DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Valerie Shuttleworth, Director of Planning & Urban Design

Jim Baird, Commissioner of Development Services

 

 

 

 

PREPARED BY:

Margaret Wouters, ext. 2758

South Team

 

 

 

 

DATE OF MEETING:

June 7, 2005

 

 

 

 

SUBJECT:

Milliken Main Street Study: Official Plan and Zoning By-law Amendments

 

 

 


 

RECOMMENDATION:

That the report entitled “Milliken Main Street Study: Official Plan and Zoning By-law Amendments”, dated June 7, 2005, be received;

 

That the Official Plan Amendment, incorporating a Secondary Plan for the Milliken Main Street Area within the Risebrough Planning District, attached as Appendix ‘B’ (under separate cover), be approved and adopted;

 

That the Region of York be requested to approve the Official Plan Amendment incorporating a Secondary Plan for the Milliken Main Street Area in the Risebrough Planning District, attached as Appendix ‘B’ (under separate cover);

 

That the draft implementing zoning by-laws attached as Appendix ‘C’ be finalized and enacted;

 

That the recommendations of the Safety Audit of the Old Kennedy Road/Denison Street intersection be implemented and the existing configuration of the Old Kennedy Road/Denison Street intersection be endorsed;

 

That the draft by-law to designate the Milliken Main Street Secondary Plan area as a Community Improvement Project Area, attached as Appendix ‘D’, be finalized and enacted; and

 

That a Public Meeting be held to consider the draft Milliken Main Street Area-Specific Development Charges By-law, once a draft by-law has been prepared to the satisfaction of the Commissioner of Development Services.

 

 

 

EXECUTIVE SUMMARY:

The Milliken Main Street Secondary Plan and Zoning By-law have been prepared to implement the urban design vision for the Milliken Main Street study area, which consists of approximately 35 hectares of land in the vicinity of Old Kennedy Road and Steeles Avenue, as shown on Figure 1.    The urban design vision was developed as part of the Milliken Main Street Urban Design Study initiated in 2002 with the purpose of developing a Main Street focus for the Milliken community in south Markham. 

 

On March 4, 2004, staff presented a draft Secondary Plan and zoning by-law amendment to Development Services Committee.    A public information meeting with landowners was held on March 29, 2004, followed by the statutory Public Meeting on April 6, 2004.  Meetings were also held with individual owners, and with the Milliken Main Street Advisory Group.  The draft Secondary Plan was circulated to external agencies for review, including the Region of York, the City of Toronto, GO Transit and the school boards.

 

The draft Secondary Plan proposes a new medium and high density residential community anchored by a Main Street along the south portion of Old Kennedy Road.  Additional proposed uses include commercial development along Steeles Avenue and a mix of uses west of Old Kennedy Road, north of Thelma Avenue.   A neighbourhood park, encompassing an existing woodlot, is envisioned in the north portion of the Secondary Plan Area, north of Victory Avenue.  The anticipated population of the new community at full build-out was estimated at 5,200 residents in approximately 1,900 units.  Approximately 51,000 square metres (549,000 square feet) of commercial development was also anticipated.

 

Background servicing and transportation studies have been completed.  A conceptual servicing plan for the provision of water, sanitary and stormwater management services was undertaken by Marshall Macklin Monaghan Ltd in support of the proposed development within the Secondary Plan area.  The study concluded that although local sanitary capacity exists for a limited amount of new development, local sanitary sewer improvements in the form of a new sanitary sewer along Old Kennedy Road, will likely be required to accommodate full build-out within the Secondary Plan.  Sanitary flows are anticipated to be adequately serviced by the Town’s downstream sanitary sub-trunk system without external modifications.  The study also concluded that water can be adequately supplied and operated within an acceptable pressure range with the existing infrastructure.  However, most of the lands within the Secondary Plan Area do not have servicing allocation at this time.   With respect to stormwater management, the study concluded that additional stormwater ponds would not be required, however, in reviewing specific development applications in this area since the completion of the study, staff have determined that further work may be required to determine an appropriate stormwater management program for the area.

 

A comprehensive transportation study was undertaken by Marshall Macklin Monaghan Ltd to confirm that the proposed development within the Secondary Plan area can be accommodated by the current and future transportation system.  The study concludes that most intersections on the boundary road network will continue to operate satisfactorily in the future (2011) with the additional traffic generated within the Secondary Plan Area. The lowest level of service at any of the boundary intersections is experienced during the weekend at the Kennedy/Steeles intersection.  The resultant congestion and delay at this intersection for a few hours on the weekend is comparable to many other similar locations in other municipalities where there is a large retail facility that attracts customers from across the GTA.  

 

In addition to the Transportation Study, a Safety Audit of the Old Kennedy Road/Denison Street intersection has been undertaken to identify long-term solutions to improve the operation of this intersection as directed by Council at the April, 2004 Public Meeting for the draft Secondary Plan and zoning by-law.    Although the closure of access from Old Kennedy Road to Denison Street has previously been contemplated as a solution to reducing the potential for collisions at the intersection, the closure of a signalized access point into the Secondary Plan Area is no longer seen as desirable given the level of development proposed within the Secondary Plan, and the potential traffic infiltration impact on neighbouring communities.  As a result, staff recommend that changes to signal poles, signs and pavement markings be undertaken to improve safety at the Old Kennedy Road/Denison Street intersection.  It is also recommended that the existing configuration of the Old Kennedy Road/Denison Street intersection be endorsed.

 

A number of changes to the draft Secondary Plan and implementing zoning by-law are proposed based on issues identified by commenting agencies, landowners and in the background studies outlined above.  The changes to the draft Secondary Plan are primarily related to land use, density and the road network.  The final draft Secondary Plan is attached as Appendix ‘B’ under separate cover.  The revised land use plan is attached as Figure 2.

 

Proposed changes to the implementing zoning by-law, attached as Appendix ‘C’ include the addition of site-specific provisions to reflect certain existing and proposed developments.  Minor revisions to the draft by-law have also been made to reflect the housekeeping amendment to By-law 177-96 which was recently enacted by Council in January.

 

The next steps in the Milliken Main Street study are to obtain Region of York approval of the Secondary Plan, prepare a Community Improvement Plan and an area-specific development charge by-law, and implement a program of by-law and property standards enforcement within the area. 

 

It is recommended that the Official Plan amendment containing the Secondary Plan for the Milliken Main Street study area and the implementing zoning by-laws be approved by Council, and that the Official Plan Amendment be forwarded to the Region of York for approval.  Further, it is recommended that Council approve the by-law (attached as Appendix ‘D’) to designate the Secondary Plan Area as a Community Improvement Area, and authorize a Public Meeting to consider a draft area-specific development charge by-law for the Secondary Plan area.

 

PURPOSE:

The purpose of this report is to recommend that an Official Plan Amendment incorporating a Secondary Plan for the Milliken Main Street Area within the Risebrough Planning District be adopted and forwarded to the Region of York for approval.  The report also recommends that  implementing zoning by-laws and a by-law to designate the Secondary Plan Area as a Community Improvement Project Area be approved, and that a Public Meeting be held regarding an Area-Specific Development Charges By-law for the area.

 

DISCUSSION:

Background

The Milliken Main Street Secondary Plan and Zoning By-law have been prepared to implement the urban design vision for the Milliken Main Street study area, which consists of approximately 35 hectares of land in the vicinity of Old Kennedy Road and Steeles Avenue as shown on Figure 1.    The urban design vision was developed as part of the Milliken Main Street Urban Design Study initiated in 2002 with the purpose of developing a Main Street focus for the Milliken community in south Markham.  The study has built upon a vision for the area which had been evolving over a number of years, beginning with a Council-appointed Task Force in 1989 and culminating in a draft Master Plan and Urban Design Guidelines in 1994/1995.  However, despite a number of applications, there had been little significant redevelopment activity within the study area since the development of the 1994 draft Master Plan.  The focus of the current study, therefore, was to identify the impediments to development, provide an updated plan for the area, and develop an implementation strategy to encourage the realization of this plan in a pro-active manner.

 

Funding for the study was approved in the 2001 Capital Budget.  A consulting team led by Marshall Macklin Monaghan Ltd was retained to undertake the study in March, 2002.   In May, 2002, Council enacted an Interim Control By-law to freeze development in the study area until the completion of the study.  This by-law was extended for one year and expired in May, 2004.

 

In July, 2003 Council endorsed the Urban Design Concept Plan and accompanying Urban Design Guidelines, as well as an implementation strategy which included the preparation of a Secondary Plan and implementing zoning by-law, servicing plan, area-specific development charges by-law, and financial action plan, including a Community Improvement Plan, to facilitate redevelopment within the area.  Council also endorsed the establishment of the Milliken Main Street Advisory Group, with a mandate to provide ongoing community input to the Town during the implementation phase of the Milliken Main Street study, and to keep the Milliken community informed of Town initiatives and developments within the study area.  The Advisory Group is made up of 10 community members including two landowners within the study area, and has been meeting on a regular basis since November, 2003.

 

On March 4, 2004, staff presented a draft Secondary Plan and zoning by-law amendment to Development Services Committee.  A public information meeting with landowners was held on March 29, 2004, followed by the statutory Public Meeting on April 6, 2004.  Meetings were also held with individual owners, and with the Milliken Main Street Advisory Group.  The draft Secondary Plan was circulated to external agencies for review, including the Region of York, the City of Toronto, GO Transit and the school boards.

 

Development Activity

A number of development applications, totalling approximately 730 residential units on 7.6 hectares (18.5 ac) of land, are currently under review within the Secondary Plan Area.  This represents almost 40 percent of the anticipated residential development within the Secondary Plan Area, and approximately 20 percent of the total land area. A summary of the current development activity is provided in Appendix ‘A’.  

 

DRAFT SECONDARY PLAN AND IMPLEMENTING ZONING BY-LAW

 

Secondary Plan proposes a new medium/high density residential community anchored by a

Main Street along Old Kennedy Road

The draft Secondary Plan proposes a new medium and high density community anchored by a Main Street along the south portion of Old Kennedy Road.  Additional proposed uses include commercial development along Steeles Avenue and a mix of uses west of Old Kennedy Road, north of Thelma Avenue. A neighbourhood park, encompassing an existing woodlot, is envisioned in the north portion of the Secondary Plan Area, north of Victory Avenue.  The anticipated population of the new community at full build-out was estimated in the draft Plan at 5,200 residents in approximately 1,900 units.  Approximately 51,000 m2 (549,000 sf) of commercial development was also anticipated, including approximately 3,600 m2 (38,750 sf) of recently constructed  development.

 

The proposed new community is based on a road network anchored by Old Kennedy Road, including new connections to Kennedy Road and Steeles Avenue as well as a proposed network of internal public roads.  A new connection between Old Kennedy Road and Kennedy Road, north of Victory Avenue, was proposed to re-direct traffic from the problematic Old Kennedy Road/Denison Street intersection.  This intersection has experienced a number of collisions, due mainly to the geometry of the intersection. 

 

Other new roads include a connection between Victory Avenue and Thelma Avenue, along the GO rail line at the west limit of the Secondary Plan Area, and an extension of Midland Avenue northward from Steeles Avenue to connect with Old Kennedy Road.   Additional local roads are proposed on the west and east sides of Old Kennedy Road to create a more refined street grid, and to provide public access to the Neighbourhood Park.

 

 

Background Servicing and Transportation Studies Completed

Conceptual Local Servicing Plan (2004)

A conceptual servicing plan for the provision of water, sanitary and stormwater management services was undertaken by Marshall Macklin Monaghan Ltd in support of the proposed development within the Secondary Plan area.  The servicing study entitled “Servicing Analysis Update for Milliken Mills Main Street, Town of Markham”, dated September, 2004 is available under separate cover.

 

The study concluded that, although local sanitary capacity exists for a limited amount of new development, local sanitary sewer improvements in the form of a new sanitary sewer along Old Kennedy Road, will likely be required to accommodate full build-out within the Secondary Plan.  Sanitary flows are anticipated to be adequately serviced by the Town’s downstream sanitary sub-trunk system without external modifications. The study also concluded that water can be adequately supplied and operated within an acceptable pressure range with the existing infrastructure.  However, most of the lands within the Secondary Plan Area do not have servicing allocation at this time.  With respect to stormwater management, the study concluded that additional stormwater ponds would not be required, however, in reviewing specific development applications in this area since the completion of the study, staff have determined that further work may be required to determine an appropriate stormwater management program for the area.

Servicing capacity and infrastructure requirements will be confirmed through more detailed site-specific analysis, as specific development proposals are considered.

 

Servicing Allocation

Most of the lands within the Secondary Plan Area do not have servicing allocation.  In February, 2005 Council approved a strategy for approving servicing allocation for approximately 4,700 additional residential units subject to Region of York approval. The Milliken Main Street Secondary Plan area was given a priority ranking of 3 (where 1 is the highest and 4 is the lowest priority), and two development applications in this area (total of 158 units) were recommended for specific allocation assignment.   In addition to the 158 units recommended for servicing allocation, a proposal to transfer allocation into the area for 275 apartment units from another site in Markham has recently been approved by Council.  This leaves approximately 300 residential units, under applications currently being processed, still requiring servicing allocation within the Secondary Plan Area, in addition to the additional anticipated units not yet under application. 

 

Transportation Study (2005) and Old Kennedy Road/Denison Street Safety Audit (2005)

A comprehensive transportation study was undertaken by Marshall Macklin Monaghan Ltd which confirms that the proposed development within the Secondary Plan area can be accommodated by the current and future transportation system.  The analysis included an assessment of existing and future peak period traffic conditions on the boundary road intersections, with and without the additional development proposed in the Secondary Plan.   The analysis takes into account future road improvements (including the widening of Kennedy Road and Steeles Avenue and GO rail line grade separations on both Kennedy Road and Steeles Avenue), proposed new commercial development south of Steeles Avenue (Phase 1 Splendid China), and the impact of the relocation and expansion of the Milliken Mills GO Transit station south of Steeles Avenue.   The analysis also considered weekend traffic conditions, to account for the possibility that the traffic generated by the Pacific Mall/Market Village/Kennedy Corners retail complex west of the Secondary Plan Area during the weekend exceeds weekday peak flows.   The study also considered the impact of the closure of the Old Kennedy Road/Denison Street intersection which is discussed in further detail below.

 

The study concludes that most intersections on the boundary road network will continue to operate satisfactorily in the future (2011) with the additional traffic generated within the Secondary Plan Area. The lowest level of service at any of the boundary intersections is experienced during the weekend at the Kennedy/Steeles intersection.  The resultant congestion and delay at this intersection for a few hours on the weekend is comparable to many other similar locations in other municipalities where there is a large retail facility that attracts customers from across the GTA.  

 

The study, entitled “Milliken Mills Main Street Transportation Study”, dated May, 2005, available under separate cover, will be forwarded to the City of Toronto and the Region of York for review.  Any comments arising from this review will be considered as part of the Region of York Secondary Plan approval process.

 

In addition to the Transportation Study, a Safety Audit of the Old Kennedy Road/Denison Street intersection has been undertaken by an independent consultant as part of a Town-wide review of signalised intersections.   The purpose of the review was to identify long-term solutions to improve the intersection as directed by Council at the April, 2004 Public Meeting for the draft Secondary Plan and zoning by-law.    The possible closure of access from Old Kennedy Road to Denison Street has previously been contemplated as a solution to the collisions experienced at the intersection.  However, the closure of a signalized access point into the Secondary Plan Area is not desirable given the level of development proposed within the Secondary Plan, and the potential traffic infiltration impact on neighbouring communities.  

 

Preliminary findings of the Safety Audit indicate that there are changes that can be undertaken at the intersection to improve safety.  These changes include modifications to signal poles, additional signs and improved pavement marking.  The consultant also reviewed potential changes to the road alignment to improve safety.  However, the road alignment changes would result in significant property impacts to existing properties in the area (including several residential properties) and the resultant alternative alignment may not provide sufficient safety benefits.  As a result, staff recommend that changes to signal poles, signs and pavement markings be undertaken to improve safety at the Old Kennedy Road/Denison Street intersection.

 

Given the above, the reference to the intersection being subject to further study is proposed to be removed from Schedule ‘AA’ – Detailed Land Use Plan, and replaced with a policy in the text of the Secondary Plan.  The policy will require that recommendations arising from the Safety Audit be implemented, prior to approval of development near this intersection.  The entire length of Old Kennedy Road will continue to be shown as major collector road in the Secondary Plan land use and transportation schedules.  In addition, it is recommended that the recommendations of the Safety Audit be implemented and that the existing configuration of the Old Kennedy Road/Denison Street intersection be endorsed.

 

PROPOSED CHANGES TO THE DRAFT SECONDARY PLAN

A number of changes to the draft Secondary Plan and implementing zoning by-law are proposed based on issues identified by commenting agencies, landowners and in the background studies outlined above.  The changes to the draft Secondary Plan are primarily related to land use, density and the road network.  The final draft Secondary Plan is attached as Appendix ‘B’, under separate cover.  The revised land use plan is attached as Figure 2.

 

Land use changes include identification of school site, extension of Main Street and recognition of existing uses.

Identification of an elementary school site adjacent to Neighbourhood Park

The York Region District School Board has requested that an elementary school site be identified within the Secondary Plan area.   In keeping with the Town’s preference for locating schools adjacent to public open spaces, and with the Board’s desire to minimize the area of the required site by sharing playing fields, an elementary school site is proposed adjacent to the Neighbourhood Park north of Victory Avenue.   The school policies within the Secondary Plan (Section 5.5.1) are proposed to be amended to reflect the identification of the school site on Schedule ‘AA’ – Detailed Land Use Plan.   In the event the school site is not required, the underlying Urban Residential designation will continue to apply to these lands.  The dual permissions are also reflected in the implementing zoning by-law.

 

Extension of Main Street designation to Victory Avenue

In response to discussions with landowners, the Community Amenity Area - Main Street designation is proposed to be extended northward along the west side of Old Kennedy Road to Victory Avenue (previously the designation ended at Aldergrove Drive).  However, in contrast to the Main Street designation along the southern portion of Old Kennedy Road, in which ground floor commercial uses are mandatory, commercial uses are not proposed to be mandatory in the extended portion of the Main Street designation between Aldergrove Drive and Victory Avenue.

 

Recently approved industrial uses to be recognized at 82 Old Kennedy Road

A policy to provide for the existing light industrial use at 82 Old Kennedy Road is proposed to be included in Section 5.3.2 Community Amenity Area – Mixed Use.   Industrial uses are not permitted within the Community Amenity Area – Mixed Use designation.  However, this use was approved in June, 2002 through Official Plan, zoning and site plan applications, and is currently in operation. During the approvals process, staff endeavoured to ensure that the built form was in keeping, as much as possible, with the emerging urban design vision for Old Kennedy Road by requiring an associated two-storey retail sales outlet and business office at the front of the building facing Old Kennedy Road.

 

The industrial uses currently permitted on the property have been added as a site-specific exception in the implementing zoning by-law.

 

Medium density residential and commercial densities revised

Medium density range expanded

The maximum net density for the Medium Density Residential designation is proposed to be increased to 80 units per net hectare (32 units per net acre), to accommodate the desired built form within this designation.   The increase is required to account for the provision of public roads within individual development parcels – the Official Plan definition of density excludes lands for public roads.  This increase in the density limit is consistent with the medium density range identified in the Official Plan for greenfields (OPA 5) Secondary Plans and will result in an appropriate built form within the Milliken Main Street Secondary Plan Area. 

 

In recognition that some of the new public roads may be built incrementally, a policy has been added to expand the definition of townhouse buildings to include only two units.  This will allow for future development within, for example, temporary cul de sacs, without the need for an amendment to the Secondary Plan.  

 

Consideration of increased density for landowners affected by school site

The owners of lands now proposed to be reserved for a school site have requested that consideration be given to increasing density permissions on the remainder of their lands to compensate for lost development potential (approximately 135 units).  The York Region District School Board and the Town, in consultation with affected landowners, are currently in the process of finalizing the location, size and configuration of the combined school/park site.  Most properties between Victory Avenue and the proposed road link between Old Kennedy Road and Kennedy Road are likely to be affected.   However, no additional density for the remainder of these properties is recommended at this time, as the High Density I designation already reflects a higher density than was anticipated in the Urban Design Concept Plan, to reflect proximity to Kennedy Road and the future grade separation.  In addition, the school site lands will be purchased by the School Board, and the opportunity exists for landowners to be compensated for any costs above the purchase price offered by the School Board, by means of a Developers Group agreement.  However, future applications for increased densities may be considered once the need for the school site is confirmed, subject to detailed plans illustrating consistent urban design principles and additional traffic analysis. 

 

Floor Space Index maximums for commercial designations revised

Policies to marginally increase the maximum Floor Space Index (FSI) in the Community Amenity Area–Mixed Use and Community Amenity Area–Main Street designations, are proposed.  The policies permit an increase from 1.0 FSI to 1.25 FSI subject to a specific development proposal, rezoning application and traffic impact study.  These increases will accommodate development proposals currently under consideration.  The maximum FSI for the Community Amenity – Steeles Avenue designation will remain at 1.5.   The implementing zoning by-law, however, will restrict densities within Community Amenity zones to a maximum of 1.0 FSI.      

 

Net impact on unit yields and commercial gross floor area is negligible

The net impact of the proposed density changes outlined above on the total unit yields and commercial gross floor area yields is negligible.  The 1,900 units and 51,000m2 (549,000 sf) of commercial gross floor area anticipated in the draft Secondary Plan, remain unchanged.   The anticipated population, however, has been reduced from 5,200 to 4,700 resulting from the application of updated Town-wide persons per unit assumptions. 

 

Proposed policy revisions related to urban design, transportation, potentially contaminated lands, developers group, etc

A number of policy revisions are proposed resulting from the completion of background studies and further review as follows:

 

·        Urban Design the design principles within the Urban Design Guidelines attached as Appendix VI to the draft Secondary Plan have been incorporated as policies within the revised Secondary Plan and Appendix VI has been deleted from the Secondary Plan.  This revision gives more weight to the design principles underlying the Secondary Plan, and also removes the potential for confusion with respect to design details (e.g., street cross-sections) which have evolved since the Guidelines were initially produced.   

 

·        Environmental contamination – additional details regarding the need for environmental site assessments and remediation have been added.

 

·        Transportation - a transportation schedule reflecting the primary components of the road network has been added (Schedule ‘BB’ – Transportation Plan).  Changes to the road pattern in the draft Plan include the identification of the Midland Avenue extension and the link between Old Kennedy Road and Kennedy Road as minor collector roads, and the relocation of the proposed local road south of Victory Avenue further north, to align with Aldergrove Drive in anticipation of future signalization at the Old Kennedy Road/Aldergrove Drive intersection.  The transportation policies have been revised to reflect the completion of the transportation study and the road network identified on the transportation schedule.  A policy regarding the need for further study of a possible future pedestrian link across the GO rail line to the Pacific Mall/Market Village commercial area to the east has also been included.

 

·        Developers Group requirement – a Developers Group is required in this area to ensure that land owners required to provide lands for community uses such as parks, school and public roads are fairly compensated. The Secondary Plan will require that development approvals will be subject to proponents entering into a Developers Group Agreement or alternative agreement that addresses sharing of community and infrastructure facilities costs not covered by development charges or by an approved Community Improvement Plan.

 

In addition to the proposed changes to the specific policies outlined above, editing changes have been made to the text of the draft Secondary Plan, and to Schedule ‘AA’ – Detailed Land Use Plan.    Appendices I, II and III have been revised to reflect the changes in land use and density maximums outlined above, and also to reflect updated persons per unit assumptions.  These changes do not affect the intent of the Secondary Plan.

 

It is recommended that the Official Plan Amendment incorporating a Secondary Plan for the Milliken Main Street Area within the Risebrough Planning District, attached as Appendix ‘B’, under separate cover, be approved and forwarded to the Region of York for approval.

 

PROPOSED CHANGES TO THE DRAFT IMPLEMENTING ZONING BY-LAW

The following are proposed changes to the draft implementing zoning by-law.  The revised draft zoning by-law is attached as Appendix ‘C’.

 

Changes to reflect recent Council approved changes to By-law 177-96

In January, 2005 Council approved a housekeeping amendment to By-law 177-96 which restructured the by-law, clarified certain provisions and introduced a number of new provisions reflecting current development standards.  One of the changes to the by-law relevant to the Milliken Main Street area is the addition of a Community Amenity zone which reflects stand-alone retail.  This new Community Amenity Four (CA4) zone is proposed for lands along Steeles Avenue which have a Community Amenity Area – Steeles Avenue designation in the Secondary Plan.

 

Certain existing uses to be recognized

A number of use permissions have been added to the implementing zoning by-law to reflect certain existing uses as follows:

·        82 Old Kennedy Road – as stated previously, the existing textile manufacturing use at 82 Old Kennedy Road has been recognized as a permitted use for this property.

·        133 Old Kennedy Road – the existing place of worship use has been recognized as a permitted use in the Medium Density Residential and Community Amenity Area (Main Street) zones.

·        146 Old Kennedy Road – the existing bowling alley uses are recognized as permitted uses.

·        186 Old Kennedy Road – the commercial uses permitted under the existing zoning will continue to be permitted, but only in the existing building.

·        4600 Steeles Avenue – this site contains the historical Milliken Public School building which has, until recently, been occupied by a private school.  Given a number of factors unique to this site, including the need to ensure compatibility of future development with the existing low density residential community on the north and east sides, the impact of the proposed Midland Avenue extension on the west side of the site, and the desire to preserve the existing heritage building, it is recommended that, in the absence of a site plan application, the permitted uses in the implementing zoning by-law be restricted to residential and commercial uses consistent with Community Amenity Area – Steeles Avenue designation, but limited to the existing building and an approved addition to the building.

 

Holding provision to include requirement for environmental clearance

In addition to the holding provisions related to development approvals and infrastructure capacity, a requirement for environmental clearance on lands to be developed is proposed to be included as a condition to be satisfied prior to the removal of the Holding provision. The Holding provision will apply to the zoning of all of the lands within the area subject to the implementing zoning by-law, except for certain existing permitted uses. 

 

It is recommended that the draft implementing zoning by-laws attached as Appendix ‘C’ be finalized and approved.

 

NEXT STEPS

Secondary Plan to be approved by Region of York

The Region of York is the approval authority for the Milliken Main Street Secondary Plan.  It is recommended that, upon approval by the Town of Markham Council, the Region of York be requested to approve the Official Plan Amendment incorporating the Secondary Plan for the Milliken Main Street Area.  Upon Regional approval of the Secondary Plan, the Council approved implementing Zoning By-law will come into effect.

 

Action and Financial Strategy (Community Improvement Plan)

In recognition of the impediments to development within the Secondary Plan Area (e.g., property configuration, fragmented land ownership, the nature of current uses, potential site remediation costs), an Action and Financial Strategy is being prepared by the study consultants to identify actions through which the Town can pro-actively encourage redevelopment.   One of the elements of the Action and Financial Strategy is the identification of the Secondary Plan Area as a Community Improvement Project Area and the preparation of a Community Improvement Plan.  This designation will allow the Town to use a number of financial tools to facilitate redevelopment in the area, including: the ability to acquire land through purchase or expropriation, and to improve and resell the lands; and the authority to waive or reduce fees and charges or offer grants and loans to property owners for improvements to their properties.   

 

One of the components of the Action and Financial Strategy work is to assess the municipal fiscal implications of the proposed action strategy, considering both the costs to the Town and the potential returns, in terms of increased tax revenues, from any future Town investment in the Secondary Plan Area.    A draft analysis is being prepared, and will be presented to Council in the near future.  Following Council endorsement of the strategy, a Community Improvement Plan will be prepared and presented to Council.  Approval of the Community Improvement Plan will require a Public Meeting and, potentially, provincial approval.

 

In accordance with Official Plan policies, Community Improvement Project Areas are designated in the Town through a by-law.  It is recommended that the by-law to designate the Milliken Main Street Secondary Plan Area as a Community Improvement Project Area, attached as Appendix ‘D’, be adopted now.

 

Area Specific Development Charges By-law

An Area-Specific Development Charges By-law (ASDC) for the Secondary Plan Area is currently being prepared by Town staff.   The ASDC will provide for the equitable distribution of the costs of new infrastructure improvements (e.g., roads, sewer, water, stormwater infrastructure, etc) within the Secondary Plan Area.  A draft of the By-law will be presented to landowners prior to finalization and consideration by Council.   It is recommended that a Public Meeting be held to consider the draft ASDC once the draft by-law is sufficiently advanced.

 

Zoning By-law and Property Standards Enforcement

One of the components of the Council-endorsed implementation strategy for redevelopment of the Secondary Plan Area is the enforcement of the zoning by-law and property standards.  The Milliken Main Street study area has been identified by Council as a high priority for property standards compliance and by-law enforcement, and staff have been directed to initiate a review of zoning compliance for all properties within the study area, and to recommend actions to be taken against non-compliant property owners, for consideration by Council.  This review has been initiated and once the implementing zoning by-law for the Milliken Main Street Secondary Plan Area takes effect, a concentrated enforcement program will be implemented.

 

FINANCIAL CONSIDERATIONS:

None at this time.  Financial implications will be considered in the Financial Strategy and Community Improvement Plan, which will be presented and reported on at a later date.

 

ENVIRONMENTAL CONSIDERATIONS:

The Secondary Plan protects the existing woodlot and provides for the remediation of potentially contaminated soils.

 

ENGAGE 21ST CENTURY CONSIDERATIONS:

The Secondary Plan promotes a number of key objectives set out in "Engage 21st Century Markham" by providing for efficient use of infrastructure, transit-supportive land use patterns and density, compact development and high levels of architectural and urban design. 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

Internal departments and external agencies have been involved throughout the study to date and all concerns have been addressed.

 

 

ATTACHMENTS:

Figure 1                     Milliken Main Street Study Area

Figure 2                     Schedule ‘AA’ – Detailed Land Use Plan

 

Appendix ‘A’            Status of Development Applications

Appendix ‘B’            Official Plan Amendment (under separate cover)

Appendix ‘C’            Draft Zoning By-laws

Appendix ‘D’            Community Improvement Project Area 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

 


 

DOCUMENT: Q:\Development\Planning\Teams\South\Milliken Main Street\Implementation\DSC Rpt 7june05 last revised20may05

 

 

 

FIGURE 1:  Milliken Main Street Study Area