Report to: Development Services Committee Report Date: June 19, 2007

SUBJECT: PRELIMINARY REPORT

Rice Commercial Group

Application for Zoning By-law Amendment to permit an industrial/office building

11258 Woodbine Avenue

Highway 404 North Planning District

ZA.07-114298

PREPARED BY: Stephen Kitagawa, Senior Planner – West Development District

RECOMMENDATION:

That the Development Services Committee report for the Rice Commercial Group, dated June 19, 2007, for a new industrial/office development, north of Elgin Mills Road, west of Woodbine Avenue, municipally known as 11258 Woodbine Avenue, in the 404 North Planning District, be received as information to be considered at the Public Meeting scheduled for this date;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

The subject property is approximately 21 hectares (51.89 ac.) in area and is located north of Elgin Mills Road, with frontage on both Highway 404 and Woodbine Avenue, in the 404 North Planning District, as shown in Figure 1. The western portion of the site is rectangular with a 30 metre wide strip extending east to Woodbine Avenue.

Across the northern edge of the subject property, running in an east-west direction, is a Trans Canada Pipeline easement. There is an Ontario Hydro Corridor easement running in a roughly north/south direction across the 30 metre wide strip, just west of Woodbine Avenue.

Adjoining the property to the south and east, across Woodbine Avenue are agricultural lands. To the west, across Highway 404, are lands within the Town of Richmond Hill designated Rural Residential and Open Space and planned for Medium Density Residential. To the north is Fletcher’s Field Rugby Stadium and lands presently being used for open storage.

Proposal for an industrial/office building

The applicant has submitted a by-law amendment application to permit the construction of an industrial building, including an integrated corporate head office as well as research and development facilities. The building is approximately 51,400 m² (553,283 ft²) and comprises approximately 34,700 m² (373,519 ft²) of one storey industrial uses and 16,700 m² (179,763 ft²) of six storey office space.

Official Plan and Zoning

The Highway 404 North Planning District Secondary Plan (OPA 149) was adopted by Council in April 2006, and approved in part, save and except for the lands and policies that are subject to appeal by the landowners of 2705 19^th Avenue. The approved portion of the amendment came into force on October 19, 2006.

The Highway 404 North Planning District Secondary Plan designates most of the subject lands “Business Park Area” except for a 30 metre wide strip of land, proposed to be used for a temporary access to Woodbine Avenue, which is designated Business Corridor and Transportation and Utilities.

The Business Park Area category applies to office/industrial business parks characterized by development displaying high design standards including corporate head offices and research facilities. The visual attractiveness and consistent image of such areas is of prime importance.

Uses provided for within the Business Park Area designation include light industrial, research, training, office and other similar uses consistent with the planned function and policies of the category of designation.

The proposed industrial and office building complies with the planned function of the Business Park Area category.

The lands are zoned Agriculture One (A1) and Rural Residential Four (RR4), by By-law 304-87. A by-law amendment is required to permit the development.

Studies required

The Secondary Plan provides for the preparation for approval by the Town of a number of studies, reports and plans that will be used to determine in greater detail the necessary requirements and controls to permit development to proceed within the Planning District.

The following macro studies shall be completed on a comprehensive basis addressing the entire Planning District, prior to any development by plans of subdivision:

· Traffic Impact Assessment

· Environmental Management Study

· Master Servicing Study

· Community Design Plan

· Open Space Master Plan

· Streetscape Design Study

The subject property is an existing parcel with frontage on Woodbine Avenue, and does not require any land division by subdivision or consent in order to proceed to site plan approval for the proposal.

While the above noted macro studies are being initiated by area landowners, they may not be fully complete prior to zoning and site plan approval of this proposal. The applicant is undertaking a number of studies and submissions specific to the proposal in the context of the overall Secondary Plan. These address broad issues related to the road network, sewer and water servicing, outlining at an early stage of the approval process how road access and services can be provided to the site.

Should Council approve this zoning amendment application a Hold provision will be appended to the proposed zoning. The Hold provision will not be removed until the required studies have been submitted to the satisfaction of the Town.

The following studies are required relating to site plan approval and Hold (H) removal for the proposed development:

Site specific Traffic Impact Study
Well Monitoring Program
Functional Servicing Report
Stormwater Management Report
Phase 1 Environmental Assessment
Noise and Vibration Report
Tree Inventory and Conservation Plan
Archaeological Assessment

Temporary access to Woodbine Avenue

The applicant is proposing to use the 30 metre wide parcel (Parcel B and C, Figure 4) as an interim access to Woodbine Avenue until the permanent access through the new road network can be constructed. The permanent access will be from a north-south collector road which will be extended south to intersect with the extension of the Woodbine By-pass (Figure 5).

To ensure that the collector road (to be used for the permanent access) is constructed, a Holding (H) provision will be appended to the proposed zoning (Appendix ‘A’) requiring the applicant to enter into a development agreement. The development agreement will specify a time line for the completion of the road construction and ensure the applicant constructs and pays for the Major Collector road and a portion of the Woodbine By-pass.

The applicant is currently negotiating a developers group agreement with other owners in the Secondary Plan area to ensure that all affected property owners contribute equitably towards the provision of community and infrastructure facilities, such as parks, enhancement and restoration of natural features, roads, internal and external services and stormwater management facilities.

North-south industrial collector road not provided

The conceptual site plan does not include a north-south industrial collector road that is conceptually shown in the Secondary Plan running roughly through the middle of the property (Figure 5). This will not preclude the development of, or access to, the subject property or any other property in the Secondary Plan area. As shown in Figure 5, adequate access can still be provided by the remaining planned road network. The properties to the north and south of the subject lands will have access and road frontage via the industrial collector and major collector roads to the north, south and east of the subject property.

A traffic impact study is required to determine the traffic impact of the proposed development and the feasible and practical means available to accommodate traffic from the proposed development. It will outline the modifications to the road pattern (as shown in the Secondary Plan) to access the subject property and future development of the adjacent properties.

In addition, the traffic study will address appropriate protection for a possible future ‘fly over’ of Highway 404 as identified as a requirement of the Secondary Plan.

Trans Canada Pipeline

TransCanada Pipelines Limited (TCPLL) operates three high-pressure natural gas pipelines within its right-of-way adjacent to the north property line. The applicant is required to demonstrate that requirements of TCPLL have been, or will be, met prior to development approval by the Town. TCPLL is regulated by the National Energy Board which, in addition to TCPLL, has a number of requirements regulating development in proximity to the pipelines. This includes approval requirements for activities on or within 30 metres of the right-of-way.

A setback of at least 7 metres shall be maintained from the limits of the pipeline right-of-way for all permanent structures and excavations. A reduction of the setback will only be considered if it is demonstrated, to the satisfaction of TCPLL, that the structure or work will not compromise the safety and integrity of the pipeline.

All crossings of TransCanada’s right-of-way by roads, access ramps, trails or pathways, and above or below ground services and utilities, must have TransCanada’s authorization. The future east-west industrial collector road conceptually shown in the Secondary Plan at the north end of the subject property, will require the approval of TCPLL.

Hydro One Network approval required

The Hydro Electric Power Corridor crosses the 30 metre wide temporary access to Woodbine Avenue. Approval by Hydro One Network is required for the proposed temporary access across the Hydro corridor.

Servicing proposed to come from the Cathedral Community

The necessary municipal water and sanitary sewers are proposed to be provided to the subject property according to the requirements and policies of the Secondary Plan. These services are to be extended from the Cathedral Community, located south of the Highway 404 North Planning District.

Should this development require the use of interim servicing measures prior to the completion of the construction of municipal services to the site, appropriate technical and engineering submissions will be made to detail the proposed interim systems and to protect for and accommodate the ultimate servicing schemes as contemplated by the Secondary Plan.

Hedgerow needs to be evaluated prior to site plan approval

A hedgerow of trees is located on the western portion of the subject property. This hedgerow is not identified for preservation in the Secondary Plan. However, prior to site plan approval, the applicant will be required to prepare a tree inventory and preservation plan to evaluate the significance of the hedgerow.

FINANCIAL TEMPLATE (external link):

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

Tree inventory and preservation plan is required.

ACCESSIBILITY CONSIDERATIONS:

None.

ENGAGE 21^ST CONSIDERATIONS:

Economic Development

Approval of the proposed rezoning is consistent with a key goal set out in “Engage 21^st Century Markham” with respect to Economic Development. The proposal, which will result in the completion of an industrial/office development, establishes, promotes and supports Markham as the best location for diverse high-tech and related businesses.

Industrial development plays a key role in achieving many of the economic development objectives set out by the Town. These include the expansion and diversification of the Town’s economic base and the maintenance of the fiscal health of the community through the development of non-residential lands.

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to all relevant agencies and departments. Their comments will be incorporated into the review process as required.

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