RECOMMENDATION:
THAT the report entitled “Preliminary Report: Application by Loblaw Properties
Limited for Official Plan and Zoning By-law Amendments to permit development of
a retail plaza of 329,671 square feet at 2938 Major Mackenzie Drive East in the
West Cathedral Community”, be received (File Nos. OP 04 010924 and ZA 04
010910);
AND THAT a public meeting be held regarding the
proposed development of a retail plaza.
PURPOSE:
The purpose of this report is to provide preliminary information
regarding applications for Official Plan and Zoning By-law Amendments at 2938 Major Mackenzie Drive in the West Cathedral Community,
and to recommend that a statutory public meeting be held regarding the proposed
amendments. The proposal is to permit
development of a 329,671 sq. ft. retail plaza containing individual premises
with floor areas larger than 6,000 m2 (64,686 sq. ft.)
BACKGROUND:
Property and Area Context
The subject lands cover an area of
approximately 16.8 hectares (41.57 acres) and are bounded on the south by Major
Mackenzie Drive, on the west by Highway 404, on the east by Woodbine Avenue,
and on the north by Lot 22 Concession 3 (see Figures 2 and 3).
The majority of the site is flat
table land and has not been farmed for several years.
Several environmental features are
located on the property (see Figure 4), including:
- an area of open space and floodplain
(totalling 2.66 hectares (6.58 acres)), and part of a proposed stormwater
management pond (totalling 0.28 ha (0.69 acres)), located on the
easternmost portion of the site, adjacent to Woodbine Avenue.
- a short length of Applewood Creek, located
on the west side of the site adjacent to Highway 404.
- the table land portion of a mature silver
maple - black maple woodlot, which covers an area of approximately 0.9 ha
(2.22 acres) in the north western portion of the subject lands east of
Applewood Creek. The revised
Environmental and Stormwater Management Plan for the West Cathedral
Community, recommends that consideration be given to retaining this woodlot, and integrating it into
any future development.
Existing Secondary Plan Provisions
The subject lands are located
within the Cathedral Community Secondary Plan (OPA 42). As set out in Schedule “AA” Land Use Plan (see Figure 5), the subject lands are designated under three
land use categories:
- The portion of the site between the Markland Street intersection and Highway 404 (including Applewood Creek and the
woodlot) is designated Business
Corridor;
- The area to the east, between Markland Street and the floodplain/stormwater management pond is designated Community Amenity/Business Area;
- The floodplain/stormwater management pond area adjacent is
designated Hazard Land.
Key policy provisions applying to
these land use categories include:
Business Corridor:
The Business Corridor designation
extends from Highway 404 to the proposed northern extension of Markland Street (see Figure 4).
This would include a mix of business and commercial uses that require
exposure along major road frontages and accommodate the needs of businesses and
employees and, in some cases, the general public. This designation provides for a variety of
uses including offices, light industrial, banks, hotels, motels. Retail and service uses may also be permitted
with individual premises greater than 300 m2 (3,230 sq. ft.) but
less than 6,000 m2 (64,586 sq. ft.).
The plan also provides for mixed use centres, consisting of a mix of
retail and other permitted uses in multi-storey buildings, within this
designation.
Community Amenity/Business Area:
The Community Amenity/Business Area
designation extends from Markland Street to the Hazard Lands area west of Woodbine Avenue. This
designation is generally intended to accommodate residential and commercial
uses, as well as selected industrial uses.
In the Markham Official Plan, the Community Amenity Area designation
provides for a mix of retail, service, office and medium and high density
residential uses. Individual retail
premises are limited to a maximum floor area of 6,000 m2. However, the Cathedral Secondary Plan
specifically excludes retail uses adjacent to Major Mackenzie Drive within the Community Amenity/Business Area
designation. In addition, both
automobile service stations and car washes are not permitted anywhere in this
designation by the Cathedral Community Secondary Plan. The secondary plan also states that the road
frontage adjacent to Markham Street shall be encouraged to develop with appropriate commercial or
industrial uses so as to enhance the employment focus and business environment
along this section of Markland Street.
Hazard Lands:
The Hazard Lands designation is
located in the north-west quadrant of the Woodbine Avenue/Major Mackenzie Drive intersection.
The Hazard Land policies in the Cathedral Secondary Plan refer to those in the Markham
Official Plan. No buildings or
structures are permitted except those required for flood or erosion control or
conservation purposes. Hazard lands are
to be conveyed to the Town or other public agency as a condition of development
approval.
Transportation Plan
In addition, the Secondary Plan
designates a collector road connection within the West Cathedral Community
between the Highway 404 north bound off-ramp at Major Mackenzie Drive and Markland Street.
Current Studies
There are several ongoing planning
studies that will have a direct bearing on the subject application. These include:
- A review of Markham’s
commercial policies, including mixed commercial/employment designations
such as the Business Corridor designation.
This study has been undertaken by John Winter and Associates and
provides recommendations for new and amended commercial planning policies;
- Preparation, by the West Cathedral landowner’s group, of the
background studies required by the Cathedral Secondary Plan (Section
6.9). These studies are intended to
provide a comprehensive framework for individual development applications
in the community, and address issues such as services, road layouts,
detailed land use and lotting patterns, urban design, phasing,
environmental and stormwater planning;
- A revision and update to the Cathedral Secondary Plan required as a
result of the new Woodbine by-pass and associated road layout and land use
changes, as well as changes to the community vision that have evolved
since 1997 when the original Cathedral Secondary Plan was adopted.
Existing Zoning By-law provisions
The subject lands are zoned Agricultural
One (A1) by By-law 304-87. Permitted
uses are limited to agricultural uses and one single detached dwelling as an
accessory use to a permitted farm operation.
Proposed Development
The Owner is proposing to develop
the property with a variety of free-standing single storey retail pads, a
two-storey office building, and 2 gas bar/car washes in a “power centre”
configuration (see Figure 4), as follows:
- A total of 329,671 sq. ft. (30,626 m2) of retail floor
space, located in twelve free-standing buildings. Footprint sizes range from a minimum of
1,140 sq. ft. (106 m2) for a convenience store associated with
one of the gas bars, to two large-format retail stores: a 146,578 sq. ft.
(13,617 m2) Loblaws store adjacent to Highway 404 and a 90,493
sq. ft. (8,407 m2) retail pad at the north end of the Community
Amenity/Business Area designation.
Outdoor storage is proposed in association with both of these large
format operations. In addition, a
number of these retail pads are proposed adjacent to Major Mackenzie Drive;
- A 20,000 sq. ft. (1,858 m2) two storey office building
is proposed on the east side of Street ‘B’, at the north end of the site
near the Hazard Lands
and stormwater management pond. A
second “possible office building” is proposed at the extreme west end of
the site adjacent to Highway 404, but no specific floor area has been
attributed to this building;
- Additional uses include two gas bars/car washes proposed along the
Major Mackenzie Drive frontage, one in the Business Corridor area at the
north west corner of Major Mackenzie Drive/Markland Street; and a second
one in the Community Amenity/Business Area designation at the north west
corner of Major Mackenzie Drive and Street ‘B’;
- No development is proposed within the area indicated as “open
space/flood plain” which appears to generally correspond to the Hazard
Lands designation shown in the secondary plan;
- The proposed development will also include the extensions of
Markland Street and Nichols Boulevard north of Major Mackenzie Drive;
- All parking will be provided in large surface lots, generally
fronting directly onto Major Mackenzie Drive as well as significant
portions of the Markland Street and Street B frontages.
- The owner is proposing to delete the internal collector road
between the Highway 404 north bound off ramp at Major Mackenzie Drive and
Markland Street, which is designated in the Cathedral Community Secondary
Plan.
Amendments to the Official Plan and Zoning By-law are required
The owner is submitting
applications for Official Plan and Zoning By-law Amendments. The Official Plan Amendment application
addresses amendments related to both the Business Corridor and Community
Amenity/Business Corridor designations, as well as the Transportation Plan, as
follows:
Business Corridor Area:
- Increasing the retail store size cap above
6,000 m2 to provide for the proposed Loblaws store at 146,578
sq. ft. (13,617 m2);
- Permissions for accessory outdoor storage
and display of merchandise related to retail uses.
Community Amenity-Business Area:
- Increasing the retail store size cap above
6,000 m2 to provide for a proposed large format store of 90,493
sq. ft. (8,407 m2);
- Permissions for accessory outdoor storage
and display of merchandise related to retail uses;
- Permissions for retail uses adjacent to
Major Mackenzie Drive;
- Permission for an automobile service
station.
Transportation Plan:
·
Deleting the
collector road linkage between the north bound Highway 404 off ramp at Major
Mackenzie Drive and Markland Street from the Cathedral Community Secondary Plan
Transportation Plan (Schedule ‘BB’).
The property is zoned Agricultural
One (A1) by By-law 304-87. The intent of
the Zoning By-law Amendment application is to rezone the property in conformity
with the Business Corridor and Community Amenity – Business Area designations
of the Cathedral Community Secondary Plan, as amended above. In addition, the floodplain area on the
eastern portion of the property would be zoned OS1, in conformity with the
existing Hazard Land designation in the Secondary Plan.
POTENTIAL BENEFITS OF APPROVAL OF THE PROPOSAL:
There is a need to develop some
additional retail and commercial amenities in this area to serve the needs of
Cathedral Community residents, as well as those living in the northern portion
of the Woodbine North community and Cachet Estates. However, staff have concerns about the
development as currently proposed, as set out in the next section.
CONCERNS/ISSUES TO BE
RESOLVED:
The following is a 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 a final staff report to be presented to Committee at a later date. The primary concerns associated with this
development revolve around the appropriateness of the proposal in terms of the
existing policy structure of the Markham Official Plan and Cathedral Community
Secondary Plan. Staff also have concerns
relating to the physical and site planning specifics of the proposal, but these
more detailed concerns are secondary to the broader policy-related issues
presented below:
The
proposed development does not meet the provisions and intent of the Official
Plan and the Cathedral Community Secondary Plan
There are several key respects in which
the proposed development does not meet the provisions of the Cathedral
Community Secondary Plan, as follows:
Business
Corridor Designation:
·
The planned function of the
Business Corridor designation, as set out in the Markham Official Plan, is to
provide locations for a mix of “high quality business activities in corridors
along major road frontages, primarily adjacent to areas 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”;
·
The Business Corridor
designation limits floor plates of individual retail stores to a maximum of
6,000 m2 (64,586 sq. ft.).
Based on the
above policies, the planned function of the Business Corridor designation is
primarily intended to be an employment and business-oriented designation,
providing for mix of prestige industrial and office uses, as well as accommodating
the business and service needs of surrounding companies and employees. While provisions are made for retail uses,
they are intended to be secondary to the primary employment-oriented role of
the Business Corridor Area, and they are intended mainly to serve the needs of
surrounding businesses. The Official
Plan places a cap on retail premises within the Business Corridor designation,
to ensure that retail operations do not dominate the land use mix in this designation. The subject proposal, for a 146,578 sq. ft.
(13,617 m2) Loblaws superstore, which would be entirely oriented to
serving the general public (rather
than the local business community) on a regional scale, does not, in Staff’s
opinion, comply with the intended planned function of the Business Corridor
designation.
Community
Amenity-Business Area Designation:
·
In the Markham Official Plan,
retail development in Community Amenity Areas is restricted to a maximum of
6,000 m2 (64,586 sq. ft.) and outdoor storage and display of goods
is not permitted. Furthermore, the
Community Amenity/Business Area designation of the Cathedral Secondary Plan
does not permit retail development adjacent to Major Mackenzie Drive, and does
not permit the proposed automobile service station.
Transportation
Plan:
Town staff are of the opinion that the
proposed collector road linking the northbound Highway 404 off ramp at Major
Mackenzie Drive with Markland Street will be required in the future to relieve
forecast traffic congestion at the Highway 404/Major Mackenzie Drive
interchange. Staff, therefore, do not
support the owner’s application to delete the designated collector road linking
the off ramp to Markland Street from the Cathedral Community Secondary Plan.
The
Town is currently undertaking a review of its commercial policy structure
The Town has hired John Winter and
Associates, a retail consultant, to undertake a review of the Town’s commercial
policy structure. This analysis
incorporates a review of evolving retail trends, the suitability of current
commercial designations in light of projected retail growth, as well as the
appropriateness of specific retail policies in the Markham Official Plan and in
Secondary Plans.
In relation to this application, the
retail policy provisions of the Business Corridor Area designation have also
been reviewed, in order to assess the appropriateness of the proposed
large-format retail development within the context of the Town’s overall retail
structure. Key conclusions of this study,
as they relate to this application, include:
·
Reaffirmation that the planned
function of the Business Corridor designation is to accommodate
employment-oriented uses, as well as to provide a location for ancillary retail
and personal services as an amenity to surrounding employees and businesses;
·
In this regard, there are no
relevant retailers in the 6,000 m2 size category;
·
Instead, the sole large
retailers of relevance are a) office supply stores which typically have floor
areas up to a maximum of 3,000 m2 and b) computer/software stores which
are considerably smaller.
·
The study therefore recommends reducing the maximum retail store size
in the Business Corridor designation to “generally 1,000 m2”, with
exceptions for office supply and computer/software stores
Development
of large format single use retail on the Business Corridor lands represents a
further loss of employment land in the Town
The Town is currently experiencing a
shortage of industrially-designated land, in the Business Park, Business
Corridor and General Industrial land use categories. Development of a large format, single use
supermarket on the subject lands, at the scale proposed by the applicant, would
preclude the development of industrial and office commercial uses on this site,
which are intended to be the primary land use types in the Business Corridor
designation.
If
policy related issues were resolved, other site plan issues are still
outstanding
If the policy-related concerns noted
above were addressed to the Town’s satisfaction, a number of physical planning
concerns would still be outstanding, including:
·
Provisions for a north-south
entry road from the northbound 404 off-ramp at Major Mackenzie Drive, to the
Markland Street extension.
·
Improvements to the streetscape
frontages of Major Mackenzie Drive, Markland Street and Street B, and the
interface between the proposed development and the Woodbine North residential
community to the south.
·
Improvements to the interface
between the Community Amenity/Business Area portion of the site and the
proposed residential development to the north are required.
·
Earlier discussions with the
fire department indicated that a new fire hall is required in the vicinity of
the Woodbine Avenue/Major Mackenzie Drive intersection. Further discussions with the Fire Department
are required to confirm whether or not this facility is still required and the
most appropriate location.
FINANCIAL CONSIDERATIONS:
There are no
financial considerations at the present time.
ENVIRONMENTAL CONSIDERATIONS:
Key environmental considerations that require
further review include:
- Piping of the Applewood Creek
- Preservation of the Black Maple Woodlot at the west end of the site
- Confirmation of the extent and location of the Hazard lands and
associated buffer on the east side of the site
ACCESSIBILITY CONSIDERATIONS:
There are no accessibility
considerations associated with this application at the present time.
ENGAGE 21ST
CONSIDERATIONS:
There are no Engage 21st considerations associated with this
application at the present time.
BUSINESS UNITS CONSULTED AND AFFECTED:
The
application has been circulated to all relevant departments and outside
agencies. Comments and requirements will
be addressed during the review process.
CONCLUSIONS:
This report identifies a number of
fundamental policy-related issues associated with the proposed
development. These include the
proposal’s lack of conformity with the planned function and policy intent of
the Business Corridor and Community Amenity – Business Area designations of the
Markham Official Plan and the Cathedral Community Secondary Plan; potential new
commercial policy directions emerging from the Town’s review of its current
commercial policy structure; and the further loss of employment-oriented land
to other uses. Whereas the environmental
and site planning issues identified in this report can be addressed through the
development review process, the policy-related issues present a fundamental
concern, and will remain. Therefore,
while it is appropriate to hold a Public Meeting at this time, the applicant and
the Committee are advised that, in staff’s opinion, resolution of the
policy-related issues would require fundamental revisions to this proposal.
ATTACHMENTS:
Figure 1 – Location Map
Figure 2 – Air Photo
Figure 3 – Zoning and Area Context
Figure 4 – Proposed Site Plan
Concept
Figure 5 – Cathedral Community
Secondary Plan – Schedule ‘AA’ Land Use Plan
Appendix A – Draft Official Plan Amendment
Appendix B – Draft Zoning Amendment
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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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Q:\Development\Planning\APPL\ZONING\04 010910 Loblaws\Preliminary report
05 18 revision 1.doc
FIGURE 1
OWNER: Loblaw Properties Limited
Mario Fatica
Senior Director of Real
Estate Development
22 St. Clair Avenue East
2nd Floor
Toronto ON M4T 2S5
Tel: 416-967-2567
Fax: 416-960-6949
AGENT: Zelinka Priamo Limited
Richard Zelinka
Principal
318 Wellington Road
London ON N6C 4P4
Tel: 519-474-7137
Fax: 519-474-2284
e-mail: richard.z@zpplan.com
LOCATION MAP:
