DEVELOPMENT SERVICES COMMITTEE
	TO:	Mayor and Members of Council
	FROM:	Valerie Shuttleworth, Director of Planning & Urban Design Jim Baird, Commissioner of Development Services
	PREPARED BY:	Marham Centre Team Richard Kendall, Senior Project Co-ordinator, extension 6588
	DATE OF MEETING:	2003-July-7
	SUBJECT:	RECOMMENDATION REPORT Ruland Properties Inc. (The Remington Group) Precinct Plan, Draft Plan of Subdivision and Zoning By-law Amendments Part of Lots 8 & 9 , Concession 5, Markham Centre File Numbers SU.01-113921 and ZA.01-0113929

RECOMMENDATION:

THAT the report dated July 7, 2003, entitled “Recommendation Report, Ruland Properties Inc. (The Remington Group)” be received;

That the Precinct Plan, Draft Plan of Subdivision (SU.01-113921) and Zoning By-law Amendment (ZA.01.0113929) applications be approved;

That the attached Precinct Plan (Figure 7) dated April, 2003, be approved subject to any changes resulting from revisions to the draft plan of subdivision;

That the draft plan of subdivision be approved, subject to the conditions of Draft Plan Approval attached as Appendix ‘B’, and the execution of a comprehensive subdivision agreement;

That Council endorse the parameters for the drafting of a zoning by-law, including Hold (H) provisions and temporary use provisions, for the Remington lands, which would then act as a template for future development applications within Markham Centre, as discussed in this report;

That staff be directed to bring the zoning by-law forward for adoption at the first available opportunity;

That Council endorse the Development Phasing Schedule attached as Appendix ‘A’, and that the Development Phasing Plan be reviewed and updated, prior to the release of any lands for development;

That Council approve in principle a water allocation of 800 units for Phase 1 of ‘Downtown Markham’, subject to Council receiving a letter from the Trustee of the Markham Centre Developers Group supporting such allocation in the context of the overall water allocation to the Markham Centre Secondary Plan area, and subject to the appropriate Development Charge credit agreement being entered into between the Owner and the Town to advance the construction of Enterprise Boulevard from Warden Avenue to the GO Transit line and Birchmount Road from Enterprise Boulevard to Highway 407;

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

• Availability of adequate water, sanitary sewer and stormwater management facilities
• Adequacy of the existing and committed transportation infrastructure
• Approval of an Area Specific Development Charges By-law
• Approval of an updated Development Phasing Plan and execution of a Development Phasing Agreement
• Implementation of the Unionville Traffic Management Plan, as applicable by phase
• Dedication of parkland as applicable by phase
• Incorporation of the requirements of the noise study and vibration study
• Removal of the Holding provisions
• Execution of agreements to not pre-sell any units unless water allocation has been assigned by the Town
• Implementation of the requirements of the Parking and Financial Strategy studies, as applicable.

PURPOSE:

This report discusses the Precinct Plan proposed for the comprehensive development of the Remington ‘Downtown Markham Plan’ and evaluates the concurrent applications for Subdivision approval and Zoning amendment. The report addresses key issues associated with the creation of a vibrant, mixed-use Town Centre in the context of the approved Secondary Plan (OPA 21), and makes recommendations for an implementation/phasing strategy necessary to achieve the vision over the anticipated long-term build-out of the project. The Development Phasing Plan speaks to specific components of municipal infrastructure to be in provided as each phase of the development proceeds. Mechanisms to incorporate other municipal objectives pertaining to such matters as a financial strategy and parking strategy are discussed in this report and included as conditions of draft plan approval.

Given the anticipated long term time frames for the development of this project, and the multiplicity of issues associated with the development of such a comprehensive mixed use project, Holding (H) provisions will be incorporated within the zoning by-law which link development phasing to specific infrastructure, parking, water allocation and mixed-use objectives. Consequently, staff will report back to Council on how these matters are being addressed as each phase of development proceeds, to ensure that the objectives are being met. The lands will also be subject to applications for Site Plan Control approval. Detailed scrutiny of site plan applications will continue through the Markham Centre Advisory Committee, and with the application of the Performance Measures.

EXECUTIVE SUMMARY:

The Remington proposal is the culmination of a multi-year, multi-disciplinary effort, and represents the most significant application to date in the evolution of Markham Centre. The proposal is key to advancing the Town’s vision to create a vibrant, human-scale, mixed-use Town Centre.

The ‘Downtown Markham’ plan has evolved from initial discussions between the Town and the Remington Group in 1999, to the formal submission of detailed development applications in the fall of 2001. It is an urban, mixed-used plan, which provides for the future introduction of rapid transit through the centre of the site, protects and enhances the Rouge River valley, provides for the completion of the road network, creates a series of new public spaces and urban parks, creates a man-made lake as a new focus for the Town, and includes two new elementary school sites.

The development parcels being created by the Plan of Subdivision are intended for a wide range of land uses to be developed at urban densities, and in an urban form characterized by multi-storey, street-edge buildings in accordance with the Precinct Plan. Building heights are to be regulated in accordance with the provisions of OPA 21, to ensure a human scale of development.

The plan aims to create a new downtown and will contribute to Markham Centre though the introduction of up to approximately 362,750 square metres (3,904,736 square feet) of office and business park uses, 33,755 square metres (363,348 square feet) of grade-related retail and up to 3,889 medium to high density residential units.

The Rouge River valley forms the northerly edge of the plan and the valley lands and associated buffer will be dedicated to the Town. A series of residential and mixed-use neighbourhoods and local parks will be introduced between the river and office uses south of Enterprise Boulevard. The westerly entrance to the site, at Warden Avenue and Enterprise Boulevard, is identified as a major intersection in the Secondary Plan and features an office or possibly hotel building, up to 13 storeys in height, opposite the existing Motorola complex. Building heights travelling east along Enterprise Boulevard would range from 4 storeys, and increase incrementally (to 13 commercial floors or residential equivalent) in proximity to the intersection with Birchmount Road. Heights would then stabilize at 6 to 8 storeys with some 4 to 6 storey components approaching the east end of the plan at the proposed underpass of the GO line.

The Precinct Plan and proposed draft plan were before the Markham Centre Advisory Committee in November, 2002, and reviewed in conjunction with the Performance Measures, with particular emphasis on issues such as the phasing of development, the provision of infrastructure, including transit, the potential for structured parking, the provision of parks, and ecological sustainability. Following the initial consideration by the full Advisory Committee, various sub-groups of the Committee reviewed the particulars of the plan in more detail. The plan was before the Advisory Committee again in February, 2003, at which time the comments of the Advisory Group were largely supportive. Advisory Committee members have spoken in support of the application at the formal public meeting and will be evaluating the particulars of this application in much greater detail as each phase of development proceeds.

A Development Phasing Plan has been prepared which links each block to a development phase and then outlines the specific components of the road and other infrastructure required to support each individual phase of development. The Town, through it’s work with the Region, has attempted to advance as many of the Regional road improvements in the vicinity of Markham Centre as possible, so that they will coincide with the earlier phases of this development.

The applicant has been participating with the Town in pursuing long term objectives with regards to transit orientation, modal splits, urban design, and parking supply. In addition to participating in the Transportation Management Association, the applicant will be asked to advise prospective tenants and owners through lease agreements and offers of purchase and sale of the Town’s Travel Demand Management policies. Measures will also be required at the time of site plan approval, such as bicycle storage spaces and change rooms with shower and locker facilities within each mixed-use or business park building, to help promote non car oriented travel to and within Markham Centre.

Key components of the draft by-law will include a broad range of use permissions within the downtown core, while restricting other uses considered inappropriate. Prohibited uses will include drive-through facilities, gas bars, service stations, automotive/motor vehicle facilities, outdoor storage as well as traditional (strip) shopping centres and industrial uses. The by-law will also provide for minimum and maximum development standards on a per block basis. The minimums (height, floor area, number of units, setbacks, parking) represent the required built form and massing programme needed to achieve desired urban design, mixed-use and transit-oriented criteria. The maximums would ensure that height and density are allocated according to specific built form criteria to ensure a truly mixed-use, human-scale and pedestrian oriented environment.

This proposal is consistent with the objectives of the Markham Centre Secondary Plan and Guiding Development Principles, and with the Region’s Official Plan and emerging Centres and Corridors policies. Furthermore, the precinct plan’s intense and compact pattern of mixed-use development, which is transit supportive, helps to further Markham’s commitment to the Province’s SMART Growth strategy.

These lands represent the single largest, comprehensive development opportunity within Markham Centre and comprise the heart of downtown Markham. The plan represents a shared vision for Markham Centre to create a dynamic and vibrant mixed-use downtown. The long-term build-out will be phased to ensure that infrastructure will be in place to support the plan. Holding (H) provisions will be included in the By-law and the applicant will be required to apply to lift the Hold as each phase of development proceeds. The Advisory Committee will be involved throughout the evolution of the development in the evaluation of each phase of this project.

BACKGROUND:

Context and key elements of the proposal

The Remington lands are strategically located to create the downtown heart and central focus of Markham Centre. Their 98.3 ha. (243 acres) represent approximately one quarter of the Markham Centre land area. The site encompass the lands between Warden Avenue to the west, the Rouge River Valley to the north, and Highway 407 to the south, with the GO line forming the easterly boundary.

The proposal provides key elements of public infrastructure, including the introduction of rapid transit through the site, the easterly extension of Enterprise Boulevard, the extension of Birchmount Road, as well as future connections of the road network to Highway 7 (Birchmount Road, Verclaire Gate and Sciberras Road). Intrinsic to the plan is a transit alignment proposed to be within the major east-west civic corridor and Enterprise Boulevard road allowance, which would eventually link with the Unionville GO Station. To expedite the introduction of new roads within Markham Centre, the applicant has conditionally agreed to advance the construction of Enterprise Boulevard from it’s present location adjacent to the Motorola building easterly to the GO tracks and to also front-end the construction of Birchmount Road south from Enterprise Boulevard to Highway 407. Council has authorized staff to fast track the extension of Enterprise Boulevard to Kennedy Road and Birchmount Road to 14^th Avenue, across lands outside the Remington Plan area.

Two elementary school sites have been identified within the plan. A man-made lake with a waters edge promenade, lined with shops and restaurants overlooking the lake and bordered with a large civic square, is intended to become the central focus of ‘Downtown Markham’. New parks, primarily urban in nature, and representing 10.8 hectares (27.7 acres) will provide for a variety of recreational experiences. These include active, programmed space at the westerly edge of the site, with more formal, hard surfaced spaces located closer to the centre of the plan. A 1.1 hectare (2.7 acre) civic square is proposed adjacent to the lake and is intended to serve as a focal point for festivals, cultural events and other Town-wide celebrations.

The plan also provides for the dedication of approximately 13.02 hectares (32.2 acres) of lands towards the future Rouge Park. These lands are intended primarily for more passive activities and their use will be determined through the on-going preparation of a Greenlands Plan by the Town, in consultation with the TRCA, and Rouge Alliance. Other passive recreational opportunities will be established through the reconfiguration of Tributary 4 and it’s future link to the Rouge Valley.

Evolution of the proposal and public input

The ‘Downtown Markham’ plan has evolved through numerous discussions with the Town, various external agencies, and the public dating back to 1999. Following submission of the Plan in 2001, the applicant undertook a series of supporting studies resulting in the preparation of a comprehensive Master Environmental Servicing Plan, and a revised application for plan of subdivision, in May, 2002.

Since the revised submission, the applicant has been working with the Town and other agencies to resolve various technical concerns and create an appropriate framework for the long-term, phased implementation of the plan. This framework includes developing a comprehensive phasing strategy in concert with the Town’s and the Region’s capital works programmes to advance infrastructure improvements, developing financial, parking and communications strategies, and providing rapid transit through Markham Centre. Extensive work has also been undertaken to address various environmental issues in order to ensure that the plan represents a net environmental benefit, consistent with the goals and policies of the Markham Centre Secondary Plan.

Leading up to the statutory Public Meeting for the Remington proposal, a number of community meetings were held with the Unionville community, to discuss the Unionville Traffic Management Plan. In January, 2003, staff presented three options (Staged Approach, Through Restrictions, Channelized Islands) for implementing traffic infiltration control measures intended to coincide with the eventual introduction of through connections from roads (Birchmount, Sciberras and Verclaire) within Markham Centre to Highway 7. Concerns were identified with current levels of traffic and staff were also requested to co-ordinate with the Region of York on Regional transportation improvements.

Staff presented a broad overview of traffic initiatives, including proposed Regional road widenings and new Town streets, as well as the Region’s ‘Quick Start’ transit initiative, at a second meeting held in March. The option of offsetting the intersection of the proposed connecting streets at Highway 7 was also presented. The results from the meeting suggested that further on-going analysis and community consultation was needed to investigate opportunities to respond in a more direct way to some of the concerns identified within the community.

A coalition of Unionville Ratepayers was subsequently formed to work with the Ward 3 Councillor and staff on traffic issues within the Unionville Community, and staff are committed to continuing this dialogue as work progresses within Markham Centre. The Unionville Coalition has held 3 meetings to date with Town representatives, and these meetings will continue through the summer and fall of 2003. The focus is on working together to formulate specific recommendations on elements of a Unionville Transportation Management Plan, to be brought forward to Council in late 2003 / early 2004. At the request of the Unionville coalition, the Town also adopted an eleventh Guiding Principle for the development of Markham Centre which recognizes, respects and supports the value placed on the quality of life in existing, adjacent communities.

The Remington plan was the subject of a statutory Public Meeting before Development Services Committee on April 22, 2003. The primary issue at the meeting was related to traffic that would be generated by the people living and working in Markham Centre. Those in attendance were concerned that the project could add to existing traffic issues in the area, and impact the character of their existing neighborhoods. There was an interest in ensuring that various road and other infrastructure improvements were in place, prior to development occurring. The Town was requested to continue to work with the Unionville Community to investigate traffic calming measures and means to control traffic infiltration. The Town was also asked to ensure that development within Markham Centre would contribute financially to the implementation of traffic mitigation measures.

Other issues identified at the meeting included:

· ensuring that roads, transit and other services are in place to support the development of Markham Centre;

· ensuring that Markham Centre did not place a burden on existing public facilities;

· ensuring that commercial development proceeds in concert with residential and that commercial lands aren’t converted to residential at a later date; and

· ensuring that Markham Centre development is self-financing.

Town staff addressed some of these concerns in a presentation at the statutory Public Meeting, which included a detailed phasing schedule illustrating a phased build-out of the plan over approximately 20 years. Each phase of development would be linked to a series of road improvements and the introduction of transit. These issues, including the phasing plan are addressed in more detail later in this report.

Description of Proposal

The ‘Downtown Markham’ Plan implements many of the Town’s objectives for Markham Centre. It is a mixed-used plan, which provides for the future introduction of rapid transit through the centre of the site, protects and enhances the Rouge River valley, provides for the completion of the road network through the plan, creates a series of new public spaces and urban parks, creates a man-made lake as a new central focus for the Town, provides for a variety of development parcels to accommodate a wide range of uses, and includes two new elementary school sites.

The plan will contribute to Markham Centre though the introduction of up to approximately 362,750 square metres (3,904,736 square feet) of office and business park uses, 33,755 square metres (363,348 square feet) of grade-related retail and up to 3,889 residential units in a medium to high density form. Two key focal points for development are around the main intersection of Birchmount Road and Enterprise Boulevard and at in the vicinity of the Civic Square park and lake.

Business uses are strategically located between Enterprise Boulevard and Highway 407, within three large blocks. This configuration follows the pattern of employment uses next to Highway 407, established with the construction of the Motorola facility, and allows for the business uses to act as a noise and visual buffer from Highway 407, which is situated at a higher geodetic elevation than the applicant’s lands. The large size of these development blocks allows for flexibility, as they will eventually be re-configured in response to specific development proposals. Their future development will include higher density development and structured parking facilities, which likely will result in the identification of additional parcels, roads, driveways, and pedestrian walkways, and a finer grain of parcel fabric over time (see Figure 6 – Enterprise Zone).

The Rouge River valley forms the northerly edge of the plan and these lands and the associated environmental buffer will be dedicated to the Town. A series of residential and mixed-use neighbourhoods and local parks will be introduced between the river and office uses south of Enterprise Boulevard. The westerly entrance to the site at Warden Avenue and Enterprise Boulevard is identified as a major intersection in the Secondary Plan, and features an office or possibly hotel building, up to 13 storeys in height, opposite the existing Motorola building. Building heights travelling east along Enterprise Boulevard would range from 4 storeys, and increase incrementally (to 13 commercial floors or residential equivalent) in proximity to the intersection with Birchmount Road, which is another major intersection in the Secondary Plan. Heights would then stabilize at generally 6 to 8 storeys, with some 4 to 6 storey components approaching the east end of the plan at the proposed underpass of the GO line.

Townhouses and four storey apartment uses comprise the predominant form of residential development within the northwest quadrant of the plan. Mixed-use apartment buildings 4, 6 to 8 storeys in height become the norm at the centre of the plan in the area of the lake, Market Square and along the edge of Birchmount Road, north of Enterprise Boulevard. These building heights are also typical of the buildings facing the civic mall/transit corridor. The northeast quadrant is predominantly residential in nature with a mix of townhouse units and 4 to 8 storey apartment buildings. The two elementary school sites are located within this area, with frontage on the future extension of Sciberras Road. A possible site for a place of worship has also been identified at the intersection of Sciberras Road and Enterprise Boulevard. In the event the place of worship is not developed, or a school site is relocated, the underlying zoning would allow for development for residential use.

As noted, the proposed lake and adjacent mixed land uses and Civic Square will form the central focus of ‘Downtown Markham’. Much of the plan has been designed around the central lake feature. Buildings in the vicinity of the lake are intended to contain a variety of architectural styles to create a unique identity, complemented by a broad mix of residential, shopping, entertainment and hospitality uses. The lake would be bounded by the naturalized extension of Tributary 4 on the east, the civic square to the south and walkways and mixed-use buildings which form the ‘Market Square’ district to the west.

Table 1, below outlines the site area and corresponding percentages allocated to uses within the Remington Plan.

Table 1 Downtown Markham Land Areas
Landuse	Site Area - ha	Percentage
Business Uses	21.5	22
Residential	11.6	12
Mixed Use	14.7	15
Open Space*	18.66	19
Parkland*	10.8	11
Institutional	4.8	5
Reserve	2.0	2
Sub-Total	84.2	86
Roads	14.1	14
TOTAL	98.3	100

* The Open Space components include the Rouge Valley lands, the reconfigured Tributary 4, as well as Park Lake. The Parkland area includes a series of park spaces throughout the Plan which are intended to form the parkland contribution. Combined, the Parkland and Open Space components represent approximately 30% of the applicant’s plan.

The north edge of the plan will be defined by the future Rouge Park. Approximately 13.02 hectares (32.2 acres) of the applicant’s lands have been set aside for dedication to the Town for this purpose. Care has also been taken in designing single-loaded roads, which generally follow the valley edge in this area, allowing uninterrupted views into the river valley. Adjacent to the valley, a minimum 10 metre environmental buffer is to be conveyed to the Town. In some instances the buffer includes unpaved portions of the road allowance, in accordance with policies in the Secondary Plan, and in some areas this buffer has been expanded beyond 10 metres to be incorporated into park areas along the top-of-bank.

The Civic Mall is the major east-west public space linking the downtown residential and business communities together and focuses pedestrian activity on the lake and Civic Square. The rapid transit runs through the Civic Mall at a rate of speed allowing transit and pedestrians to comfortably mix in an active pedestrian environment. The Civic Mall would share the York Durham Sanitary Sewer (YDSS) easement with the proposed transit alignment starting at Enterprise Boulevard in the west. This 30 metre (98 feet) wide mall, which runs horizontally through the plan, will re-connect with Enterprise Boulevard, as it approaches the proposed underpass at the GO line.

A green spine will then continue in a northerly direction, running parallel to the GO tracks, behind the two school sites. Other local parks will link the individual neighbourhoods to the Civic Mall or to roads leading to the Market Square. Local parks would also form a buffer around much of the proposed lake, connecting to the proposed 1.1 hectares (2.7 acre) Civic Square. Pedestrians are given priority on wide boulevards designed to encourage walking, shopping, retailing and market activities.

As discussed in greater detail further on in this report, the plan will be phased and anticipates an approximate 20 year build-out. The phasing strategy generally moves west to east commencing at the existing, westerly portion of Enterprise Boulevard. The plan provides for several distinct and separate residential communities, with the first phase comprising up to 700 residential units in the area closest to Warden Avenue. The second phase will also be primarily residential in nature comprising approximately 730 units, east of the proposed lake and Civic Square, adjacent to the future intersection of Sciberras Road and Enterprise Boulevard. These first two phases, with a projected build-out by 2010/11, also include approximately 8338 m2 (89,752 square feet) of retail floor area and approximately 78825 m2 (848,493 square feet) of employment uses.

Table 2 below outlines the floor areas assigned to various uses within the Remington plan and their corresponding percentages.

Table 2 Downtown Markham Floor Areas
Land Use	Floor Area		Percentage
	Square Metres	Square Feet
Business Uses	322,650	3,473,090	36
Residential	433,350	4,664,693	49
Mixed Use - Office	40,100	431,647	5
Retail	33,755	363,348	4
Institutional	53,040	570,937	6
TOTAL	882,895	9,503,715	100

This build-out represents a Floor Space Index (f.s.i.) in the order of 1.5 for the business park blocks adjacent to Highway 407. Within the mixed-use blocks, the floor Space Index would range from a minimum f.s.i. of 1.86, to a high of 2.47, f.s.i., with the majority of the blocks in excess of 2.00. This overall scale of density is in keeping with the Town’s original vision for Markham Centre.

POLICY CONTEXT AND CONFORMITY

York Region Official Plan Policy and Programme Support

Markham Centre has been designated as one of four Regional Centres within the York Region Official Plan. These centres are intended to be vibrant, higher density, mixed used precincts – ‘the Region’s downtowns’, containing the highest densities in order to support rapid transit, and provide a broad range of uses that will serve the entire region. The hierarchy of centres are intended to act as a focus for public and private sector investment, and to make effective and efficient use of existing and proposed infrastructure. Regional centres have been identified on the basis of their strategic location within urban areas with access by major roadways and transit.

Key components of a regional centre, as described in the York Region Official Plan include:

· compact form which provides for high density development

· the greatest mix of uses within a municipality

· transit facilities which are easily accessible to pedestrians

· focal points for community activity and civic pride

· integrated with greenlands systems

· pedestrian plazas, streets and/or parks

· areas around centres should relate and contribute to the vitality of the centre

· designed so that they can evolve and intensify over time

The Region’s emerging Centres and Corridors Strategy envisions linking Regional Centres by transit corridors, as part of the Region’s overall growth management strategy. The Centres and Corridors Strategy focuses on four ‘action areas’ – Policy, Financial Policy, Infrastructure Investment and Supporting Programmes. Approximately forty action steps have been identified to implement this strategy, consisting of a variety of policy (ROP amendments, urban design guidelines), financial tools (development charges, TIFs), new infrastructure (YRPT, streetscaping) and support programmes (parking authorities, Transportation Demand Management), many of which parallel initiatives currently being undertaken by the Town in support of the Markham Centre vision. To be successful, these strategies will require the fill co-operation of the Town, the Region and the senior levels of government, along with the private sector.

The Regional Municipality of York advises that they have no objections to draft plan approval of the Remington plan, and advises that the build-out of this subdivision with a variety of mixed, higher density uses is supportive of the Regional strategy to achieve a transit supportive urban structure of Centres and Corridors. The Region advises that it intends to actively participate at the various stages of development approval in order to support pedestrian-friendly, transit-oriented development adjacent to the rapid transit stations and the transitway.

Markham Official Plan

Remington’s lands are designated Commercial, Industrial and Hazard Lands within the Markham Official Plan, as amended by the Markham Centre Secondary Plan (OPA 21). The Commercial and Industrial designations are further defined in the Community Amenity and Business Park Area sub-categories, respectively. The Community Amenity policies provide for a multi-use, multi-purpose centre offering a diverse range of retail, service community, institutional and recreational uses, which are intended to function as significant and identifiable focal points for the areas served. Medium and high density residential uses are also permitted provided the planned function of the lands is maintained.

Goals identified in the Plan for Industrially designated lands include providing for a pattern of industrial and commercial uses that accommodate a range of business activities at appropriate locations, and to encourage transit and pedestrian supportive industrial development along with a mix of compatible uses. The Business Park Area policies are characterized by development which displays high design standards, including corporate head office and research facilities. The proposed location and mix of uses within the Remington Plan is consistent with the general policies and designations of the Markham Official Plan.

The Hazard Lands are intended primarily for preservation and conservation, in their natural state, and generally include lands within the Regulatory Flood Lines or stable slope lines as determined by the Toronto and Region Conservation Authority (TRCA). The applicant has been working with the TRCA to establish appropriate development limits and much of the plan reflects a minimum 10 metre environmental buffer. In certain instances this buffer is exceeded through the introduction of parkland adjacent to the top-of-bank, in other instances this buffer is maintained as a portion of the unpaved road allowance.

The future use of the valley lands will be determined in conjunction with the on-going work of the Town to develop a Markham Centre Greenlands Plan, in consultation with the TRCA and Rouge Alliance.

The Greenway System map contained in the Markham Official Plan as Appendix Map 1, identifies an activity linkage on the Remington lands which corresponds to the existing location of Tributary 4, and it is the long-term intention of the Town to develop a linked trail system to connect significant natural features and open spaces. As discussed in more detail in the Engineering comments section of this report, Concanmar Pond is located south of Highway 407, and Tributary 4 outlets the pond to the Rouge River. However, this existing pond conflicts with the proposed alignment for the extension of Birchmount Road and must be relocated. These changes also require a re-alignment of Tributary 4, and the applicant’s proposal provides for the newly aligned ‘Trib 4’ to travel north to the Rouge River within a 60 metre wide, naturalized riparian corridor. Opportunities for a formal trail system, passive recreation, select areas for seating or lookouts could be provided within this corridor.

Schedule ‘I’ Environmental Protection Areas of the Markham Official Plan identifies a hedgerow within tableland portions of the applicant’s lands, and two others within the valley. The Plans’ policies for hedgerows indicate that they should be conserved and protected wherever possible, and that they be evaluated in the context of an Environmental Impact Study, if applicable. Where hedgerows cannot be maintained, the study must include recommendations for tree replacement.

The applicant’s Master Environmental Servicing Plan identifies the hedgerow within the tablelands, and the applicant’s proposal includes retaining portions of it within the widened boundaries of the proposed re-alignment of Tributary 4. This arrangement should allow for the retention of a portion of the hedgerow, and tree preservation/replacement measures will be reviewed in further detail at the Subdivision Agreement stage, in accordance with the conditions of draft plan approval.

Markham Centre Secondary Plan

The lands are located within the Centre West Precinct of the Markham Centre Secondary Plan, and encompass a range of land use designations including Community Amenity Area – General and Major Urban Place, Business Park, as well as Open Space and Hazard Land. Three school sites (two elementary and one secondary) have been identified within the Plan for this precinct. Discussions with the school boards have since confirmed that a secondary school site is no longer required within this precinct, and the corresponding lands have been identified in the Precinct Plan for Business Park and public parkland uses (northeast corner of Enterprise Boulevard and Warden Avenue).

The Community Amenity designations (General and Major Urban Place) represent the most significant components of the applicant’s lands, and the planned function of these designations is to provide for a multi-purpose centre offering a diverse range of retail, service, community, institutional and recreational uses serving nearby residential and/or business areas. Lands within this designation are intended to function as focal points for the areas they serve, while accommodating office and residential development at appropriate locations.

The provisions of these designations provide maximum flexibility with respect to the permitted range of uses to allow for the development of a truly mixed-use centre in a compact urban form. To this end, the designations provide for a wide variety of retail, service, office and entertainment uses consistent with the planned function and policies of the designation. Retail uses are generally limited to individual premises of not more than 6,000 square metres (64,586 square feet) of floor area. Permitted medium density residential uses include street townhouses, small plex-type multiple unit buildings, stacked townhouses, and apartments. High density uses consist of stacked townhouses, garden court apartments, apartments and other similar forms of multiple unit housing.

As previously noted, work is on-going with the TRCA and the applicant to finalize the environmental buffer next to the Rouge Valley, as well as determine other appropriate enhancements to the valley, in concert with recommendations which may be developed through the Greenlands Plan. It should be noted that the Markham Centre Secondary Plan permits stormwater management facilities within the Hazard Lands designation, subject to the approval of the Town and Conservation Authority, and additional information will be required to address comments from the TRCA.

The Open Space policies in the Secondary Plan recognize that the Open Space components are identified schematically within the schedule and their locations and boundaries may be revised through Precinct Plans and development applications without amendment to the Plan, to the satisfaction of the Town and authorized agencies. While two elementary school sites will be provided, they have been reconfigured and relocated to the easterly portion of the site. Uses consistent with the Community Amenity designation are now proposed on the original school sites.

A location for a place of worship has been identified

One Place of Worship site has been identified in the applicant’s plan, towards the east end of the site, and forming the southerly link to the institutional precinct containing the two elementary schools. This site will be reserved for a place of worship in accordance with Council approved Places of Worship policies. The reservation of one site is also consistent with the Recommendations of The Places Of Worship Study: Future Policy Directions Report, which was considered by Council on June 24, 2003.

The Places of Worship Study report identified opportunities to reserve one site within each of the following four precincts within Markham Centre: Centre East, Centre West, Centre North and Civic Centre. The report also recognized that Markham Centre merited additional consideration to ensure appropriate design and built form for places of worship, and that flexibility was required in the event that appropriate alternative locations emerge. In this regard, it was suggested that places of worship could be located on an arterial, collector or local road within the centre; urban design guidelines should be developed; an Official Plan amended be required for sites in excess of 0.8 hectares (2 acres); a separate parking assessment should be carried out (including provisions for shared or structured parking); and, specific development standards should be introduced within implementing by-laws.

Height provisions of Markham Centre Secondary Plan are respected

The applicant’s plan provides for the greatest concentration of height and density at the intersection of Enterprise Boulevard and Birchmount Road, and in the vicinity of Enterprise Boulevard and the central shopping district, adjacent to the proposed rapid transit station. The building programme identifies three, 13-storey buildings at the Birchmount/Enterprise intersection, with one landmark residential building at 17 storeys. These heights are consistent with the Community Structure schedule in the Secondary Plan which identifies the Enterprise Boulevard/Birchmount Road area as a major intersection, where Council may increase building heights to a maximum of 13 storeys for office uses or residential equivalent. Development proposed at the Warden Avenue and Enterprise Boulevard intersection also contemplates a 13 storey component, in accordance with its ‘Major Intersection’ designation in the Secondary Plan.

With the exception of the medium density, townhouse components, the balance of the heights throughout the plan area generally range from four to eight storeys.

Density – Community Amenity and Business Park Lands

Staff are satisfied that the Remington plan is consistent with the policies of the Markham Centre Secondary Plan, and will enable development, public uses and infrastructure to be established to achieve the long-term objectives of the Plan. Implementation will be achieved over many years and there will be an on-going review of conformity and consistency with the Plan through the review of site plan applications and the lifting of the Holding (H) provisions.

Targets

OPA 21 – Centre West District Targets
	Centre West District	Remington
Target Residential Units	2,500 units (850 low density, 1,000 medium density and 650 high density units)	3,889 units (297 medium density and 3592 high density units)
Target Population	7,400 persons	8,075 persons
Schools	2 Elementary, 1 Secondary	2 Elementary
Target Retail	10,000 square metres	33,755 square metres
Target Employment	117,000 square metres	362,750 square metres

Appendix I – Central Area Statistics, while not an operative part of the Markham Centre Secondary Plan, identifies the amount and distribution of development, and is used to determine the supply of public infrastructure envisioned by the plan. This includes parks, schools, roads, water and sewage capacity, with development levels being monitored to ensure that the infrastructure can be adjusted to maintain a balance as development proceeds. The plan recognizes that Development Phasing Plans and Precinct Plans will further refine the values contained in the tables for the various districts.

It is also important to note that the original Markham Centre Master Plan and background study reports (1994) supported a higher density than reflected in the OPA 21 (1997 OMB approval) targets. The previous owners of the Remington lands had appealed OPA 21 to the OMB, in part on the basis that they felt that the Town’s original density targets were too aggressive, would not be achieved, and were inflating infrastructure requirements. The current ownership of the Remington parcel, after extensive review and study, has come to conclude that higher densities, more in keeping with the original Markham Centre Study recommendations, are achievable and sustainable on the subject lands.

While the proposed unit count of up to 3,889 units within the Remington plan is greater than the 2,500 identified in the Centre West Targets of OPA 21, the unit mix consists of a much greater proportion of medium to high density uses which generate smaller persons per unit figures in the assumptions used to calculate the original target populations. This ratio, when combined with the fact that no low density units (which tend to generate a higher number of persons per unit) are proposed, means that the Remington proposal at 8,075 persons, comes close to maintaining the projected population target of 7,400 persons, and represents an acceptable variation to that target.

With respect to non-residential uses, the Remington plan anticipates significantly higher retail and employment floor areas than projected in OPA 21. This is a result of ambitious targets being set in anticipation of structured parking and rapid transit being introduced through the plan, and the desire to create a truly mixed-use, live-work environment. The employment targets of the Remington proposal are supported by staff, with a view to implementing the intent of the Markham Centre Secondary Plan to provide office related jobs at a high density and intensity of development and to contribute to a high live-work ratio, and transit supportive downtown. The challenge will be to ensure densities can be realized, to support the downtown environment. Markham and other levels of government need to be proactive in supporting the necessary infrastructure, especially structured parking and transit to sustain the employment targets.

The proposed office densities in the plan are supported by ease of access to the Highway 407 network, direct access to Enterprise Boulevard, the major east-west collector road, and proximity to the rapid transit corridor. The business uses are served by three proposed rapid transit stops and proximity to the GO station.

This commitment to density, when combined with excellence in urban design and architecture, and supported by the strength of the Performance Measures, represent strategic tools required to deliver the centre. The targets need to be considered in a broader context, from the perspective of creating a true, Regional scale urban centre, over an extended period of time. In this regard, the projected build-out for the Remington plan is anticipated to be approximately 20 years, with the release of each phase being subject to the lifting of Holding provisions (H) and the submission of supporting studies to confirm that infrastructure is in place to support the proposed level of development.

The applicant’s traffic study evaluated the traffic impacts associated with the full build-out of the draft plan and identified the transportation infrastructure required to support the plan. Staff also retained the consulting firm of McCormick Rankin Corporation (MRC) to assist with the detailed review of the traffic study. Based on this review, the full build-out of the draft plan can be supported by the transportation system, subject to the implementation of a number of infrastructure elements. Additional traffic analysis will be required prior to the release of each phase of development.

Ultimate achievement of the projected floor areas is predicated on transit and structured parking being introduced through the plan area. The Hold (H) removal process, together with required site plan approvals, will provide the Town with the opportunity to monitor the approval of development within the secondary plan and possibly adjust the targets or limit the amount of floor area which could be released, in accordance with available infrastructure at that time. The purpose of the targets, to monitor supply of infrastructure in relation to development, is maintained.

Staff are of the opinion that the Remington proposal delivers on the intent of the Markham Centre Secondary Plan to create an urban Town Centre. The provisions of the Secondary Plan are flexible on density and are subject to the comprehensive review and evaluation through the Precinct Plan process. No amendments are required to OPA 21, at this time with respect to density. 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.

Existing Zoning Requires Amendments

The lands are zoned Agricultural One (A1), and Open Space One (O1) within By-law No. 304-87. Permitted uses within the A1 zone is are limited primarily to agricultural uses and an accessory single family dwelling. Uses within the open space zone are generally limited to parks, recreational facilities and conservation facilities. As discussed in more detail in the zoning section of this report, a new freestanding, Markham Centre By-law is proposed. This by-law would contain a set of definitions which are consistent with those in other Town By-laws, but the structure of the by-law, zone categories, performance and parking standards, and Hold (H) provisions would be exclusive to Markham Centre development.

BUILT FORM VISION & COMMUNITY DESIGN

Remington’s plan for Downtown Markham is based on the goals and objectives of the Markham Centre Secondary Plan to create a vibrant, human scale, mixed-use Town Centre. This mixed-use plan provides for a range of housing options, transit-supportive residential and employment opportunities. The plan envisions an active, urban oriented downtown core focused on Park Lake. Specifically:

• an intensified urban core of a complimentary mix of uses with a clear urban identity and lifestyle;
• an anchor feature (Park Lake) which is publicly accessible, regionally unique and serves as a central focus for downtown activity and identity;
• a distinct and interesting shopping district, known as Market Square, with direct access to the lake;
• a mix of uses to establish the downtown as a centre for employment, retail, hospitality, and residential activities;
• an urban identity based on a comprehensive network of public and private spaces, which are distinct, but complementary to the Town of Markham;
• a sophisticated and diverse realm of public streets and open spaces to support an energetic street life; and,
• shared access between public and private spaces.

Buildings will be designed to support social interaction, transit use, complement the streetscape and promote safe streets. This is achieved in part through a continuous streetwall programme, building entrances which address the street, and residential uses which generally front onto, or overlook parks and other public spaces. Commercial uses and the base of mixed-use buildings will also address the street and provide for significant amounts of glazing, to ensure transparency, and where appropriate, street related retail activity.

Parking, for the most part, is intended to be provided in a structured format. However, this is expected to be achieved over the long-term, as development progresses, and may involve the creation of a parking authority or other agency under municipal control. Recommendations as to how this will be achieved will evolve through the Parking Strategy Study and Financial Strategy Study, which will be presented to Council in the fall, 2003.

Service areas and loading facilities will be located towards the rear of buildings. On-street parking is an integral component of the plan. Opportunities exist to introduce on-street parking in designated areas to facilitate retail uses, animate the street, provide visitor parking for residential buildings and over the long-term, provide a potential source of revenue as part of the Town’s emerging parking strategy study.

The applicant’s plan provides for three large blocks along the south side of Enterprise Boulevard which are intended to accommodate future office development. These blocks are not proposed to be subdivided at this time, in order to allow for maximum flexibility to address the land area requirements of future tenants or owners. It is recognized however, that these lots will be subject to further land division and it will be important to ensure that public accessibility, through roads and sidewalks are introduced into these areas of the plan. In addition, where plazas and squares have been identified as part of the private amenity of the plan, access agreements will be required to be executed to ensure continuity of public access and a seamless transition between private and public spaces.

Development of these lands will be subject to site plan control approval, and the lifting of Holding (H) provisions within the by-law. As discussed in more detail in this report, the holding provisions require the submission of a detailed block development and phasing plan which will allow staff, Council and the Advisory Committee additional opportunities to review each phase of the project to ensure that these matters are addressed.

ADVISORY COMMITTEE & PERFORMANCE MEASURES

Markham Centre Advisory Committee and Performance Measures

In accordance with the Council approved policy for the review of development applications within Markham Centre, the application was presented to the Markham Centre Advisory Committee. The Precinct Plan and draft plan were initially before the Advisory Committee in November, 2002, and reviewed with the Performance Measures as a guide, with particular emphasis on issues such as the phasing of development, the provision of infrastructure, including transit, the potential for structured parking, the provision of parks, and ecological sustainability.

In the months following the initial consideration by the Advisory Committee, various sub-groups of the Advisory reviewed the particulars of the plan in more detail. The plan was before the Advisory Committee again in February, 2003, at which time the comments of the Advisory Group were largely supportive, with recommendations that:

1) the park lake and retail amenity should be built as soon as possible in order to draw people into the site,

2) infrastructure and road construction should be advanced,

3) structured parking should be introduced as early as possible

4) there are higher expectations for dealing with stormwater management

5) there should be a variety of building forms and height throughout the plan, and

6) that more pubic education should occur on the benefits of higher densities in support of public transit to illustrate the need for a variety of options besides the automobile, and the importance of promoting development that supports the provision of transit infrastructure.

Advisory Committee members have spoken in support of the application at the formal public meeting and will be evaluating the particulars of this application in much greater detail as each phase of development proceeds.

The draft plan addresses 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 Enterprise Boulevard, portions of the Civic Mall, as well as along the southerly edge of the site where lands have been reserved for a future 407 Transitway connection to the Unionville GO Station. Transit stops within the plan reflect key locations for development including the intersection of Warden Avenue and Enterprise Boulevard and internal to the plan, close to Park Lake.

Buildings within the plan are intended to define street edges and open spaces and create a coherent urban character. Height and density are concentrated in relation to the proposed rapid transit alignment and are appropriate in scale. Streets support pedestrian activity and safe, efficient movements.

The Rouge River Valley forms part of the integrated open space system within the Remington plan. Opportunities for trails will exist within the plan and linkages will be created between Concanmar Pond and the Rouge River Valley, via the relocated Tributary 4 and it’s widened, naturalized corridor. Municipal parks have been identified along much of the edge of the Rouge Valley, offering additional opportunities for protection as well as connections, and for the introduction of native planting which will serve as a transition between the formal parks spaces and the natural environment.

Parks and open spaces will be publicly accessible on a year round basis and a range of activity opportunities exist, based on the hierarchy of park spaces. An active, highly programmable space has been identified at the westerly edge of the plan, with more passive, urban spaces internal to the plan. As noted, the reconfigured ‘Civic Square’ provides a tremendous opportunity for Town-wide events, as well as implements some of the goals of the emerging parking strategy study.

The Engineering Section of the Works Department has identified that 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. Provision for the use of District Energy has been included in the design of streets to serve the key commercial uses, the mixed-use and high density residential areas of the plan.

The Performance Measures have been introduced as an Appendix to the Markham Centre Secondary Plan, and will be 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. Through the results of this monitoring, a better understanding of the success of the individual performance indicators and the overall measures can be evaluated and a determination made as to whether additional refinement of the measures or their targets is warranted.

It is recognized that the Performance Measures are intended to evolve over time as development occurs, policies and technologies change, infrastructure is built and additional information is available to evaluate the appropriateness of the individual targets. It is for this reason that the Performance Measures are included as an Appendix to the Secondary Plan for Markham Centre and not an operative part of the document. Staff will be discussing the Performance Measures as part of their reporting process as each phase of development proceeds.

DISCUSSION:

The applicant through their Precinct Plan and Master Environmental Servicing Plan have provided a significant body of work detailing environmental issues, archaeological and heritage resources, noise and vibration sources, geophysical conditions, lake design, transportation, servicing and utility distribution. This material has been provided to the relevant agencies for their review and consideration, and the comments received have been incorporated into the following sections of this report and conditions of draft approval (Appendix ‘B’):

· Phasing

· Transportation

· Parks and Open Space

· Servicing

· Zoning

· Agency Requirements

· Key Conditions of Draft Plan Approval

PHASING

The Remington plan will be phased

A Development Phasing Plan has been prepared which links each block to a development phase and then outlines the specific components of the road and other infrastructure required to support each individual phase of development. The Town, through it’s work with the Region, has attempted to advance as many of the regional road improvements in the vicinity of Markham Centre as possible, so that they will coincide with the earlier phases of this development. In this regard the widening of Warden Avenue between Apple Creek Boulevard and Highway 407 has been advanced one year, to 2005. The widening of Highway 7 continues to be scheduled for 2007, however Regional staff recommend further discussions with York Consortium 2002, to develop a plan for the completion of the EA and potential advancement of this widening. The Kennedy Road widening has potentially been delayed to 2009, pending completion of the EA process, which has been recommended to commence as soon as possible.

The applicant has conditionally agreed to advance much of the infrastructure that has been identified within their plan for Markham Centre, to earlier than projected phases of their build-out. This includes advancing the development of the central lake feature to the later part of phase two of their building programme, providing additional commercial development within the downtown core of their plan and dedicating the balance of the lands identified for the future Rouge Park by the end of their second phase.

The Phasing Plan envisions the development of these lands as follows, and the corresponding infrastructure to support each phase:

Phase 1 – 2004/07

Approximately 700 units, with 1,850 square metres of retail space, 78,825 square metres of office and employment uses

q 2 lane widening of Highway 7 west from Sciberras Road to east of Woodbine Avenue

q 2 lane widening of Warden Avenue from Apple Creek south to Steeles Avenue

q Enterprise Boulevard through to Kennedy Road, including underpass of GO Transit line

q Reconstruction of Helen Avenue from GO station to Kennedy Road

q Birchmount Road south to 14^th Avenue

q Rodick Road extension south to 14^th Avenue

q Clegg Road extension west to Rodick Road and east to Warden Avenue

q ‘Quick Start’ bus rapid transit initiative (Region of York)

q Valleyland dedication for Rouge Park, adjacent to Phase 1

Phase 2 – 2007/10

Approximately 750 units, with 6,488 square metres of retail space

q 2 lane widening of Kennedy Road south to 14^th Avenue

q Birchmount Road, north to Highway 7

q Partial construction of Verclaire Gate and Sciberras Road

q Two school sites could be advanced to this phase if required

q Central lake and civic square

q Dedication of balance of Rouge Valleylands

Phase 3 – 2010/14

Central core built-out, including approximately 1,031 units, 12,883 square metres of retail, 26,600 office and 84,750 square metres of employment uses

q Sciberras Road north to Highway 7

q Depending on funding, higher order rapid transit could commence on a dedicated alignment (Region of York)

Phase 4 – 2014/18

1012 units, with 12,535 square metres of retail, 31,125 square metres of employment uses

q Verclaire gate north to Highway 7

Phase 5 – 2018/21

Complete build-out

q 412 units, with 6,300 square metres of office and 135,150 square metres of employment uses

Summary: 17+ year build-out, 3,889 units, 33,755 square metres of retail floor area, and 362,750 square metres of office and employment uses.

The Development Phasing Plan is attached to this report as Appendix ‘A’. Components of this plan will be incorporated into the Holding (H) provisions of the by-law. As well, included as a condition of draft approval is a requirement for the owner to enter into a Development Phasing Agreement with the Town.

Enterprise Zone has been Identified

The Phasing Plan also identifies a band of land adjacent to Enterprise Boulevard and Birchmount Road, known as the ‘Enterprise Zone’ (Figure 6). In this zone, it is desirable to advance built form and other infrastructure components into the plan at the earliest possible timeframe, to capture market opportunities, and to drive a Town Centre scale and massing presence to the downtown as early as possible. As discussed later in this report, the Holding provisions would allow the development of these lands to proceed provided the other conditions necessary for the release of the applicable Holding (H) provisions are met.

Additional analysis of the Phasing Plan is needed

As noted, there is a significant amount of infrastructure required to support the overall draft plan. This infrastructure will be provided over a period of time as the market conditions dictate the build out of the site. In order to ensure that the infrastructure delivery is tied to the proposed development, a phasing plan as discussed above is required. This phasing plan includes the delivery of both Town and Regional infrastructure and ensures that key infrastructure is in place to accommodate the planned development. While the phasing plan has been established, further analysis is required prior to each phase of the plan being registered to confirm that the amount of development proposed in each phase can be supported by the planned infrastructure at that time. Furthermore, the analysis needs to address the timing of transit infrastructure and the impact this will have in reducing auto usage. Transit service levels and the resultant modal splits are a crucial component of the build out of the plan and must be included as part of the phasing plan. This analysis has been requested as a condition of approval.

TRANSPORTATION

Traffic study identifies capital improvements needed

The traffic study prepared by iTrans Consulting, on behalf of the applicant has been reviewed by staff and a peer review consultant. This study evaluated the traffic impacts associated with the full build out of the draft plan and identified the transportation infrastructure required to support the plan. Background traffic volumes included in the study accounted for the build out of the rest of Markham Centre, any other approved developments in the area and overall growth on the road system from growth outside of the study area. Staff retained the consulting firm of McCormick Rankin Corporation (MRC) to assist with the detailed review of the traffic study. The review indicated that the base parameters and assumptions are consistent with accepted standards for typical traffic impact studies. Based on this review, the full build out of the draft plan can be supported by the transportation system subject to the implementation of a number of infrastructure elements. The infrastructure required to support the draft plan at full build-out includes:

Regional Capital Road improvements on:

· Warden Avenue

· Highway 7

· Kennedy Road

Town Capital improvements on:

· Rodick Road

· Enterprise Boulevard

· Birchmount Road

Additional improvements as follows:

· Extension of 407 off-ramp at Warden to connect with the southerly extension of Birchmount Road to 14^th Avenue

· Extension of Verclaire Gate and Sciberras Road to Highway 7 including all bridge crossings

· Provision of double northbound left turn lanes and double eastbound right turn lanes or other infrastructure improvements to support the turning volumes at the Kennedy Road/Helen Avenue intersection.

The Town’s Capital programme has been accelerated to ensure that it supports the planned development of Markham Centre. The construction of Enterprise Boulevard to Kennedy Road and the construction of Birchmount Road from Enterprise Boulevard to 14^th Avenue has been prioritized in the Town’s capital programme. These improvements along with the current construction of Rodick Road over Highway 407 will help to accommodate the transportation demands from the draft plan.

Further Traffic studies required prior to release of any phase

The draft plan will be developed over a 20 year time period during which the current assumptions about infrastructure and traffic conditions could change (i.e. transit service is proposed to change significantly). To provide further confirmation that the transportation infrastructure can support the ongoing development, it is recommended that prior to the release of the individual phases (lifting of Hold provisions), a traffic study be undertaken. This study will confirm the delivery of the key infrastructure requirements that were identified in the phasing plan, update the traffic analysis to reflect current conditions, and recommend modifications and changes as needed to address potential changes to traffic and infrastructure conditions.

Transit infrastructure needed to support plan

The delivery of transit and the implementation of a parking strategy to reduce auto uses are a fundamental part of achieving some of the SMART Growth objectives for this plan. In this regard, staff have worked closely with the developer, GO Transit, MTO, YRTP and the Region to develop the preferred alignment of the transit corridor. This corridor will be dedicated to transit uses and will extend across the entire plan. The majority of this corridor will be integrated as part of the Civic Mall to enhance the urban and pedestrian environment in the Mall. Significant challenges are presented at the easterly end of the site including the transition of the transitway from the Mall, the grade separation of Enterprise Boulevard, the location of the YDSS, and integration with both GO Transit and the proposed 407 busway. Staff coordinated several meetings with all parties and there is consensus with regards to a preferred alignment of the transitway.

It should be noted that the final decision regarding the alignment will be made as part of the formal EA process for the Highway 7 rapid transit corridor. In the interim, the draft plan designates the transitway right-of-way on the plan. The present alignment on the draft plan for the transitway would have it divert off the Civic Mall just east of the proposed Civic Square and turn south along the re-aligned Tributary 4, where it would then turn east adjacent to the proposed 407 busway and cross the GO Transit tracks before linking up with the Unionville GO Station. A more recent alternative would have the transitway follow the Civic Mall east to the intersection of Sciberras Road and Enterprise Boulevard where it would then parallel the Enterprise Boulevard alignment beneath the proposed underpass of the GO line, before diverting south to link with the GO Station.

The above figure represents a typical cross section as to how the Transitway could interface with the Civic Mall. The intention being to create a number of opportunities for pedestrians to cross the transitway as they walk along the Civic Mall. The EA process for this alignment is on-going with a final recommendation anticipated by the fall of 2003.

A Transportation Management Association will be required

Long-term transit modal split target of 30% and ultimate parking standards of a maximum of 2.5 spaces/1000 sq. ft. for commercial/office uses have been set as the goals in order for the proposed transportation infrastructure to support the auto demands generated by the plan. Therefore it is important to ensure appropriate mechanisms are put in place to meet these targets. Staff are currently involved in developing a Transportation Management Association (TMA) in Markham Centre. A TMA is a member run organization that works to manage the traffic demands and reduce single-occupant vehicle trips, by promoting/offering carpooling telecommuting, flexible work hours, transit investment programmes and cycling opportunities for a group of employers. Given the important role that a TMA will serve to meet the SMART Growth objectives for Markham Centre, a condition of draft plan approval is included which requires the developer and future owners to become members of the TMA for this area.

Bicycle routes have been identified

The applicants have identified a bicycle route within their plan intended to provide a safe, attractive and interconnected path through Downtown Markham. The path encircles the northern edge of the plan, with routes along the roads which border the Rouge River valley, portions of Sciberras Road as well as along the Civic Mall. The route maximizes exposure to natural areas and parks on lower order/lower speed roads, with connections to the heart of the downtown and transit. Dedicated bicycle lanes have been identified on these roads and the applicants will be required to refine this plan to include linkages to the Town-Wide Bicycle System Study, as a condition of draft plan approval.

A Parking Strategy Study is underway

The Town is currently undertaking a parking strategy study for the Markham Centre Planning District (including the subject lands) and the recommendations of this study will result in policies for the reduction of parking supply/standards, and the creation of an agency or other authority to monitor and possibly supply parking on a municipal/commercial basis within Markham Centre. It is anticipated that the policies will, over the medium to long-term, require the majority of parking within Markham Centre to be provided within a structured format, and will effect a reduction in the total amount of long-term parking available within the plan area, and will be linked to goals and objectives of the Markham Centre Transportation Management Association. It is also anticipated that a portion of the short-term parking supply will be located on-street, in designated areas of Markham Centre.

The draft zoning by-law will be structured to place an upper limit on the parking supply, and may also include a minimum requirement to meet overall transportation needs. Additional parking beyond such levels would be available on an interim basis only, subject to the release of Holding (H) provisions, or possibly temporary by-law permissions. Such additional parking may also be provided under a municipal parking authority. The interim parking may not necessarily be provided within the same lot, parcel or block of the development which requires the parking, and the supply could be reduced or relocated at the discretion of the Town. Through the conditions of lifting the Hold (H) or the subdivision agreement, the Town will reserve the right to suspend the use of the interim parking upon certain objectives being met, including but not limited to: availability of transit through the plan area, the provision of municipal parking structures, increases in modal splits, or the need to achieve urban design objectives.

The applicant has been participating with the Town in achieving long-term objectives with regards to transit orientation, modal splits, urban design, and parking supply. In addition to participating in the TMA, the applicant will be asked to advise prospective tenants and owners, through lease agreements and offers of purchase and sale, of the Town’s policies, and to provide such elements as bicycle storage spaces, and change rooms with shower and locker facilities within each mixed-use or business park building.

In recognition of the Town’s intent to regulate the provision of parking within Markham Centre, the Development Phasing Plan will require the applicant to prepare a parking supply demand study on a per block basis as development proceeds.

Development will be linked to the delivery of road and transit infrastructure and Parking Implementation Plan

Leading up to the formal public meeting for the Remington proposal, staff held a number of community meetings with the Unionville community, with the primary focus being to present and discuss the recommendations contained in the Unionville Traffic Management Plan. Concerns were raised at these meetings with respect to current levels of traffic which need to be addressed, prior to any additional development proceeding. Since then, a coalition of Unionville Ratepayers has been formed in consultation with the Ward 3 Councillor, to work with the Town on traffic issues within the Unionville Community. Staff will continue this consultation process with the Unionville Community to bring forward to Council a final Unionville Traffic Management Plan. Meetings will be on-going over the summer with a late 2003 / early 2004 target date for bringing the Traffic Management Plan to Council for consideration.

The Town has also actively engaged the Region in an attempt to advance their capital roads programme in and around the Markham Centre area. The Town has also accelerated our own infrastructure programmes for the Markham Centre area, by committing to the construction of Enterprise Boulevard through to Kennedy Road including the underpass of the GO Transit line in late 2004 and early 2005. Birchmount Road will also be built from Enterprise Boulevard to 14^th Avenue, south of Highway 407 between 2005/6. Other near term improvements include the extension of Rodick Road to south of Highway 407 and the westerly extension of Clegg Road to connect with Rodick.

PARKS AND OPEN SPACE

Parkland and Open Space

While the lake is intended to become the central focus and destination of Markham Centre, a series of new parks will provide for a variety of recreational experiences. A hierarchy of parks and open spaces have been identified as part of a community-wide, integrated system, including natural open spaces, community parks, new urban spaces and plazas and local neighbourhood parks. This system is intended to provide a balance between the natural environment and urban parks, as well as a mix of passive and more active recreational experiences. The system has been designed to integrate with the pedestrian realm and provide key linkages between neighbourhoods and the downtown core.

Combined, these parks will comprise 10.8 hectares (26.7 acres), which is slightly below the 11.7 hectares (28.9 acres) required per the parkland dedication polices of 3 acres for every 1,000 persons for residential development and 2% of commercial land area, as set out in the Secondary Plan. The balance of 0.91 hectares (2.25 acres) would be made up through a cash-in-lieu of parkland contribution.

In addition to the tableland parks, the open space system will also include the Rouge Valley lands, and the plan provides for the dedication of 13.02 (32.2 acres) of land into public ownership. The lands within this area are intended to support passive recreational activities. The dedication represents the valley land, plus a 10 metre environmental buffer, in accordance with applicable Official Plan policy. Also, in accordance with the Rouge North Management Plan and the draft Rouge North Official Plan amendment, staff have, in a number of key locations successfully negotiated an environmental buffer of greater than 10 metres, much of which would be made up of parkland. It is recognized that many of the lands required for the future Rouge Park at this location are outside of the ownership of the applicant and will have to be acquired in conjunction with applications on adjacent lands to the north.

The key component of the park dedication will be the 0.69 ha (1.7 acre) ‘Civic Square’ proposed next to the lake which is intended to serve as a focus for festivals, programmed events and Town-wide celebrations. Following discussions with staff, the applicants have agreed to include the adjacent 0.42 ha (1.04 acre) block to the west, originally identified for community amenity purposes as part of their park dedication requirements. This parcel is significant for several reasons, as it provides the Town with a large block (1.10 ha [2.71 acres]) within the heart of the plan for a public square with an opportunity for a future civic building next to the square, in a prominent location on Enterprise Boulevard and near the lake. This combined parcel also plays a strategic role in the evolving parking strategy study. The size, location, and rectangular configuration of this parcel makes it an ideal candidate for a municipal parking garage beneath the building and square.

To address the concerns of the Advisory Committee, it may be important to acquire components of the public park system earlier in the development of the plan. Such early acquisition would permit the Town to develop some of the downtown amenities, even if on an interim basis, to begin to provide opportunities for public use and activities. The conditions of Draft Plan approval require appropriate interim landscaping of the ‘Civic Mall’ and ‘Civic Square’ park blocks, to be identified in the Development Phasing Plan.

Another significant piece of the parkland strategy includes the proposed civic mall located above the York Durham Sanitary Sewer (YDSS) which bisects the applicant’s lands. The civic mall would be the primary east/west pedestrian link through the plan, and would share this 30 metre wide easement with the proposed transit alignment starting at Enterprise Boulevard in the west. This type of shared transitway has been successfully implemented in other jurisdictions such as Denver. Care must be taken in its design to ensure a relatively seamless interface with the civic mall, to create a significant urban amenity within the plan.

If the transit system cannot operate to our expected levels then there may be a need to re-evaluate the benefit of including the transitway component as part of the park infrastructure, and YRTP may have to acquire that part of the easement.

Downtown Markham - Parks and Open Space Blocks
	Hectares	Acres
OPEN SPACE BLOCKS
OS1 to OS7 inclusive	17.47	43.2
P13, P14, P17 and P18	1.19	2.9
Sub Total	18.66	46.1
PARKS BLOCKS
P1 to P12 inclusive	9.58	23.7
P15 and P16	1.22	3.0
Sub Total	10.8	26.7
Total	29.46	72.8

The balance of the parkland dedication consists of active, programmable space at the westerly edge of the site (Rouge Edge Park) with naturalized planting treatment serving as a transition to the Rouge Valley, while smaller, park spaces are located within the residential communities. Brookside North and South, while not part of the parkland dedication, will be conveyed to the Town, and form part of the realigned Tributary 4 serving as a linkage between the relocated Concanmar Pond and the Rouge Valley.

Community Infrastructure

Staff in discussions with the applicant, have secured additional lands at the centre of the plan to enhance the civic square, and create an opportunity for the introduction of a significant public facility into the development. The Town was also successful in bringing the YMCA to Markham Centre, in the precinct to the east, to provide recreation facilities for residents and businesses within the centre. As part of updating its Parks Recreation Library and Community Facilities Master Plan, the Town will be examining its facility requirements. This update is projected for completion in spring, 2004, at which time additional opportunities for community investment within Markham Centre may be identified.

SERVICING

Engineering Comments

The Town’s Engineering Department has undertaken a detailed review of the applicant’s submission and is satisfied with the design concept for services and the methodology to address environmental issues. The Engineering Department has, however, identified additional areas where further study will be required dealing with slope stability issues, erosion and sedimentation control, road layout, finalization of Environmental Assessments, the transit alignment, utility co-ordination and design. Additional information and up-dates will be required to the Master Environmental Servicing Plan to respond to certain noise (including rapid transit), servicing, transportation, geotechnical and slope stability issues, all of which have been addressed as conditions of draft plan approval.

Water Supply and Sanitary Sewer

The York Durham Sanitary Sewer (YDSS) extending through the site, will provide outlet for the entire development, which will be divided into two (east/west) catchment areas, subject to Region approval. The watermain within Enterprise Boulevard will be connected to a new watermain currently being installed along Warden Avenue and the applicant will be required to submit a watermain phasing layout which corresponds to their phasing plan.

Stormwater Management and Water Quality

While the site is divided into four sub-catchment areas, each with it’s own stormwater management facility, all storm drainage ultimately outlets to the Rouge River, either through stormwater ponds or stormwater outlets. Three of the stormwater management ponds proposed to service this development will be constructed in the Rouge Valley, between the 100 year and the regional flood lines. The introduction of these ponds is provided for in the Markham Centre Secondary Plan, however they must be located and designed to minimize impacts on the valley and to provide a net environmental benefit where possible, subject to the approval of the Town and the Toronto and Region Conservation Authority. As discussed elsewhere in this report, the Conservation Authority has reviewed the applicant’s proposal for the stormwater management ponds and has identified additional information that will be required to complete their review of this component of the Plan.

The fourth stormwater pond is the existing Concanmar Pond, south of Highway 407, the location of which is in conflict with the proposed alignment for the extension of Birchmount Road. Consequently, Concanmar Pond is proposed to be relocated and refitted to service the southwest quadrant of the applicant’s site, as well as additional external catchment area. The relocation of this pond is required prior to the extension of Birchmount Road, and the applicant will be required to provide a stormwater management report with each phase of development.

The relocation of Concanmar Pond also necessitates changes to Tributary 4 that outlets the pond to the Rouge River. The applicant’s proposal provides for the newly aligned ‘Trib 4’ to travel north to the Rouge River parallel to the proposed Park Lake feature at the centre of the applicant’s plan. Trib 4 would be contained within a 60 metre wide, naturalized riparian corridor, which would provide enhanced opportunities for fish and wildlife habitat. The floor of this corridor would be dedicated to conservation purposes, while the upper edges would be planted with woody vegetation and largely left to naturalize on their own. Opportunities for a formal trail system, passive recreation, select areas for seating or lookouts have been identified within this portion of the corridor.

Park Lake

Park Lake is the intended focal point for Downtown Markham. The lake would have a surface area of approximately 2.5 ha (6.2 acres) and, while the lake would be fed from Concanmar pond, it would be an amenity feature rather then serve a stormwater management function. The long-term maintenance and viability of this feature, particularly during dry spells has been an issue for staff, but the Town’s peer review consultant advises that the water quality of the lake will not likely exhibit problematic symptoms such as algal blooms nor stimulate excessive management or remediation activities in the near to mid-term. The consultant recommends that the Town approve the lake, subject, in part, to an acceptable monitoring programme and the preparation of a goose management programme.

The Engineering Section has suggested that the applicant will be required to operate, manage, maintain and monitor the lake for 5 years after it is completed and fully functional, at which time the Town will review the performance of the lake and consider whether it would be appropriate to assume ownership or keep it in private control for further monitoring and an up-graded maintenance programme. If, at the end of this monitoring period the lake function is not sustainable, it may need to be converted to another form of central, publicly accessible amenity. Appropriate conditions of draft plan approval are included.

If, prior to final approval, it is determined that the lake is not sustainable, then the applicant will be required to undertake studies to develop, and construct an alternative form of central, publicly accessible open space amenity at a level commensurate with the site’s significance, scale and prominent location within Markham Centre.

Development Charges

The area specific development charge (ASDC) has not been finalized for Markham Centre. The review of the area specific development charge is underway and staff anticipate a report to Council in the fall or winter. The applicant will be required to pay the ASDC and other applicable fees, including peer review fees, at the subdivision agreement stage.

Utility Design

The Town and applicant have been working with the various utilities to develop a protocol for the installation of utility and related infrastructure within Markham Centre. The intent is to minimize the amount of above grade equipment or otherwise consolidate it in appropriate locations with low visibility. Discussions with the utilities are on-going, but there appears to be opportunities to accommodate most of their equipment requirements within the boulevard areas, and the utilities have also indicated a willingness to share certain facilities, in the event that the need for a centralized ‘utility park’ is identified. Additional information will be required and the applicant is working with the utilities to co-ordinate the design and placement location of their equipment. The conditions of draft plan approval speak to this integration of design and streetscape requirements for utility structure. The plan also anticipates the introduction of District Energy throughout much of Downtown Markham, and the technical requirements for Markham District Energy are being incorporated into the detailed design of the road network, with the intention of being able to serve the office uses, mixed-use and apartment buildings.

Water Allocation

The Town has to-date assigned Markham Centre a water allocation of 2,000 units. Of this allocation, 1,374 units remain following previous allocations being granted, including 546 units to Tridel/Tenstone for the first phase of their Circa project (both townhouse components) at Highway 7 and Town Centre Boulevard.

On April 29, 2003, Markham Council considered a staff report on infrastructure required to support development in Markham Centre, and authorized staff to begin the process of accelerating the design and construction of road infrastructure, which is under the jurisdiction of the Town. In conjunction with this report, Council endorsed the revised 10 Year Road Capital Infrastructure Programme, including a provision for updates on a yearly basis for endorsement by Council.

Specifically, staff was authorized to accelerate the design and construction of Enterprise Boulevard/Helen Avenue from Warden Avenue to Kennedy Road, including the construction of the GO rail line grade separation for completion by late 2004 or early 2005. Design work for this undertaking has commenced and tenders are anticipated to be issued by November, 2003.

The Mayor and Clerk were also authorized to enter into a Development Charge Credit Agreement with Remington, which would provide the mechanism for Remington to front-end the construction of Enterprise Boulevard through their lands, as well as the construction of Birchmount Road south from Enterprise Boulevard to Highway 407. In consideration of Remington agreeing to up-front the design and construction of there roads, the applicant has asked that Council allocate water and sanitary sewer supply for 800 units, to accommodate their first phase.

Other conditions associated with this commitment include the Town simultaneously completing the balance of the construction of Enterprise Boulevard through to Kennedy Road, and Birchmount Road south to 14^th Avenue; draft plan and zoning approvals being granted by July; Phase 1 M-Plan approval and registration by year end; additional water and sanitary allocations subject only to Regional allocations to the Town; and, development charge refunds based on costs incurred beyond the initial 18 metres (60 feet) width of Enterprise Boulevard and Birchmount Road. These matters will be addressed by the Works Department,

It is recommended that Council approve in principle a water allocation of 800 units for Phase 1 of ‘Downtown Markham’, subject to Council receiving a letter from the Trustee of the Markham Centre Developers Group supporting such allocation in the context of the overall water allocation to the Markham Centre Secondary Plan area, and subject to the appropriate Development Charge credit agreement being entered into between the Owner and the Town to advance the construction of Enterprise Boulevard from Warden Avenue to the GO Transit line and Birchmount Road from Enterprise Boulevard to Highway 407.

With respect to the timing of the zoning approval, as discussed in the draft by-law section of this report, given the size and complexity of issues associated with preparing a by-law of this magnitude, it is anticipated that the by-law will not be presented to Council for adoption until the fall of this year. The applicant has accepted this timeframe.

Consistent with the Council endorsed recommendations resulting from the December 3, 2002, staff report on a Water Allocation Policy, a Holding (H) provision will be introduced in the By-law for lands beyond Phase 1, and the applicant will be required to enter into an agreement prohibiting pre-sales of residential units beyond phase 1, until the Hold (H) has been lifted. This policy further requires the developer to acknowledge in writing that it shall save harmless the Town from any claim or action as a result of water service not being available when anticipated. These matters are addressed as conditions of draft plan approval.

ZONING

In order to address the mixed-use nature of this proposal, the extensive design and built form criteria, and to accommodate the projected long-term build-out of these lands, a new freestanding Markham Centre By-law is proposed. This by-law would contain a set of definitions which are consistent with those in other Town By-laws, but the structure of the by-law, zone categories, performance and parking standards, and Hold (H) provisions would be exclusive to Markham Centre. It is anticipated, that over time, there would be the opportunity to incorporate other Markham Centre development approvals into this by-law and eventually integrate it into the Town’s zoning framework within the context of Urban Expansion By-law No. 177-96.

Key components of the draft by-law will include a broad range of use permissions within the downtown core, while restricting other uses considered inappropriate within this context. Prohibited uses include drive-through facilities, gas bars, service stations, automotive/motor vehicle facilities, outdoor storage as well as traditional (strip) shopping centres and industrial uses. The by-law will be very flexible when it comes to where permitted uses are located, while focussing on built form along the edges of parks and streets.

The by-law will also provide for minimum and maximum development standards on a per block basis. The minimums (height, floor area, number of units, setbacks, parking) represent the required built form and massing programme needed to achieve desired urban design, mixed-use and transit-oriented criteria. The maximums would ensure that the height, density and other design criteria are spread over the entire plan to ensure a truly mixed-use, human scale environment, consistent with the intent of the Secondary Plan, and supported by available infrastructure (both hard and soft). Flexibility will be provided to allow density to be shifted within the plan area, provided the minimum and maximum development standards are otherwise met.

Restrictions on ground floor uses will also be identified in the by-law for key locations within the plan. There is a need to ensure that the ground floors of certain mixed use and residential buildings are devoted almost exclusively to retail and service commercial uses to generate the street animation required to create a vibrant downtown. Consequently the amount of ground floor area allocated to residential or commercial lobbies, office or other service uses for the blocks generally fronting onto Birchmount Road north of Enterprise Boulevard and on streets in the vicinity of ‘Market Square’ will be restricted. The by-law will also include provisions which require door and window openings within a certain spacing to preclude large retail users from turning their back or sides to a street.

Holding (H) provisions are an integral component of the by-law. They will address phasing requirements and link each development parcel back to the Development Phasing Plan. The Hold provisions speak to the following criteria – places of worship, schools, transit availability, required infrastructure, parking supply, water allocation, master block development/phasing plans, updated community services study and updated transportation studies.

Of particular significance will be the Hold provisions relating to the phasing and the implementation of a parking strategy for Markham Centre. The matter of Hold (H) provisions in relation to the parking strategy is to effect a reduction in the total amount of long-term parking available within the plan area (in particular surface parking), and will be linked to goals and objectives of the Markham Centre Travel Demand Management Association and the delivery of transit, as discussed in more detail in the parking strategy section of this report. It is intended that the by-law provisions will restrict the location of parking areas, without interfering with building placement, and that as part of this strategy, temporary use by-laws may be used to exercise control over the location, amount, and length of time that surface parking may be provided.

It is anticipated that the policies will, over the medium to long-term, require the majority of parking within Markham Centre to be provided within a structured format. On-street parking is also to be provided, in designated areas of Markham Centre.

Staff have been working with the applicant and our consultant to draft a by-law which encompasses these components and at the same time allows for sufficient flexibility to accommodate a range of use permissions, while achieving the Town’s objectives with respect to phasing, holding provisions, built form, and parking strategy. Given the scope of the by-law, the number of issues, and their complexity, staff will not be in a position to present a draft by-law concurrently with this recommendation for draft plan approval. Staff will continue to refine the by-law and test the parameters with the intention of presenting a comprehensive by-law for adoption to the first appropriate meeting of Development Services Committee in the fall, 2003. The conditions of draft plan approval require the zoning by-law to come into effect, prior to release of any phase of the plan for registration.

AGENCY REQUIREMENTS

School sites have been identified

Two elementary school sites have been identified in the applicant’s plan (Blocks I2 and I3). The sites, both 2.21 hectare (5.5 acres) in size, create an institutional precinct at the east end of the plan with opportunities to combine or share facilities. A 1.68 hectare (4.2 acre) public park is proposed to be located behind the school sites, providing a continuous link between the Rouge River valley to the north and the civic mall and Enterprise Boulevard to the south. A secondary school site was originally identified within the applicant’s lands, however, the York Catholic District School Board has since advised that the Board of Trustees have approved the release of the Markham City Centre Catholic High School site. The public high school site is to be provided east of the GO Transit line.

The York Region District Board advises that they are satisfied with the Remington proposal. The York Catholic District School Board has advised that the elementary school site as configured doesn’t match the ‘facility fit’ plan which was originally undertaken for this site. Remington will be required to adjust the boundaries for the York Catholic District School Board site (Block I3) to match their facility plan as a condition of draft plan approval. The Board further advises that a site within OPA 22 lands, on the east side of Kennedy Road is preferable for their requirements and are prepared to look at alternate locations. In the interim however, the site within the Remington plan is still required.

GO Transit

The GO Transit line forms the easterly boundary of the plan. GO Transit in their review of this proposal, have identified that additional property (3 to 4 metres) will be required to accommodate the future double tracking of the corridor, and the applicant’s plan has identified reserve blocks for this widening. GO Transit has also identified the need for a berm, acoustic barrier, noise and vibration studies, as well as warning clauses and restrictive covenants to be registered on title. These matters have been included in the conditions of draft plan approval.

York Region

The Regional Municipality of York advises that they have no objections to draft plan approval of the Remington plan, and that they support the Town in achieving higher density, pedestrian-friendly development in this Regional Centre. This support is subject to their schedule of conditions (which are included in the package of draft plan conditions), and provided that the Town allocates water and sewer capacity to phase 1 concurrently with approval of the draft plan of subdivision. They request that a holding provision (H) be applied to all subsequent phases, to be lifted upon allocation of water and sewer capacity by the Town.

They further advise that a section of the future Highway 7 Transitway will be located within the subject property with the final alignment being determined through the ongoing Environmental Assessment process. As this development constitutes a major portion of Markham Centre, the Region intends to actively participate at the various stages of development approval in order to support pedestrian-friendly, transit-oriented development adjacent to the rapid transit stations and the transitway.

It should be noted that the YRTP currently anticipates the following right-of-way requirements, subject to modification through the EA process for the Highway 7 Rapid Transit Corridor:

· A widening on the north side of Enterprise Boulevard between Warden Avenue and Birchmount Road.

· A widening on Enterprise Boulevard between Street E and the GO Transit right-of-way.

· Station locations: (i) between Warden Avenue and Street D on Enterprise Boulevard; (ii) at the intersection of the YDSS easement and Street M; (iii) east of the Go Transit rail right-of-way immediately south of Enterprise Boulevard

The dedication of the lands needed for the transitway is to be at no cost to the Region or the Town and is a condition of draft approval for this subdivision as per policy 6.2.11 of the Regional Official Plan.

YRT comments also identified requirements to ensure pedestrian access to future transit facilities, and for the design and location of bus and transit passenger platforms. Requirements for sidewalk locations, turning radii and lane widths to accommodate transit vehicles will be included in the draft plan conditions. Additionally, the applicant will be required to advise potential purchasers of the current and potential transit routes along Enterprise Boulevard, Birchmount Road, Warden Avenue and the Civic Mall, including bus-stops and shelter locations. The applicant will be required to protect for the future transitway.

York Region Transit has identified Markham Centre as an excellent candidate for Transportation Demand Management initiatives such as High Occupancy Vehicle (HOV) lanes for transit and carpooling vehicles. The implementation of these measures would be addressed through a Transportation Management Association as discussed in the transportation comments section of this report.

MTO/Highway 407 ETR

The Ministry of Transportation have requested that the Town ensure the proposed 407 Transitway lands, located along the southerly portion of the applicant’s lands, west of the GO line, be revised to reflect a plan which had previously been prepared. Their conditions contain requirements for noise mitigation measures, details of stormwater run-off, setbacks, permits additional traffic analysis, and financial responsibility for any road improvements. Highway 407 ETR has noted that the section of the highway, east of Warden Avenue is elevated above the applicant’s lands to meet the GO overpass grades. Consequently, mitigation measures will be required and these measures will be Remington’s responsibility and contained on their lands

Toronto and Region Conservation Authority

The TRCA has reviewed the Master Environmental Servicing Plan (M.E.S.P.) prepared in support of these applications and have identified additional technical information required to fully complete their review. The TRCA recognizes that no substantive design changes are required to the plan as a result of their comments.

The comments identify that, for the most part, the environmental buffers within the plan are satisfactory, particularly given that open space uses are proposed adjacent to the corridor. They have however, requested that the existing dwelling within the floodplain be removed to promote a naturalized corridor. This property is discussed in more detail in the following section of the report. The TRCA also requires confirmation of the design details where an environmental buffer includes part of a road right-of-way (boulevard, not paved surface).

Technical requirements identified by the TRCA include among other matters:

· additional analysis concerning the proposed bridge crossings, which are technically outside the scope of the applicant’s M.E.S.P., but which could affect development within Markham Centre

· additional information has been requested as part of future submissions associated with the design of Concanmar pond to avoid possible conflicts with a woodlot feature, confirm how flows were derived, and identification of a flow monitoring strategy

· a more detailed analysis on the quality and flow paths for water entering the lake is required as well as information concerning water temperatures

· a storage-discharge analysis is required to confirm volumes are equal to or exceed current storage capacity within Tributary 4

· additional information to confirm the current meander belt delineation

· a monitoring programme to assess the long term function of the natural channel design for Tributary 4

These comments have been forwarded to the applicant and their consultants in order undertake the necessary evaluation to address the issues identified by the TRCA. As noted above, however, the Authorities technical requirements should not result in any substantive changes to the plan. These comments and requirements have been referenced in their entirety in the conditions of Draft Plan Approval.

House in Hazard Lands designation to be removed

The applicant’s plan identifies a block of land (Block I1) located within the Hazard Lands designation, which contains a single detached dwelling. While this dwelling has no historical significance, the Secondary Plan recognizes its existence within this designation and permits it to be used for a private school for adults, subject to a development application being approved by the Town and TRCA. Schools or educational facilities for children, the elderly or the impaired are not permitted within buildings on Hazard Lands. Given the site’s location in the Hazard Lands and the limited range of uses available, staff have been discussing with the applicant the removal of the dwelling and including the subject parcel as part of the valley land dedication. This is a condition of draft plan approval, and the applicant has indicated their agreement to remove the dwelling.

Fire and Emergency Services

The Fire Department has advised that they have no objections to the application, however they require two independent means of entering the site to insure reliability of access for their vehicles. In this regard, the Fire Department requires the completion of Enterprise Boulevard from Warden Avenue to Kennedy Road/Helen Avenue, and Birchmount Road north from 14^th Avenue. Their access and other detailed requirements pertaining to the size and location of hydrants, as well as water supply connections are addressed in the draft conditions.

Archaeological Assessment

The applicants have undertaken a cultural heritage resource assessment for some of their lands within the draft plan, and further assessments will be required as each phase is developed to ensure the assessment and identification of appropriate treatment of built heritage and archaeological resources, and further to mitigate any identified adverse impacts to significant heritage resources to the satisfaction of the Town (Commissioner of Development Services) and the Ministry of Tourism, Culture and Recreation. No demolition, 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.

Bradburn Farmhouse (Heritage Dwelling) will be relocated

The Bradburn Farmhouse (Heritage Dwelling), formerly located within the Motorola lands, was to be relocated to another lot within the plan area as a condition of site plan approval for the Motorola building. Draft plan conditions will require the applicant to identify an appropriate location for the dwelling within the plan area (Markham Centre), to the satisfaction of the Town and Markham Heritage, and post appropriate financial guarantees to fully restore or reconstruct any damaged or demolished heritage structures.

KEY CONDITIONS OF DRAFT PLAN APPROVAL

The implementation of Markham Centre has a number of significant challenges particularly when it comes to financing the parking structures, road improvements, transit and other infrastructure required to achieve the vision for a highly urban, compact Town Centre. In support of this vision there are a number of financial commitments that the developer will be responsible for and the draft plan conditions speak to these obligations.

Developer’s 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.

Through the on-going work of the Unionville Resident’s Coalition, a need has been identified to continue to explore traffic calming measures for the community north of Markham Centre and address other traffic related concerns arising from future Markham Centre development. In this regard it would be appropriate for the Developer’s Group agreement to address traffic management initiatives for the Unionville Community, where it can be demonstrated that such measures are required in response to traffic generated by development proposals within Markham Centre. The Owner will be asked to agree in the draft conditions to contribute, through the Developer’s Group Agreement, their fair share of traffic calming/infiltration control measures and implementation programmes for the Unionville Community.

A Financial Strategy Study has been initiated

The Town has initiated a Financial Strategy Study which will assist the Town 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. The applicant has been supportive of the financial strategy study in order to develop new mechanisms 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 as Rouge Valley stewardship and TDM programmes, structured parking, and rapid transit facilities. The applicant will, through conditions to draft plan approval, be required to enter into agreements as 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.

Markham Centre Communications Strategy

The Town is also implementing a Communications Strategy for Markham Centre, the intention of which 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. Key components of this strategy include brand management, harmonizing the strategy with other economic development initiatives, facilitating ongoing public consultation and ongoing input by the Advisory Committee, and capitalizing on common interests through cooperative initiatives with other key stakeholders.

The strategy also seeks to create a unified Markham Centre presence and to define the centre. The applicant will be expected to participate through their web site, promotional and marketing programmes, web site, sales and information centres, as well as to contribute to and participate in other initiatives such as a larger, co-ordinated edge treatment for Markham Centre site identification programme, site cameras and construction hoarding programmes. Staff expect that a separate report outlining some of these initiatives will be presented to Development Services Committee in the fall of this year, and the draft plan conditions speak to the applicant’s participation in this programme.

FINANCIAL CONSIDERATIONS:

There will be significant financial challenges associated with realizing the vision for Markham Centre, advancing the infrastructure requirements and achieving the superior level of public infrastructure and public spaces. The Town is currently undertaking a Financial Strategy Study which will contemplate amongst other techniques, designating Markham Centre as a community improvement district, pilot tax incentive zone, and/or special tax incentive zone. The financial strategy study for the Markham Centre district may also include Tax Increment Financing initiatives which direct incremental tax increases towards infrastructure, parking, financial and communications strategies, or upgraded levels of service and amenities. The recommendations of the on-going Parking Strategy and Financial Strategy studies will be the subject of separate reports to Council.

It is important to recognize that there is a need for a variety of tools and techniques to fund the public infrastructure requirements for Markham Centre and that many of the current instruments will not adequately sustain the vision. In this regard partnerships with the development community and new financial policy frameworks on the part of the Town and other levels of government will be essential ingredients in the evolution of Markham Centre.

BUSINESS UNITS CONSULTED AND AFFECTED:

The Strategy, Innovation and Partnerships Commission under the leadership of Mary Frances Turner have been closely involved in the overall strategy to communicate and guide Markham Centre to implementation. Ms. Turner has reviewed this report and is pleased to support the recommendations attached hereto.

The applications have been circulated to all 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 Remington lands represent the single largest, comprehensive development opportunity within Markham Centre and comprise the heart of downtown Markham. The plan is the result of many years of co-operative efforts between the Town and Remington to advance the shared vision for Markham Centre and 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 Centre policies of the York Region Official Plan.

The emerging strategy which forms part of the Province’s SMART Growth vision includes encouraging more compact development which consumes less land; intensifying development around public transit routes to support transit use and reduce gridlock; protecting ecologically important natural areas from potential impacts of development; and, encouraging the development of communities that have a mix of homes, businesses, schools, and stores so that people can live, work and socialize within their own communities. The Remington plan addresses all of these objectives and furthers Markham’s role as a leader in SMART Growth within the GTA.

The proposal envisions a long-term build-out and every effort has been made to secure development which will only occur in a deliberate, phased manner to ensure that infrastructure will be in place to support the plan. Consequently, Holding (H) provisions will be introduced within the zoning by-law and the applicant will be required to lift the Hold as each phase of development proceeds. The Advisory Committee will also be undertaking a more detailed review of each phase of this project to evaluate implementation of the Performance Measures.

It is important to note that 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 recently been demonstrated with the Town’s commitment to advance the delivery of road infrastructure in and around Markham Centre, and in helping to facilitate the YMCA coming to Markham Centre. Reports will be presented to Council in the fall, dealing with the financial and parking strategy studies, both of which will be integral components to going forward, and continuing the Town’s continuing leading role in creating SMART Growth communities.

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 – Aerial Photo

Figure 4 – Draft Plan of Subdivision

Figure 5 – Excerpt from Secondary Plan

Figure 6 – Enterprise Zone

Figure 7 – Precinct Plan

Appendix ‘A’ – Development Phasing Plan

Appendix ‘B’ – Conditions to Draft Plan Approval

Figure 1 - Location Map

Q/Development/Planning/Teams/MarkhamCentre/Coordinator/Remington/Report