REPORT TO DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

FROM:

Jim Baird, Commissioner of Development Services

 

Valerie Shuttleworth, Director, Planning & Urban Design

 

PREPARED BY:

T. J. Lambe, Manager, Policy and Research Division

 

 

DATE OF MEETING:

January 10, 2006

 

 

 

SUBJECT:

Draft Secondary Plan for the 404 North Planning District

 

 

 

RECOMMENDATION:

That the report entitled “Draft Secondary Plan for the 404 North Planning District” and the draft Secondary Plan attached as Appendix ‘A’ be received;

 

And That the draft Secondary Plan be circulated to agencies and to landowners within the Planning District and be made available to the public;

 

And Further That staff be authorized to schedule a Public Meeting to consider the Official Plan Amendment to adopt the draft Secondary Plan, following a community public information meeting, early in 2006.

 

PURPOSE:

This report provides the Committee with a copy of the draft Secondary Plan for the Highway 404 North Planning District (Appendix ‘A’) and requests authorization to schedule a Public Meeting under the Planning Act to consider the required Official Plan Amendment to adopt the draft Secondary Plan, following a community public information meeting, early in 2006.

 

EXECUTIVE SUMMARY:

The Town has been engaged in studies and consultation relating to approval of lands in the Highway 404 North Planning District since 2000. Council has established a commitment to ensuring that a significant area of land within the District be designated for business park employment, in support of Town objectives relating to economic development and growth management. OPA No. 113 for the District, which established the requirement for an implementing secondary plan was approved in July, 2005. During the last five years the Town also addressed its interests relating to the Woodbine Avenue Bypass, the Oak Ridges Moraine and the Rouge North Management Area, which are reflected in the draft Secondary Plan.

 

The draft Secondary Plan:

  • delivers a significant area of high quality, well-located business park land within the Highway 404 corridor supporting the Town’s role as a key employment centre for prestige, knowledge-based industries within the GTA;
  • provides for completion of the northern section of the Woodbine Avenue Bypass; and,
  • establishes an appropriate residential interface with the Hamlet of Victoria Square.

 

The draft Secondary Plan has been circulated for review by interested agencies, departments and landowners within the District. The draft has been discussed with agencies and landowners and incorporates certain revisions responding to comments received.  It is now appropriate to finalize and consider the approval of the draft Secondary Plan. An opportunity for public review and comment should be provided prior to further consideration by the Development Services Committee.

 

BACKGROUND:

Following completion of the Highway 404 North Land Use Study, OPA No. 113 for the Highway 404 North Planning District was adopted by Council on June 24, 2003, and submitted to the Region of York for approval. OPA No. 113 incorporated the lands in the Planning District into the urban area, established primary land use designations and elements of the transportation system, identified key environmental features and required the adoption of an implementing Secondary Plan. 

 

Prior to approval of OPA No. 113 the Region needed to consider and adopt an amendment to the Regional Official Plan, to incorporate the lands into the Regional urban settlement area. This consideration was delayed by the introduction of the Greenbelt Protection Act in December, 2003, which placed a moratorium on municipal planning approvals involving lands outside approved urban settlement areas pending completion of the Provincial Greenbelt Plan. In March, 2005, the Provincial moratorium on municipal planning approvals was discontinued, and the Region was able to initiate the process for consideration of approval of OPA No. 113. In July, 2005 OPA No. 113 was approved by the Region of York, following approval of ROPA No. 46 to the Region of York Official Plan, for the same lands.

 

In January, 2004, the Development Services Committee authorized staff to prepare a draft Secondary Plan to implement OPA No. 113, in anticipation of the end of the Greenbelt moratorium by the end of 2004.  In May, 2005, following the Public Meeting on ROPA No. 46, the Committee authorized staff to circulate the draft Secondary Plan to agencies and landowners for comment. Subsequent to circulation of the draft in May, staff met with interested agency representatives and landowners. Some written comments were received, and Staff has incorporated some revisions to the draft Secondary Plan.

 

DISCUSSION:

The purpose of the draft Secondary Plan is to implement OPA No. 113, by establishing land use designations and policies to guide development in Planning District No. 42. The industrially designated land within the Planning District represents the last opportunity to establish a new business park in the Highway 404 corridor in Markham. The provisions of the draft Secondary Plan have been prepared to maximize the potential for the development of new business park uses.

 

In accordance with the direction of Council, the draft Secondary Plan also provides for rounding out of the residential community in Victoria Square and the planned residential development in the adjoining Cathedral Community with compatible residential development, for the delineation of the Rouge Park North adjoining a tributary of the Berczy Creek and for the classification and management of small stream features.

 

The draft Secondary Plan delineates a schematic transportation system addressing District and Town system requirements, and provides for further definition of transportation and servicing systems through Environmental Assessments and technical studies. Finally, the draft Secondary Plan establishes requirements for a series of sequenced, comprehensive and site specific studies to be completed prior to development approval. The content of the draft Secondary Plan is briefly summarized in the following Sections.

 

1. Land Use

 

1.1 Business Park Lands

The majority of the lands within the Planning District (+/- 181 net hectares) have been identified for the establishment of a new business park. Approximately 121 hectares comprising the business park are located between Highway 404 and the Woodbine Avenue By-pass and have been designated Business Park Area and Business Corridor Area, consistent with the provisions of the Industrial designation established by OPA No. 113.  Permitted uses include those identified in the Official Plan, with some further restrictions to ensure development that is most consistent with the planned functions of the designations. Prohibited uses include transportation terminals, entertainment uses, nightclubs and funeral homes. The Business Corridor Area designation also incorporates the provisions of OPA No. 132 adopted by Council in March 2005, and approved in August 2005.

 

The Business Corridor Area designation has been reserved for an area of land adjoining the Woodbine Avenue By-pass which is also accessible from several interior roads serving the larger business park. The designation is also located to the north of the residential lands on the opposite side of the Woodbine Avenue By-pass, to minimize possible land use conflicts arising from certain service and retail uses that may occur in the Business Corridor Area designation, but are less likely to occur in the more restricted Business Park Area designation.

 

1.2 Residential Lands

Residential lands, comprising approximately 13.5 hectares, are located east of the Woodbine Avenue By-pass, adjoining the Hamlet of Victoria Square and residential lands in the Cathedral Community. These lands also adjoin ‘Old’ Woodbine Avenue, where it extends north from the Hamlet and will be realigned to intersect with the By-pass. The residential lands have been assigned a Low Density designation, consistent with the Official Plan, but with some specific policy exceptions identified in the following sub-sections. The provisions of the Low Density designation are intended to ensure a development pattern and housing stock compatible with existing and planned development on adjoining lands to the south. Provisions also address the requirement for street and pedestrian connections with planned residential lands in the adjoining Cathedral Community and for a possible extension of a planned Neighbourhood Park.

1.2.1 Specific Policies for Residential Lands West of “Old Woodbine Avenue”

For the lands in this area, the Low Density designation permitting single and semi-detached dwellings and townhouse units with direct frontage on a public street is supplemented with an additional permission for townhouse units, without direct frontage on a public street (ie. block townhouse units), subject to certain conditions. These conditions include meeting the overall density provisions of the Low Density designation and locating the townhouse units on sites adjoining the Woodbine Avenue By-pass. The permission for this unit type is intended to encourage a more diversified housing stock.

 

1.2.2 Specific Policies for Residential Lands East of “Old Woodbine Avenue”

Three specific policy exceptions apply to the residential lands in this area. The first relates to lands adjoining the north limit of Victoria Square. The policy requires lot sizes equivalent to those adjoining in the Hamlet and the development of single detached dwellings only, to ensure compatibility with the existing residential development in the Hamlet. Building height and the location of detached garages is also addressed.

 

The second policy relates to the residential lands adjoining the Hydro One transmission corridor. It is based on a recommendation of the Medical Officer of Health for the Region of York that all residents practice prudent avoidance and limit exposure to all sources of electromagnetic fields where economically and reasonably feasible. In May, 2005, the Development Services Committee confirmed that it is prudent to have regard for possible health implications in the context of planning and approving new development in the vicinity of hydro-electric transmission facilities. The policy requires that prior to approval of new residential development within 56 metres of the hydro corridor centreline, a study shall be required to address potential impacts from the transmission of electricity, and appropriate measures to mitigate impacts, including requirements for setback of dwellings from the transmission facilities. The policy also provides that public or private elementary and secondary schools and day care centres shall not be permitted in this area.

 

The third policy establishes permission for a place of worship site subject to certain conditions, including a maximum site size of 2 hectares.

 

1.3 Commercial Lands

Commercially designated lands are located east of “Old Woodbine Avenue” at the point where it will intersect with the Woodbine Avenue By-pass. The lands include an existing automobile service station and restaurant. Council determined that the lands should be designated Commercial in October, 2003 and requested the Region to modify OPA No. 113 to incorporate the Commercial designation. At that time it was identified that the location of the lands would be accessible to both the residential area to the south and the business park to the west and that the appropriate uses for the lands would be established through the implementing Secondary Plan. The designation was incorporated into OPA No. 113 in the Region’s approval in July, 2005.

In the draft Secondary Plan the lands are designated Community Amenity Area. This designation accommodates the existing service uses and permits a range of new uses appropriate to meeting the convenience retail and service needs of residents and workers within, and in proximity to, the Planning District. Several uses, considered to be potentially incompatible with the adjacent low density residential development, or not required to meet localized retail and service needs, are not permitted. Uses not permitted include entertainment uses, hotels and motels, night clubs, banquet halls, funeral homes and schools. The provisions for the designation also require that if dwelling units are proposed these shall be incorporated into mixed-use developments above ground-related commercial uses.

 

Because the designated Community Amenity Area lands extend over several ownerships and include a portion of the Woodbine Avenue right-of-way that is anticipated to be closed, the draft Secondary Plan specifies that approval of new development on the lands shall be based on a comprehensive development concept, prepared on behalf of the property owners, acceptable to the Town.

 

1.4 Cultural Heritage

The draft Secondary Plan identifies several heritage buildings, building sites and barns of cultural value and incorporates provisions to address the retention and conservation of buildings of architectural or historical merit. A requirement to complete an Archaeological Assessment is also established.

 

1.5 Parkland

The draft Secondary Plan provides for the determination of parkland requirements through the Open Space component of the Community Design Plan. In the residential area this is anticipated to include an extension to the neighbourhood park, proposed on the adjoining lands to the south in the Cathedral Community. Relative to the business park it is anticipated that the parkland requirement will be addressed via cash-in-lieu contributions. As requested by the Development Services Committee, Staff has considered the suggestion that the Fletchers Fields rugby complex might, if it ceased to function, be considered for acquisition as parkland and has consulted with staff in the Community Services Commission. The facility was not identified in the Town’s Recreation Master Plan and it has been determined that there is no requirement for parkland at this location within the context of a business park. Staff is also aware that if the rugby facility were to relocate, the club would seek to maximize its sale revenues to fund an alternate facility. Consequently, the facility has been given an appropriate Business Park Area designation, consistent with OPA No. 113.

 

2. Environment

 

2.1 Oak Ridges Moraine

The boundary of the Oak Ridges Moraine adjoins the northwest corner of the Planning District. The Moraine lands did not form part of OPA No. 113 and were subsequently incorporated into OPA No. 117 and Secondary Plan PD 43-1 for the Oak Ridges Moraine Planning District. OPA No. 117 was adopted by Council on October 21, 2003, and approved by the Minister on October 21, 2004. Consequently, the Moraine lands do not form part of this draft Secondary Plan.

 

2.2 Provincial Greenbelt Plan  

Certain lands at the north limit of the Planning District have been included within the boundary of the Provincial Greenbelt by Ontario Regulation 59/05. The lands are shown in the Provincial Greenbelt Plan dated February, 2005, as Protected Countryside - Natural Heritage System. However, Ontario Regulation 61/05, pursuant to the Greenbelt Act (Bill 135), and the Greenbelt Plan, provide that lands subject to an official plan amendment decision made prior to December 16, 2004, shall not be subject to the provisions of the Greenbelt Plan and that further approvals, required to implement the original amendment, are not required to conform to the Plan. As the lands referred to above form part of O.P.A. No. 113, adopted by Council in June, 2003, planning approvals relating to the lands, are not required to conform to the Greenbelt Plan. These lands will therefore continue to be subject to the provisions of the Official Plan and the implementing Secondary Plan.

 

2.3 Rouge North Management Area Policies Apply to Berczy Creek Tributary

O.P.A No. 116 for the Rouge North Management Area was adopted by Council on September 30, 2003, and approved by the Region of York on March 25, 2004. The amendment establishes boundary delineation criteria for the Rouge Park North and policies to secure Rouge Valley lands and associated tablelands as Rouge Park North lands. The provisions of OPA No. 116 were intended to apply to the tributary of the Berczy Creek located in the northeast quadrant of the Planning District. Although OPA No. 116 was not yet approved by the OMB, Council had instructed in 2002 that the planning for the Highway 404 North Study Area should proceed on the basis that provision for the Rouge Park North be addressed. Provision for the Rouge Park North was incorporated into OPA No. 113 and has been incorporated into the draft Secondary Plan.

 

On October 25, 2005, Council passed a bylaw to rescind OPA No. 116, effective upon approval of OPA No. 140 by the Region, also adopted on that date. OPA No. 140 incorporates the same policy framework for the Rouge North Management Area as OPA No. 116. It also includes additional policies to achieve conformity with the Provincial Greenbelt Plan relative to the major watercourses within the Rouge watershed addressed in both the Greenbelt Plan and OPA No. 116. The portion of the tributary of the Berczy Creek within the Planning District is not one of these watercourses. Consequently, the additional policies of OPA No. 140 relating to the Greenbelt Plan do not apply to the tributary, whereas the policies carried forward from OPA No. 116 relating to the Rouge North Management Area continue to apply.

 

The draft Secondary Plan designates lands within and adjoining the valley of the tributary of the Berczy Creek as Environmental Protection Area and establishes the requirement to delineate the boundary of the Rouge Park North lands and to address the implementation of the Rouge North Management Plan Urban Interface and Infrastructure Guidelines as part of the required Environmental Management Study.

 

2.4 Woodlot and Hedgerows

A large woodlot located in the Cathedral Community adjoins the southern limit of the Planning District. The draft Secondary Plan incorporates a requirement to establish a buffer adjoining the woodlot. The Plan also establishes requirements for evaluating the health and sustainability of several identified hedgerows, and their potential for incorporation into the future development pattern.

 

2.5 Small Streams

Small streams within the Planning District have been classified by the Town’s consultant in accordance with the draft Small Streams Study. The Study was received by Committee in December, 2004, and is under review. The stream classification is incorporated into the draft Secondary Plan with a requirement to identify proposals for the management of these features in the Environmental Management Study to be approved by the Town.

 

3. Transportation

 

The draft Secondary Plan delineates a schematic transportation system addressing District and Town system requirements, and provides for further definition of the internal street system through more detailed technical studies. Certain components of the transportation system will also be subject to Environmental Assessments that may result in revisions to the schematic system delineated.

 

3.1 Transportation Planning Report

A report has been completed by iTRANS Consulting Inc. who form part of the consulting team retained by the Town to assist in preparing OPA No. 113 and the draft Secondary Plan. The report summarises the results of an analysis of three transportation system scenarios serving the Planning District and surrounding area. Based on current development forecasts and scenario modelling to 2021 the report recommends a schematic road network which has been incorporated into the draft Secondary Plan. Key elements of the network include:

  • arterial road components - the new Woodbine Avenue Bypass and 19th Avenue;
  • collector road components within the Planning District, including industrial collector roads, and a section of existing Woodbine Avenue;
  • a mid-block flyover of Highway 404, connecting to an internal collector road that may be extended east of Woodbine Avenue, in the future; and,
  • an interchange at Highway 404 and 19th Avenue.

 

The Report identifies lane requirements, and potential intersection and traffic signal locations for the road system. It also recognizes that certain details of the road system within the District will be confirmed through required Environmental Assessments, further detailed traffic studies reflecting a more detailed development pattern within the Planning District and future decisions relating to development and the road system external to the District. Provision to incorporate the findings and recommendations of further study is incorporated into the draft Secondary Plan.

 

3.2 Woodbine Avenue  Bypass

The alignment for the Woodbine Avenue Bypass, a Regional Arterial Road was confirmed through an Environmental Assessment completed in May 2004, and is reflected in the draft Secondary Plan. The Bypass is currently scheduled in the Region’s 10 Year Capital Plan for construction in 2012. In June 2005, the Town requested the Region to expedite arrangements for the construction of the Bypass by 2009. An RFQ has been issued by the Town for the design of the Bypass with the work to be initiated in 2006. Negotiations between the Town, the Region of York and Cathedral area landowners are ongoing, to advance the timing of construction of the Bypass.

 

3.3 Highway 404 Flyover

The draft Secondary Plan identifies a schematic location for a flyover of Highway 404 providing a mid-block connection between north-south arterial roads in Markham and Richmond Hill. Protection for mid-block flyovers of 400 series Highways, has been identified as a priority in the York Region Transportation Master Plan and the Markham Transportation Planning Study. The schematic location shown is central to the Elgin Mills/19th Avenue block and reflects the current appreciation of environmental conditions to be addressed in the Town of Richmond Hill. However, the final design and location of the flyover, and the alignment of the connecting collector road within the Planning District, will be determined through a joint Region and Towns Environmental Assessment, scheduled to commence in 2006.

 

3.4 19th Avenue and the Interchange with Highway 404

In the draft Secondary Plan 19th Avenue is designated as a Town Major Arterial Road between Highway 404 and Woodbine Avenue. The final right-of-way and design for 19th Avenue will be subject to an Environmental Assessment to be undertaken by the Town. Where 19th Avenue intersects with Woodbine Avenue the right-of-way of 19th Avenue is not directly aligned on either side of Woodbine Avenue. An intersection improvement symbol identifies the need to provide for improvement of the intersection. The requirements for improvement will be addressed in the Environmental Assessment for 19th Avenue. The proposed interchange of Highway 404 and 19th Avenue is shown schematically in the draft Secondary Plan. Its final configuration and design shall be the subject of a future Environmental Assessment.

 

 

3.5 Collector Roads

The draft Secondary Plan establishes a system of collector roads providing access from development areas to the arterial road system. It establishes right-of-way standards for individual roads based on the function and design required. This includes a standard of 23 metres for an Industrial Collector Road, to accommodate bicycles, parking bays and boulevards.

 

3.5.1 “Old Woodbine Avenue”

A portion of Woodbine Avenue within the Planning District will be replaced by the Woodbine Avenue By-pass and will no longer be required to serve as a Regional arterial road. This portion, and the short, new connection to the Woodbine Avenue By-pass is distinguished in the draft Secondary Plan by the name “Old Woodbine Avenue”, and is designated as a Major Collector Road. It is anticipated that this portion will become a Town road and that its revised function and design will be defined through an Environmental Assessment, other required transportation and urban design studies and implementing development approvals.

 

3.5.1 Traffic Movements – Victoria Square to Flyover of Highway 404

On May 17, 2005, some Development Services Committee members inquired regarding the origins of trips likely to use the flyover of Highway 404 and particularly the volume of trips originating in the Hamlet of Victoria Square. iTRANS Consulting Inc. has undertaken an analysis of trip origins based on the modelling undertaken for the Traffic Planning Report. The analysis shows that approximately 77% of the trips crossing the flyover from Markham will originate from the north (51%) and south (26%) on the Woodbine Avenue Bypass and will access the flyover using the collector road system west of the Bypass.

This proportion of the total trips compares to 16% of the trips originating from east of Old Woodbine Avenue and 4% that will originate from the residential area south and east of the Bypass excluding the Hamlet of Victoria Square. Only 1% of the total trips are expected to originate within the Hamlet. These trips could be expected to connect to the flyover through the residential area using Old Woodbine Avenue.

 

The system of collector roads west of the Woodbine Avenue Bypass, is designed to provide several routes to access the flyover for the predominant number of trips originating from the Bypass. The road connections east of the Bypass provide access to the flyover, principally along Old Woodbine Avenue. It is considered desirable however, to discourage trips originating outside the residential area from travelling through the residential area.  Trips from the east will ultimately have direct access to the mid-block collector road connecting to the flyover when this collector is extended to the east of the Woodbine Avenue Bypass and offers a more direct route to the flyover. No alteration of the schematic collector road system identified in the draft Secondary Plan is supported by the trip analysis.

 

4. Municipal Servicing

 

The draft Secondary Plan provides that new development within the Planning District will be fully serviced. The Planning District is addressed in the Region’s Long Term Water Master Plan and York-Durham Sewerage System Master Plan. Arrangements are being made to install trunk services for the District as part of the servicing for the adjoining Cathedral Community. Servicing requirements within the District are to be determined through a Master Servicing Study to be completed prior to development approval. The location of stormwater management facilities is to be addressed first in the Environmental Management Study and finalized through the Master Servicing Study to ensure that solutions are consistent with environmental priorities.

 

TransCanada Pipe Lines Limited operates three high-pressure natural gas pipelines within its right-of-way crossing the Planning District The draft Plan recognizes the pipeline right-of-way through the District and establishes policies dealing with the treatment and development of adjoining lands.

 

5. Implementation

 

The draft Secondary Plan establishes requirements for several comprehensive and application-specific studies to be completed to the satisfaction of the Town, prior to development approval. The principal comprehensive studies required include:

  • Environmental Management Study;
  • Master Servicing Study;
  • Traffic Impact Assessment;
  • Community Design Plan; and
  • Development Phasing Plan.

The provisions of the draft Plan also incorporate sequencing for the completion of studies, to ensure that the information and recommendations these provide will be available on a timely basis to inform other studies and decisions regarding development approval.

6. Public Consultation

 

In considering new Secondary Plans, it has sometimes been the practice to hold a public information meeting for the local community prior to a statutory Public Meeting under the Planning Act. If the Committee would like to proceed in this manner, staff will consult with the local Councillor to arrange such a meeting. The resolution accompanying this report includes authorization to schedule these meetings early in 2006.

 

FINANCIAL CONSIDERATIONS:

The adoption and approval of the draft Secondary Plan will guide the development of a significant new business park that will contribute new jobs and revenue to the Town’s economy.

 

ENVIRONMENTAL CONSIDERATIONS:

The draft Secondary Plan incorporates policies to address the environmental features within the Planning District, the Rouge North Management Area and small streams. The Plan requires that these matters be addressed through an Environmental Management Study and other required comprehensive studies to be completed prior to any development approval.

 

ACCESSIBILITY CONSIDERATIONS:

None.

 

ENGAGE 21ST CONSIDERATIONS:

The adoption and approval of the draft Secondary Plan is consistent with corporate goals relating to Managed Growth, Environmental Focus, Infrastructure Management and Economic Development.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The Engineering and Legal Departments were consulted in the preparation of the draft Secondary Plan. Several Town Departments have been provided with a copy of the draft for review and comment.

 

ATTACHMENTS:

Appendix ‘A’ - Draft Secondary Plan for the Highway 404 North Planning District

 

 

 

 

 

 

 

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\MISC\MI459 404 North  Land Use Study\Secondary Plan\DSC Jan 10 06 finalreport1.doc