RECOMMENDATION:
THAT
the report entitled “Applications by 1107656 Ontario Inc. for:
a) Official
Plan and Zoning By-law Amendments to permit 1,800 dwelling units, a new 2.2
hectare (5.4 acre) park, and 285,000 sq.ft. of commercial floor area on Blocks
45, 46, 49, and 50 Registered Plan 65M-3226 (Files OP 03 116476 and ZA 03
116428); and
b) Zoning
By-law Amendment to permit at-grade residential in apartment buildings fronting
onto Saddlecreek Drive, South Park Road, and proposed townhouse blocks fronting
Times Avenue south of Galleria Parkway; in the Leitchcroft Planning District,
(File ZA 03 116428)”
be received;
THAT the applications for Official Plan and Zoning By-law Amendments to
permit 1,800 residential units, a new 2.2 hectare (5.4 acre) park and 285,000
sq.ft. of commercial floor area on Blocks 45, 46, 49 and 50, Registered Plan
65M-3226 (Files OP 03 116476 and ZA 03 116428), be refused on the basis that they do not comply with the
policies of the Leitchcroft Secondary Plan which envision a mixed use,
live-work community in this Planning District, and that the proposed retail
plaza and banquet hall at the western end of the site are premature and do not
comply with the policies of the Parkway Belt West Plan and the Minister’s
Zoning Order, in effect on those sites;
AND THAT the application for a Zoning By-law Amendment to permit at-grade
residential in apartment buildings fronting onto Saddlecreek Drive and South
Park Road be refused on the basis
that the loss of a mixed use transition zone along these frontages would weaken
the long-term viability of the employment lands to the west and south (File ZA
03 116428).
EXECUTIVE SUMMARY:
·
The applicant is proposing a number of changes to the
Leitchcroft Secondary Plan and the implementing zoning by-law, as follows:
·
redesignating the remaining vacant lands (intended for
employment uses) in the Leitchcroft Planning District for medium and high
density residential uses;
·
developing a community-scaled shopping centre at the
extreme western end of the district, on lands currently reserved for a future
transitway;
·
deleting zoning requirements for an at-grade
commercial “transition zone” along the east side of Saddlecreek Drive and the
north side of South Park Road between Saddlecreek Drive and Times Avenue;
·
proposing a new park location between South
Park Road and Highway 407.
·
a small office and mixed use area is
proposed to be retained along the Highway 7 frontage between South Park Road
and Saddlecreek Drive.
·
This proposal is the latest in a long series of
Official Plan and Zoning By-law Amendment applications that would have the
effect of transforming the Leitchcroft Planning District from its original
intent as a mixed-use live-work district, into primarily a high density
residential neighbourhood.
·
Staff do not support the proposed redesignation and
zoning amendments, for the following reasons:
·
The proposed redesignation
from employment uses to residential uses is not supported by the objectives and
policies of the York Region Official Plan and the Town of Markham Official
Plan;
·
The proposed development
does not conform to the intent of the Leitchcroft Secondary Plan to promote the
development of the Leitchcroft Planning District as a balanced, mixed use, live
work community with a strong component of employment lands;
·
The proposed retail plaza
and stand-alone banquet centre at the west end of the site do not comply with
the policies of the Parkway Belt West Plan and the Minister’s Zoning Order, or
the Town’s planning documents, and are premature given the Province’s plans to
develop a major transit facility on all or part of that site;
·
The proposed amendment to
the zoning by-law to permit at-grade residential along the east frontage of
Saddlecreek Drive and the north frontage of South Park Road (between
Saddlecreek Drive and Times Avenue) would eliminate a planned transition zone
between the residential uses to the east and the planned employment uses to the
south and west;
·
The proposed new park location, south of South Park
Road between Saddlecreek Drive and Times Avenue, would remove a key parcel from
the employment land base in this area; and unnecessarily partition the
remaining employment lands in this area;
·
The proposed redesignation from employment uses to
residential is inappropriate, given the significant shortage of vacant
employment land in the Town of Markham.
PURPOSE:
The
purpose of this report is to provide a detailed review, assessment and
recommendations regarding the above-noted applications for Official Plan and
Zoning By-law Amendments submitted by 1107656 Ontario Inc.
BACKGROUND:
Area Context
The lands
subject to the application comprise the majority of the remaining vacant lands
in the Leitchcroft (“Times Galleria”) Planning District. The subject lands are generally bounded by
Highway 7 to the north, a 10 metre setback from the top of bank of the German
Mills Creek to the west, Highway 407 to the south and Times Avenue to the
east. In addition, a narrower strip of
land between South Park Road and Highway 407, extending eastward from Times
Avenue to the Staybridge Suites Hotel (immediately south of Park Common
Boulevard) is also subject to the applications.
These lands
incorporate an area of approximately 19 net hectares (excluding roads, buffer
blocks and valleylands). The subject
lands are generally flat, with no significant natural vegetation or drainage
features. Surrounding uses include
medium and high density residential east of Times Avenue, open space and
parkway belt lands south of Highway 407, a mix of retail and office uses
fronting the north side of Highway 7, with a predominantly low density
residential neighbourhood to the north.
History
of Development Applications
The following
table provides an overall summary of development applications submitted since
2001, and applying to the lands west of Times Avenue in the Leitchcroft
Planning District. In the original
concept plan (approved in 1996), the lands east of Times Avenue were designated
to incorporate 1,000 medium and high density residential units, while the lands
west of Times Avenue were intended for mixed commercial and entertainment uses
(see Figure 7). The residential units
east of Times Avenue have now been built out.
TABLE 1 – CHRONOLOGY OF
DEVELOPMENT APPLICATIONS
|
Application
|
Date
|
Description
|
Result
|
|
OPA
and ZBA – remaining vacant lands in Leitchcroft Community
|
Feb.
2001
|
· Proposed
development: high rise apartments and
townhouses;
· Applied
to all vacant lands in Leitchcroft Planning District;
· Redesignation
and rezoning from Community Amenity Mixed Use, Business Corridor and Business
Park to High Density Residential
|
· Application
Revised (see below)
|
|
Revised
OPA and ZBA – Blocks 41, 42, 43, 44 only
|
June
2001 (revision of above application)
|
·
Applies to blocks
bounded by Times Avenue, Highway 7, Saddlecreek Drive, South Park Road;
·
Lands designated Community Amenity Area in Leitchcroft Secondary Plan;
permits residential and commercial uses;
·
Proposed
Development:
·
high rise apartments
and townhouses with mixed use transition zone along
Saddlecreek Drive, South Park Road
frontages, and part of Times Avenue; central neighbourhood park
space; office building at south east corner of Saddlecreek and Hwy 7;
·
Remaining vacant lands
to be retained for designated employment uses
|
· Applications
approved November 2001
|
|
Draft
Plan of Subdivision – Block 44
|
October
2001
|
·
Create 5 development
lots and central park site on block bounded by Hwy 7, Times Avenue, Galleria
Parkway and Saddlecreek Drive
|
· Draft
plan approved February 2002
· Subdivision
registered June 2002
|
|
Site
plan applications within subdivision plan
|
November
2001
|
·
425 unit apartment and
townhouse complex fronting Hwy 7 mid-way btwn Saddlecreek Drive and Times
Avenue
·
20 unit townhouse
development east side of new park
|
· Approved
February 2002
|
|
Site
plan applications within subdivision plan
|
May-
June 2002
|
·
5 storey office
building at s/e corner Hwy 7 and Saddlecreek Drive
·
2 high rise apartment
and townhouse developments on remaining sites
|
· Approved
March 2003
|
|
OPA
and ZBA – Blocks 41, 42, 43, 44 plus staff initiated amendments on Block 50
and part of Block 49 (proposed park);
and Block 45 (redesignation to BP)
|
August
2002
|
· OPA:
minor changes to water allocation policies; redesignation of BC area to BP
(staff initiated)
· ZBA: technical changes to zoning by-law;
deletion of requirement for at-grade commercial (mixed use
transitional zone) along Saddlecreek Drive, South Park Road and
part of Times Avenue; increase in zoning development cap from 650 to 1,300
units; identification of additional required park space (staff initiated);
rezoning of BC lands to BP (staff initiated).
|
· Technical
zoning changes approved by Council in Jan 2003;
· Increase
in zoning cap from 650 units to 715 units approved by Council in Jan 2003;
· Increase
in zoning cap to 1,300 units refused by Council in April 2003;
· Remainder
of OPA and ZBA (with Council-initiated revisions to proposed park location)
approved by Council in April 2003.
|
|
Appeal
of August 2002 applications to OMB
|
May
2003
|
·
Owner appealed
approval of OPA and ZBA to OMB due to disagreement over park location and
redesignation from BC to BP;
·
Council’s refusal to
increase zoning cap not appealed;
·
Owner also requested
Board to approve portion of ZBA permtting live-work units in transition zone
fronting Saddlecreek Drive and South Park Road
|
·
Appeal withdrawn by
owner
|
|
Town-initiated
ZBA
|
September
2003
|
·
Deletion of section in
ZBA that was appealed to the Board that allowed live-work units in the
transition zone.
|
·
Approved September
2003
|
|
Site
plan and zoning applications – Blocks 41, 42, 43
|
October
2003
|
·
358 units in 3
apartment buildings and 30 townhouse units (total 388 units) proposed on
blocks bounded by Saddlecreek Drive, South Park Road, Times and Galleria
Parkway;
·
request to delete
zoning requirement for at-grade retail along Saddlecreek Drive, South Park
Road and Times Avenue frontages of Blocks;
·
application to delete
requirement for at-grade retail is incorporated into subject application (see
below)
|
·
Premature due to lack
of water allocation; lack of policy for high-rise water allocation;
·
Report can be brought
forward and public meeting can be called when high-rise water allocation
policy is adopted.
|
|
Subject
OPA and ZBA application – remaining vacant lands
|
September
2003
|
·
OPA and ZBA to permit
residential on remaining employment lands;
·
ZBA to permit
residential at grade in transition zone;
·
ZBA to permit new park
location
|
|
Proposed
Development
The
applicant has prepared a comprehensive master plan to illustrate the proposed
development of the remaining vacant lands in the Leitchcroft Planning District
(see Figure 4). Key elements of this master
plan include:
·
Redesignation
of the majority of the remaining vacant lands in the Leitchcroft Planning
District (excluding the Highway 7 frontage between Saddlecreek Drive and South
Park Road and the parcel of land west of the north/south portion of Saddlecreek
Drive) to permit 1,800 additional residential units. Including existing residential permissions in
the Secondary Plan (the 1,000 units east of Times Avenue permitted by the
original Secondary Plan and the 1,300 units between Times Avenue and Saddlecreek
Drive permitted in 2001), the total residential development potential for the
Planning District as a whole would be 4,100 units as a result of this
application;
·
Relocation
of the proposed neighbourhood park, from the recently Council-approved location
on the north side of South Park Road and west side of Saddlecreek Drive, to a
location proposed by the applicant a year ago (and rejected by staff and
Council) on the south side of South Park Road, mid-way between Times Avenue and
Saddlecreek Drive. The proposed size of
this park is 2.2 ha (5.4 acres);
·
A
private elementary school and day care centre adjacent to the east and west
boundaries of the proposed park;
·
A
commercial centre along the Highway 7 frontage between Saddlecreek Drive and
South Park Road, consisting of 2 six-storey office buildings (50,000 sq. ft.
each) where South Park Road and Saddlecreek Drive intersect with Highway 7; a
two-storey commercial podium along the South Park Road frontage of one of the
office towers; and 2 four-storey “commercial” buildings along the remaining
Highway 7 frontage between the office buildings. The concept plan is not specific as to the
nature (office, retail, or some combination) of the proposed “commercial” uses
in these 4-storey buildings;
·
A
stand-alone banquet hall south of the intersection of the north/south and
east/west legs of South Park Road;
·
A
118,600 sq. ft. retail plaza on the west side of the site, consisting of a
variety of floor plates ranging between 56,000 sq. ft. for an anchor tenant, a
15,600 sq. ft. multiple tenant extension; three stand-alone pads of 5,000 sq.
ft. each and a convenience store/gas bar at the corner;
·
A
proposed extension of Galleria Parkway westward between Saddlecreek Drive and
the north/south portion of South Park Road.
York
Region Official Plan
The
York Region Official Plan contains a variety of policies that speak to the
importance of maintaining the Region’s employment base and creating an
environment that is conducive to economic growth and diversification. One of the Plan’s key economic development
objectives is: “To encourage and accommodate economic activities that
contribute to the diversity of the economic base, and to the cultural,
recreational and institutional opportunities within the Region, enhancing the Region
as a place to work, live and visit”. (Section 3.2)
This
objective is reflected in several key policies, including:
·
Working
with area municipalities to ensure that the physical needs of business are
addressed by ensuring that a diversity of zoned sites are available;
·
Employment
areas are well designed and have a high level of available amenities.
Furthermore,
the Plan also establishes, as an objective, the need “To create a range of
potential locations for economic uses across the Region that support economic
development”. (Section 3.3).
This
objective is reflected in several key policies, including:
·
A
commitment from both the Region and area municipalities, to monitor the
location, type and characteristics of business and the supply of serviced lands
for new business;
·
That
employment areas be planned to accommodate a variety of business uses such that
areas are transit-accessible; mixed-use areas are focused along centres and
corridors; and employment areas are compact.
Clearly,
the Regional Official Plan establishes the need for area municipalities to plan
for and provide a diverse range of employment lands in a variety of
locations. The plan also speaks to the
need for mixed use business areas along transit corridors, and the need for
both the Region and area municipalities to provide an adequate supply of
employment land to meet the diverse needs of new businesses. The loss of the subject lands for employment
uses, and the redesignation of the Leitchcroft Planning District into primarily
a residential area, would run counter to these policies.
Town
of Markham Official Plan
The
Town of Markham Official Plan speaks strongly to the need to create and
maintain a balance between residential and non-residential land uses in the
Town. Key objectives include:
·
Providing
for expansion and diversification of the Town’s economic base;
·
Controlling
the rate and type of growth to ensure that residents are not burdened by
excessive tax increases.
In the
section of the Plan that sets out industrial policies, key goals and objectives
include:
·
Planning
for a pattern of industrial development and commercial uses in industrial areas
that provides for a range of business activities at appropriate locations;
·
Anticipating
and accommodating emerging trends in the industrial and commercial sectors,
consistent with the Town’s goals and objectives for development.
Furthermore,
the Official Plan states that applications to amend the Plan to delete, change
or extend an assigned industrial land use category shall, as appropriate, have
regard for the following:
i)
the availability of
other designated lands to accommodate the uses proposed, and the effect of a
change in designation on the supply of land in the categories affected.
The
plan also states that Council may require an applicant to submit planning or
related studies to address any of these matters. In order to assist in the planning of new
urban areas, Council may undertake or require submission of studies to
determine the type, location, and extent of intended industrial land use
categories in order to ensure that Town objectives and requirements for
industrial land, and commercial uses in industrial areas, are adequately
served.
To date
the applicant has not provided such an analysis as part of the background
information in support of this application to convert employment land to
residential uses.
Provisions
of the Leitchcroft Secondary Plan
The
broad policies established by the York Region Official Plan and the Town of
Markham Official Plan are directly reflected in the policy structure of the
Leitchcroft Secondary Plan.
The
lands located west of Saddlecreek Drive and south of South Park Road (excluding
the westernmost parcel of the district located west of the north/south portion
of South Park Road) are designated Business Park by the Leitchcroft Secondary
Plan (OPA 41) (See Figure 5). The
Business Park designation on the block bounded by Saddlecreek Drive, Highway 7
and the two legs of South Park Road was redesignated from Business Corridor to
Business Park by Council in April 2003, to reconfirm the Town’s commitment to
the delivery of high quality, prestige employment uses on the designated
employment lands in the Leitchcroft Planning District (see chart above for more
details on the chronology of these decisions).
The
Business Park designation provides for a wide variety of prestige employment
uses, including light industrial, warehousing, research and development,
offices, finance and government institutional uses, and related uses. In addition, banquet halls may be permitted
through rezoning. Retail and restaurant
uses are permitted, provided that they are located within office buildings or
other primary uses permitted in the designation. In addition to these “standard” provisions
for the Business Park Area designation, set out in the Town of Markham Official
Plan, the Leitchcroft Secondary Plan contains a number of district-specific
land use policies for the BP designation, including provisions for:
·
Recreational
uses, parks, parking and transit facilities;
·
Sports,
health and fitness and recreational centres, as well as private and commercial
schools;
·
Entertainment
uses;
·
Retail,
service and night-clubs provided they are integrated as a component of a
building or a series of buildings devoted to office, hotel, entertainment,
sports or recreational uses and do not exceed 50% or more of the gross floor
area of the building;
The
lands west of the north/south leg of South Park Road are designated Business
Corridor (See Figure 5). In addition to
the policies of the Business Park designation, the Business Corridor
designation permits stand-alone retail uses provided that the floor plates of
individual stores do not exceed 6,000 m2 (approximately 65,000 sq.
ft.) and gas stations (by rezoning). In
addition to these “standard” provisions for the Business Corridor Area
designation, set out in the Town of Markham Official Plan, the Leitchcroft
Secondary Plan contains a number of district-specific land use policies for the
BC designation, including provisions for:
·
Recreational
uses, parks, parking and transit facilities;
·
Entertainment
uses;
·
Mixed
use centres with retail premises less than 300 m2, banquet halls and
night clubs.
Stand-alone
restaurants are not permitted in the Business Corridor Area designation in
either the Town of Markham Official Plan or the Leitchcroft Secondary Plan.
The
requested amendments to the Leitchcroft Secondary Plan (OPA 41) and the Town of
Markham Official Plan (Revised 1987) are required to permit the proposed
residential development of the subject lands, as well as the proposed retail
development west of South Park Road.
Existing
Zoning provisions
Zoning provisions in the
Leitchcroft Planning District are very site specific and are illustrated in
Figure 2. The following discussion
provides a brief overview of the key land provisions contained in By-law
177-96, as amended:
The block bounded by
Saddlecreek Drive and South Park Road (Block 45) is zoned Business Park Area
[BP*49*36(H)] and Open Space [OS1]. In
the Business Park Area zone applying to this site, retail uses are only
permitted within the first storey of an office building, hotel or trade and
convention centre and they may contain no outdoor storage. The OS1 Zone, to the south, is intended to serve
as a neighbourhood park. Comparing the
applicant’s proposal to current zoning, the proposed commercial development
along the Highway 7 frontage is permitted, provided retail and restaurant uses
are restricted to the ground floor of commercial buildings. The proposed residential development on the
remainder of the block is not permitted under current zoning.
The subject lands south of South Park Road (Blocks
50 and 49 Plan 65M-3226) are zoned Business Park [BP*45] and Business Park
[BP*33] respectively. In the BP*45 Zone,
private, public and commercial schools are permitted in addition to the
standard permitted uses of the BP Zone.
In the BP*33 Zone, a variety of commercial uses including entertainment
facilities, retail uses and restaurants are permitted in addition to the
standard permitted uses of this zone.
Residential uses, as proposed in the concept plan are not permitted.
The subject lands west of South Park Road are zoned Business Corridor
[BC*37 (H)] by by-law 177-96 as amended.
The following zoning requirements for retail uses apply:
·
Retail stores must be wholly contained within an
office building, hotel, trade or convention centres or a building containing
recreational establishments, places of amusement or theatres;
·
no more than 50% of the net floor area of any
building on the lands may be used for these uses at any one time;
·
the maximum permitted net floor area of all these
uses combined may not exceed 930 square metres.
·
the proposed gas bar is not permitted
A banquet hall is proposed on a site zoned Business
Park [BP*34]. This zone only permits
banquet halls as components of hotels or convention centres. The proposed stand-alone banquet hall is not
permitted.
On the
lands between Times Avenue and Saddlecreek Drive the zoning by-law establishes
a requirement for at-grade commercial along the east side of Saddlecreek Drive;
the north side of South Park Road between Saddlecreek Drive and Times Avenue;
and the west side of Times Avenue
between South Park Road and Galleria Parkway.
The applicant is requesting that the zoning by-law be amended to permit at-grade residential in apartment
buildings fronting onto Saddlecreek Drive, South Park Road, and the proposed
townhouse blocks fronting Times Avenue south of Galleria Parkway.
Provisions of the Parkway Belt West Plan and
the Minister’s Zoning Order
In addition to the Town’s Official Plan and Zoning
by-laws, the lands west of South Park Road, upon which the owner is proposing a
retail plaza and banquet hall, are also subject to the provisions of the
Parkway Belt West Plan and a Minister’s Zoning Order. Within these areas, uses are restricted to
existing uses; linear transportation, communication and utility facilities;
open space and buffers; and other public uses.
The Province’s intent is to protect these lands for a future parking lot
and station relating to the proposed Highway 407 transit way. The proposed retail plaza, gas bar and
banquet centre do not conform to the current Provincial planning policies in
effect on this block.
DISCUSSION:
Previous
applications, although approved, began a departure from the original mixed use
concept for the District
The
Leitchcroft Planning District was conceived from the outset as a mixed use,
live-work community, with a strong Business Park component. As set out in the September 1996 Recommendation
Report, relating to the draft Leitchcroft Secondary Plan:
“The
development concept for the Leitchcroft Farms property provides for a mixed use
development based on the following:
·
a
diversity of land use;
·
a
well-defined public realm;
·
a
development pattern that is supportive of pedestrian movement and bicycle and
transit use;
·
a
range of employment and commercial uses including a trade centre, entertainment
and recreation uses, retail, restaurant and service commercial uses;
·
a
range of higher density housing types including townhousing, stacked
townhousing and apartment units, both stand-alone and in mixed-use format;
·
integration
of the road pattern with that on adjacent lands; and,
·
preservation and
protection of the natural environment.”
In
order to provide for the development of a mixed use planning district, the
Secondary Plan identified three primary land use categories including:
·
Business
Park area – a prestige employment designation focused on the 407 corridor;
·
Business
Corridor area – also a prestige employment designation, with slightly more
permissive policies relating to retail, restaurant and service commercial uses,
focused on lands fronting Highway 7;
·
Community
Amenity Area – a mixed use designation providing for medium and high density
residential and commercial uses either on a stand alone basis or incorporated
into primarily residential buildings.
The
original development concept envisioned up to 1,000 medium and high density
dwellings east of Times Avenue, and some 2,000,000 square feet of
non-residential floor space west of Times Avenue.
In
order to implement the specifics of the original development concept, the
Secondary Plan contained a number of district-specific policies related to the
standard Business Park, Business Corridor and Community Amenity Area
designations. These policies allowed for
a somewhat wider range of commercial and non-traditional employment-related
uses. They were added solely to
accommodate the specifics of the original development plan for the site. As a result, these land use provisions were
intended to be applied in addition to
the standard employment uses set out in the Town of Markham Official Plan. If the original development concept proposing
a non-traditional mix of commercial and entertainment uses proved not to be
feasible, the secondary plan provided for more traditional employment uses on
the designated Business Corridor and Business Park lands in the Leitchcroft
District.
As
noted in Table 1, the Town approved an Official Plan and Zoning by-law
amendment to permit 1,300 additional residential uses on the lands bounded by
Times Avenue, South Park Road, Saddlecreek Drive and Highway 7. Staff recommended approval of these
applications, for the following reasons:
·
The
subject lands were designated Community Amenity Area Mixed-Use, which as noted
above, was intended to accommodate both residential and commercial uses. The cap of 1,000 residential units, which was
part of the original development concept, was established in the zoning by-law,
not the secondary plan;
·
The
range of non-residential uses permitted in the Community Amenity Area Mixed-Use
designation included retail, office, institutional and other related service
and commercial uses. While these uses
often provide employment opportunities, the primary intent of the Community
Amenity Area designation was not to serve as an employment-generating area, but
rather as a mixed residential and commercial “community service area”.
·
The
Town’s decision to permit additional residential development on this block was
predicated on several key initiatives to preserve the mixed use character of
the area:
·
policies
requiring the development of at least one dedicated office building within the
block;
·
phasing
policies (implemented through conditions of hold removal applying to the
residential portion of the development) that required this office use to be
developed before the holding provisions on a second phase of residential
development would be lifted; and
·
a requirement for a
“mixed use transition zone” along the eastern and southern perimeter of the
block, which incorporated requirements for at-grade commercial uses in
residential buildings within these locations.
The development of a “transition zone” in these locations was intended
to provide an intermediary of mixed use development, which would act as a
buffer between the more purely residential uses to the east and the proposed
employment uses to the west.
The
proposed residential development presents a significant and inappropriate
departure from the original mixed use development concept for the Leitchcroft
Planning District
The
current applications, to introduce residential development on the majority of
the designated employment lands in the
Leitchcroft District, represents a materially different type of proposal from
the application (approved in 2001) to introduce additional residential
development within the Community Amenity Area designation, for the following
reasons:
·
The
Business Corridor and Business Park designations on the subject lands were
never intended to accommodate any residential uses
whatsoever within their boundaries.
Instead, these lands were intended, from the outset of the Leitchcroft
Secondary Plan, as a solely non-residential area, in order to provide the main
source of employment generating uses within the secondary plan area. Allowing residential development on these
lands would abrogate the key policy intent of the Leitchcroft Secondary Plan:
to create a mixed live-work community providing a balanced range of both employment
and residential opportunities.
·
The
residual non-residential portion of the current proposed master plan (a retail
plaza west of South Park Road) and an office-commercial development along part
of the Highway 7 frontage, is insufficient, at the larger scale, to provide the
critical mass of employment uses needed to implement a true, mixed use live
work community as originally intended by the Secondary Plan. Furthermore, this proposal does not comply
with the current land use policies established for this site by the Parkway
Belt West Plan and the Minister’s Zoning Order.
·
The
proposed development concept introduces a very significant amount of new
residential development immediately adjacent to the Highway 407 corridor. Introducing residential uses at this location
is not appropriate from a community and residential amenity standpoint. The employment uses designated for these
lands in the secondary plan would experience far fewer negative impacts from
the 407 corridor, and would provide a excellent buffer
for the existing residential blocks in the Leitchcroft Planning District. Establishing residential uses adjacent to the
Highway 407 corridor could also establish a negative precedent for other
similar areas in Markham adjacent to Highways 407 and 404, which are now
typically designated for employment uses to capitalize on their high visibility
and access to these major transportation arteries.
The
Town is experiencing a significant shortfall in its supply of vacant employment
land
Both the Regional and Town of Markham Official Plans set out goals,
objectives and policies that promote a balance between residential and
employment land use designations. These
policies are directly reflected in the Leitchcroft Secondary Plan. The Town of Markham Official Plan also
establishes policies that require an applicant to undertake planning or related
studies to assess the impacts on employment lands of applications to delete or
change industrial land use categories.
In May 2002, staff prepared a status report on the supply of employment
lands in the Town entitled “Short Term Land Supply for Business Park
Employment: Requirements and Opportunities”.
The purpose of the report was to:
·
Update the projected short term requirement for
business park land to accommodate office and industrial development;
·
Determine the current supply of land to accommodate
this employment within the Town’s urban area and the possible additional supply
in the Highway 404/Woodbine Avenue corridor; and,
·
Determine how much of the current and potential
supply of land might be expected to be developed to accommodate office and
industrial employment.
The report concluded that there is a supply of
approximately 575 net acres of employment land in the Town, of which only 250
acres is “market ready”. An additional
625 to 695 net acres may be available to designate for employment lands within
the urban area and at specific locations within the Highway 404 corridor north
of Elgin Mills Road and in Box Grove.
However, while this supply of land would be sufficient to accommodate
projected multi-storey prestige office development to 2011 and possibly beyond,
it is insufficient to accommodate other forms of employment uses
(mixed-function, low-rise office and industrial uses) to 2011. The report also concluded that if additional
land to accommodate all business park employment is not designated on a
continuing basis and brought to the market for development in a timely manner,
the Town will not maintain its competitive position within the GTA.
In the Leitchcroft Secondary Plan and By-law 177-96,
the subject lands are currently designated and zoned for both types of
employment uses discussed in the report:
prestige multi-storey office development, and mixed-function, low-rise
office and industrial uses. The subject
lands are in a location that provides excellent exposure and visibility to
Highways 7 and 407, and excellent access from Highway 7. Given the significant shortage of employment
lands in the Town of Markham (particularly for low rise office and prestige
industrial uses), it is essential for the Town to preserve the remaining supply
of designated employment lands for their intended purpose, including the
employment lands remaining in the Leitchcroft Planning District, which are
strategically located, market ready and represent an important component in the
Town’s overall supply.
Furthermore, the viability of these employment lands
is not, in staff’s opinion, compromised in any way by the presence of adjacent
medium and high density residential uses.
There are numerous examples in the Town (Woodbine North, the proposed
Cathedral Community, existing and proposed development in Markham Centre and
the Commerce Valley West district immediately adjacent to the Leitchcroft
Community) where employment uses, in the form of both low rise, mixed
industrial and prestige multi-storey office development coexist very
successfully with low, medium and high density residential development.
Apart from the issue of the area of land supply in
numeric terms, there is also a need to maintain a wide variety of locational
attributes in the Town’s supply of employment lands. In this regard the Leitchcroft lands present
a significant opportunity as they provide a number of unique locational
attributes, including:
·
Excellent visibility and presence along the 407
corridor;
·
Excellent visibility and presence along Highway 7;
·
A location close to mixed use commercial activities
(such as restaurants, stores and other commercial amenities) that can be very
attractive to employers and employees;
·
Proximity to higher density residential areas; and,
·
Proximity to proposed high order transit facilities
on Highway 7;
·
Proximity to proposed Highway 407 transitway.
These attributes add significantly to the value and
attractiveness of the subject lands as a location for employment uses. Providing for a variety of
employment areas, with strong locational attributes, helps to support market
competitiveness and the Town’s live-work objectives.
In the past, the Town has only considered changing
the designation of employment lands to non-employment uses based on detailed
studies examining the need for the proposed use and documentation that
sufficient and suitable designated employment land exists elsewhere in the Town
to maintain an appropriate supply of industrial land and an appropriate balance
between employment and non-employment land uses. The applicant has not undertaken such an
analysis as part of this application, and has not demonstrated that the
proposed redesignation to residential uses would not negatively impact the
Town’s supply of employment land.
Water
alocation is not currently available
The applicant is proposing approximately 1,800 new
residential units on the subject lands.
In addition, 388 residential units on the east side of Saddlecreek Drive
have yet to receive water allocation from the Town. (Total number of
unallocated residential units: 2,188).
The Region of York recently granted the Town additional units of water
allocation, however, all of these additional units have been allocated to other
new communities in the Town, in accordance with an explicit set of allocation
criteria. The Town will be preparing a
water allocation policy for high rise residential development in the first
quarter of 2004, and additional water allocation from the Region is anticipated
in 2004. However, until these water
allocation issues have been fully resolved, any amendments to permit additional
residential development in the Leitchcroft Planning District must be considered
premature.
The
requested zoning amendment to delete at-grade commercial along the Saddlecreek
Drive, and South Park Road frontages represents a significant departure from
the original development strategy negotiated between the Town and the owner
As presented in Table 1, in November 2001 the Town adopted Official
Plan and Zoning By-law Amendments to permit residential and mixed use
development on the lands bounded by Times Avenue, Highway 7, Saddlecreek Drive
and South Park Road, located immediately east of the proposed new residential
development. These lands, designated
CAA, were originally intended for mixed use development, although the emphasis
was primarily on commercial rather than residential development.
As part of the approval of 1,300 new residential units on these lands
in 2001, the Town’s intent was to preserve the remaining vacant lands to the
west and south, which were designated Business Corridor and Business Park, to
ensure a continued balance between residential and employment uses in the Planning
District. Staff and the owner agreed to
two key strategies to ensure that the remaining employment lands to the west
and south would not be jeopardized by the proposed residential development:
·
Designation of a
mixed use “transition zone” along the Saddlecreek Drive and South Park Road
frontages of the mixed use block, which form the interface between the
residential area to the east and the employment area to the south and
west. This “transition zone” was implemented
through a zoning requirement for at-grade retail, office and service commercial
uses in all residential buildings located along these frontages. At-grade residential uses were not permitted.
·
The approval was also predicated on the use of holding provisions,
that encouraged linked phasing of the residential component of the mixed
use block with a proposed multi-storey office building along at the south east
corner of Highway 7 and Saddlecreek Drive.
In August 2002, the owner applied for an amendment to the Zoning
By-law, to delete the ground floor commercial “transition zone” described
above. As part of the consultation with
the owner, staff determined that they could support the deletion of the
transition zone only if the required additional park space could be provided in
a location that would have minimal impact on the remaining employment lands,
and that the employment lands to the west under the “Business Corridor”
designation would have an “enhanced” Business Park designation (which would
restrict opportunities for stand-alone retail and other non-traditional
employment uses) in order to ensure that these lands developed for higher order
employment uses.
Staff continue to support the approved
development concept for the Leitchcroft Planning District. In staff’s view, the deletion of the mixed
use “transition zone” along Saddlecreek Drive and South Park Road would weaken
the long-term viability of the future employment lands to the west, and
undermine the agreed-upon strategy and vision of Leitchcroft as an innovative
mixed use, live-work community.
The owner is also applying to delete the requirement for at-grade
commercial along the Times Avenue frontage between Galleria Parkway and South
Park Road. The approved development
concept proposes low-rise townhouses in this location, and these townhouses are
located opposite an existing residential development on the east side of Times
Avenue. The issue of ground floor
commercial uses at this location will be addressed in detail in a separate report
dealing with applications for zoning by-law amendment and site plan approval on
Blocks 41, 42, 43 east of Saddlecreek Drive.
Staff do not support the proposed park location
The owner is proposing to locate a new neighbourhood park on the south
side of South Park Road, mid-way between Saddelcreek Drive and Times
Avenue. Staff are
of the opinion that this location would severely undermine the intended
employment lands by:
·
Removing a key parcel from the employment land base;
·
Unnecessarily partitioning the employment land base and creating a small
awkward “leftover” parcel on the east side of the park that would be difficult
to market and develop for employment purposes;
·
Extending a residential-oriented land use into the middle of the
employment area.
As a result of these considerations, staff do
not support the park location proposed in the development concept, within the
context of the Leitchcroft District developing as a mixed residential and
employment area.
Staff support
the concept of commercial uses fronting Highway 7 provided key criteria are met
The owner is proposing approximately 14,864 m2
(160,000 sq. ft.) of commercial development along the Highway 7 frontage of the
site between Saddlecreek Drive and South Park Road. This development consists of two six storey
office towers at the corners, a two storey commercial podium running south of
the westernmost office building along the South Park Road frontage, and, along
the remaining portion of the Highway 7 frontage, two 4-storey commercial
buildings of 2,323 m2 (25,000 sq. ft.) each linked by a 2-storey
podium.
Staff have no objections to this proposed development,
provided that the following conditions are met:
·
Retail and service commercial uses are restricted to
the ground floor of buildings;
·
Uses above the ground floor are reserved for office
or other employment uses;
·
There are no residential uses.
The concept plan does not provide specific details
about the types of commercial uses envisioned for this portion of the subject
lands. However, if the above conditions
are met, the proposal would be permitted under current Secondary Plan policies
and the provisions of By-law 177-96, as amended.
The
proposed retail plaza at the west end of the planning district is premature,
given the existing Minister’s Zoning Order on the site, and does not conform to
the Town’s zoning provisions set out in By-law 177-96
The applicant is proposing a 11,018 m2
(118,600 sq. ft.) retail plaza, gas bar and banquet hall at the west end of the
subject lands, on lands designated Business Corridor Area and Business Park
Area in the Leitchcroft Secondary Plan.
These designations provide for most of the proposed uses, although
stand-alone restaurants are not permitted.
However, the current zoning provisions of By-law
177-96, which zone the site as BC*37 (H) and BC*34 (H), contain the following
requirements for retail uses on these sites:
·
Retail stores must be wholly contained within an
office building, hotel, trade or convention centres or a building containing
recreational establishments, places of amusement or theatres;
·
no more than 50% of the net floor area of any
building on the lands shall be used for retail uses at any one time;
·
the maximum permitted net floor area of all these
uses combined may not exceed 930 square metres;
·
The banquet hall would only be permitted as an
integral part of a hotel or convention centre; and,
·
The proposed gas bar is not permitted.
In addition, these lands fall within the Parkway
Belt West Plan and are subject to a Minister’s Zoning Order. Uses are restricted to existing uses; linear
transportation, communication and utility facilities; open space and buffers;
and other public uses. The intent is to
protect these lands for a future parking lot and station relating to the
proposed Highway 407 transit way. The
proposed development does not conform to either the current Provincial planning
policies in effect on this block, or the land use provisions set out in the
Town of Markham’s planning documents, which would come into effect if the
Provincial planning regulations were lifted in this property.
In staff’s opinion, due to the existing provincial
planning regulations in effect on this site, and the future plans to develop at
least a portion of the site as a part of a major provincial transit facility,
this portion of the development proposal is premature, and should also be
denied.
FINANCIAL CONSIDERATIONS:
The
Town of Markham Official Plan contains policies whereby the Town will control
the rate and type of growth to ensure that the residents are not burdened by
excessive tax increases or by decreased quality and level of services; and to
maintain and strengthen the Town’s assessment per capita.
In
this regard, the Plan also states that:
“Council may defer any residential development proposal, or part
thereof, which would create an appreciable increase in the demand for municipal
services and facilities unless it can be demonstrated that the overall ratio of
all municipal debt to taxable assessment will not be adversely affected. Offsetting commercial, industrial, or prime
residential assessment will be encouraged…”
A
fiscal impact study relating to the proposed development has not been submitted
by the applicant.
ENVIRONMENTAL CONSIDERATIONS:
There
are no environmental considerations at this time.
ENGAGE 21ST CONSIDERATIONS:
The Engage 21st Markham report contains a number of
key strategic implementation recommendations that are relevant to the planning
history of the Leitchcroft District and the appropriateness of the proposed
development. These include:
·
encouraging and showcasing urban design and community
development projects that demonstrate balanced work-live solutions;
·
fostering and implementing program initiatives to
support greater employment creation in or near mixed use new urbanism
neighbourhoods;
·
encourage the development of new incubator
and flex space that will provide appropriate space for new high-tech startups
and other fast-growth busineses.
By proposing to remove the subject lands from the
Town’s employment land supply, the proposed development runs counter to these
key strategic objectives set out in the Engage 21st Markham report.
BUSINESS UNITS CONSULTED AND AFFECTED:
Relevant
comments from business units have been incorporated into this report.
CONCLUSION
Based on this
analysis, staff are of the opinion that:
·
The proposed redesignation
from employment uses to residential uses is not supported by the objectives and
policies of the York Region Official Plan and the Town of Markham Official
Plan;
·
The proposed amendments to
the Town of Markham Official Plan, the Leitchcroft Secondary Plan and By-law
177-96 to permit the proposed residential development and revised park location
should be refused, as they do not conform to the intent of the Secondary Plan
to promote the development of the Leitchroft Planning District as a balanced,
mixed use, live work community;
·
The proposed amendments to
the Leitchcroft Secondary Plan and By-law 177-96 to permit the proposed retail
plaza and stand-alone banquet centre should be refused as they do not comply
with the policies of the Parkway Belt West Plan and the Minister’s Zoning
Order, or the Town’s planning documents, and are premature given the Province’s
plans to develop a major transit facility on all or part of that site;
·
The proposed amendment to
the zoning by-law to permit at-grade residential along the east frontage of
Saddlecreek Drive and the north frontage of South Park Road between Saddlecreek
Drive should be refused as it would eliminate a planned transition zone between
the residential uses to the east and the planned employment uses to the south
and west;
·
No amendments are required
to permit the proposed office commercial development along the Highway 7
frontage, provided that any proposed retail component is restricted to the
ground floor and is located within an office building.
ATTACHMENTS:
Figure 1 – Location Map
Figure 2 –
Context and Zoning Map
Figure
3 – Air Photo
Figure
4 – Development Concept Plan (Subject Application)
Figure
5 – Approved Development Concept Plan November 2001 (east of Saddlecreek Drive)
Figure
5 – Land Use Plan Leitchcroft Secondary Plan
|
|
|
|
|
Valerie
Shuttleworth, M.C.I.P., R.P.P.
Director
of Planning & Urban Design
|
|
Jim
Baird, M.C.I.P., R.P.P.
Commissioner
of Development Services
|
Q:\Development\Planning\APPL\ZONING\03116428
Galleria residential ZBA_OPA\DEVELOPMENT SERVICES COMMITTEE - dec 9 report to
DSC.doc
FIGURE 1
OWNER: 1107656
Ontario Inc
Mr. Hashem Ghadaki
330 Highway 7 East
PH 5
Richmond Hill ON
L4B 3P8
Tel:
905-882-2552
Fax:
905-882-2553
AGENT: Malone Given Parsons
Mr. Jim Kirk
140 Renfrew Drive
Markham ON
L3R 6B3
Tel:
905-513-0170
Fax:
905-513-0177
Email:
jkirk@mgp.ca
LOCATION MAP:
