RECOMMENDATION:

That the staff report entitled “Proposed Business Corridor Area Official Plan Amendment” dated October 19, 2004, be received;

And that staff be authorized to schedule a Statutory Public Meeting to consider the proposed draft Business Corridor Area Official Plan Amendment.

PURPOSE:

The purpose of this report is to request Development Services Committee to authorize scheduling a Public Meeting to consider a proposed Official Plan Amendment intended to refine some of the policy provisions relating to the planned function of the Business Corridor Area category of the INDUSTRIAL designation.

EXECUTIVE SUMMARY:

In 2004, the Town commissioned John Winter to review the commercial policies in the Official Plan, and on April 21, 2004, the Review of Markham’s Commercial Policies (RMCP) was received by staff. The RMCP confirmed that there are trends and pressures in retailing that impact some of the Town’s policies. It was noted that there continues to be significant interest in establishing large scale retail facilities on lands in the Business Corridor Area. The RMCP also made recommendations on what amendments should be considered in order to bolster the planned function of this category of designation.

Staff presented the findings of the RMCP to Development Services Committee (DSC) on May 18^th. Among the recommendations included in the staff report was the recommendation to draft an Official Plan Amendment to implement the recommendations of the RMCP with regard to the Business Corridor Area category of designation. Development Service Committee referred the matter to a Sub Committee set up to review all the policy recommendations. The Sub-Committee has now referred the matter back to DSC to authorize staff to call a Public Meeting on the proposed Official Plan Amendment.

The proposed wording changes in the draft Official Plan Amendment implement the recommendations of the Winter Report to reinforce the planned function of the Business Corridor Area category of designation.

BACKGROUND:

Staff presented the recommendations of the Review of Markham’s Commercial Policies (RMCP) to Development Services Committee in staff report dated May 18, 2004, entitled “Markham’s Commercial Policy Review”. Development Services Committee referred all the staff recommendations of that report to the June 1, 2004 meeting of Development Services Committee, and subsequently, to a Sub Committee of Development Services Committee consisting of Mayor Cousens, Deputy Mayor Scarpitti, Councillor Virgilio and Councillor McKelvey. A series of Sub-Committee meetings have since been held on July 20, August 4, and September 29^th respectively where the various recommendations of the May 18^th staff report have been further examined.

On September 29^th, the Sub Committee passed a motion:

“That staff initiate an Official Plan Amendment to amend policies in accordance with the recommendations contained in the commercial policy review conducted by John Winter Associates Ltd., in order to preserve the planned function of the Business Corridor Area;

And that Development Services Committee call a Public Meeting to consider the proposed Official Plan Amendment.”

OPTIONS/DISCUSSION:

Need for a commercial policy review

The Town’s commercial policies have been in place for 10 years, and have generally been working well. Most development has followed the “planned function” of designations. However, staff has observed some conditions which suggested the need to review the commercial policies. Among these was an increase in applications that do not follow the planned function of the designations, especially in the Business Corridor Area.

John Winter Associates Limited was commissioned to review Markham’s commercial policies

In December, 2003, John Winter was commissioned to review and report on the status of Markham’s Commercial policies in the Official Plan and to comment on them. Among the various objectives of the Review of Markham’s Commercial Policies (RMCP) were the following two objectives which related to the Business Corridor Area category of designation:

§ To examine the rationale for the ‘size cap’ on individual premises in the Business Corridor and Community Amenity Areas. How relevant is the current 6000 square metres gross floor area cap in today’s market and that of the near future? What criteria might be used and what guidance might be offered in the analysis of any applications for exceeding this (or an amended) size cap?

§ To examine what type of retail uses should locate in the Business Corridor Area category of designation, and appropriate criteria to govern retail uses.

Pressures on Business Corridor Area category of the INDUSTRIAL designation

With respect to the Business Corridor Area category of designation, the RMCP confirmed that there are pressures on this category to accommodate large scale retail uses that were not intended to locate in the Business Corridor Area category of designation.

The provisions of the Business Corridor Area category of designation were established by OPA No.26 adopted by Council on October 25, 1994. The planned function of the Business Corridor Area category of designation is identified as:

“ …a mix of high quality business activities in corridors along major road frontages, primarily adjacent to industrial areas. Business Corridor Areas are intended for industrial and commercial uses that require the exposure offered by such locations in order to accommodate the business and service needs of companies and employees, and to accommodate, at appropriate locations, certain businesses that may also serve the general public. A high level of urban design is required to maintain the positive business image of the industrial area.”

It was never intended that the Business Corridor Area category should accommodate large format retail stores which primarily serve the retail needs of the general public. Large format retail facilities were intended to locate in the Major Commercial Area or Retail Warehouse Area categories of designation.

RMCP recommends reduction in store size cap, consistent with the planned function

One of the recommendations of the RMCP was to reduce the store size cap of 6000 square metres of gross floor area in the Business Corridor Area category of INDUSTRIAL designation to reinforce the planned function of this category. The RMCP concluded that the only large retailers that are relevant to the planned function are office supply stores and computer stores which may require up to 3000 square metres in gross floor area. Reducing the maximum retail store size to 1000 square metres, with the exception of office supply stores and computer retail stores with a maximum gross floor area of up to 3000 square metres, will ensure retail development that is consistent with the planned function of Business Corridor Areas.

Draft Official Plan Amendment to reinforce the planned function of the Business Corridor Area category of INDUSTRIAL designation

Staff has incorporated these recommendations into a draft Official Plan Amendment which will:

reduce the maximum gross floor area of any individual retail premise permitted in the Business Corridor Area category of the INDUSTRIAL land use designation to 1,000m² gross floor area (from 6000m²), with the exception of computer retail and office supply stores which may have a maximum of 3000 m²gross floor area; and,
clarify the wording describing the planned function of the Business Corridor Area category of the INDUSTRIAL land use designation to emphasise accommodating the business and service needs of companies and employees; and,
amend the listed permitted uses and conditionally permitted uses to those which are clearly in keeping with the designation’s planned function.

FINANCIAL CONSIDERATIONS:

None

ENVIRONMENTAL CONSIDERATIONS:

None

ACCESSIBILITY CONSIDERATIONS:

None

ENGAGE 21^ST CONSIDERATIONS:

Enhancing the policies of the Business Corridor Area category of INDUSTRIAL designation contributes to Engage 21^st Century Markham’s strategic direction that “THE TOWN WILL BE A LEADER IN THE EFFICIENT AND EFFECTIVE MANAGEMENT OF GROWTH”. Limiting the size of retail facilities properly implements the planned function of the Business Corridor Area category of designation of INDUSTRIAL land use.

The outcome of this proposed Official Plan Amendment will also contribute to Corporate Goal 4 – MANAGED GROWTH by ensuring this category of designation functions to accommodate the business and service needs of the nearby companies and employees they serve and, at appropriate locations, certain businesses that also serve the needs of the general public while maintaining a high level of urban design and a positive business image of the industrial area.

BUSINESS UNITS CONSULTED AND AFFECTED:

Not applicable

ATTACHMENTS:

Appendix ‘A’ - Draft Official Plan Amendment

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\MI491 Commercial Policy Review 2004\Reports\DSC October 19 2004.doc

		DEVELOPMENT SERVICES COMMITTEE


	TO:	Mayor and Members of Council

	FROM:	Jim Baird, Commissioner of Development Services Valerie Shuttleworth, Director of Planning & Urban Design

	PREPARED BY:	Elisabeth Silva Stewart, Senior Policy Planner, Policy and Research Division

	DATE OF MEETING:	2004-Oct-19

	SUBJECT:	Proposed Business Corridor Area Official Plan Amendment