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TO: |
Mayor and Members of Council |
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FROM: |
Jim
Baird, Commissioner of Development Services Valerie Shuttleworth, Director of Planning
& Urban Design |
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PREPARED BY: |
Elisabeth
Silva Stewart, Senior Policy Planner |
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DATE OF MEETING: |
2005-Apr-05 |
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SUBJECT: |
Neighbourhood
Commercial Strategy for the New Urban Areas |
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RECOMMENDATION:
That the report dated April 5, 2005, entitled “Neighbourhood Commercial
Strategy for the New Urban Areas”, be received;
That the Strategy described in the report be endorsed;
That Development
Services Committee authorize staff to proceed with implementing the
Neighbourhood Commercial Strategy as outlined in this report;
And that Development
Services Commission staff, together with Finance staff, report back on the
potential financial impact of deferring development charges and cash in lieu of
parkland, or other financial incentives to support the implementation of the neighbourhood
commercial sites identified in the proposed Strategy.
PURPOSE:
The purpose of this report is to describe the proposed Neighbourhood
Commercial Strategy presented to the Commercial Policy Review Committee in the
Fall of 2004. The Commercial Policy
Review Committee recommended that staff report directly to Development Services
Committee for direction to proceed.
EXECUTIVE SUMMARY:
The Town’s Secondary Plan policies create
numerous opportunities for new neighbourhood retail/service development within
the new urban areas of the Town (OPA No.5 areas). Neighbourhood commercial uses are permitted,
to accommodate local neighbourhoods with a place to shop, function as community
focal points, and enhance community structure.
However, to date there has been limited implementation by the
development industry of the opportunities created by the Town for neighbourhood
commercial centres.
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. Among the findings and recommendations of the
review was that a critical community building block such as the neighbourhood
commercial centre should not rely on the serendipity of the market to respond
to the commercial and mixed use policies of the Town’s Secondary Plans. The study recommended that the Town identify
in Secondary Plans key locations where a minimum number or 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 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.
Proposed Strategy
The strategy outlined in this report involves taking specific actions
corresponding to the circumstances in individual planning areas. These actions may include developing new
policy or zoning, implementing current zoning or monitoring development already
approved.
The Secondary Plan process for the new Highway 404 North Planning
District, which is underway, will continue and a neighbourhood commercial area
will be identified. Future zoning will
be required to implement the future secondary plan policies.
Secondary Plan amendments are required for Angus Glen
and Greensborough to require a minimum gross floor area of neighbourhood retail/service
uses within the Community Amenity Area identified in the Angus Glen Planning
District and within the Village Square area of the Greensborough Planning
District. Zoning Amendments are also
required in these two areas to implement the Secondary Plan amendment policy
changes. The minimum gross floor area
and uses will vary by Secondary Plan area and will be identified by staff after
consulting with land owners. Staff will
report back to Development Services Committee in separate reports which focus
on each individual area/location.
It will be necessary to ensure that the policies related
to the provision of retail uses in several Secondary Plans are implemented
through zoning. These include Cathedral,
Berczy, and Cornell Secondary Plans.
Furthermore, it is proposed to attempt to ensure that
applications or proposals such as those in Wismer Commons, Rouge Northeast
(Legacy) and Swan Lake Planning Districts, which are seeking the removal of neighbourhood
retail/service uses in favour of strictly residential use, are addressed in a
manner that will continue to make provision for neighbourhood retail/service
opportunities.
It is recognized that many developers/builders are
reluctant to commit to the provision of neighbourhood retail/service uses in
the new urban areas. This reluctance
relates to the market demand for retail development only later in the build out
of a community, when a significant number of residents are living in the
immediate area. Staff has begun to look
at incentives to support and encourage the early provision of these
neighbourhood retail services. These possible
incentives include: the use of the new NC3 Zone; requiring a built form which can
accommodate mixed-use; reducing parking standards for neighbourhood
retail/service uses; and prioritizing servicing allocation to mixed-use
neighbourhood retail/service uses and, possibly, to those mainly residential
developments which incorporate the construction neighbourhood retail/service
uses. Financial incentives to be
reviewed include deferring Development Charges and cash-in-lieu of parkland payments
or providing a flexible payment plan; and/or reducing the cash-in-lieu of
parkland requirements.
BACKGROUND:
Need for community focal
points to be developed in the new urban area
One of several commercial policy challenges facing Markham has been the limited up-take by the development industry on opportunities for new neighbourhood
retail/service development within newly developing communities in the new urban
areas of the Town (OPA No. 5 areas). These designated neighbourhood commercial centres need to be implemented
to provide a basic retail service to residents and to help new communities
establish a community focus. The Community
Amenity Area category in the new urban area Secondary Plans introduced a new
and widespread opportunity for what many Markham residents wished to see:
mixed-use, pedestrian oriented, smaller-scale retailing. Many new Secondary Plans introduced the
Community Amenity Area designation as the opportunity to accommodate neighbourhood
retail/service development. However,
there has often been a lack of market up-take of the retail opportunity, and
the lands have generally been developed exclusively with residential uses. There is a need for
the Town to take a more proactive role in facilitating the development of neighbourhood
retail/service development, to form local focal points within the new
communities.
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.”
Study finds local commercial strategy
needed in the new urban area
In 2004, the Town commissioned John Winter to review the commercial
policies in the Official Plan. The Review of Markham’s Commercial Policies
(RMCP) confirmed that there are trends and pressures in retailing that
impact some of the Town’s policies.
The RMCP
noted that a critical community building block such as the Neighbourhood
Commercial Centre should not rely on the serendipity of the market to respond
to the Town’s mixed-use policies of the Community Amenity Area designation. The market up-take for neighbourhood
retail/service development has not been occurring, to the extent required, particularly
along the Bur Oak spine of the new urban areas.
The RMCP explained that
this has, in part, occurred due to the short term value of residential land
being higher than commercial land, and due to developers looking for short-term
returns on residential development, rather than a longer-term return from a
commercial investment. Fragmented land
ownership (as opposed to ‘master planned’ communities under a single
developer/builder), and an apparent unwillingness of developers to underwrite
and support retail development ahead of residential build-out have also been
mitigating factors. The result is that
even at good locations within the Community Amenity Area category of
designation (such as arterial intersections), there is no guarantee as to if or
when a sufficient amount of commercial space will be built. The Town has had no formal mechanisms in
place to encourage or require the “community” commercial development needed on
a daily or weekly basis by the consumers living within the general vicinity.
The RMCP
recommended that the Town must specify, in Secondary Plans, key locations where
a minimum number of Neighbourhood Commercial and Community Commercial
retail developments should be in order to assure basic future service for its
residents.
Staff reported on the findings of the RMCP to Development Services Committee (DSC) on May 18th,,
2004. Among the recommendations was that staff review opportunities to secure neighbourhood commercial
centres in the newly developing Secondary Plan Areas of Official Plan Amendment
No. 5, and report back to Development Services Committee with appropriate
recommendations, including possible amendments to Secondary Plans and Zoning
By-laws to
implement the recommendations of the RMCP. Development Services Committee referred the
matter to a Committee set up to review all the RMCP policy recommendations.
Commercial Policy Review Sub
Committee considered strategy
The proposed Neighbourhood Commercial Strategy was presented and
discussed at the Commercial Policy Review Committee on September 29, 2004. The Committee recommended that staff review
the comments made by the Commercial Policy Review Sub Committee regarding the
Neighbourhood Commercial Strategy, and report to the Development Services
Committee to obtain direction to proceed with the Strategy.
Building “Complete
Communities”
The proposed Neighbourhood Commercial Strategy is
consistent with the Draft Growth Plan for the Greater Golden Horseshoe which
lists several principles for guiding decisions on how land is developed. One of these principles is to build “complete
communities” that provide sustainable housing and transportation and enhance
quality of life. “Complete communities”
have an identifiable centre and provide local communities with services along
with an appropriate mix of jobs, a full range of housing, recreational and
cultural opportunities for their residents.
Neighbourhood retail/service uses help to complete communities.
OPTIONS/DISCUSSION:
Strategy Approach
The Neighbourhood Commercial Strategy was constructed by examining all
the Secondary Plan policies and associated zoning within each of the Secondary
Plans within the newly developing urban areas.
The Secondary Plan process used for each of these plans identified where
neighbourhood retail/service development was appropriate, and the assumption
made in this strategy that these locations continue to be the appropriate
places for this form of development to occur.
Through this exercise it became evident that there are areas where there
is risk of no neighbourhood retail/service development due to the permissive,
“mixed-use” nature of the secondary plan policies and zoning. The Strategy outlined in this report identifies
where Secondary Plan Amendments should be considered to secure a minimum
number or amount of gross floor space for neighbourhood retail/service
development, and where implementing zoning by-law amendments for the same are
recommended. The minimum gross floor area and uses
will vary by Secondary Plan area and will be identified by staff after
consulting with land owners. Staff will
report back to Development Services Committee in separate reports which focus
on each individual area/location. Finally, where the policies and zoning have
adequately protected for neighbourhood retail/service development, the Strategy
identifies that these policies and zoning standards should be retained.
Markham Centre and Times-Galleria are not included in this Neighbourhood
Commercial Strategy because neighbourhood retail/services for residents are available
or being provided through current planning approvals.
This Neighbourhood Commercial Strategy also has not included
alternatives in the case of South Unionville, because there is still ample opportunity
available within the Community Amenity frontage along Kennedy Road for
provision of neighbourhood retail/service uses to serve this planning district. In fact, there are eight mixed use units which
incorporate neighbourhood retail/service uses at grade and residential uses
above grade within the Andrin Kennedy Homes townhouse development at the
intersection of Castan and Kennedy.
Furthermore, the immediate proximity to the existing Highway 7
commercial opportunities also contributes to the retail needs of this planning
district.
Finally, in accordance with the conclusions of the Review of Markham’s Commercial Policies, this Neighbourhood
Commercial Strategy is not intended to address the provision of larger scale
retail/service uses.
This Neighbourhood Commercial Strategy also includes
consideration of incentives to support and encourage the provision of these
neighbourhood retail services. These
incentives may include: the use of the new NC3 Zone; requiring a built form
which can accommodate mixed-use; reducing parking standards for neighbourhood
retail/service uses; and prioritizing servicing allocation to mixed-use
neighbourhood retail/service uses and possibly to those mainly residential
developments which incorporate the construction neighbourhood retail/service
uses. Financial incentives to be
reviewed include deferring Development Charges and cash-in-lieu of parkland
payments or providing a flexible payment plan; and/or reducing the cash-in-lieu
of parkland requirements.
Highway 404 North Planning District
Official Plan Amendment No.113 identified a site that could accommodate neighbourhood
retail/service uses (Figure 1 – APPENDIX A).
The Highway 404 North Secondary Plan is currently being developed. The exact category of designation and the
particular policies to be applied to the subject lands will be determined
through the secondary plan process.
Implementing zoning will proceed at a later date.
PROPOSED STRATEGY: Continue with the current Secondary Plan process and
incorporate provisions ensuring adequate neighbourhood retail/service uses into
the Secondary Plan and Zoning.
Cathedral Planning District
A recent amendment to the Cathedral Community Secondary
Plan (Official Plan Amendment No.123) has identified a central core area where
retail/service uses will be required at grade (Figure 2 – APPENDIX A). There is no option for residential uses at
grade. These lands are designated Community
Amenity Area in the Official Plan, and Cathedral Precinct and Community Amenity
Area – Main Street in the Cathedral Secondary Plan. This area will provide ample opportunity for neighbourhood
retail/service uses to integrate into the community. Official Plan Amendment No.123 was adopted on
July 1, 2004 and is currently before the Region awaiting approval.
Implementing zoning will proceed at a later date.
PROPOSED STRATEGY:
Continue with the current Secondary Plan Amendment (No.123) process, and
ensure the zoning will implement the policy intent for the area.
Angus Glen Planning District
The Angus Glen Secondary Plan includes one site
designated Community Amenity Area I (Figure 3 – APPENDIX A). Permissions for this site include both the commercial
uses as contemplated by the Official Plan as well as residential development in
the form of apartment dwellings.
The site is zoned CA1(H) in Zoning By-law 177-96 and could
permit a range of residential, community retail and service uses.
This site has not yet developed. We have recently been advised by Angus Glen
(Kylemore) that they are preparing preliminary design drawings for a
retail/office development at this location.
PROPOSED STRATEGY:
Continue discussions with the owner with regard to development of neighbourhood
retail/service uses, including an option to mandate retail at grade. Following these discussions, staff will
report further on the need for a Secondary Plan Amendment and/or Zoning By-law
Amendment.
Berczy Planning District
Figure 4 (APPENDIX A) illustrates 6 possible sites
within the Berczy Secondary Plan for neighbourhood retail/service uses.
Sites 1 and 2
Sites 1 and 2 are designated COMMERCIAL (Community
Amenity Area) in the Official Plan and Community Amenity Area – Arterial in the
Secondary Plan. Permissions include
commercial uses as contemplated by the Official Plan, and the Secondary Plan
requires that these sites shall include 5600 to 8400 square metres of retail,
personal service and related entertainment uses designed to fulfil the weekly
shopping needs of the surrounding community.
The zoning for Site 1 is not yet in place, however Site
2 is zoned CA1*103 (H) in Zoning By-law 177-96 and permits a commercial
shopping centre of 3000 square metres subject to the removal of the (H) (no
residential permission).
Site 2 has received site plan approval and is in the
Site Plan Agreement stage. The Site Plan
Agreement has not been executed. There
is no activity on Site 1 yet.
PROPOSED STRATEGY FOR SITES 1 AND 2: Retain the policies and zoning requirements
for Site 2, and ensure that the future zoning for Site 1 implements the policies
of the Secondary Plan relating to the required commercial development.
Site 3
Site 3 is designated URBAN RESIDENTIAL in the Official
Plan and Urban Residential in the Secondary Plan and permitted uses include the
range of urban residential uses, except retail service uses.
The implementing zoning is not yet in place. This site is being used as an active farm.
PROPOSED STRATEGY FOR SITE 3: The potential for neighbourhood
retail/service opportunities on Site 3 will be addressed in the context of the
Community Design Plan and reviewed through future draft plan of subdivision and
zoning approvals required before the lands may be developed, when the owners
are ready to proceed.
Site 4
Site 4 is designated Neighbourhood Commercial Centre in
the Secondary Plan. Permitted uses are
based on the provisions of the Official Plan and Secondary Plan, which provides
for neighbourhood retail/service uses.
The zoning implements the policies of the Secondary Plan
- the site is zoned NC1 (H) in Zoning By-law 177-96 and could permit a range of
neighbourhood retail/service uses.
There has not been any development application
received for this site yet.
PROPOSED STRATEGY FOR SITE 4: Retain and encourage
development under the current zoning and review possible incentives.
Wismer Commons Planning District
Figure 5 (APPENDIX A) illustrates the opportunity
available within the Wismer Commons Secondary Plan.
The site is designated COMMERCIAL (Community Amenity
Area) in the Official Plan and Neighbourhood Commercial within the Secondary Plan. The Secondary Plan further states that retail
is not to exceed 500 square metres of gross floor area within the ‘Circle’
identified within the Secondary Plan. This
is the last remaining opportunity to provide commercial uses within the
‘Circle’ as all other Neighbourhood Commercial areas within the ‘Circle’ have
developed with residential uses.
There is currently no implementing zoning in
place.
The Town has received an application for subdivision
and zoning in which the proposed uses are residential.
PROPOSED STRATEGY FOR SITE 1: Enter into discussion with landowner to make
provision for at-grade retail at an appropriate location through the zoning
by-law amendment and the current development approval process and review
possible incentives.
Greensborough Planning District
The Greensborough Secondary Plan currently designates
its Village Square as Community Amenity Area – Central Corridor -- the Official
Plan designation is COMMERCIAL (Community Amenity Area) (Figure 6 – APPENDIX
A). The Secondary Plan provides that
among the permitted uses, the primary use of the lands may be for medium
density residential development. The
Community Design Plan identifies these lands as the Village Square, and it is intended
to be the commercial centre and central gathering place for the community. The Village Square retail/service strip is
integrated with the adjacent park as it encircles it. Together, the park and the retail/service
strip will function as a community focal point and gathering place for the
community.
The zoning permits both residential and retail uses. The area is zoned CA2*138 (H) in Zoning
By-law 177-96 which could permit a range of residential, community retail and
service uses.
The Village Square retail /service strip portion is
undeveloped and no application has been received for the site. The park portion of the Village Square is
developed.
PROPOSED STRATEGY:
Recognizing the current permissive policies and zoning in place, the
proposed strategy is to amend the Secondary Plan and Zoning By-law to require a
minimum gross floor area of at-grade neighbourhood retail/service uses within
the Village Square. Staff have initiated
discussion with the Greensborough Developer to ensure that the Village Square
objectives of the Secondary Plan and Community Design Plan are implemented and
include a strong component of retail use.
Staff will also examine which possible incentives might assist in
securing these objectives.
Swan Lake Planning District
The Swan Lake commercial site (Figure 7 – APPENDIX A)
is designated URBAN RESIDENTIAL in the Official Plan and designated
Neighbourhood Commercial in the Secondary Plan.
Permitted uses are those listed in the Official Plan provided they front
on the road in a main street fashion, and shall front on the adjoining local
road with no access from 16th Avenue.
The lands are zoned NC1*3 in Zoning By-law 177-96 which
permits neighbourhood retail/service uses (no residential uses permitted).
A site plan application was approved in September
2002, to develop the east side as Neighbourhood Commercial Centre, however, the
site plan agreement has not yet been executed and the approval will lapse in
September of 2005. The west side is yet
to be developed.
PROPOSED STRATEGY: Retain and implement the current policies and
zoning for each of the two sites, and review possible incentives.
Cornell Planning District
The Cornell Secondary Plan identifies and designates
several sites for neighbourhood commercial uses illustrated in Figure 8
(APPENDIX A). These neighbourhood
centres are to be the pedestrian oriented focal points of each respective
neighbourhood, in keeping with the new urbanism master plan for Cornell.
Site 1
Site 1 is designated URBAN RESIDENTIAL in the Official
Plan and Neighbourhood Centre in the Cornell Secondary Plan. It has been appropriately developed with a
mixed use project with retail at grade level and residential apartments above, known
as the “Cornell Mews” (APPENDIX B). The
secondary plan’s intent that this site accommodate a range of medium density
residential and a limited amount of convenience retail, personal service and
business activity at-grade has been met.
This site is zoned NC2*6 in Zoning By-law 177-96 which
permits a range of neighbourhood retail/service uses at-grade and residential
uses above grade.
The site is fully developed since 1999.
PROPOSED STRATEGY FOR SITE 1: Retain the current policies and zoning. This site provides a good example of how a
street oriented, mixed use development with retail at grade, and integrated
with adjacent parkland, can provide a true focal point for a residential
neighbourhood (see APPENDIX B).
Site 2
Site 2 is designated COMMERCIAL (Community Amenity
Area) and Community Amenity Area – Corridor in the Secondary Plan. This designation
permits residential, commercial and institutional development in medium and
high density residential buildings, office and institutional buildings. The intent of the secondary plan is that
retail, service and office uses and institutional uses be accommodated on the
ground floor of residential or office buildings.
Site 2 is zoned R2*163*190*210 in By-law 177-96 and permits
a range of neighbourhood retail/service uses at-grade and residential uses
above grade.
This site is not yet developed. This site is part of the Metrus development.
PROPOSED STRATEGY FOR SITE 2: Retain and implement the
current policies and zoning and encourage the provision of at-grade retail
through the site plan process.
Sites 3, 4 and 5
Sites 3, 4 and 5 are designated URBAN RESIDENTIAL in
the Official Plan and Neighbourhood Centre in the Secondary Plan. It is
intended that these sites accommodate a range of medium density residential and
a limited amount of convenience retail, personal service and business activity
at grade in a “corner store” format.
Site 3 is zoned R2*190*193*257 in By-law 177-96 and
permits convenience retail stores, retail stores and restaurants with a maximum
floor area of 120square metres per premises only in the first storey of a
building; not more than 2 dwelling units
are permitted provided they are located above the 1st storey. Site 3 has not yet been developed, but is
part of the Cornell Rouge development.
Sites 4 & 5 are have not yet been zoned.
There is now a new NC3 Zone Category in By-law 177-96
which was modelled after Site 2 and 3 and will facilitate zoning new “corner
store” sites within the new urban areas.
PROPOSED STRATEGY FOR SITE 3: Retain and implement the
current policies and zoning
PROPOSED STRATEGY FOR SITES 4 AND 5: The new NC3 Zone
in By-law 177-96 should be applied to Sites 4 and 5 to implement the Secondary
Plan.
Site 6
Site 6 is designated COMMERCIAL (Community Amenity
Area) in the Official Plan and Community Amenity Area – Corridor within the
Secondary Plan and is commonly referred to as the Mattamy live/work product
line. This designation permits
residential, commercial and institutional development in medium and high
density residential buildings, office and institutional buildings. The intent of the secondary plan is that
retail, service and office uses and institutional uses be accommodated on the
ground floor of residential or office buildings.
Site 6 was zoned to permit 53 Live-Work townhouse units along both sides
of Bur Oak Avenue with a variety of commercial type uses in the ground floor
component of each building, and with permission for a café/restaurant type use
for the 2 lots that have direct exposure to the central parkette on Bur Oak
Avenue. The zoning categories used are CA3*191*255 and CA3*191*255*256 which
permit a range of residential, and retail and service uses at-grade.
Some of these
units have been sold but are not yet developed.
Appendix C provides floor plans and elevation drawings of this product
line to illustrate what these units will look like.
PROPOSED STRATEGY
FOR SITE 6: Retain and implement the current
policies and zoning, and encourage this type of mixed use product to be
introduced in other areas within the Town.
Box Grove Planning District
Figure 9 (APPENDIX A) illustrates the three possible
Box Grove Secondary Plan sites. Sites 1,
2 and 3 are located along 14th Avenue at the realignment of 9th
Line and are designated COMMERCIAL (Community Amenity Area) in the Official
Plan and Community Amenity Area - Village Centre in the Secondary Plan. The intent of the secondary plan designation
is that the Village Centre is expected to become the central urban focus of the
district and provide opportunities for development of single use and mixed use
buildings and projects. This designation
permits the COMMERCIAL (Community Amenity Area) uses listed in the Official
Plan with the exception of hotels, motels, night clubs, automobile service
stations, car washes, funeral homes, automobile repair uses and banquet halls.
Generally, the zoning requires commercial uses at
grade with residential uses above. Sites
1, 2 and 3 are zoned CA1*228, CA1*231 and CA1*233 respectively in By-law 177-96
and permitted uses include a range of neighbourhood retail/service uses
at-grade and residential uses above grade.
Sites 1 and 2 will be home to moved heritage
buildings. The heritage building for
Site 1 has already been moved and will receive site plan approval shortly. The heritage building for Site 2 has not yet
been moved. None of these 3 sites are
yet developed.
PROPOSED STRATEGY: Retain and implement the current
policies and zoning including reviewing possible incentives.
Rouge Northeast Planning District
Figure 10 (APPENDIX A) illustrates two sites within the
Rouge Northeast secondary plan designated for neighbourhood commercial uses.
Site 1
Site 1 is designated URBAN RESIDENTIAL in the Official
Plan and Neighbourhood Commercial Centre in the secondary plan. The permitted uses are those listed in the
Official Plan.
The site is zoned NC1*17 (H) in By-law 177-96 which could
permit a range of neighbourhood retail/service uses.
The
property currently has access onto Rouge Bank Drive and 9th
Line. The 9th Line is proposed to be realigned south of
Highway 407 to the east around the existing Box Grove Hamlet, and this By-Pass is
expected to be completed by Spring 2006. When the 9th Line
By-Pass is constructed, access from the property to 9th Line will be
eliminated. The viability of this commercial site, particularly for a
conventional commercial plaza, may be affected by the lack of visibility from a
major road such as the 9th Line By-Pass. Also, when the 9th Line By-Pass is
completed, the 9th Line right-of-way north of Rouge Bank Drive will
no longer be required for road purposes by the Region of York and would be
downloaded to the Town. The 9th Line right-of-way north of
Rouge Bank Drive is proposed to provide a road connection to a future
transitway proposed west of 9th Line, south of Highway 407, within
the Legacy Secondary Plan area.
This site was subject to a Secondary Plan Amendment
and Zoning Amendment Application to re-designate the site to Urban Residential and
to use the site for exclusively single detached residential purposes which is
currently before the Ontario Municipal Board under appeal.
PROPOSED STRATEGY FOR SITE 1: The objective for this
site is 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.
Site 2
Site 2 is a Town owned building known as the “Club House”,
which functions as a small scale community centre and the club house for the
Town Owned Markham Green golf course.
The site is designated OPEN SPACE and HAZARD LANDS within the Official
Plan and Neighbourhood Commercial Centre in the Secondary Plan. The Secondary Plan policies related to Open
Space and Hazard lands apply to this site as well as the use permission of the
Neighbourhood Commercial Centre in the Official Plan. The Secondary Plan also identifies some
additional use permissions.
The site is zoned NC1*14 in By-law 177-96 which permits
a range of neighbourhood retail/service uses in addition to other uses.
The building currently functions as a Community Centre
(Rouge River Community Centre) with meeting rooms and a public swimming pool,
and a snack bar and registration desk for the golf course. There is no indication that it will be redeveloped
with any greater focus on retail/service uses in the future.
PROPOSED STRATEGY FOR SITE 2: Retain the current policies and zoning at
this time. The Town does have the option
in the future of considering additional neighbourhood retail/service uses in
this Town owned building should the opportunities in Site 1 be lost.
Need for Incentives
to support the strategy
It is recognized that this strategy alone may not be
enough to realize the development of neighbourhood commercial centres, as
desired. In addition to the planning strategy
to be pursued for each site, discussed above, possible incentives, as further
encouragement have been reviewed.
Reduction in Property Taxes
There is no immediate or practical way to reduce municipal tax
requirements for the new retail component of these new neighbourhood retail
service uses. There is no “small retail” property class in existing
assessment legislation that could be used to reduce taxes to this type of development
at this time. (The Province of Ontario is considering implementing a “small
retail” property class, but has not enacted amended legislation or regulations
to do so). Alternatively, the ability to tax different assessment levels
in the commercial and industrial property classes (graduated rates) at
different tax rates does exist in current legislation, but has the effect of
increasing the taxes for the larger businesses (e.g. shopping malls) in these
classes, and/or shifting tax burden to the residential class. The reduced
rate also would only apply to the Town and Region share of the taxes (30%), as
there is no reduction permitted on the Provincially controlled education
portion (70%). In any case, the authority to implement graduated rates is with
the Region of York Council and would be in effect for all nine York Region
municipalities. Staff is not recommending this option be pursued as it is
not an appropriate or practical incentive.
Defer Development Charges
Deferral of Development Charges for neighbourhood
retail/service use sites identified in this report may assist in making the
development of retail uses more attractive to developers/builders. This practice may also be supplemented by a
flexible phased repayment plan. Use of
this incentive would allow small retail/service uses to become established
early on, and only begin to pay for the development charges after the initial
start-up expenses are dealt with.
Relax cash-in-lieu of parkland policy
Another possible financial incentive is to adjust the
Town’s cash-in-lieu of parkland policy.
Payments might be deferred and phased in a flexible payment plan or
reduced, or a combination of the two.
New NC3 Zone
As mentioned in the discussion for sites 2 and 3 in
the Cornell Planning District, there is now a new NC3 Zone Category in By-law
177-96 which was modelled after corner store sites in Cornell. This new zoning category facilitates the
zoning standards for corner “store” by reducing the parking requirements for
the retail component of a mixed use building with retail or restaurant uses at
grade. This new zone can now be used
throughout the By-law 177-96 area which encompasses the entire new urban area.
Reduced parking requirements for Neighbourhood
Commercial sites
As noted, the new NC3 Zone reduces the parking
requirement for the retail portion of a mixed use development. Further review
of possible parking reductions will be reviewed elsewhere as staff move forward
with the implementation of the Neighbourhood Commercial Strategy.
Build for mixed-use
Requiring or providing for “mixed-use” built form,
with retail on the ground floor of a residential or office development may also
create an incentive for delivery of neighbourhood retail/service uses. This built form and mix of uses could provide
an alternate revenue stream, (residential and/or office rental income) until
the retail uses are established. The new
“live/work” product being developed in the Cornell Planning District provides
for some potential for securing future retail at grade. However, this built form will be reviewed as
incentive for other sites, where retail uses will be mandated through zoning.
Servicing Allocation
Another possible incentive is to prioritize servicing
allocation to those mixed-use neighbourhood retail/service uses which include
at grade retail with residential uses above (such as the Village Square area of
Greensborough). The Town should also
consider giving priority to servicing allocation for residential development
where the delivery of neighbourhood retail/services uses are a component incorporated
in the development. In this case, the
timing of allocation to residential uses may be linked by an agreement to the
timing of the construction of the neighbourhood retail/service uses.
FINANCIAL CONSIDERATIONS:
Development Services Staff has consulted with staff from the Finance
Department. The possible financial
incentives outlined above, have been developed following that
consultation. Should Council consider it
appropriate, staff will report back on a detailed financial incentive program,
in the form of Development Charges and cash-in-lieu of parkland deferrals.
ENVIRONMENTAL CONSIDERATIONS:
None at this time.
ACCESSIBILITY CONSIDERATIONS:
None at this time.
ENGAGE 21ST CONSIDERATIONS:
The basic strategy in this report
is to pursue policy and zoning opportunities for neighbourhood retail/service
uses, and to mandate such uses through zoning, where appropriate. We have also identified possible
opportunities for the use of Town lands to support the provision of small
scale, pedestrian oriented commercial development.
The recommendations of this report
are consistent with Corporate Goal No.4 “Managed Growth” and will contribute to
well-planned retail services to be provided to the residents of the new urban
areas within the Town of Markham.
BUSINESS UNITS CONSULTED AND AFFECTED:
Comments from Town departments will be addressed at the time of site
plan approval.
ATTACHMENTS:
APPENDIX A – Figures 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10.
APPENDIX B – Cornell Mews
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APPENDIX C – Mattamy Live/Rent |
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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 |
Q:\Development\Planning\MISC\MI491 Commercial Policy Review
2004\Reports\Neighourhood Commercial Strategy Report March 1.doc
