RECOMMENDATION
That the report dated July 7, 2003, entitled, “Tenstone Developments
Inc., Development Agreement for File SC 02110607 at the Northwest corner of Highway 7 and Town Centre Boulevard”, be received;
And that
the principles to be included in a Development Agreement, as authorized by
Council on November 13, 2002, and further outlined in this report, be approved,
subject to the following conditions:
1.
THAT
final plans, including Master Site Plan showing phasing, Master Landscaping
Plan, Master Streetscape Plan, and Concept Park Plan and Concept Plan for
treatment of walkway over Hydro ROW and details of interim landscaping be
approved, to the satisfaction of the Commissioner of Development Services;
2.
THAT
the Owner be required to enter into a Development Agreement to the satisfaction
of the Commissioner of Development Services and the Town Solicitor,
incorporating the principles outlined in this report prior to execution of the
Phase 1 site plan agreement and any consent coming into full force and
effect. The terms of the Development
Agreement are to be brought back to Council for authorization, prior to
execution by the Town;
3. THAT an amendment to the Development Phasing
Plan for the Civic Centre District (originally approved May 26, 1996, as
amended) pertaining to this development (Appendix A) be approved;
4. THAT adjustments to Appendix “I” (Central
Area Statistics) of the Central Area Secondary Plan (OPA 21), to reflect the
amended statistics contained in the amendment to the Civic Centre District
Phasing Plan, attached as Appendix A to this report, be approved.
PURPOSE
This report
presents:
·
basis and planning framework for the Development
Agreement with Tenstone
·
principles of the Development Agreement
·
how the approved development will be processed to the
building permit stage
and recommends principles
to be included in a Development Agreement, as authorized by Council, and
further outlined in this report. It is
recommended that the Development Agreement be drafted to reflect the principles
outlined in this report, and be brought to Council for authorization prior to
execution by the Town.
EXECUTIVE
SUMMARY
In November 2002,
Council approved amendments to the Official Plan and Zoning By-law, as well as
a Precinct Plan for this development (Figure 3). They directed that Ten stone
enter into a Development Agreement for the entire site, which is intended to
provide the framework for delivery, by the applicant, of key elements of public
infrastructure, to support this development. This is a major development
application in Markham Centre, and elements of the Development Agreement will
provide guidance for future developments in the area.
The Development Agreement
will, in effect, be a Master Site Plan Agreement for the entire site. It
contains schedules, including a Master Plan identifying project phasing, the
overall streetscape plan and overall landscape plan. It will address matters
such as:
- Town and developer responsibilities;
- parkland dedication requirements;
- parkland enhancement provisions;
- cash-in-lieu of parkland payments for under
dedication of land, after consideration of parkland enhancement credits;
- underground parking beneath the Town Park
- road dedication and construction;
- provision of traffic signals; and,
- the posting of securities for public
improvements.
Implementation of the
development principles will be accomplished through provisions contained in
future site plan and condominium agreements, as applicable.
Staff
has met internally and with the applicant to negotiate the terms of the
Development Agreement and this report identifies the key principles that would
form the basis of the Development Agreement. This report also outlines the
balance of the approval process for this proposal.
A report on the proposed site plan for Phase 1 of this development will
also be presented to Development Services Committee on July 7, 2003, along with
a request for water allocation for the townhouses located west of the future
public road. Water allocation has already been granted for 461 units
(townhouses east of the future public road and northerly high-rise building).
BACKGROUND
Development and Site Plan Agreements are required for
this project
Applications for Official
Plan Amendment, Zoning By-law Amendment and approval of a Precinct Plan were
submitted for the subject site in 2001. In July 2002, Tenstone applied for site
plan approval. On November 13, 2002, Council approved the Official Plan and
Zoning By-law amendments and Precinct Plan for this development. Water
allocation was granted for 461 units, which would allow only for development of
the northerly high-rise building and the townhouses east of the new public
road. Council also directed that the applicant enter into a Development
Agreement with the Town, prior to the execution of any individual site plan or
condominium agreements, to provide the framework for the delivery by the
applicant of the key elements of public infrastructure to support this
development, including:
·
timing of
installation of interim and final landscaping on parkland, to correspond to
phasing of underground garage construction;
·
provision for
payment of cash-in-lieu of parkland dedication;
·
road dedication
and construction;
·
roadway
improvements and other traffic study measures;
·
construction
traffic;
·
compensation for
the removal of trees due to underground garage excavation;
·
provision for
future signalization of the intersection of the new public road and Highway 7;
·
urbanization by
the applicant of the Highway 7 frontage of the subject lands, to the
satisfaction of the Town and the Region of York;
·
dedication now or
in future of any lands required for the proposed Highway 7 rapid transit
corridor and/or station locations;
·
municipal
services and water allocation; and,
·
phasing of
development.
Council also directed that the
provisions of the Development Agreement be incorporated into the future site
plan and condominium agreements for each phase of the project, as applicable.
Also, the applicant was required to acknowledge that the Town is currently
developing a financial strategy for Markham Centre which will contemplate,
amongst other techniques, designating the area for a community improvement
district, Tax Increment Financing and/or special tax assessment area and that
the applicant will agree to support, in principle, this undertaking.
This report identifies the
key principles that form the basis of the Development Agreement, as directed by
Council. In addition, principles pertaining to the location of the memorial to
the farmhouse and the pedestrian connection across the hydro lands have been
added.
Site Description and Area Context of the
subject property
The property
is 7.47 ha. (18.5 acres) in size and is located on the north side of Highway 7
between the Hydro One corridor lands and Town Centre Boulevard (see Figure 1).
It does not include the hydro lands to the west.
Description
of the proposed development
Design and layout of the site
The approved development contains a mix of land uses, including a 780- unit multi-storey
residential apartment development, 155 townhouses, two office buildings, and a
future office or senior’s residential building (approximately 150 units), as
shown on Figure 3, Precinct Plan. There is a linear park through the
development of varying width, which will link to Millennium Park and the Civic
Centre from Highway 7. The overall park area shown on the plan is approximately
2.7 acres (1.09 ha.),which is proposed to be publicly owned in a strata plan,
and subsurface rights conveyed to the applicant to permit construction and
operation of private parking facilities below the park surface. The zoning
by-law requires that the park area be no less than 2.5 acres (1.0 hectare) in size.
A new north/south public road connects Highway 7 to Cox Boulevard and
will serve the office/senior’s building and the office buildings on Highway 7,
as well as providing access to the townhouse development. Parking spaces are
proposed above- ground
for the townhouses and primarily underground for the remainder of the site. The
underground parking garages extend below the park area.
The factors considered by staff in originally recommending that the
parkland remain in private ownership (with public access), included concerns for the Town’s ability to maintain the linear park
at a higher standard resulting from its enhanced improvements and higher design
standards as well as the challenges relating to the construction and operation
of a private parking structure below the park.
Through
further discussions with the applicant and further consideration by staff,
including the advice of the Town Solicitor, staff is now recommending that a
surface strata interest for the park be conveyed to the Town and that
agreements be entered into between the Town and the applicant to convey the
below grade strata to permit below grade parking. Staff has come to the
conclusion that the public interest in the use and operation of the park can be
best served through public ownership. There are a number of precedents
permitting parking to be developed below public parks that have been
successfully developed in other municipal jurisdictions.
This
project will be developed in phases. The applicant has adjusted the phasing
program and the project will now proceed as shown on Figure 4 - Master Plan-
(Phasing Plan) to this report, as described below:
Phasing of Development
The
following chart sets out the proposed phasing for this development which is
illustrated on Figure 4 to this report:
|
PROJECT PHASING
|
|
PHASE
|
COMPONENTS
|
WORK TO BE COMPLETED
|
|
Phase 1, Phase 1A &
Phase 1B
|
·
Northerly condominium
·
amenity building
·
townhouses east of the public road and, townhouses west of public road*
|
- construction of
north/south road and signalization of intersection at Circa Boulevard
and Highway 7
- signalization of Cox Boulevard and Town Centre Boulevard
- signalization of Cox Boulevard and Rodick Road
·
final development of a portion of the parkland
identified as “Park Phase 1” on Figure 4 – Master Plan (Phasing Plan), will
be completed when Phase 1 construction is complete
·
roadway and streetscape improvements along
Cox Boulevard and Town Centre
Boulevard, including on-street parking and signalization of the intersection
and traffic calming
- fencing/treatment along Hydro corridor and resolution of linkage
through the Hydro corridor to corner of Rodick Road and Highway 7
|
|
Phase 2
|
- Southerly condominium
building
|
- construction of final
parkland design for “Park Phase 2”
- streetscape on Highway 7 in front of southerly condominium
building
- provision of access from underground parking for apartments to
new public road, at time of construction southerly apartment
|
|
Phase 3
|
|
- construction of final
parkland design for “Park Phase 3”
- balance of
streetscape on Highway 7 in front of future senior’s residential/office
- underground driveway
connection to north /south public road for Phases 1,2,3
|
|
Phase 4
|
- westerly office
buildings
|
·
construction of final parkland design for
“Park Phase 4”
- Highway 7 streetscape
west of north/south road
|
*subject to water allocation for an additional
85 units at the site plan stage
Water
supply allocation has been granted for 461 units that will be used for the
northerly condominium building and townhomes east of the public road (Phase 1).
The applicant has requested a further allocation for the remaining units west
of the north/south road so that all the townhouses can be constructed at the
same time. This request will be considered with the site plan proposal for
Phase 1 in a separate report at this meeting.
Overall
Landscaping and Streetscaping
The
applicant has provided a Master Plan showing phasing, a Landscape Master Plan,
an Overall Streetscape Plan and an Open Space Concept Plan (see Figures
4,5,6,7) that, subject to final approval by the Commissioner of Development
Services, will form schedules to the Development Agreement. Figure 8 is a
conceptual plan for a linkage over the hydo corridor that the Town is seeking
to secure.
The
Landscape Master Plan and Overall Streetscape Plan illustrate conceptually how
the entire property will be finally landscaped, by identifying coniferous and
deciduous plantings on the site, boulevards, walkways, play areas, sodded and
hard surface areas. The Landscape Master Plan shows an optional pedestrian
connection over the hydro corridor linking to the northeast corner of Rodick
Road and Highway 7. The applicant has prepared a concept plan for that linkage
(Figure 8) and will prepare detailed plans showing the landscaping treatment,
which the Town will use to make application to the owners of the hydro corridor
for the purpose of obtaining an easement over their property. Town staff will
resolve capital costs and maintenance costs of the walkway with Hydro One/ORC
through negotiations. Provided satisfactory terms can be secured, it is
anticipated that the walkway
would be installed as close to the time of construction of the townhouses
located west of the public road as possible.
Park
Concept Plan
The
Landscape Master Plan (Figure 5) and the Open Space Concept Plan (Figure 7)
show the design concept for the future park within the Tenstone Development.
This linear park has a “civic nature” and “destination quality” in the vicinity
of the office buildings, while it creates a “common green” adjacent to the
townhouses which face onto the park. The park design is intended to convey a
sense of a variety of public spaces and to form a linkage to Millenium Park at
the east end of the development. There is a series of primary and
secondary pathways through the park interspersed with open sodded areas, a tot
lot and intensively planted areas.
The nature
of this park will be of a higher order featuring a higher level of design and
upgraded urban quality reflective of the Markham Centre context.
There will
be a decorative metal fence defining the boundaries of the park and separating
the public park space from private terraces and walkways to the townhouse units
facing the park. Unit pavers will link the townhouse units to walkways made of
concrete paving that form connections through the site. The defining elements
of the proposed park are:
·
it is a minimum of 1.0 hectares in
size as established in the zoning by-law
·
a child’s play area is to be located
at the east end
·
a combination of coniferous and
deciduous plantings (primarily indigenous species) are provided throughout
·
hierarchy of walkways, connections and
linkages
·
large open sodded areas
·
a connection to Millenium Park
·
a potential pedestrian connection to
the northeast corner over the hydro corridor to the corner of Rodick Road and
Highway 7
·
farmhouse remembrance feature
Remembrance
feature to be included in park
The
applicant will be working with Town staff to finalize the details of the parks
plan and the elements described above. The historical farmhouse (“Champion House”), that was originally located
on the site was in very poor condition and was demolished with the consent of
the Town. Prior to its demolition, the owners agreed to conditions offering
parts of the building to the Markham Museum and providing a remembrance feature
on the site (Appendix B). They entered into an undertaking with the Town to
address the Town’s requirements and provided a financial security to ensure compliance.
A condition in that undertaking requires its terms be transferred to the site
plan agreement once site plan approval has been obtained.
The applicant will identify a suitable location within the park where
this important remembrance feature can be located, to the satisfaction of the
Commissioner of Development Services. The design, placement, construction and
any terms of the undertaking which have not been met, will be provided for in
the Development Agreement.
Interim
Landscaping
Landscaping
of the park will proceed on a phased basis taking into account the phasing of
the development and phasing of the construction of the underground parking
garages that will extend below the parkland. The development of the underground
parking that serves the high-rise residential portion of the project and the
future office building and future office/senior’s building will proceed as
follows (see Master Plan – Phasing Plan – Figure 4):
·
underground parking for Phase 1
(northerly high-rise and amenity building) generally extends fully to the Phase
1 development boundaries (except in the vicinity of the amenity building) and
under Park Phase 1. It also extends partially into that portion of the lands
defined as Phase 2
·
underground parking for Phase 2
(southerly high-rise building) lies generally within the Phase 2 development
boundaries but extends under an easterly portion of Park Phase 2
·
underground parking for Phase 3
(future office/senior’s building) will be located under that future building
property. Park Phase 3 will be constructed last to allow for construction of
the Phase 3 building
·
underground parking for Phase 4
(future office buildings) will be located under those buildings and will extend
fully under Park Phase 4
Final
park development will take place as the phases of underground parking are
built. Temporary treatment of the park areas will be undertaken in the interim
to the satisfaction of Urban Design staff. A schedule of park phasing is shown
on the table below:
|
PARKS PHASING
|
|
PHASE
|
COMPONENT
|
WORK
TO BE COMPLETED
|
|
Phase1
|
Northerly
high rise and amenity building
|
Park
Phase 1 constructed, Park Phase 2 and Phase 3 graded and sodded
|
|
Phase 1A
|
Townhouses
east of the new public road
|
Perimeter
fencing, a temporary connecting east/west walkway through the park,
connecting linkages to units and landscape buffer along the park interface
constructed.
|
|
Phase 1B
|
Townhouses
west of public road
|
Perimeter
fencing, a temporary east/west walkway through the park, connecting linkages
to units and landscape buffer along the park interface to be constructed.
Balance of Park Phase 4 to be graded and sodded.
|
|
Phase 2
|
Southerly
high rise
|
Park
Phase 2 constructed
|
|
Phase 3
|
Office
building/senior’s building
|
Park
Phase 3 constructed
|
|
Phase 4
|
Westerly
2 Office buildings
|
Park
Phase 4 constructed
|
Treatment of the Northwest Corner of Town Centre Boulevard and
Highway 7
The
applicant is proposing an attractive landscape treatment at the northwest
corner of Town Centre Boulevard and Highway 7, located adjoining the entrance
to the pool area of the amenity building, to highlight this important corner.
Approval of the details of design and treatment of the corner will be finalized
at the time of site plan approval for Phase 1 and will be reflected in the
Master Landscape Plan (Figure 5). There will be informal access to this area
for the public.
Streetscaping
Phasing of streetscaping
will proceed in tandem with the phases of construction as shown on the Master
Plan showing phasing (Figure 4). The developer will make financial
contributions for street tree planting adjacent to the public road and for
planting of the traffic island in accordance with the overall streetscape plan
and to the satisfaction of Urban Design staff.
DISCUSSION:
Planning and legal
basis for the Development Agreement have been established
The Development Agreement
will be a Master Site Plan Agreement for the entire site that contains
schedules, including an overall Master Plan identifying project phasing and the
concept plan for development of the park, the overall streetscape plan and
overall landscape plan (Figures 4,5,6,7 to this report). The purpose of entering
into a Development Agreement with the applicant is to provide a framework for
the delivery of the key elements of public infrastructure to support this
development. This agreement will be made pursuant to the authority under
Section 41 of the Planning Act, and
will establish a Master Site Plan and phasing program for the development and
set out the timing of infrastructure improvements and other key components of
the development, in conjunction with the Development Phasing Plan.
Certain components,
including requirements for off-site improvements and the financial obligations
of the agreement, will be similar to a subdivision agreement, and Legal
Staff will ensure appropriate
mechanisms are utilized to safeguard the public interest. In addition, special
requirements related to the delivery and long-term maintenance of the park may require
provisions in the Development Agreement and subsequent site plan and
condominium agreements.
Principles of the
Development Agreement have been identified in consultation with the Owner
The following principles
identify the major terms of the Development Agreement and will be illustrated
on schedules appended to the Development Agreement (see Figures 4,5,6,7 to
staff report). To cover off all other requirements, the agreement will also
contain provisions that may be more typical of clauses contained in a standard
subdivision agreement, or development charges credit agreement:
- Phasing
The phasing of building
development, underground parking, streetscaping, landscaping, and any other
relevant elements, will be set out in the Development Agreement, as described
in this report and in accordance with the approved phasing schedule attached to
the Development Agreement.
2. Parkland
dedication and Markham Centre Parkland Strategy
The parkland surface strata
will be dedicated to the Town, and the below grade strata conveyed to the
applicant to permit the construction and operation of a private parking
structure below the park. The park will be designed in accordance with a plan
approved by the Town (Open Space Concept Plan is attached as Figure 7) and full
public access will be provided.
The development of the park
will be phased in accordance with the phasing plan, as shown on Figure 4 –
Master Plan. Interim landscaping shall be provided and maintained until final
park construction is complete. Parkland shall be developed in phases and
defined in the Development Agreement, as described in this report and to the
satisfaction of the Commissioner of Development Services.
The parkland dedication
requirements are to be met by the conveyance of the surface strata as shown in
the approved Concept Park Plan (Figure 7), and the payment of cash-in-lieu of
parkland for any shortfall in land dedication. Staff is currently reviewing the
details of this arrangement. Staff has researched other jurisdictions regarding
urban park dedication standards and practices. Many municipalities have amended
their downtown parks policies to reflect the higher densities achieved and the
need for more urban park environments.
Staff has identified three
alternative approaches for an urban parkland strategy for Markham Centre, which
can then be applied to this site. Each alternative is based upon the premise
of:
·
maintaining the integrity of the statutory parkland dedication
obligations in the Official Plan (3 acres/1000 population);
·
providing a strategy that can be applied equitably across all of Markham
Centre;
·
protecting the interests of the public in the delivery and ongoing
maintenance of high quality urban open spaces
·
achieving high quality, urban park spaces in support of a higher density,
mixed use context of Markham Centre
i) Alternative A
The Town has the option to
take all or part of the parkland dedication requirement as cash in lieu of land
dedication. The Town could, in these
circumstances, calculate the cash in lieu requirement and "purchase"
the 2.7 acre parkland surface strata, in a finished state, with the cash in
lieu monies. Phasing of the conveyances
in order to accommodate the developer's phasing schedule would not be impacted
by this approach. The Town's parkland
standard of 3 acres/1000 population is maintained.
ii) Alternative B
Under a subdivision, development,
or site plan agreement the Town may permit the Owner to make up shortfalls in
land dedication with equivalent contributions determined by the Town to be in
the public interest. These would be “enhancements” to the development that the
Town might not otherwise receive and would be considered as contributing added
public value to Markham Centre. A list of potential enhancements that could
form the basis for parkland policies within Markham Centre policy framework could
include:
·
capital enhancements to parkland, in landscaping, structures or features
·
funding provision or mechanisms to achieve higher maintenance standards
·
integration of cultural or public facilities into projects
·
public art contributions or programmes over base policies
·
unique or special publicly accessible features, gardens, atria or
sculpture courts
These enhancements could be
included in the Markham Centre policy framework through future amendments to
the Secondary Plan. Through the agreements, the Town would “capture” these
public enhancements and appropriate securities would be posted for their
delivery. The Owner could then apply for an exemption for the cash-in-lieu
portion of the Town’s parkland obligations equivalent to the value of the
enhancements and the Town may exempt the owner from all or a portion of the
cash in lieu payment.
ii) Alternative C
The last alterative is similar,
requiring each development to fulfil its park dedication requirement of 3
acres/1000 population on a site by site basis. However, in this case, the Owner
would fulfil the parkland and cash in lieu obligation but could subsequently
apply for municipal grants back for qualifying enhancements to their parks.
Such grants could be made under the Municipal Act.
The final Markham Centre Parkland
Strategy will be finalized by staff and then incorporated into the Development
Agreement for Tenstone. The staff
preference is for Alternative A or B, as outlined above. These alternatives
would be consistent with the Town’s parkland objectives, and are considered to
more streamlined from the point of view
of administration of parkland dedication/enhancement credits, rather than
alternative C that would involve grants.
Staff will finalize the terms of the agreement based on Alternative A or
B, following further discussion between Town Planning and Legal Staff, and with the applicant, and bring the draft
agreement to Council for authorization
prior to execution.
The final location and design of
the Champion House remembrance feature will be identified on the Concept Park
Plan, to the satisfaction of Commissioner of Development Services. Any applicable requirements contained in the undertaking dated
August 30, 2001 between the Town and Tenstone Developments Inc., respecting
this feature, will be transferred to the Development Agreement.
3. Development
Phasing Plan
The Secondary Plan requires that a Development Phasing Plan (DPP) be
prepared by the landowners on a district basis to ensure an orderly sequence of
development and efficient implementation of key infrastructure. The Development
Phasing Plan must be approved by the Town prior to the approval of development
in the District. Council originally approved the Civic Centre Development
Phasing Plan on May 28, 1996 (Phase One only of Tenstone Developments) and it
was revised in June 1999 to encompass all the lands within the Civic Centre
District.
The Development Phasing Plan
will establish an overall phasing context for provision of infrastructure in
the Civic Centre District, while the Development Agreement will identify
phasing, as well as on and off-site improvements related to Tenstone’s
development. The proposed amendment to the Development Phasing Plan to
incorporate the Tenstone development is attached as Appendix A to this report.
Changes to this Plan will result in adjustments to Appendix “I” (Central Area
Statistics) in the Secondary Plan (OPA 21).
Requirements of the approved
Development Phasing Plan and the Development Agreement will be incorporated
into the site plan agreements and condominium agreements for the various phases
of development and will be implemented, as applicable.
4. Construction and
Dedication of new North South Road
The applicant, at its sole
expense and to Town specifications, will construct the north/south public road.
It will be open to the public, prior to substantial completion of the
townhouses east of the public road. To that end, the applicant shall provide a
schedule for the construction of Circa Boulevard to the satisfaction of the
Town, prior to execution of the site plan agreement. The applicant will make
its best efforts to obtain approval from York Region to allow signalization of
the intersection of the new road with Highway 7 and install signals.
The north/south road will be
aligned with the proposed Stringbridge driveway to the south, and will be
dedicated to the Town upon execution of the Development Agreement.
- Transportation
Full build out of this site
will be subject to implementation of a number of infrastructure elements at
specific time horizons. These elements will be specified in the Development
Agreement. The key infrastructure elements include:
- Traffic signals at the following intersections:
Town
Centre Boulevard and Cox Boulevard
Highway 7 and
Circa Boulevard
Rodick Road and
Cox Boulevard
- Roadway and streetscape improvements to Cox
Boulevard
- Connection from Cox Boulevard to Highway 7 by
way of a new north/south public road (Circa Boulevard)
- accommodation of future transit initiatives
Since the transportation
analysis and approval is premised upon certain regional infrastructure being in
place in the various horizon years (i.e. widening of Highway 7, Warden Avenue
and higher order transit), as well as the Rodick Road extension south of
Highway 407, additional traffic studies may be required by the Development
Agreement in the event such infrastructure is not delivered in accordance with
the proposed phasing plan.
- York Region Transit Partnership
It is recognized that there
are benefits to the owner associated with the location of a transit station or
other related transit facilities on, or adjacent to, this property. The
applicant agrees to meet the conditions of approval of the YRTP to ensure that
the requirements of transit-oriented development are taken into account and
acknowledges that a reasonable and commensurate contribution may be required
towards the cost of rapid transit facilities within the development.
- Traffic Demand Management and Parking Strategy
Traffic Demand Management
measures will be incorporated into the design of this development according to
the criteria in the Markham Centre Performance Measures document. The applicant
will also agree to support the Town’s initiatives aimed at reducing single
occupant vehicle trips and increasing the transit modal split by participating
in Transportation Management Associations, Travel Demand Management and other
programs.
A parking strategy for the
Markham Centre Planning District will potentially result in policies, or other
requirements for: reducing parking supply/standards for developments; creating
an agency, or other authority, to monitor and potentially supply parking
through a municipal parking authority in Markham Centre; encourage use of
structured parking. The applicant acknowledges that future phases of the development
will be designed to incorporate these parking strategies and promote use of
shared parking facilities.
8. Roadway
Improvements and Traffic Signalization
Prior to any occupancy of
the northerly apartment building, Cox Boulevard improvements (including traffic
calming measures, turning lanes, curb modifications, parking lay-bys, street
lighting and signalization of Town Centre Boulevard and Cox Boulevard) shall be constructed to
the satisfaction of the Town.
Prior to any occupancy of
the townhouses east of the public road, the applicant shall design, construct
and install the sidewalk and streetscape improvements along Cox Boulevard to
the satisfaction of the Town, in accordance with a plan attached to the
Development Agreement.
Prior to any occupancy of
the townhouses west of the public road, the applicant shall design, construct
and install signalization and pedestrian crossings for the intersection at Cox
Boulevard and Rodick Road to the satisfaction of the Town.
9. Construction
Traffic
Construction traffic will
not be permitted from Town Centre Boulevard or Cox Boulevard. The location and
design of the construction access will be from Rodick Road and Highway 7 to the
satisfaction of the Town, the Region and to Ontario Reality Corporation/Hydro
One for any potential crossing of the hydro corridor.
10. Walkway on Hydro
Lands
Development, construction
and maintenance of a potential walkway across the adjoining hydro corridor will
proceed pursuant to a future arrangement between Tenstone, the Town and the
owners of the hydro corridor. A proposed design, prepared by the applicant’s
landscape architect is appended to this report as Figure 8 and will be subject
to negotiations by the Town with the appropriate parties.
Construction of this linkage
will be undertaken at the time of construction of the westerly phase of
townhouse development.
- Tree Removal
Tenstone has agreed they
will pay a sum to be finalized in the
Development Agreement for every tree that is removed in connection with the
construction of the development in accordance with a tree removal plan to be
attached to the Development Agreement. A provision pertaining to the tree
removal fee will be incorporated within the Development Agreement.
12. Remembrance Feature and Public Art Policy
The final location and design of Champion House remembrance feature
shall be identified on the Concept Park Plan, to the satisfaction of the
Commissioner of Development Services. All applicable requirements contained in
the undertaking dated August 30, 2001 between the Town and Tenstone
Developments Inc., respecting this feature, will be transferred to the
Development Agreement.
The applicant acknowledges
that the Town is developing a Markham Centre public art policy program and
agrees to establish public art on their property in accordance with that
program.
13. Urbanization of
the Highway 7 Streetscape
The design, construction and
installation of streetscape improvements along Highway 7 will be done by the
applicant in accordance with the Highway 7 streetscape plan to the satisfaction
of the Town and the Region of York. The urbanization of the Highway 7
streetscape will be at the sole cost of the applicant.
14. Municipal
Services and Water Allocation
The Town has granted water
allocation for 461 units (Phase 1) and Tenstone will be precluded from
developing beyond this limit until Council allocates further water. Tenstone has also agreed to a provision to
be included in the Development Agreement that it will not pre-sell any units
beyond Phase 1 until water allocation is received from the Town. The Town
reserves the right to revoke or reallocate water supply to the project should
development not proceed in a timely manner.
Water allocation for this
development will be reviewed in the context of the overall water allocation to
Markham Centre (OPA 21) and will be addressed to the satisfaction of the Town.
Consideration of water allocation for the additional 85 townhouse units will be
given at the time of site plan approval for Phase 1. All future allocation is
contingent on approval from the Developer’s Group.
- Utilities and Building Construction
The applicant shall prepare
an overall utility plan (Composite Utility Plan) to the satisfaction of the
Town and all affected authorities for each Phase of this development as a
condition of site plan approval. The plan shall comply with the approved engineering
and streetscape design criteria for Markham Centre, and minimize the exposure
of above grade service structure/equipment to the satisfaction of the Director
of Engineering and the Town Architect.
Given the underground
structure and proximity of the building to the street line, building
construction will require special shoring techniques adjacent to the public
right of way. The Town does not permit below grade construction to encroach into
the public right of way. The applicant shall bring forward engineering
design/solutions that do not rely on encroachment into the Town roads, to the
satisfaction of the Director of Engineering. If however, appropriate
design/engineering solutions cannot be achieved, the applicant may propose
and the Town may consider alternate solutions that minimize
encroachment into the public right of way, to the satisfaction of the Director
of Engineering.
16. Green
Infrastructure
Green infrastructure
principles 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 final site plan approval. This report will
provide for a green infrastructure program that will include but not be limited
to, the provision of stormwater management, reduced energy consumption, green
roof on the amenities building and energy efficient heating and cooling
(District Energy).
17. Noise
Attenuation
The
applicant has submitted a noise study called "Acoustical Review, Proposed
Townhouse & Two High-Rise Condominium Towers” dated February 7, 2002, by Coulter Associated Limited.
Following approval of that
noise study by the Director of Engineering, all report recommendations shall be
incorporated into the Engineering drawings and warning clauses in agreements of
purchase and sale, to the satisfaction of the Director of Engineering.
- Other Agency Comments
The applicant agrees to
comply with the requirements of Hydro One Networks Inc. respecting grading and
drainage, provision of easements, design requirements (for walkways, fencing,
landscaping, etc.), and any operations and access on Hydro lands.
Noise warning clauses will
be required to be added to all agreements of purchase and sale as requested by
Transport Canada based upon the proximity to Buttonville Airport. All other
requirements of that agency respecting matters such as height, restrictions on
waste disposal, outdoor lighting and provision of a Clearance form shall be
complied with.
19. Financial
Strategy
The Town is currently
undertaking a Financial study to examine potential financial implementation
tools for Markham Centre. A variety of strategies are being reviewed including
designating Markham Centre as a community improvement district, a pilot tax
incentive zone and/or a special tax incentive zone.
The applicant agrees to
support taxes being directed to Tax Increment Financing initiatives, or other
initiatives, including transit improvements in support of advancing the
infrastructure requirements for Markham Centre and achieving the superior level
of built form, finishes and public spaces for the Centre.
20. Securities
The applicant shall post
sufficient securities at the time of entering into the Development Agreement
for all phases of this development (Phases 1, 2, 3 and 4).
- Consents
The
applicant has submitted applications consent to sever the lands. Execution and
registration of the Development Agreement and its schedules and Phase One site
plan agreement against the entire land holding will be required prior to
division of the lands to ensure that all owners are bound by the terms of the
agreements prior to division of the property. The Development Agreement shall
include provisions respecting the shared use of the amenities building,
accesses, parking and other facilities to the satisfaction of the Town
Solicitor.
- Development Charges
The
applicant will agree to pay development charges in accordance with current and
anticipated applicable development charges and new area specific charges for
Markham Centre as well as a Town-wide ‘Hard’ component calculation. The
applicant will provide a letter of credit or make
alternative financial arrangements to guarantee payment of increased
development charges anticipated as a result of infrastructure requirements in
Markham Centre.
How the development will be
processed to the building permit stage.
The next
steps in the approval of this development will include:
·
Finalize
Development Agreement
The Development Agreement, as outlined in this report will be finalized
based upon the principles outlined in this report.
·
Site Plan
Approval - Phase 1
Tenstone’s request for additional water allocation will be considered as
part of the site plan approval for Phase 1 of their development. The site plan
agreement will identify any further conditions to be applied through the
condominium agreement and at the time of land severance.
·
Lifting of the
Holding provision in the Zoning By-law for Phase 1
The applicable zoning by-law includes a hold provision, which will
remain in place until: execution of the Development Agreement for the entire
site; execution of individual site plan agreements for each phase of
development; and water allocation approval. The H symbol will be removed on an
incremental basis as each
individual site plan agreement is executed. An
application for the H removal will be required before Phase 1 of the
development can proceed.
FINANCIAL CONSIDERATIONS
The applicant
will undertake certain services, works, and construction as part of this
development for which credits may be negotiated under Development Charges.
There may also
be financial implications for establishing a parkland operating and maintenance
fund.
BUSINESS
UNITS CONSULTED AND AFFECTED
The Development Agreement will be circulated
to all applicable departments and agencies for comment. Detailed requirements
of other departments and agencies will be incorporated into the agreement and
conditions of site plan and condominium approval, as applicable.
CONCLUSION
This report identifies the
key principles of the Development Agreement for the Tenstone application. It is
recommended that the final Development Agreement be prepared based upon these principles for
execution by the applicant and the Town.
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Jim Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning & Urban Design
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FIGURE 1
DOCUMENT Q:\Development\Planning\APPL\SITEPLAN\02110607\dsc0707mu.pm.doc
ATTACHMENTS:
Report
Figures
Figure 1
Location Map
Figure 2
Area Context
Figure 3 Precinct Plan
Attachments
Figure 4 Master Plan (Phasing
Plan)
Figure 5 Master Landscape Plan
Figure 6 Overall Streetscape Plan
Figure 7 Concept Park Plan
Figure
8 Concept Plan for linkage over hydro
corridor
Appendix A –Development Phasing Plan
Appendix
B – Commemorative feature- Champion House
APPLICANT/AGENT: Mr. Steve Upton
4800
Dufferin Street
Toronto,
Ontario
M3H
5S9
Telephone: 416-736-2541
Fax: 416-661-0978
LOCATION PLAN
