums and timing. Staff anticipates that a report on the Financial Strategy will be presented to Council in the fall of this year.

Markham Centre Communications Strategy

The Town is implementing a Communications Strategy for Markham Centre. The intention of that strategy is 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 will be expected to participate through their web site, promotional and marketing programmes, sales and information centres, as well as to contribute to and participate in other initiatives such as a Markham Centre site identification programme and construction hoarding programme. Staff have recently reported on an enhanced hoarding programme for Markham Centre and the applicant’s have been supportive of this initiative. The draft plan conditions speak to the applicant’s participation in this programme.

FINANCIAL CONSIDERATIONS:
There are no financial implications for the Town in this report.

ENVIRONMENTAL CONSIDERATIONS:

There are no environmental implications for the Town in this report. The proposal will be evaluated against the Markham Centre Performance Measures and issues of green infrastructure will be addressed in conjunction with future staff reports on this application. A number of mature trees within the plan area have been identified for preservation and appropriate studies will be required prior to the issuance of site plan control approval.

ENGAGE 21^ST CONSIDERATIONS:

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

BUSINESS UNITS CONSULTED AND AFFECTED:

The applications have been circulated to applicable departments and agencies for comment. Detailed requirements of these departments and agencies have been included as conditions of draft plan approval, as appropriate.

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.

The proposal envisions a mid to long-term build-out and the draft plan conditions, in concert with detailed Holding (H) provisions and phasing plan, will ensure that development occurs in a deliberate, phased manner and that infrastructure and services will be in place and servicing capacity allocated to support the development. The Advisory Committee will also be undertaking a detailed review of each phase of this project to evaluate implementation of the Performance Measures.

The Town must continue to take a leadership role in the development of Markham Centre and work with private and public sector partners to address the financial challenges associated with achieving the Markham Centre vision. This leadership has previously been demonstrated with the Town’s commitment to advance the delivery of road infrastructure in and around Markham Centre, and in facilitating the YMCA coming to Markham Centre. The on-going financial and parking strategy studies when complete, will be integral components to Markham Centre moving forward, and achieving the Town’s long-term objectives for a dynamic, mixed-use downtown.

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

Director of Planning & Urban Design

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

Commissioner of Development Services

ATTACHMENTS:

Figure 1 Location Map

Figure 2 Area Context /Zoning

Figure 3 Air Photo

Figure 4 Draft Plan

Figure 5 Precinct Plan

Appendix A Conditions of Draft Approval

Figure 1 - Location Map

Q/Development/Planning/Teams/MarkhamCentre/Coordinator/Liberty/FinalReport

		DEVELOPMENT SERVICES COMMITTEE


	TO:	Mayor and Members of Council

	FROM:	Jim Baird, Commissioner of Development Services Valerie Shuttleworth, Director of Planning & Urban Design

	PREPARED BY:	Markham Centre Team Richard Kendall, Senior Project Co-ordinator, ext. 6588

	DATE OF MEETING:	June 28, 2004

	SUBJECT:	RECOMMENDATION REPORT Liberty Development Corporation (2015776 Ontario Inc.) Precinct Plan, Draft Plan of Subdivision and Zoning By-law Amendment Applications Part of Lot 10, Concession 4 Markham Centre Files: SU 03 114556 and ZA 02 119054