RECOMMENDATION:
THAT the
Secondary Plan amendment application (OP.04-013980) submitted by Minto Markham
Partnership for lands at the northwest corner of 9th Line and Rouge
Bank Drive, be approved in principle and the draft Secondary Plan
amendment be finalized, to permit low density residential development, with the
commercial permission as recommended in the staff report dated May 17, 2005,
and forwarded to the Ontario Municipal Board for final approval;
That the Zoning By-law amendment
application (ZA.04-028827) to
amend By-law 177-96, as amended, submitted by
Minto Markham Partnership, to permit low density residential development
(single detached dwellings) on the subject lands, be approved in principle and
the draft Zoning By-law amendment be finalized, with the commercial permission as
recommended in the staff report dated May 17, 2005, and forwarded to the
Ontario Municipal Board for final approval.
PURPOSE:
The purpose of this report is to receive direction from Council for the
June 2nd OMB pre-hearing regarding appeal of the Secondary Plan and
zoning by-law amendment applications submitted by Minto Markham Partnership. The report provides the background of these
applications as well as staff recommendations which, subject to Council
endorsement, can be forwarded to the OMB and form the basis of the Town’s
position before the OMB.
BACKGROUND:
Area context
The subject lands consist of approximately
0.77 hectares (1.9 acres) located at the northwest corner of Rouge Bank Drive and 9th Line
(Figure 1) in the Legacy Community. The
property is currently vacant with no significant vegetation or natural features
(Figures 1, 2 and 3).
The subject property is bounded to the north
and to the south, by existing single detached houses and to the west by a
neighbourhood park and a vacant parcel of land, which has been purchased by
York District School Board to be developed as a public elementary school. The property is bounded to the east across 9th
Line by vacant lands, which recently received draft plan approval (Box Grove
Hill Developments Inc. & Box Grove North & Box Grove Centre Inc.) to
permit single/semi-detached houses, employment uses, and a community park. The lands directly to the east across 9th
Line have been zoned to permit a place of worship.
It should also be noted that there are two
easements on the property (Figure 4); a Bell easement that runs
parallel to the north property line, and the York Durham Sanitary Sewer
easement which passes through the northeast corner of the property. No building construction will be permitted on
these easements.
Property is designated and zoned to permit
neighbourhood commercial uses
The subject property is designated as Urban Residential by the Official
Plan and Neighbourhood Commercial by the Rouge Northeast Secondary Plan. The
intent of the Neighbourhood Commercial designation is to accommodate
convenience commercial uses to primarily serve the surrounding residential
area.
The lands are currently zoned Neighbourhood Commercial One*17-Hold
[NC1*17(H)], under By-law 177-96, as amended.
The exception (*17) applying to these lands serves to restrict the size
of the lot to a maximum of 0.8 hectares (1.97 acres) (Figure 2).
Applications
for Secondary Plan and zoning by-law amendments have been submitted
Applications for Secondary Plan and zoning
by-law amendments have been submitted by the applicant to redesignate and rezone the subject lands from
Neighbourhood Commercial to Low Density Housing.
It should be noted that throughout the Secondary Plan process for the
Box Grove area to the east, the applicant’s position had been that the parcel’s
viability as a commercial site would be compromised by any shift of the 9th
Line alignment, and that the property should be redesignated to
residential. The proposed realignment of
the 9th Line is discussed in greater detail below.
Site’s exposure to arterial traffic will be eliminated when 9th
Line By-Pass is constructed
The property
currently has frontage onto Rouge Bank Drive and
high visibility from 9th Line.
However, 9th Line is proposed to be realigned south of
Highway 407 to swing east around the existing Box Grove Hamlet. Construction of this By-Pass is expected to commence
shortly and be completed in 2005 / 06 (Figure 5). When the 9th Line By-Pass is
constructed, the site’s exposure to high volume traffic will be
eliminated. It is recognized that the
viability of this commercial site, as currently permitted, would be affected by
the lack of visibility from a major road such as 9th Line By-Pass.
Also, when the 9th Line By-Pass is completed and functional,
the 9th Line right-of-way north of Rouge Bank Drive will no longer be required for road purposes by either
the Region of York or the Town. The 9th
Line right-of-way north of Rouge Bank Drive is expected to serve as a road connection to a future transit station proposed
at the southwest corner of 9th Line and Highway 407, within the
Legacy Secondary Plan area.
Council’s list of Strategic Priorities identifies need
to pursue neighbourhood retail
On May 11, 2004 Council received and confirmed a list of Strategic Priorities and
Actions associated with each priority for 2004 to 2006. Strategic Priority No.2 is to create a
better quality community. “In a quality community, neighbourhoods are
designed to include pedestrian friendly activity centres which serve as focal
points where residents can choose to gather to shop, socialize, learn or be
entertained.” Action No.2 associated
with Strategic Priority No.2 is to “specifically pursue small neighbourhood
retail focus/community gathering places, in central locations, in those new communities
currently needing such facilities.”
The subject site was discussed/reviewed as part of the Town’s Commercial
Policy Review
In
December 2003, the Town commissioned a Commercial Policy Review. The Review
of Markham’s Commercial Policies (April 2004) was prepared by John
Winter Associates Limited. The study identified neighbourhood commercial
centres as a critical community building block and recommended that the Town
identify in Secondary Plans key locations where a minimum gross floor
space of neighbourhood retail/service developments should be provided, and to
explore means to mandate such uses.
Staff reported the findings of
the RMCP to Development
Services Committee (DSC) on May 18th,,
2004. The staff report and
recommendations, including a recommendation to review policies related to the
provision of Neighbourhood Commercial centres in new urban areas, were referred
to a Committee set up to review all the policy recommendations. The proposed
Neighbourhood Commercial Strategy was presented and discussed at the Commercial
Policy Review Sub-Committee on September 29, 2004 and the Committee
endorsed the Strategy and recommended that staff report to the Development
Services Committee to obtain direction to proceed with the Strategy.
This matter was brought to
Development Services Committee on April 5, 2005, with staff
seeking authorization to proceed with implementing the Neighbourhood Commercial
Strategy as outlined in that report. As part of the Neighbourhood Commercial Strategy staff
recommended the creation of a new zone category [Neighbourhood Commercial Three
(NC3)] in By-law 177-96 that would accommodate the “corner store” model of the
Neighbourhood Commercial. The idea of
the “corner store” recognizes that the conventional neighbourhood commercial
site which would typically develop as a small strip plaza may not be viable,
but accommodates small scale at grade retail activities within a mixed use
building.
In the April 5, 2005 report the strategy for the
subject site was noted as “…to obtain a multiple
residential building form incorporating opportunity for at grade retail. The strategy for this site is to work through
the appeal process to mandate the potential for retail on this site, while
responding to the community objective to see the primary use of the site as
residential.”
Staff position evolved over time to retain
commercial component only as an option
Staff
recognize the negative impact of the proposed 9th Line realignment
on the commercial viability of the subject lands and that the commercial plaza
currently permitted by the zoning of the property is no longer practical. However, staff initially maintained that in
keeping with Council’s Strategic Priorities and the findings of the recent
Review of Markham’s Commercial Policies, both discussed above, some limited neighbourhood
commercial use must be retained at this location.
Along with the
subject site, the Rouge Northeast Secondary Plan (Legacy Community) identifies
the existing Club House within the IBM golf course as Neighbourhood Commercial
Centres. It should be noted that a
portion of the Club House currently functions as a Community Centre (Rouge
River Community Centre) with meeting rooms and a public swimming pool, but
there is no indication that it will be developed as a neighbourhood commercial
centre in the future. Given the above,
the retention of some neighbourhood commercial uses on the subject parcel, to
serve the Legacy Community with local convenience commercial uses was
considered desirable. However, given the extenuating circumstances surrounding this site and the risk of
long term vacancy if commercial uses are mandated at this location, staff’s
position evolved over time to provide for commercial uses only as an option, to
be taken up by an entrepreneur, if and when the need arises.
Both applications have been appealed to
the Ontario Municipal Board
The applicant has appealed the Secondary Plan amendment application (on
September 30, 2004) to the Ontario Municipal Board on the basis that Council
has failed to make a decision on the requested amendment within 90 days after
the day the request was received, in accordance with Section 22(7)(c) of the Planning Act. A Pre Hearing Conference
was held on March 2, 2005 and at that time
the applicant indicated their intention to appeal the zoning by-law amendment
application so that the two
applications can be consolidated and dealt with as part of one Hearing. The rezoning
application was also appealed to the OMB on April 19, 2005, again on the basis that Council has failed to make a
decision regarding the requested amendment within the time frame specified
under the Planning Act.
At the pre-hearing on March 2, 2005 the Board scheduled a
further Pre-Hearing Conference to be held at the Town’s offices on June 2,
2005 to deal with
both applications. If the issues are resolved between the applicant and
the Town by that time, the Ontario Municipal Board may hear evidence and make a
final decision on both applications at that time. If the issues are not
resolved, then the Ontario Municipal Board will determine procedural matters
for the hearing of the applications (including the scheduling of a further date
for a hearing) at the June 2, 2005 Pre Hearing.
Separate Public Meetings have been held
for both applications
The Secondary Plan amendment application to redesignate the lands from
Neighbourhood Commercial to Low Density Housing was submitted in May 2004. The proposed designation would permit single
detached, semi-detached and street townhouse units. A public meeting was held on September 7,
2004 and at that meeting Committee
referred the application back to staff for a report and recommendation and also
recommended that staff and the Ward Councillor arrange a community meeting to
discuss this application.
A community information meeting was held on October 13, 2004 to discuss a number of applications proposed within
the Legacy Community, including the Minto application. The vast majority of the Legacy residents at
the meeting indicated that they favoured Minto’s
proposal given that shopping opportunities are anticipated on the lands zoned
Business Corridor area within the Box Grove development at the northeast corner
of the future 9th Line By-Pass and the future employment collector
(Figure 2).
The rezoning application was submitted by the applicant in December, 2004. In support of the rezoning application the applicant submitted a concept plan showing 10 single detached dwellings
reversed to Rouge Bank Drive and 9th Line. Staff
suggested to the applicant that a more desirable built form for the subject
lands would be a row of lane based townhouses with frontage onto Rouge Bank Drive
with the remainder of the lands being developed with single or semi-detached
units subject to the density provisions of the Secondary Plan. The townhouse units could be designed to
accommodate at grade commercial and provide a commercial focal point for the
Legacy community, in accordance with the emerging Neighbourhood Commercial
strategy.
Further,
staff had noted that the property is also well positioned to accommodate a
higher intensity mixed-use building such as a low rise senior’s apartment
building with some at grade commercial opportunities along the Rouge Bank Drive
frontage. Such a development, with
proper architectural treatment, could enhance the entrance to the Legacy
community.
At the Public Meeting for this application, which was held on April 5, 2005, the various development concepts for the site were
noted. Representatives of the Legacy
Ratepayers Group, as well as a number of members of Council spoke in favour of
developing single detached dwellings at this location. Members of Council, however, also supported
staff’s suggestion that some limited retail permission be
provided for at this location, to serve the needs of the Legacy community, in
the event such need arises in the future.
The proposed retention of some commercial option at this location is
discussed in greater detail below.
OPTIONS/DISCUSSION:
Single detached units can be supported, provided
a limited commercial option is retained
As noted above, the applicant’s goal is to accommodate single detached
units at this site. The concept plan
submitted with the rezoning application showed 10 single detached units on a
cul-de-sac. This configuration would
result in units backing onto Rouge Bank Drive. The lands are at the entrance
to the Legacy Community and it is staff’s position that the architecture and
layout of this site should engage the streetscape, particularly Rouge Bank Drive, by providing an appropriate relationship between the
buildings and the street.
Again, as noted above, an option suggested by staff called for a row of
townhouses fronting onto Rouge Bank Drive with one of the units being zoned to permit limited commercial uses
within the first floor. It was felt that
a single detached unit would not be conducive to the type of commercial now
envisioned for this area, as the floor plate of a single detached dwelling may
be too big to accommodate the type of limited commercial anticipated for this
area. This could result in a mix of
commercial and residential uses on the first floor, which is not desirable from
a commercial or residential point of view.
Much of the area residents’ opposition to the Townhouse option suggested
by staff involves the question of compatibility with the existing single family
homes in the area. It is staff’s
position that townhouses are compatible with single family homes as they are
both forms of low density housing.
However, given the views presented by the area residents and members of Council
at the Public meeting of April 5th, staff
is prepared to recommend that the lands be redesignated and rezoned to permit
all single family dwellings, subject to the end lot, at the northeast corner of
Rouge Bank
Drive and Russell Jarvis Drive being given dual zoning. The dual zoning would not mandate
the commercial uses and would allow the applicant to develop the lands for
residential purposes in the immediate time frame. The
zoning, however, would allow limited commercial uses
within the specified unit as an option, to serve the Legacy Community with
convenience commercial uses, if and when the need arises.
Townhouses,
with their smaller floor plate are generally more conducive or practical for the
type of ground floor “corner store” model suggested at this location. However, under the circumstances it is felt
that an appropriately designed smaller single family dwelling can accommodate
commercial uses on the first floor and also satisfy the need.
The attached concept plan for future
development of the site is considered acceptable
A conceptual plan which, in staff’s opinion would allow the development
of the site in an acceptable manner is attached as Figure 4. The plan calls for a number of rear lane
based single detached lots fronting onto Rouge Bank Drive, with the remainder of the lots fronting onto a new
public road at the north end of the site.
Due to the centre median on Rouge Bank Drive and the proximity of 9th Line, the lot
that has the best potential, from an access point of view, for future mixed use
development is the lot at the corner of Rouge Bank Drive and Russell Jarvis Drive. As shown on
Figure 4, this lot is designed to be wider than the remaining lots and has the
potential to accommodate parking on the flankage yard adjoining Russell Jarvis Drive. The wider
yard may also accommodate a screened garbage enclosure in the future, if
necessary.
In order to ensure that this lot is developed to accommodate
potential commercial uses in the future, site plan approval will be required
for this lot.
The conceptual plan does not allow significant landscaping along the Rouge Bank Drive frontage to complement the landscape strip on the
south side of Rouge Bank Drive, across from the subject site.
The applicant has been requested to provide a significant area for
landscaping at the northwest corner of Rouge Bank Drive and 9th Line.
Draft Secondary Plan and zoning by-law amendments
are attached
The draft
Secondary Plan redesignating the subject lands from Neighbourhood Commercial to
Low Density Housing is attached to this report.
It reflects the commercial permission for the future lot at the northeast
corner of Russell Jarvis Drive and Rouge
Bank Drive.
The proposed
zoning of the subject site is based on the principles of the “corner store”
model developed through the Neighbourhood Commercial Strategy, with the
exception that the proposed zoning here does not make commercial uses
mandatory. The permitted commercial uses
at this location are also proposed to be limited to retail stores, private home
day care and personal service shops, all within the first storey.
In addition, the
zoning will require that all units fronting onto Rouge
Bank Drive be rear lane
based with vehicular access only from the rear lane. Parking in the flankage yard will be
permitted for the corner lot with commercial potential if and when the dwelling
is converted to a mixed use building. The
units fronting onto the proposed new road to the north will have the option of
developing with either front garages or rear lane access. A future application for approval of a draft
plan of subdivision will determine the nature of these north units (front load
or rear lane). The draft by-law also
zones the north west corner
of 9th Line and Rouge Bank Drive as
open space.
The proposed zoning
of the property contains a Hold (H) provision which will only be lifted once
servicing allocation is available. The
removal of the Hold provision on the corner lot intended for future mixed-use
development will also be conditional on obtaining site plan approval. The draft By-law is attached to this report.
Servicing allocation required
Servicing allocation for the
proposed development is not available at this time. Servicing allocation cannot be granted until sufficient allocation
from the Region has been provided to the Town.
At this time, given the continuing servicing constraints, any allocation
provided to the Town will be distributed on the basis of the criteria for
distribution endorsed by Council or in accordance with other such policies that
may be established for allocation to individual projects.
FINANCIAL CONSIDERATIONS:
There are no financial implications for the Town in
this report.
BUSINESS UNITS CONSULTED AND AFFECTED:
The applications were circulated to internal
departments (Fire, Building, Engineering, Design, Waste Management), and
external agencies for comments.
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Valerie
Shuttleworth, M.C.I.P., R.P.P.
Director
of Planning & Urban Design
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Jim Baird, M.C.I.P., R.P.P.
Commissioner
of Development Services
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FIGURE
1
FILE NO.: Q:\Development\Planning\APPL\OPAPPS\04 013980 Minto
Markham\DSC_May17_2005.doc
ATTACHMENTS:
Figure 1: Location Map
Figure 2: Area Context/Zoning
Figure 3: Aerial Map
Figure 4: Conceptual Site Plan
Figure 5: Realignment of 9th Line
APPLICANT
AGENT: Vince Santino 905-470-3190 ext 225
Project Manager, Land Development
Minto Communities (Toronto) Inc.
275 Renfrew Drive, Suite 103
Markham, Ontario
L3R- 0C8
