RECOMMENDATION:
That
the report dated June 28, 2004, entitled “Recommendation Report, Ruland
Properties Inc. (The Remington Group) Peer Review and Draft Zoning By-law
Amendment” be received;
That
Council receive the comments from the Planning and Legal Consultants retained
to undertake a peer review of the Draft Zoning By-law Amendment, as discussed
in this report;
And
that the Markham Centre Zoning By-law (attached as Appendix A) be enacted.
PURPOSE:
The
purpose of this report is to apprise Members of Council on the status of the
peer review of the draft Zoning By-law, which was initiated after Draft Plan
approval was granted by Council in July, 2003, and to discuss the content and
format of the proposed Markham Centre Zoning By-law. The Zoning By-law is recommended for
enactment at this time.
BACKGROUND:
In
July, 2003, Council considered a staff report which recommended draft plan
approval and zoning by-law amendments for applications by the Remington Group
(Ruland Properties Inc.) to create their Downtown Markham project, which would
constitute the future downtown core of Markham Centre.
The
Downtown Markham project, at full build-out would provide for approximately
3,900 residential units, 362,750 square metres of office and business park
uses, as well as 33,755 square metres of retail floor area. This project also serves to deliver much of
the infrastructure required to support Markham Centre, including the easterly
extension of Enterprise
Boulevard through to the GO
line, the extension of Birchmount
Road south
from Enterprise Boulevard and the dedication of lands within the Rouge River
valley to the Town.
Council
adopted the recommendations of the report to conditionally approve the
applications. Council also authorized staff to proceed
with a peer review of the conditions of draft plan approval and the zoning
by-law and report back to Development Services Committee, prior to the
enactment of the zoning by-law.
DISCUSSION:
A
new Markham Centre Zoning By-law is proposed
As
discussed in the previous Remington staff report, in order to address the
mixed-use nature of this proposal, the extensive design and built form
criteria, and to accommodate the projected long-term build-out of these lands,
a new freestanding Markham Centre By-law is proposed. This by-law contains a set of definitions
which are consistent with those in other Town By-laws, but the structure of the
by-law, zone categories, performance and parking standards, and Hold (H)
provisions are exclusive to Markham Centre.
Other Markham Centre development approvals will be incorporated into
this by-law, and perhaps over time, the Markham Centre By-law will be
integrated into the Town’s zoning framework within the context of Urban
Expansion By-law No. 177-96.
Key
components of the by-law include a broad range of use permissions within the
downtown core, while prohibiting other inappropriate uses such as drive-through
facilities, gas bars, service stations, automotive/motor vehicle facilities,
outdoor storage and industrial uses. The
by-law is very flexible when it comes to permitted uses, while focusing on
minimum and maximum development standards needed to achieve desired urban
design, mixed-use, built form and transit-oriented criteria. Flexibility is provided to allow density to
be shifted within the plan area, provided the minimum and maximum development
standards are otherwise met.
Restrictions
on ground floor uses are identified in the by-law to ensure mixed-use buildings
generate the street animation required to create a vibrant downtown, by
limiting residential uses within the first storey, facing a street. Within the retail core of the plan, the
by-law includes provisions which require door and window openings within a
certain spacing to preclude large retail users from turning their back or sides
to a street.
Holding provisions are an integral
component of the By-law
Holding
(H) provisions are an integral component of the by-law and link each
development parcel back to the Development Phasing Plan. Of particular significance are the Hold
provisions relating to the phasing and the implementation of a parking strategy
for Markham Centre, and their role, in concert with the by-law’s parking
standards, in affecting a reduction in the total amount of long-term parking
available within the plan area, over time.
The by-law provisions restrict the location of parking areas to ensure
they don’t interfere with building placement, and anticipate that temporary use
by-laws may be used to exercise control over the location, amount, and length
of time that surface parking may be provided.
By-law regulates
parking supply, and recognizes short to mid-term market requirements
With respect to
parking, the by-law concentrates on supply, location, shared use, temporary use
permissions and holding provisions.
Parking regulation represents a key component of achieving the long-term
vision for a pedestrian friendly, urban, transit-supportive downtown. There has been significant discussions
regarding the emerging parking strategy for Markham Centre and the by-law
attempts to provide a mechanism to achieve the desired end-state over time,
well in advance of transit infrastructure being in place to make the end-state
a viable alternative from a market perspective.
The by-law
recognizes various tools (hold provisions, temporary use permissions,
cash-in-lieu of parking) that will assist in making the transition over the
long term to the end-state objectives.
None of these tools will, in and of themselves, be sufficient to achieve
the desired goals, and it is anticipated that the Town’s active participation
in the business of providing parking, will be needed over the long-term. With the exception of a cash-in-lieu of
parking by-law, these tools are currently available to the Town, and there is
nothing in this by-law, which requires the Town to be involved in the supply of
parking at this time. As Markham Centre
evolves, so will the Town’s role in regulating and/or supplying parking, and
this matter will be the subject of detailed review in concert with Council’s
consideration of the Parking Strategy and Financial Strategy Studies.
Below
is a summary of the major components of By-law:
1. The By-law establishes a series of
Markham Centre – Downtown (MC-D) Zones and Markham Centre – Public Space
(MC-PS) Zones. These two primary zone
categories are intended to apply to all lands within Markham Centre, and the
sub-zones further refine the permitted uses in each area.
2. A wide range of uses would be permitted
in each of the sub-zones, with the exception of the zone that applies to the
valleyland areas within Markham Centre.
It is the intent of the By-law to provide landowners with flexibility
with respect to the establishment of uses throughout Markham Centre, consistent
with the way in which other downtowns have evolved over time.
3. There are three primary Markham Centre
– Downtown Zones. The MC-D1 Zone is
intended to permit mainly business office uses, with a wide range of accessory
retail and other service uses. The MC-D2
Zone permits a wide range of retail and residential uses, intended to be
located within mixed-use buildings. The
MC-D3 Zone permits primarily residential uses.
4. Caps on the amount of non-residential
floor space and the number of dwelling units permitted are included within the
By-law in recognition of the studies that have been completed to date, to
support the development of the downtown core.
5. The By-law contains a number of
provisions that are intended to ensure the desired built form, bulk and mass of
development is established within Markham Centre. These include minimum height requirements
along each of the roads within Markham Centre.
In addition, specific minimum height requirements are established at key
intersections and gateways to ensure that a built form presence is provided at
these locations. Minimum and maximum
setbacks from streetlines are also contained within the By-law, to ensure that
buildings are located as close to the street as possible to foster an active
pedestrian environment and built form presence.
The requirement that 70% of any wall in any retail area at street level
be the site of openings is also intended to foster this objective, as does a
restriction on at-grade residential floor area at certain locations throughout
the plan. The by-law also contains
limits on the maximum size of retail units.
6. A key component of the By-law and the
Town’s vision for Markham Centre is to encourage the establishment of a rapid
transit system through Markham Centre.
The By-law recognizes and supports this objective by requiring buildings
to be of a certain height and by reducing the amount of parking that can be
provided with any use.
7. The By-law encourages and facilitates
the establishment of parking garages servicing multiple uses in Markham
Centre. In order to ensure that new
development in Markham Centre is transit-supportive, the by-law caps the number
of parking spaces that can be provided with any use. The intent of this cap is to restrict the
number of parking spaces and facilitate the provision of structured parking at
key locations. It is recognized that, in
the interim and before structured parking is in place, there may be a need to site
temporary parking on certain lands within Markham Centre. The By-law allows this to occur, subject to
appropriate approvals.
8. The By-law sets out how development can
occur and all development parcels are subject to a series of Holding
provisions. These Holding provisions are
intended to ensure that all aspects of development within Markham Centre are
reviewed, considered and are deemed to be to Council’s satisfaction before
development can occur. One of the key
criteria to be considered by Council in reviewing a request to remove a Holding
provision is that the density of any proposed development must support
Council’s objectives with respect to encouraging greater use of public transit
and the establishment of a viable downtown core in Markham.
By-law has been Peer Reviewed
In accordance with Council’s direction at the time
of draft plan approval, planning staff retained The Butler Group (Consultants) Inc. to
peer review the draft plan conditions and draft by-law, and the Legal
Department retained the firm of Goodmans.
The Butler Group, in their review of the By-law,
concur with the proposed format which places a heavy reliance on a number of
tables and coloured schedules for ease of interpretation. Their review recognizes the unique approach
being proposed to regulate building location, built form, height and parking,
and concludes that the proposed zoning by-law adequately implements the
precinct plan and draft plan conditions.
Goodmans’
review of the Draft Zoning By-law identifies a number of issues for staff to
keep in mind as each phase of development occurs and provides advice on
specific components of the Holding provisions, which have been reflected in the
By-law. No other substantive items
associated with implementing the By-law were contained in their comments.
A
discussion of the peer review process relating to the conditions of draft plan
approval will be addressed when staff report on amendments to these conditions
resulting from changes to the plan required to reflect the new central amenity
feature, adjustments to the road alignments and comments from agencies such as
the Toronto and Region Conservation Authority.
The applicant is in the process of revising their draft plan, which
staff will circulate over the summer for comment, and report to Council in the
fall.
FINANCIAL CONSIDERATIONS:
There
are no financial considerations associated with this report.
ENVIRONMENTAL CONSIDERATIONS:
The
by-law introduces an appropriate Public Space zoning category on the valleyland
and buffer portions of the applicant’s lands.
ACCESSIBILITY CONSIDERATIONS:
There
are no accessibility considerations associated with this report.
ENGAGE 21ST CONSIDERATIONS:
There
are several Engage 21st considerations associated with this report. The by-law introduces appropriate zoning onto
the valleylands within the plan area to protect this natural feature in
accordance with the Environmental Focus goal.
The by-law also provides the framework for the delivery of a new well-planned
community, with holding provisions to ensure development is phased to
coordinate with the delivery of infrastructure, consistent with the Managed
Growth goal.
BUSINESS UNITS CONSULTED AND AFFECTED:
The Building Department and Town Solicitor has
reviewed the by-law and their comments have been incorporated in the by-law, as
appropriate.
CONCLUSION:
This By-law has been the subject of detailed review and discussion in
order to create a document which achieves the Markham Centre vision while at
the same time being flexible in terms of use permissions and density
distribution to address the anticipated long-term build-out of the centre. It has been formatted to reflect the unique
circumstances associated with the Remington Plan and is adaptable to encompass
approvals within other precincts of Markham Centre. Coloured tables and charts are intended to
make the document easy to understand and interpret. The extensive use of Holding provisions will
ensure the centre will evolve in an orderly manner and that all aspects of development within Markham
Centre are reviewed to Council’s satisfaction before development can
occur.
ATTACHMENTS:
Appendix
A: Markham Centre By-law
|
|
|
|
|
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\Teams\Markham
Centre\Coordinator\Remington\By-law Peer Review
