Report to: Development
Services Committee Report
Date: March 6, 2007
SUBJECT: PRELIMINARY
REPORT
M.
I. Developments
Application
for an Official Plan Amendment to redesignate 67 Green
Lane from Business Corridor Area to Urban
Residential
PREPARED BY: Geoff Day,
Planner II, ext. 3071
Doris
Cheng, Planner II, ext. 2331
West
District Development Team
APPLICATION No.: OP 07-108381
RECOMMENDATION:
That a Public Meeting be held to consider
the Official Plan Amendment application submitted by M. I. Developments to redesignate
67 Green Lane from Business Corridor Area to Urban Residential;
And that Staff be authorized and directed
to do all things necessary to give effect to this resolution.
EXECUTIVE
SUMMARY:
The subject lands (67 Green Lane) consist
of approximately 1.97 hectares (4.87 acres). The
application is to redesignate the lands from Business Corridor area to Urban
Residential to provide for 8 stacked townhouse (16 units)
and 180 apartment units in an 18 storey tower.
Staff
is concerned by this proposal to convert industrial land to residential use.
There is a significant demand for industrial lands in Markham,
while the Town currently has a limited supply. To maintain competitive, Markham
must conserve its industrial land base. The conversion of viable industrial
land is not consistent with the Town’s Official Plan or Economic Development
Strategy.
The Provincial Policy
Statement (PPS) and the Growth Plan for the Greater Golden Horseshoe (GGH)
confirms the importance and need to identify, secure
and protect employment lands. The Town
of Markham’s Official Plan policies are consistent
with these provincial planning documents.
In
order to allow for public input before Council makes a decision on the
application, it is recommended that a public meeting be held.
FINANCIAL
CONSIDERATIONS:
Not applicable
.
PURPOSE:
The purpose of this report is to provide preliminary
information regarding this application and to recommend that a statutory Public
Meeting be held with respect to the Official Plan Amendment application.
BACKGROUND:
Property and
Area Context
The 1.97 hectare (4.87 acre) site has frontage on both the
south side of Green Lane and the
north side of John Street, east of Bayview
Avenue.
The subject property is municipally known as 67 Green
Lane.
The property presently contains an 8,385 m2 (90,253 ft2)
industrial building. There is no
significant vegetation or natural features on the site (See Figure 3).
To the east and north across Green Lane are existing
single and multi tenant industrial buildings. To the south across John Street is a
commercial self storage facility. Abutting
the subject property to the west is the CNR Railway corridor. To the west of the rail corridor are lands
designated Community Amenity Area, including St. Lukes Church and a mixed use commercial/residential
development known as the Townhomes of Thornhill Village, which is currently
under development. The Landmark of Thornhill
Condominiums, a neighbourhood commercial plaza and fire hall are located on the
north side of Green Lane between
Bayview and the CN Rail line.
The Official Plan and Secondary Plan
do not permit residential uses
The subject lands are designated
Business Corridor Area in the Official Plan and Business Corridor Area – John
Street/Green Lane in the Thornhill Secondary Plan.
Section 3.5.3 f) of the Official Plan
states that considerations to amend the plan to delete or change an industrial
land use category must have regard for:
The planned function of the Business
Corridor Area in the Official Plan is to accommodate a mix of industrial and business
activities in corridors along major road frontages of industrial areas. Some retail and institutional uses are
permitted, provided they accommodate the business and service needs of nearby
companies and employees. Retail uses are
not intended to serve the general public as their primary
function. Residential uses are not
permitted.
In the Thornhill Secondary Plan, the subject site and
surrounding industrial areas are designated Business Corridor Area – John
Street/Green Lane.
The designation is intended to ensure
the continued employment use of the lands for the long term and to permit a
shift in the range of industrial and business uses to encourage physical and
functional upgrading of the area. The Secondary
Plan policies indicate that the Town’s objective is to encourage the planned
function of the area for industrial and employment uses appropriate to the area
context, and broadening the range of non-industrial uses including certain
institutional and commercial uses permitted through a rezoning process and by
requiring site improvements and upgrading.
Within the context of this objective, the Secondary
Plan specifies that lands may only be zoned to permit the uses set out in
subsections i) and ii) of section 3.5.6.3 c) of the Official Plan, including
offices, light industrial, research and development, financial institutions and
the like. Limited retail is also
permitted. Auto related uses, outdoor
storage, and ‘self-storage’ warehouses are prohibited.
Residential uses are not contemplated or permitted by
either the Official Plan or Secondary Plan.
Current zoning does not permit residential uses
The lands at 67 Green
Lane are zoned Industrial (M) by By-law 77-73, as amended.
Residential uses are not permitted within this zone category. A zoning by-law amendment would be required
to permit the proposed development, in addition to the requested OPA. The owner has not submitted an application
for rezoning at this time.
The intent of the proposal is to redesignate the lands to provide for
residential uses
The applicant is proposing to
redesignate the lands to provide for high density Urban Residential
development. The existing 8,385 m2 (90,253 ft2)
industrial building is proposed to be demolished, and would be replaced with 8 stacked 4 storey townhouses,
consisting of 16 units with access from John Street, and 180 apartment units in
an 18 storey residential tower with access from Green Lane. In total, 196 residential units are proposed
at this location (See Figure 4), resulting in a density of 99.5 units per
hectare (40.3 upa). The proposal also includes 450 parking spaces,
to be located at grade and in a 3 storey parking structure at the base of the
proposed residential tower, with a proposed rooftop recreation space. It is anticipated that the application would require
a total of 302 parking spaces under Parking By-law 28-97, to accommodate the
requirements of the residents and visitors.
This would yield an excess of 148 parking spaces within this proposed
development.
The applicant has not submitted a
zoning by-law amendment or site plan application for the proposal at this
time. The applicant has submitted a
concept drawing in support of the application (Figure 4).
OPTIONS/ DISCUSSION:
The application relates to site
specific Official and Secondary Plan Amendments to redesignate the subject
lands from Business Corridor to Urban Residential. Therefore the central consideration in
reviewing the application is the planned function of the area, and the
associated land use, economic and policy impacts of the proposal.
The Supply of Land for Industrial Use
in Markham is Limited
Markham is a key
employment centre within the GTA with an economic base supporting a wide range of
employment and industrial uses. Consistent
with the provisions of the Official Plan, the Town monitors the supply of employment
land available for development and considers this information when assessing
applications for redesignation of employment categories. The Town has identified a need to preserve
existing employment lands and to designate additional land to accommodate
forecast growth in business park employment in order to maintain Markham’s
competitive economic position. This need was identified in the 2000 Employment
Lands Strategy Study, and confirmed in subsequent analyses undertaken by staff.
The Town has since been actively engaged in a program to identify and designate
additional industrial lands. Concurrently, staff has recommended that proposals
to convert viable industrial lands to non-industrial uses should not be
supported in order to preserve the supply of land presently designated or zoned
for industrial uses. It is anticipated
the application to redesignate the
industrial lands to urban residential would serve to de-stabilize the integrity
and the industrial function of this and other employment areas.
The application is not supported by
the Town of Markham Economic Development Strategy
The Town’s Economic Development Strategy, to
establish, promote and support Markham as the best
location for diverse high-tech and related businesses, relies on a supply of well located, appropriately sized and serviced vacant
employment lands. The availability of employment lands is an
important competitive advantage for Markham in the Town’s pursuit of its economic development
objectives.
The
Competitiveness Strategy Phase One Report was brought forward to the
Development Services Committee on February 20, 2007.
This report provides an economic sectors analysis which provides input to the development of a new 10-year
Economic Competitiveness Strategy for Markham. The initiative is intended to critically review the
Town’s position as a high-tech capital/centre for technology and to make
recommendations to develop a 10-year strategy, with regard for confronting the
challenges of maintaining Markham’s continued competitiveness in labour force, traffic/transportation,
employment land supply, and cost considerations. The report was received and the
recommended actions approved. One of the
recommendations of the report was for the Town to retain the employment lands
it currently has for office and industrial development.
Markham’s Industrial
vacancy rates continue to average
below the GTA average, due to the unavailability of market ready industrial sites. Currently Markham’s inventory
of vacant industrial and office sites is constrained relative to current and
future employment needs. Furthermore, much
of the remaining supply is insufficient in size for large scale development, and
is isolated. The need to preserve existing employment lands is
becoming increasingly important.
Previous studies undertaken by the Town have
confirmed the viability of the Thornhill Industrial Area. The potential loss of employment lands at
this site is of concern, and requires consideration in a Town wide context, as
well as within the context of the character and status of this immediate
area. The loss of existing industrial land and the potential for destabilizing
a viable industrial area are significant concerns.
The new Provincial Policy Statement
(PPS) came into effect on March 1,
2005. The PPS reflects
the identification in the Planning Act of
employment as a matter of Provincial interest.
Subsection 2 k) of the Act identifies the “adequate provision of
employment opportunities” as a provincial interest for which municipalities
shall have regard. A central theme of
the PPS is building strong communities through managing land use to achieve
efficient development and land use patterns. Section 1.1.2 requires that:
“Sufficient land shall be made
available through intensification and redevelopment and, if necessary,
designated growth areas, to accommodate an appropriate range and mix of
employment opportunities… to meet projected needs for a time horizon of up to
20 years.”
Section 1.3.1, Employment Areas
establishes a policy that:
“Planning authorities
shall promote economic development and competitiveness by…planning for,
protecting and preserving employment
areas for current and future uses…”
Section 1.3.2, Employment Areas
establishes policies that:
“Planning authorities
may permit conversion of lands within employment areas to
non-employment uses through a comprehensive review, only where it has
been demonstrated that the land is not required for employment purposes over
the long term and that there is a need for the conversion.”
Of note, an “employment area” is defined in the PPS
as an area, “designated in an official plan for clusters of business and economic
activities including but not limited to, manufacturing, warehousing, office,
and associated retail and ancillary activities.”
A “comprehensive
review” as defined
in the PPS is “an official plan review which is initiated by a planning authority, or an
official plan amendment which is initiated or adopted by a planning authority…”
As noted above, staff has undertaken
various reviews regarding the supply of employment lands in the Town of Markham. Staff has confirmed through these studies the
need to retain the existing employment land base to maintain Markham’s economic
position as a significant urban centre within the Greater Toronto Area. Retaining the existing employment land base
is essential in promoting a balance between housing and employment
opportunities in the Town. Given the
documented shortage of employment lands in the Town,
and the policy direction of the PPS which emphasizes the preservation of
employment lands, Staff are of the opinion that this application does not meet
the intent of the PPS as it relates to the preservation of employment
lands. Nor can a decision to convert
employment lands be made outside the context of a comprehensive review.
Growth Plan for the Greater Golden Horseshoe
On June 16 2006, the Province released the Growth Plan for the Greater Golden Horseshoe (GGH or
Places to Grow). Section 2.2.6 of the Plan (Employment Areas) specifically
addresses issues of industrial land supply and the conversion of industrial
lands to accommodate other non-employment uses. The Plan states that:
“5. Municipalities
may permit conversion of lands within employment areas, to non-employment uses, only through a
municipal comprehensive review where it
has been demonstrated that:
a) there is a
need for the conversion
b) the
municipality will meet the employment forecasts allocated to the
municipality pursuant to this Plan
c) the conversion
will not adversely affect the overall viability of the employment
area, and achievement of the intensification target, density targets, and other
policies of this Plan
d) there is
existing or planned infrastructure to accommodate the proposed conversion
e) the lands are
not required over the long term for the employment purposes
for which they are designated
f) cross-jurisdictional issues have been
considered.”
Currently,
the Town has not engaged in any recent comprehensive reviews for these specific
lands. Studies that have been undertaken
by the Town have generally concluded that there
is a shortage of employment land within the Town to accommodate employment
forecasts. As a result, a key policy
objective of the Town is to expand the current supply of employment land, and
not to support the conversion of viable industrial lands to non-industrial
uses. Furthermore, as noted below, there
is no available servicing allocation to permit residential development of this
site at this time. Finally, this site
specific proposal would, in staff’s opinion, serve to destabilize the viable
Thornlea employment area. The proposed
OPA fails many of the policy tests established by the Places to Grow Plan.
There is no servicing allocation available for the proposed
development
In the June 20, 2006
Servicing Allocation report, Council was updated on the servicing constraints within
the Town of Markham. Staff identified locations where capacity was
to be allocated. The area of Thornhill
was not assigned any additional servicing allocation and this proposed
development requires an allocation for approximately 454 people (a total of 196
residential units).
Based on
information provided by the Region of York, Staff does not anticipate servicing
constraints to be resolved in the Town of Markham until 2011
at the earliest. Until then, Regional
servicing capacity is a fixed constraint within the Town and will remain so
until regional infrastructure has been upgraded to accommodate new development.
In addition,
the Operations and Waterworks Departments have identified that the existing
local sanitary sewer does not have enough capacity in the Thornhill area, and
site specific and area wide infrastructure improvements are required.
The proposal does not provide sufficient safety setbacks
from the CN Rail line
The application has been circulated to CN Rail for
comment. The applicant has proposed a
7.3 metre setback from the CN Rail line to the proposed 4 storey stacked
townhouses and a 4.46 metre setback from the parking structure. The standard requirement from CN Rail
prohibits any habitable buildings within 30 metres from the tracks as a safety
zone. CN Rail comments will be
considered in the final recommendation report.
FINANCIAL
CONSIDERATIONS:
The
application is currently under review.
Any issues arising regarding financial issues or other related
considerations will be addressed in the final report.
ENVIRONMENTAL
CONSIDERATIONS:
The presence or extent of environmental contamination on this site is
unknown. Any application to redevelop
the property would require an Environmental Site Assessment in order to ensure
that in the event contaminated lands are identified, they will be cleaned up in
accordance with the Ministry of Environment guidelines.
ACCESSIBILITY CONSIDERATIONS:
There are no accessibility issues associated
with this application at the present time.
ENGAGE 21ST CONSIDERATIONS:
This
application does not align with any of the Town’s seven corporate goals as set
out in Engage 21st Century.
Of particular concern, it conflicts with the corporate goal of Economic
Development, Managed Growth, and Infrastructure Management by removing viable
employment lands from the Town’s inventory, proposing residential uses in
inappropriate locations and proposing development in areas without sufficient
infrastructure or servicing capacity.
BUSINESS UNITS
CONSULTED AND AFFECTED:
The application has been circulated to various Town departments and
external agencies. Requirements of the Town and external agencies will be
considered in preparing final recommendations.
Staff has received comments from the
Region of York. The Region considers the application is premature until a
comprehensive review can be completed. The Region’s initial comments concur
with Town concerns regarding the preservation of employment lands for current
and future uses. The Region of York’s comments are attached as Appendix
‘A’.
CONCLUSION:
The proposal is inconsistent with Provincial policies and the provisions of the Town of
Markham’s Official Plan.
A key policy objective is to preserve and enhance the supply of
industrial land. The desirability of
additional residential uses, at this location and at this time, must be
considered in the context of the Provincial Policy Statement and the Growth
Plan for the Greater Golden Horseshoe, the Town’s Official Plan and Economic
Development Strategy, and potential impacts that the proposal would have on the
remaining industrial area and the Town’s employment land use. This report outlines a number of specific
concerns and fundamental policy issues related to this proposal. They include:
a) the proposal would destabilize the surrounding employment area;
b)
the proposal is not
supported by the Town of Markham Economic Development
Strategy or the Official Plan, which seek to preserve
existing employment areas and increases the inventory of developable employment
lands.
c) the proposal does
not comply with the Provincial Policy Statement (2005) with regard to restrictions
on the conversion of lands within employment areas to non-employment
uses, nor has it been demonstrated that the land is not required for employment
purposes over the long term and that there is a need for the conversion;
d) the proposal for
residential use does not comply with the Growth Plan for the Greater Golden
Horseshoe as it does not demonstrate the need for the redesignation of the
employment lands for residential purposes;
e)
the proposal does not provide sufficient safety setbacks
from the CN Rail corridor;
f) no municipal water
or sewer capacity is available or has been allocated for residential
redevelopment on this site; and
g) Operations
and Waterworks Departments have identified that the existing local sanitary
sewer does not have enough capacity in the Thornhill area, and site specific
and area wide infrastructure improvements are required.
In order to allow for public input before Council makes a decision on the
application, it is recommended that a public meeting be held.
RECOMMENDED BY:
________________________ ________________________
Valerie Shuttleworth, M.C.I.P,
R.P.P Jim Baird, M.C.I.P,
R.P.P
Director, Planning & Urban Design Commissioner,
Development Services
ATTACHMENTS:
Figure 1 –
Location Map
Figure 2 –
Area Context and Zoning
Figure 3 –
Air Photo
Figure 4 –
Concept Plan
Appendix A –
Region of York comments
APPLICANT/AGENT: MI Developments Inc.
455 Magna Drive
Aurora Ontario L4G 7A9
Contact: K. Bruce Milburn
Telephone: 905-726-7615 Fax:
905-713-6332
Email: bruce_millburn@midevelopments.com
DOCUMENT:
File path: Amanda\File OP 07 08381
\\MARKHAM.CA\APPS\AMANDADOCS\PLANNING\SAVEPATH\7404435056.DOC
Figure 1:
