THE FIFTH MEETING OF THE

COMMERCIAL POLICY REVIEW COMMITTEE

 

TOWN OF MARKHAM

Canada Room, Markham Civic Centre

April 12, 2005

 

MINUTES

 

Attendance

 

Members:

Mayor D. Cousens

Deputy Mayor F. Scarpitti

Councillor J. Virgilio

Councillor G. McKelvey

 

Other Council Members:

Regional Councillor J. Jones

Councillor D. Horchik

Councillor K. Usman

 

Staff

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

V. Shuttleworth, Director of Planning and Urban Design

R. Blake, Senior Project Coordinator

K. Bavington, Committee Clerk

 

Representatives of Loblaw Properties Limited

Mario Fatica - Loblaw

Steve Thompson - Loblaw

Jack Eisenberger - Fieldgate

Lou Meandro - Fieldgate

Steven Zakem - Aird& Berlis LLP

Eileen Costello- Aird & Berlis LLP

Dave Saunders - Lea Associates, Traffic Consultant

Harry Froussios - Zelinka Priamo, Planning Consultant  

 

 

The fifth meeting of the Commercial Policy Review Committee convened at

10:00 a.m. with Mayor Cousens in the Chair.

1.         LOBLAW PROPERTIES LIMITED                                                                                  
            2938 MAJOR MACKENZIE DRIVE EAST IN THE WEST
            CATHEDRAL COMMUNITY, OFFICIAL PLAN AND ZONING
            BY-LAW AMENDMENTS TO PERMIT A LARGE  FORMAT
            RETAIL PLAZA (OP 04 010924, ZA 04 010910)
(10.3, 10.5) 

 

On April 5, 2005, the Development Services Committee passed a resolution to refuse the applications by Loblaw Properties Limited for Official Plan and Zoning By-law Amendments to permit a large format retail plaza development of 329,671 sq. ft. at 2938 Major Mackenzie Drive East in the West Cathedral Community, as submitted. The Committee directed that before the recommendation to refuse the applications is presented to Council, the matter be referred to the Commercial Policy Review Committee for a meeting with the applicant to discuss the matters set out in the staff report.

 

The Chair summarized the status of the applications and the position of the Town.

 

Steven Zakem of Aird & Berlis, led a presentation by the applicant’s representatives. He gave a brief summary of the background of the application, outlined their current position, and provided an agenda of issues for discussion at this meeting, as follows:

 

a)         Currently Permitted Uses

Mr. Zakem suggested that the only planning amendments required are to deal with the increase in the store cap size on the west portion, to allow retail along the road frontage, and to increase store cap size on the east portion. He noted that under current policies the applicant could develop three stores of 60,000 square feet each.

 

The applicant has agreed to eliminate the 2 proposed gas bars and the car wash on the site, and to preserve the required land for the 404 off-ramp extension.

 

A revised site plan was presented, indicating more retail structures along Markland Street. A site at the south-east corner of the easterly portion was identified as a potential fire hall location, and a possible office block was indicated at the south-west corner of the westerly portion, which will be land-locked until the 404 extension road is developed.

 

b)         Woodlot

The applicant advised that his consultant does not consider the woodlot to have a significant basis for preservation. Although it is a Regionally significant woodlot as identified in the Regional Tree By-law and the Black Maple trees are identified as a locally and regionally rare species, they are not an endangered species. The applicant is willing to provide financial compensation for the loss of the woodlot. The Committee indicated the woodlot preservation is crucial.

 

Mr. Zakem discussed the impacts of preserving the woodlot. Re-locating the Loblaw store would complicate the access points and be detrimental to urban design issues. Two options were displayed by the applicant for alternate configurations and alignments of the Loblaw store, accesses, and parking lots. Discussions included the possibility of obtaining more land to the north, however the applicant indicated they are not interested in tying up more funds on this project. It was also suggested that the Loblaw proposal move to the easterly property, and the applicant indicated that it is not feasible due to commitments made to various tenants for the easterly site. Committee noted that the constraints evidenced in this presentation would indicate that the site is not suitable for the proposal and that the proposed development is too large to fit on this site.

 

c)         404 Off-ramp

The applicant has agreed to preserve the required land for the 404 off-ramp extension. The ramp has not been identified in Markham’s Development Charges By-law, therefore compensation will have to be negotiated. A fair amount of the woodlot will be lost to grading for the ramp.

 

d)         Fire Hall

The applicant is prepared to sell the parcel of land indicated at the south-east corner of the easterly site to the Town at flow-through costs. Access and amount of required land have yet to be determined.

 

e)         Urban Design

The applicant is willing to talk about Urban Design issues, such as gateway features and architectural details, at a later stage of the process. Mr. Zakem referred to a “Cathedral Village Urban Design Brief” prepared by Loblaw consultants, dated January 2004. This document had not been previously presented to the Town for review.

 

f)          Gross Floor Area Caps

Mr. Zakem discussed the provisions of the Business Corridor Area and argued that the term “generally” in the current policies would permit an expansion of the size cap from 6,000 m2 to 13,616 m2  to accommodate the proposed Loblaw structure. An expansion would also be required in the Community Amenity Area to 8,400 m2 for the proposed retail structure on the easterly portion.

 

g)         Parking

Mr. Zakem advised that 1,700 parking spaces will be provided, which is the lower end of the parking standard. Committee urged the applicant to consider structured parking.

 

The Committee discussed the changes made by the applicant and noted that the concerns in the staff report are still not adequately addressed. The key policy issues were identified as the size and location of the Loblaw store and orientation to the street, urban design issues, and woodlot preservation. It was suggested that innovative solutions are needed, such as reversing the sites, and the use of structured parking to free up space for important office buildings and employment uses.

 

Committee recognized that there is a clash of values between the Town’s desire for a sensitive environmental design, and Loblaw’s “template” architectural requirements, and that the proposed massing and footprint of the store are too big to fit on this problematic site. Mr. Zakem responded that design details can be resolved at a later stage. Landscaping, berms and decorative fencing will be provided to minimize streetscape impacts.

 

Moved by: Councillor J. Virgilio

Seconded by: Councillor G. McKelvey

 

That the presentations and discussions regarding the proposal by Loblaw Properties Limited for Official Plan and Zoning By-law Amendments to permit a large format retail plaza development at 2938 Major Mackenzie Drive East, be received and referred to staff for a report to the Development Services Committee on April 19, 2005.

            CARRIED

 

 

 

 

ADJOURNMENT

 

The fourth meeting of the Commercial Policy Committee adjourned at 11:25 a.m.