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:

West District Team

Dave Miller, Senior Planner

 

 

 

 

DATE OF MEETING:

May 18, 2004

 

 

 

 

SUBJECT:

PRELIMINARY REPORT

Woodbine Cachet West Inc.

Applications for Official Plan and Zoning By-law Amendments

2960 16th Avenue

North Side of 16th Avenue, West Side of Woodbine Avenue

OP 03 119016 and ZA 03 119029

 

 

 


 

RECOMMENDATION

 

THAT the report entitled “Preliminary Report, Woodbine Cachet West Inc., Applications for Official Plan and Zoning By-law Amendments, 2960 16th Avenue, North Side of 16th Avenue, West of Woodbine”, be received (File Nos. OP 03 119016 and ZA 03 119029);

 

AND THAT a Public Meeting be held regarding the proposed Official Plan and Zoning By-law Amendments.

 

PURPOSE

The purpose of this report is to provide preliminary information regarding applications for Official Plan and Zoning By-law Amendments submitted by Woodbine Cachet West Inc. for 2960 16th Avenue, and to recommend that a Public Meeting be held.

 

BACKGROUND

 

Location and Property

The 7.6 hectare (18.78 acre) site is located at the north west corner of 16th and Woodbine Avenues.  There is a heritage building on the property.  The Daniel Quantz house (circa 1873) is listed on the Markham Inventory of Heritage Buildings.  It is identified in the Woodbine North Planning District Secondary Plan as a building having heritage significance.  Consequently, any development of the site should be respectful of the heritage resource and the Cultural Heritage policies of the Woodbine North Secondary Plan should continue to be applied to the property.

Area Context

The site forms part of the Woodbine North employment lands, a large employment area located between 16th Avenue and Major MacKenzie Drive East.  To the east, across Woodbine Avenue is a retail shopping plaza, which is designated Commercial (Community Amenity Area) in the Town’s Official Plan.  The lands to the west are being used as a golf course.  They are designated Industrial (Business Park Area).  To the north is the developing community of Woodbine North and to the south is the historic village of Buttonville.

 

Proposal

The applicant intends to develop the site for a major food store, retail and automotive retail uses.  Amendments to the Official Plan and Zoning By-law are required to accomplish this.  The Official Plan Amendment proposes to re-designate the property from Business Corridor Area to Major Commercial Area and the Zoning By-law amendment would re-zone the lands from Select Industrial and Limited Commercial to a Major Commercial Zone Category.  The applicant has not submitted a conceptual site plan, but in meetings with staff has displayed a preliminary concept showing a retail shopping centre development.

 

The site is zoned Select Industrial and Limited Commercial

The property is zoned Select Industrial and Limited Commercial M.C. (60%) and M.C. (100%) by By-law 165-80, as amended.  This zoning permits a range of Industrial uses and, and a limited range of Commercial uses such as banks and professional and business offices.  The By-law, as amended by By-law 246-97 also permits Public and Separate Secondary Schools.   Amending By-law 48-90 requires Industrial uses to be part of a mixed Office/Industrial complex and prescribes a minimum Gross Floor Area to be devoted to office space.  Industrial uses must also be setback at least 60 metres from Woodbine and 16th Avenues.

 

Official Plan policies for Business Corridor and Major Commercial Areas

The Town’s Official Plan contains a number of Land Use Categories, which include Commercial and Industrial categories.  These categories are further organized into sub-categories of designations that include, amongst others, Business Corridor Area (an industrial category) and Major Commercial Area (a commercial category).  In order to distinguish the Land Use Categories from one another the Town’s Official Plan describes specific category policies.  The following few sections compare extracts of these specific category policies regarding the “Planned Function”, “Location Attributes” and “Land Use Permissions and Exclusions” for the current Business Corridor Area and the Major Commercial Area designation being requested by the applicant.

 

Planned Function

The “Planned Function” characteristics of the Business Corridor and Major Commercial Areas are described in the Town’s Official Plan as follows:

 

A.     Business Corridor Area Planned Function

 

                                                   i.            “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.”

 

B.     Major Commercial Area Planned Function

 

                                                   i.            “To provide for a large scale multi-purpose centre or area offering a diverse range of retail, service, community, institutional and recreational uses serving a major portion of the municipality and/or broader regional market.  Major Commercial Areas shall serve as identifiable destinations for major shopping needs, recreation, entertainment and hospitality uses.  This designation is also intended to accommodate office development and medium and high density housing at appropriate locations.”

 

The Business Corridor Area is intended primarily as a commercial/industrial employment designation with retail and service commercial only as a secondary component; whereas, the Major Commercial Area designation, is intended as a regional shopping destination.

 

Location Attributes

The “Location Attributes” of the Business Corridor and Major Commercial Areas are described in the Town’s Official Plan as follows:

 

A.     Business Corridor Area Location Attributes

 

                                                   i.            “Generally, this category will be applied to locations along major roads within, or at the periphery of, industrial areas.”

 

B.     Major Commercial Area Location Attributes

 

                                                   i.            “Development shall be concentrated at key intersections of arterial roads and/or Provincial Highways to conveniently serve many residential and business communities.

                                                 ii.            Sites shall be served by principal transit routes, and preferably be at an intersection with other public transit routes to provide the greatest possible accessibility to the wider community.  Integration of transit facilities with the development shall be encouraged.”

 

Business Corridor Area lands typically locate adjacent or in close proximity to office/industrial uses; whereas lands with a Major Commercial designation do not require a close geographic proximity to any particular category or land use designation and can generally stand alone as a Regional Centre.

 

Land Uses Permissions and Exclusions

The “Land Uses Permissions and Exclusions” of the Business Corridor and Major Commercial Areas are summarized from the Town’s Official Plan as follows:

           

A.     Business Corridor Area Land Uses Permissions and Exclusions

 

                                                   i.            Limits retail premise size - generally individual premises are limited to not more than 6,000 m2.

                                                 ii.            Automobile repair uses prohibited.

                                                iii.            Retail and industrial uses involving accessory outdoor storage and display of merchandise prohibited.

 

B.     Major Commercial Area Land Uses Permissions and Exclusions

 

                                                   i.            Retail premise size not limited.

                                                 ii.            Automobile repair uses are allowed (subject to the review of a specific development proposal and rezoning).

                                                iii.            Retail and industrial uses involving accessory outdoor storage and display of merchandise is allowed (subject to the review of a specific development proposal and rezoning).

 

The Major Commercial designation, with no limit to the size of premise, allows a full range of retail options and some opportunity for office commercial and residential uses; whereas, the ancillary retail and personal services focus of the Business Corridor designation is limited to premises generally less than 6,000 m2, as an amenity to employees and businesses located in the area.

 

Criteria to be used to delete lands from an Industrial Category

The Town’s Official Plan contains criteria to be used to assess and evaluate applications to delete lands from an Industrial Category, such as Business Corridor Area.  Prior to making a decision to remove lands from an Industrial Category, such as Business Corridor Area, Council should have regard for the following:

 

                                                   i.            the availability of other designated lands to accommodate the uses proposed, and the effect of a change in designation on the supply of land in the categories affected;

                                                 ii.            the policies and urban design guidelines applicable to the uses and categories proposed including:

 

-              locational attributes;

-              compatibility and complementarity of uses;

-              development impacts on adjacent uses, particularly residential development;

-              traffic impacts; and

-              the character of existing and planned development in the immediate area.

                                                iii.            limiting the extension or introduction of strip retail development in favour of infilling and mixing of uses in comprehensively designed and developed projects; and

                                               iv.            consistency with the goals and objectives for industrial and commercial development and related policies of this Plan.

 

Applications will be assessed having regard for the above matters and the impacts of the change in category on the surrounding area.

 

Criteria to be used to assign a Commercial Category

The Town’s Official Plan Official Plan contains criteria to be used to assess and evaluate applications to assign lands to a Commercial Category, such as Major Commercial Area.  In assigning Commercial Land Use categories, such as Major Commercial Area Council shall:

 

                                                   i.            Consider existing patterns of commercial development, the planned function and urban design requirements of the categories, and the locational attributes of sites, while ensuring compatibility with adjacent land uses; and

                                                 ii.            Ensure, having regard for the planned function, use profile and urban design requirements of each commercial land use category, that the categories are appropriately located within the Town to adequately serve the needs of residents, employees and businesses.

 

Applications will be assessed on a comprehensive basis for the relevant surrounding area having regard for the above matters. 

 

CONCERNS/ISSUES

The following is a brief summary of concerns/issues raised to date.  These matters, and any others identified through the circulation and detailed review of the proposal, will be addressed in subsequent staff report(s) to be presented to Development Services Committee at a later date.

 

Proposal represents a significant change in policy and built form

The proposed change of Official Plan land use designation for this property from Business Corridor Area to Major Commercial Area to permit a retail shopping centre represents a significant policy change. The proposal, if approved, would not only change the anticipated urban development pattern/character, including traffic patterns of the area but would also result in a reduction of the supply of “employment lands” in the Town.  The anticipated impacts of the proposal need to be closely evaluated to ensure that the change does not compete with the Town’s long term urban development goals and objectives.  The built form implications of the proposal are also of concern, as preliminary concept plans indicate a conventional shopping centre format which is not the preferred “gateway” image leading into the Woodbine North Business Park area or the Buttonville Heritage Conservation District Study Area.

 

The proposal does not meet the provisions and intent of the Official Plan

As mentioned above the land use permissions and exclusions in the Business Corridor Area designation limits retail premise size to a maximum of 6,000 m2, prohibits automobile repair and prohibits accessory outdoor storage and display.  However, in the Major Commercial Area designation these same restriction do not apply.  Planning staff are concerned with the proposed change of use from uses that would primarily accommodate the business and service needs of business and employees to uses that primarily serve the general public.

 

A large retailer would change the anticipated urban development pattern in the area

A site of this size, with retail premises in excess of 6,000 m2, is quite likely to trigger other land use changes, thus modifying the urban development pattern in the area, including vacant lands in the Woodbine North Business Park Area and the character of the Buttonville Heritage Conservation District Study Area.  Consequently, there is a need to proceed cautiously and review possible impacts before decisions to allow retailers of this size are made.

 

Anticipated traffic patterns in the area would change

A change in policy of this type would likely change anticipated traffic patterns not only on the arterials roads but also on the local roads in the area, thus impacting on the business activities and residences in the area.  Proposals of this type draw shoppers from a larger trade area, travelling longer distances.  A detailed review of the anticipated change to the traffic patterns is required so that Town staff can fully understand the impact on the community.

 

The proposal would reduce the amount of Business Corridor Area lands in proximity to the Woodbine North Business Park

The proposed change from Business Corridor Area to Major Commercial Area results in a loss of office and industrial use location options for businesses that would typically locate along a major road frontage near a Business Park.  The remaining location options in the immediate area are limited if this site is designated Major Commercial Area.

 

Business Corridor Area commercial and industrial uses, on this site, would appropriately supplement the prestige character of and uses in the Woodbine North Business Park.  Consequently, Planning staff are concerned that the complementary role afforded this site, due to its adjacency to the Business Park, may be lost, ultimately compromising the character of and uses in the business park.

 

The amount of vacant Business Corridor Area land would be reduced to 77.15 hectares

Planning staff are concerned with the potential loss of “employment land”, should this application to re-designate the lands from Business Corridor Area to Major Commercial Area occur.  Changing the Official Plan designation of the 7.6 ha (18.78 acres) site would reduce the amount of vacant land designated Business Corridor Area, in the Town, from approximately 84.75 hectares (209.41 acres) to approximately 77.15 hectares (190.64 acres), a decrease of approximately 8.97%.  Planning and Economic Development staff have identified the need to retain existing employment lands, and to seek opportunities for additional employment lands, in order to meet employment targets and maintain a healthy live:work balance.  (Land area figures are based on 2004 data.)

The Town has commissioned a review of its Commercial Land Use policy structure

The Planning Department retained John Winter Associates Limited, a retail consultant, to review and comment on the Town’s Commercial Land Use policies.  The analysis included a review of evolving retail trends, the suitability of current commercial designations in light of projected retail growth, the appropriateness of specific retail policies in the Markham Official Plan and in Secondary Plans.

 

The John Winter Associates’ study includes a review of the large-format retail development policy provisions of the Official Plan.  It evaluates the appropriateness of large-format retail development within the context of the Town’s overall retail structure.  The report identifies that the planned function of Business Corridor lands should not be for large scale retail, but for high quality business, primarily office with some retail and service commercial ideally on the ground floor.  John Winter recommends a reduction in the maximum size of a retail premise in a Business Corridor Area from the current 6,000 m2 (64,585 sq. ft) to 1,000 m2 (10,764 sq. ft.) with an exception for office supply stores and computer software stores to 3,000 m2 (32,293 sq. ft.).  The report also concludes that the Town appears to have sufficient vacant retail land supply to meet the broadly defined commercial needs of Markham to the year 2011, which is the time horizon of the current Official Plan.

 

CONCLUSION

The issues raised in this report include a concern for: significant policy change; built form implications; potential changes to the urban development pattern in the area; changes to traffic patterns in the area; and the loss of employment-oriented lands to other uses.  Taken with the conclusions of the John Winter Associates’ study, conversion of this site from Business Corridor Area to Major Commercial Area is of concern to Planning Department staff.  Therefore, while it would be appropriate for Committee to schedule a Public Meeting to receive public input on the proposal, the applicant and Committee are advised that staff have concerns with the proposed policy change.  Staff would prefer to see uses and built form on the site more in keeping with the current applicable Business Corridor policies of the Official Plan.

 

FINANCIAL CONSIDERATIONS

None at this time.

 

ENVIRONMENTAL CONSIDERATIONS

There are a few trees at the south end of the site, in the area of Daniel Quantz Heritage dwelling.  A tree inventory and landscape plan will be required as part of a site plan application.  A site plan application has not been submitted.  Recommendations and comments on Environmental issues will be incorporated into subsequent reports. 

 

ACCESSIBILITY CONSIDERATIONS

Accessibility considerations will be reviewed as part of the site plan approval process for any future development on the site..

 

ENGAGE 21st CONSIDERATIONS

There are no Engage 21st considerations associated with this application at the present time.

 

BUSINESS UNITS CONSULTED AND AFFECTED

The proposal has been circulated to other Town Departments and public agencies.

 

ATTACHMENTS

 

Figure 1 – Applicant/Agent + Location Map

Figure 2 – Area Context and Zoning

Figure 3 – Aerial Photo

 

Appendix ‘A’ – Applicant’s 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

 

 

 

 

 

Figure 1

 

 

FILE PATH:    Q:\Development\Planning\APPL\OPAPPS\03 119016 Woodbine Cachet West\report to DSC May 18 2004.doc

 

 

Applicant/Agent:        KLM Planning Partners Inc.

                                 Attn: Peter Russell

                                 64 Jardin Drive, Unit 1B

                                 Concord, ON

                                 L4K 3P3

 

Phone: 905) 669 – 4055            Fax: (905) 669 – 0097