Report to: Development Services Committee                              Report Date: January 15, 2008

 

 

SUBJECT:                          RECOMMENDATION REPORT

                                            Updated Cornell Secondary Plan

                                            (OP 06-114028)

 

PREPARED BY:               Marg Wouters, Senior Project Coordinator, Policy & Growth Management

 

 

RECOMMENDATION:

That the Official Plan amendment including the updated Cornell Secondary Plan (OP 06-114028), attached as Appendix ‘A’ be finalized and adopted, and forwarded to the Region of York for approval;`

 

That the Region of York be requested to amend the York Region Official Plan to incorporate lands east of Donald Cousens Parkway, identified as a ‘Deferral Area’ in the updated Cornell Secondary Plan, into the Region’s urban settlement area; 

 

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

 

EXECUTIVE SUMMARY:

The purpose of this report is to recommend adoption of the new Cornell Secondary Plan.    This recommendation is the culmination of an extensive review of the 1994 Cornell Secondary Plan, and included extensive consultation with the community, property owners and developers.

 

A first draft of the updated Secondary Plan was released in March, 2006, followed by the statutory Public Meeting in June, 2006, and a revised draft Secondary Plan in April, 2007.   At the request of Council, additional information with respect to transportation,

principles of new urbanism, parks and open space, the provincial Growth Plan, and a Town-wide employment lands strategy was provided through Part A presentations.  In June, 2007, the Cornell Master Parks Agreement between the Town and the Landowners Group was finalized and executed, and Council approved an Official Plan Amendment (OPA 166) for lands within Cornell Centre on the south side of Highway 7, which was consistent with the draft Secondary Plan.     

 

A small number of changes are proposed to the April, 2007 draft of the Secondary Plan in response to comments submitted by agencies and landowners, and to ensure consistency with the policies of OPA 166, which is currently being considered for approval by the Region of York.

 

The Official Plan Amendment accompanying the Secondary Plan proposes to amend the Town’s Urban Service Area to include employment lands east of Donald Cousens Parkway, identified as ‘Deferral Area’ on the Secondary Plan schedules.  Through the recommendations to this report, the Region will be requested to amend the York Region Official Plan to include the lands within the urban settlement area, as part of the Region’s Growth Plan conformity exercise.  Town staff are in discussions with the Region, TRCA and Rouge Alliance in regard to land use and sustainability criteria and interface relationship to the Rouge Park for the provincially owned lands east of Reesor Road, between Highway 7 and Highway 407, and will report further to Council through the Regional approval process.

 

Staff recommend that the Cornell Secondary Plan contained within the Official Plan Amendment attached as Appendix ‘A’ be finalized and approved, and forwarded to the Region of York for approval.   Upon approval of the Secondary Plan, a number of implementation studies, including an update to the Phasing Plan and a Sustainable Development Strategy, will be initiated.

 

1. Purpose                     2. Background                      3. Discussion                        4. Financial        

 

5. Others (Environmental, Accessibility, Engage 21st, Affected Units)             6. Attachment(s)

 

PURPOSE:

The purpose of this report is to recommend approval of an Official Plan Amendment to update the Secondary Plan for the Cornell Planning District.

 

 

BACKGROUND:

Proposed updated Secondary Plan the result of an extensive review process

The updated Cornell Secondary Plan, attached as Appendix ‘A’, has been the subject of an extensive review process.   The review has involved numerous presentations to Council, and extensive consultation with landowners and residents through workshops, open houses, staff reports and presentations, as well as the establishment of an Advisory Group consisting of residents, agencies, developer representatives and members of Council.

 

A first draft of the updated Secondary Plan was released in March, 2006, followed by the statutory Public Meeting in June, 2006, and a revised draft Secondary Plan in April, 2007.  

 

Further information provided at the request of Council

Council requested additional information on a number of matters at the April 10, 2007 and April 17, 2007 Development Services Committee meetings, when the revised draft Secondary Plan and accompanying staff report were considered.  These matters included: the continuing relevance of the principles of new urbanism, the transportation study undertaken in support of the Secondary Plan, parks and open spaces, the provincial Growth Plan, and a Town-wide employment lands strategy.  Staff have since provided additional information and detail on all of these topics in the form of Part A presentations.

 

Committee also requested confirmation that development in Cornell Centre would count towards the Province’s intensification target, and that staff report back on the feasibility of placing holding provisions on future development until appropriate infrastructure is in place.  These issues are addressed in ‘Next Steps’ below.

 

 

Cornell Master Parks Agreement executed

As part of the Secondary Plan review, staff worked with the Cornell Landowners Group on a Master Parks Agreement, which includes an updated Open Space Master Plan. 

A draft Master Parks Agreement was endorsed by Council in May, 2006 and presented to the Cornell Advisory Group.  The Cornell Master Parks Agreement between the Town and the Landowners Group was finalized and executed in June, 2007.     

  

Amendment to existing Cornell Secondary Plan approved by Council for lands south of Highway 7, including the Cornell Centre mixed-use retail centre

In June, 2007, Council approved an Official Plan Amendment (OPA 166) to the 1994 Secondary Plan, for certain lands on the south side of Highway 7 owned by Lindvest Properties Ltd.  The lands are the first phase of a larger plan of subdivision for the remainder of the lands south of Highway 7, west of the Donald Cousens Parkway.  The first phase approval included residential blocks, a school block, the Cornell Centre mixed- use retail centre block, and two employment blocks fronting Highway 7, one of which will accommodate the planned VIVA terminal.  The OPA is currently being considered for approval by the Region of York.  

 

 

OPTIONS/ DISCUSSION:

Comments regarding the April 2007 revised draft Secondary Plan have been addressed

The April, 2007 revised draft Secondary Plan was well received.   Comments received were mainly from major landowners, and in some cases, are a reiteration of issues raised with the first (March, 2006) draft Secondary Plan.  The comments and corresponding proposed revisions to the Secondary Plan are provided below. 

 

Toronto Region Conservation Authority

In response to TRCA and staff comments, hydrological features such as groundwater are proposed to be included in Section 9.2, as features to be considered in the Environmental Management Study.   

 

Pedestrian connections to the Rouge Park from the activity linkages within the Cornell Community are proposed to be shown on Appendix Map 1 – Greenway System to the Official Plan.  These connections are consistent with connections shown in the Rouge Park Management Plan.  The connections that form part of the ‘greenspace corridors’ in the Secondary Plan are also shown as road side green links on Schedule ‘BB’ – Community Structure.   

 

Discussions involving Town staff, the TRCA, Rouge Park Alliance, and the Region are ongoing regarding the appropriate use of the provincially owned lands east of Reesor Road between Highway 7 and Highway 407.  These lands are designated Business Park Area in the draft Secondary Plan and are part of the lands identified as Deferral Area in the Secondary Plan, as they are currently outside the Town and Region urban boundaries.   It is recommended that any proposed changes to Secondary Plan policies arising from these discussions be incorporated into the updated Secondary Plan as a modification, as part of the Region’s approval process.   

 

Markham Stouffville Hospital

Markham Stouffville Hospital is in the process of reviewing the Master Plan which formed the basis of the expanded Institutional designation in the updated Secondary Plan.  The Hospital has requested that sufficient flexibility be included in the built form policies to allow for increased heights and density in the Institutional lands south of Church Street.  The Hospital has also reiterated concerns with the proposed widening and addition of a bicycle lane on Church Street.

 

The Secondary Plan currently proposes a maximum height of 6 storeys for the majority of the lands within the Institutional designation south of Church Street.  Preliminary concept plans show the majority of the buildings complying with the 6 storey height limit, with components of certain buildings reaching 10 storeys.    Staff maintain that the 6 storey height limit is appropriate as a general rule for the Hospital lands, but recommend that a policy be added providing for consideration of additional height, in the order of 10 storeys, for limited components of hospital-related buildings within the interior of the Institutional designation south of Church Street, as part of the approval of a development application [Section 6.7.2 b) iv)]. 

Staff also maintain that the maximum Floor Space Index provisions (0.75 FSI) for the Institutional lands south of Church Street are appropriate, but propose that the policy be revised to clarify that individual parcels within the Development Block south of Church Street may individually achieve more than the maximum FSI, provided the maximum is not exceeded over the entire Development Block [Section 6.7.2 b) i)].

With respect to the proposed on-road bicycle facility on Church Street, the Cycling Master Plan is being finalized and will be presented to Development Services Committee in early 2008.  Staff maintain that a bicycle lane on Church Street is appropriate, providing a continuation of the lane on Church Street west of 9th Line.   In addition, although Church Street is the current entrance to the Hospital campus, the access may change as a result of the Hospital’s Master Plan exercise.  The bicycle routes on Schedule ‘DD’ – Transportation are conceptual and can be revised without amendment to this Plan to be consistent with the final Cycling Master Plan approved by Council. 

 

Although not requested specifically by the Hospital, retirement home facilities are proposed to be added to the list of permitted uses in the Institutional designation [Section 6.7.2 a)].   Retirement home facilities include residential uses that are part of the continuum of care for seniors, but do not include a significant health care component (e.g., rental residential units with common dining facilities).    In addition, the provision for ancillary uses within the community centre and health care campus is proposed to be expanded to allow for a greater range of uses related to the primary uses within the campus [(Section 6.7.2 a)].    

 

 

 

Lands south of Markham Stouffville Hospital

Recently, discussions have been held with the new owners of lands north of Highway 7 between 9th Line and Bur Oak Avenue, regarding the development of a comprehensive health and wellness community.   The lands lie between the Markham Stouffville Hospital and Highway 7, and are designated in the updated Secondary Plan for medium and high density residential uses, with provisions for mixed-use residential buildings along Highway 7.  Although an application has not yet been filed, staff are open to consider uses related to health and wellness on these lands as part of a comprehensive development, subject to the built form principles (density and height, among other things) outlined in the Secondary Plan for this area, the appropriate supporting studies, and community input by means of a design exercise.  A policy to this effect is proposed to be included in the Secondary Plan [Section 6.2.1 e)].

 

Litvack property at the northeast corner of 9th Line and Highway 7

The owners of the lands at the northeast corner of 9th Line and Highway 7 have repeated their request for more height along 9th Line, and particularly at the immediate intersection to allow for a signature building at the corner.  In addition, the owners have requested that offices be permitted as a primary use for all lands adjacent to the north property line and that the automotive service station permission be reinstated at the intersection.

 

Staff maintain that the 3 storey height limit immediately adjacent to 9th Line is appropriate, given the existing low density residential neighbourhoods on the west side of 9th Line, and that the 5 storey height permission at the immediate northeast corner is sufficient to provide a signature gateway building.  Staff also maintain that the existing service station permission at the corner is no longer appropriate at this important entrance to Cornell Centre.

 

Staff, however, agree that the minor changes to the policies prescribing the height limit along 9th Line are appropriate to attain the desired built form and to recognize the height differential between residential and non-residential built form.  It is therefore proposed that the maximum 3 storey height limit along 9th Line apply within 30m of 9th Line rather than 40m, to reflect standard building floorplates, and that the policies recognize that a 3  storey height limit for non-residential buildings is equivalent to a 4 storey height limit for residential buildings.

 

Staff also agree with adding office and retail permissions on the ground floor of all residential buildings adjacent to the hospital and community centre campus, although not as a primary use.  The updated Secondary Plan already provides for offices as a primary use on lands adjacent to 9th Line through a site specific policy.   It is therefore proposed that the current policy providing for office and retail uses on the ground floor of residential buildings, apply to all of the lands adjacent to the hospital and community centre campus within the Residential Neighbourhood – Cornell Centre designation [Section 6.2.4.1 b)].

 

 

 

Cornell Rouge Development Corporation

Cornell Rouge Development Corporation, owner of lands east of Cornell Centre Boulevard, questions the feasibility of the Automobile Service Centre designation within the employment lands north of Highway 7, given perceived access limitations arising from the proximity to Donald Cousens Parkway, heritage buildings and associated vegetation.   Both of the Automotive Service Centre designations in the employment areas were identified as appropriate locations for automobile service uses because of their proximity to the Donald Cousens Parkway, and the potential for signalized intersections with local or collector roads providing access to the sites.  In addition, the irregular configuration of the two designations makes these locations more suitable for small scale automotive-related uses than for the large scale employment uses envisaged in the Business Park Area designation.

 

Staff are of the opinion that the location of the heritage buildings and associated vegetation in the vicinity of the designation north of Highway 7, will not preclude a road connection between Donald Cousens Parkway and Reesor Road to provide local access to the site.   Staff are also of the opinion that no additional Business Corridor Area or Business Park Area uses should be permitted on the Automobile Service Centre designations, in order to discourage future requests for automobile service stations in less appropriate areas within Cornell Centre (i.e., along Highway 7) if the designated areas are developed for other uses. 

 

Lands at northwest corner of Highway 7 and Cornell Centre Boulevard (Macwood/Springhill Homes)

The owners of lands at the northwest corner of Highway 7 and Cornell Centre Boulevard have requested more flexibility with respect to the minimum density and minimum grade-related retail requirements, and the location of parking, as long as the built form intent is achieved.  They also request that grade-related street townhouses be added as a permitted use in Cornell Centre, and the addition of a policy regarding cost-sharing agreements and servicing allocation which would allow small landowners to receive more than the pro-rata share of servicing allocation.

 

Staff maintain that the minimum floor space index requirements in the Secondary Plan are appropriate and can be achieved over a Development Block.  Staff also maintain that street townhouses do not achieve the densities required to support the proposed rapid transit service along Highway 7 and therefore are not an appropriate use in Cornell Centre.  With respect to the cost-sharing agreement and servicing allocation, the Town has no involvement in developers group cost-sharing agreements, but can influence servicing allocation assignments through the assignment of allocation to specific areas of the Town on specific projects that provide a benefit, according to Council approved priorities.

 

Based on site plan submissions for apartment buildings along Highway 7 (Lindvest Properties and Macwood/Springhill), staff agree that the minimum 75% grade-related commercial uses requirement may not provide sufficient flexibility and propose that the policy be revised, as approved in OPA 166 (Lindvest Properties) to identify a 75% target, but to require at minimum 55% of the ground floor GFA to be non-residential uses.

 

 

Changes resulting from approval of OPA 166 (Lindvest Properties)

As previously indicated, in order to proceed with the first phase of development on the Lindvest lands south of Highway 7, Council in June, 2007 approved an amendment to the existing (1994) Cornell Secondary Plan.  The amendment was drafted to be consistent with the revised draft Secondary Plan.  The land use policies in OPA 166 are consistent with the policies of the April 2007 revised draft Secondary Plan except for the following:

 

  • Policies in OPA 166 permit the phased development of the mixed-use retail centre south of Avenue Seven

A phased approach to development of the mixed-use retail centre was approved on the basis of a short and long term plan for the mixed-use centre, as presented to Development Services Committee in February 2007.  The first phase of development, defined as the first site plan approval within the designation, is not required to meet the minimum height and floor space index requirements of the Secondary Plan.  Endorsement of the first site plan application was given by Council in June, 2007.  Development or redevelopment subsequent to the first site plan approval within the designation would be subject to the minimum height and floor space index requirements.  The policies in Section 6.3.4.2 b) in the Secondary Plan have been revised to reflect this approach as approved in OPA 166.

 

  • Policies in OPA 166 provide more flexibility with respect to the amount of non-residential uses required to be provided on the ground floor of residential buildings.

Through the review of the Lindvest site plan application, it was determined that more flexibility was appropriate with respect to the restrictions on residential uses on the ground floor of non-residential buildings.   For example, the proposed apartment building at the southeast corner of Avenue Seven and Bur Oak Avenue contains non-residential floor space along the entire length of the Avenue Seven frontage, but does not meet the required 75% of ground floor gross floor area in the revised draft Secondary Plan.  

The policy has been revised to indicate a target (75%) for non-residential uses on the ground floor, as well as an absolute minimum (55%).   Revised policies to this effect have been included in all designations with requirements for non-residential uses on the ground floor of buildings.  

 

Additional minor wording and policy changes proposed

A number of minor policy revisions are proposed as:

  • Additional permitted uses have been included for the heritage buildings within the employment designations to encourage the preservation of these buildings in their current locations.  The additional permitted uses include restaurants, entertainment uses, and health and fitness recreational uses within the heritage buildings [Section 6.4.3.2 b)].  

 

  • Reduction of height minimum within the Community Amenity Area – Cornell North Centre designation to 3 storeys for lands south of 16th Avenue.  Staff have agreed to this revision after coming to agreement with Mattamy and Cornell Rouge regarding conceptual site plans and elevations for 3 storey townhouse buildings at this corner [Section 6.3.5.1 i) and Figure 6.3.5].

 

  • Changes to parks and open space policies to reflect the Cornell Master Parks Agreement.

 

  • Changes to the transportation policies to reflect completed improvements and revised alignments (e.g., Donald Cousens Parkway, and Bur Oak Avenue).

 

In addition, revisions have been made to clarify or update certain terms and policies and to correct typographical and grammatical errors.  Highway 7 continues to be referred to as ‘Avenue Seven’ in the Secondary Plan, pending a name change decision by the Region of York. 

 

A number of outstanding issues identified in the April 2007 staff report have been addressed

The following issues were identified in the April, 2007 staff report as requiring resolution prior to the Secondary Plan being approved by Council:

  • non lane-based housing
  • request for street townhouses as a permitted use in Cornell Centre
  • finalizing school and parks symbols on Cornell Rouge lands

 

Non lane-based housing policies still under consideration

Proposed policies to provide for non lane-based housing were considered by Development Services Committee on October 16, 2007.   A statutory public meeting to consider these policies will be scheduled once staff are satisfied that a local road with sidewalks on both sides of the street can be developed at a width that is consistent with existing development in Cornell and the new urbanism principles on which Cornell is based.  It is intended that, if timing permits, the proposed policies, if approved, be incorporated into the updated Secondary Plan as a modification, as part of the Region’s approval process.   

 

Grade-related townhouses not considered to be appropriate within Cornell Centre
As outlined above, staff maintain that street townhouses are not an appropriate residential use within Cornell Centre as they do not provide sufficient density to support the planned rapid transit service along Avenue Seven, or contribute an appropriate built form for Cornell Centre.

 

 

 

Finalizing school and park symbols

The locations of Neighbourhood Parks on Schedule ‘AA’ – Detailed Land Use have been revised to be consistent with the Open Space Master Plan attached to the executed Cornell Master Parks Agreement.    The relocation of two elementary school sites (one public and one Catholic) within the Cornell Rouge lands east of the Community Park as shown in the Open Space Master Plan, have not yet been confirmed with the school boards, and therefore have not been revised on Schedule ‘AA’ to the Secondary Plan.  If acceptable to the School Boards and the Town, staff will request that the Region modify the land use schedule prior to Regional approval of the Secondary Plan.

 

Inclusion of Deferral Area within the urban settlement area through Regional Official Plan Amendment

Employment lands east of Donald Cousens Parkway are identified as ‘Deferral Area’ on the Secondary Plan schedules, as they are not currently within the Town’s Urban Service Area or the Region of York’s urban settlement area.   The Official Plan Amendment accompanying the Secondary plan proposes to amend the Town’s Urban Service Area to include these lands.  Through the recommendations to this report, the Region will be requested to amend the York Region Official Plan to include the lands within the urban settlement area.   This will likely be undertaken as part of the Region’s Growth Plan conformity exercise (Planning for Tomorrow) which will result in a Regional Official Plan amendment.

 

Town staff are in discussions with the Region, TRCA and Rouge Alliance in regard to land use and sustainability criteria and interface relationship to the Rouge Park for the portion of the Deferral Area east of Reesor Road, and will report further to Council through the Regional approval process.

 
Recommendation to adopt the updated Cornell Secondary Plan

It is recommended that the Official Plan amendment including the updated Cornell Secondary Plan, attached as Appendix ‘A’, be finalized and adopted, and forwarded to the Region of York for approval, and that the Region of York be requested to amend the York Region Official Plan to incorporate all lands within the Cornell Secondary Plan area into the Region’s urban boundary. 

 
 
NEXT STEPS

The Secondary Plan identifies a number of studies to be completed to implement the Secondary Plan, including updates to the Environmental Management Plan, Master Servicing Study, Traffic Impact Assessment, Community Design Plan and Development Phasing Plan.   A Transportation Study for the Secondary Plan area has been completed. and a Community Design Plan and Master Servicing Study, including an Environmental Management Plan update, are currently underway.  An update to the Development Phasing Plan will be undertaken by the Cornell Landowners Group, upon completion of the Master Servicing Study.   The Phasing Plan will identify the amount of development that can be supported with the various stages of the proposed rapid transit system along Avenue Seven. 

 

In addition to these studies, the Secondary Plan provides for a number of implementation studies including a Sustainable Development Strategy, Parking Strategy and Financial Strategy and Plan.  In addition, staff are contemplating pre-zoning the Cornell Centre lands.  These studies will be initiated once the Secondary Plan is approved.  Staff continue to work with the Province with respect to identifying Cornell Centre as being within the province’s ‘built boundary’, so that development in Cornell Centre will considered as contributing to the Province’s 40% intensification target.  

 

 

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable.

 

 

ENVIRONMENTAL CONSIDERATIONS:

Additional policies regarding groundwater studies and interface with the Rouge Park are proposed.

 

 

ACCESSIBILITY CONSIDERATIONS:

Not applicable.

 

 

ENGAGE 21ST CONSIDERATIONS:

The proposed development will assist with the implementation of the following key Town of Markham Corporate Goals: Managed Growth, Quality Community, Economic Development and Infrastructure Management.

 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The comments of relevant departments and external agencies have been considered in the Official Plan amendment.

 

 

RECOMMENDED

                            BY:    ________________________       ________________________

                                      Valerie Shuttleworth                                        Jim Baird

                                                  Director of Planning & Urban Design              Commissioner of Development Services

 

 

ATTACHMENTS:

Appendix ‘A’ - Official Plan Amendment

 

 

 

Q:\Development\Planning\Teams\NEW EAST TEAM\CORNELL\Cornell SP Final Report 15jan08.doc