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Shops on Steeles. Settlement Plan Approval by Ontario Municipal Board. Shops on Steeles – Policy Context. Provincial Policy Statement promotes intensification in established urban areas over greenfield development; planning decisions must be consistent with PPS;
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Shops on Steeles Settlement Plan Approval by Ontario Municipal Board
Shops on Steeles – Policy Context • Provincial Policy Statement promotes intensification in established urban areas over greenfield development; planning decisions must be consistent with PPS; • Provincial Growth Plan identifies key intensification elements (i.e. Growth Centres; transit corridors) and establishes growth targets, minimum development densities and intensification targets; • Regional Official Plan: site within Urban Area and Local Corridor designation;Don Mills and Steeles are Regional Rapid Transit Corridors; • Markham Growth Management Strategy: minimum 60% intensification; site designated as Major Corridor in Town’s intensification hierarchy
Shops on Steeles – Application Context • October 2007 – OPA submitted • 2008 – Community Information Meetings • March 2008 – Zoning By-law application submitted • 2008 – 2010 – Working Group Meetings and Public Meeting • June 2010 – Applicant appeals to OMB • November 2010 – Council denies applications, and authorizes negotiations • Early 2011 – Settlement negotiations • February 2011 – GMRA Counter Offer • March 2011 – Council supports settlement • April 2011 – OMB Hearing
Shops on Steeles – OMB Decision • Ontario Municipal Board decision issued June 20, 2011: • Minutes of Settlement found to be satisfactory and consistent with Planning policies of the Province, Region and the Town; • Redevelopment proposal will bring needed revitalization to shopping centre; • Satisfied that redevelopment with clustered residential is compatible with surrounding uses and will fit neighbourhood context; • OPA, ZBA and Minutes of Settlement satisfactory subject to minor modifications; • Board Order withheld pending execution of the Section 37 Agreement by Bayview Summit and receipt of revised OPA and ZBA from Town
Shops on Steeles – Approved Minutes of Settlement • Development to be per settlement plan • Requirements for Hold Provisions and Sewer Monitoring Studies: • Closed Circuit Television Inspections of GM neighbourhood sewers to id potential deficiencies within 30 days of OPA/ZBA approval; • Program to monitor sewage flows in system; • Development phasing linked to sewer capacity; • Owner to provide on-site sewage flow control system if required; • Owner to design and build Steeles Avenue relief sewer • Owner indemnifies GMRA residents against sewer flooding; • Technical reports to be circulated to GMRA • Obligations will be binding on future purchasers of SOS site
Shops on Steeles Settlement – Approved Section 37 Agreement • Section 37 of the Planning Act allows a municipality, subject to Official Plan policies, to require a developer to provide community benefits, or a cash payment exchange for increased height and density. • In the fall of 2010, Markham adopted new Official Plan policies regarding density bonussing, and it is now Town policy to require Section 37 contributions for high density residential • The settlement plan requires a contribution of $1.85 million from developer, which must be paid prior to lifting holding zone provisions on the residential component
Shops on Steeles Settlement – Approved Official Plan Amendment • Extends permitted uses to apartments in addition to commercial and retail; • Establishes overall density of 1.85 FSI, limiting residential to 1.5 FSI and 1,235 units; • Building heights limited to the heights set out in the development concept • Establishes urban design principles to guide future site plan application(s) • OMB requires minor change to OPA: • Add policy requiring provision of a publicly-accessible indoor meeting area as part of the commercial redevelopment • Add policy requiring City of Toronto review of future transportation impact studies
Shops on Steeles Settlement – Approved Zoning Amendment • Zoning By-law establishes a commercial-only zone on the west half of the site; high density residential/commercial zone to the east; and an open space zone; • maximum building heights as set out in development concept; • Establishes maximum high rise building footprint (850 m2) and minimum separation between tall buildings (25 to 30 m); • Site-specific parking standards, similar to other mixed use sites in Markham;
Shops on Steeles Settlement – Approved Phasing Plan • Approved zoning contains detailed phasing plan: • Phase 1 – minimum of 200,215 sq. ft. of retail commercial –before or concurrent with first phase of residential. There are no hold provisions on retail/commercial development; • Phase 2 – 748 apartments requires removal of the (H1) Holding Provision on the east (residential) side of the site; • Phase 3 – 487 apartments requires removal of the (H1) and (H2) Holding Provisions on the east (residential) side of the site
Shops on Steeles Settlement – Approved Phasing Plan • Conditions for removal of (H1) Hold provision: • Payment of Section 37 financial contribution; • Confirmation that Regional servicing allocation is available; • Approved servicing study; • Execution of development agreement(s) if additional offsite services required; • Submission of transportation monitoring and transportation impact studies;
Shops on Steeles Settlement – Approved Phasing Plan • Conditions for removal of (H2) Hold provision: • Removal of (H1) Hold provision; • Payment of Section 37 contribution; • Confirmation that Regional servicing allocation is available; • Approved servicing study; • Execution of development agreement(s) if additional offsite services required; • Submission of transportation monitoring and transportation impact studies; • OMB requires minor change to Hold removal conditions: to include City of Toronto as a review agency for transportation studies.
Shops on Steeles – Next Steps • Owner must execute Section 37 agreement before OMB will issue order approving OPA and ZBA; • Site Plan Approval required prior to development, in phases, with commercial proceeding ahead of residential; • Open space area will be developed during residential phase(s); privately owned, publicly accessible through public easement; • Open space design must be approved by Town, developer responsible for construction; condominium corporation responsible for ongoing maintenance; • Public to be consulted on site plans and park design, through Ward Councillor.
Shops on Steeles – Transportation • The Town retained a peer review to assist with the review of the MMM report and to prepare for the hearing; • The Region also carried out an independent review; • The net increase in traffic was found to be acceptable due to the mixed use nature of the development and the increase in transit modal split; • The intersection of Don Mills/Steelesis typical of many busy intersections within the Greater Toronto Area; • Monitoring of future traffic impact is required.
Shops on Steeles – Stormwater Management • The current site does not have stormwater management control. Storm runoff beyond a 2-year storm drains into the MTO right-of-way and onto Steeles Avenue; • The redevelopment of the site will improve the stormwater management because it will be designed to current Town’s and MOE’s standards in terms of quality and quantity control; • Storm runoff up to a 100-year storm will be retained on site through roof top storage, surface and underground storage, and released over an extended period at the 2-year storm release rate to existing storm sewers.
Shops on Steeles – Sanitary Servicing • The existing downstream sanitary sewer can accommodate flow from the initial development phases; • Ultimate development will require a new sanitary sewer, potentially located within the Steeles Avenue right-of-way; • Based on the April 6 Minutes of Settlement, the owner is required to: • carry out a sewer monitoring program – this has already started; • video the main line sewer – this was carried out on April 11. The condition of the main line sewer is OK; • The Town also carried out video inspection of about half of the 60+ laterals on the downstream sewers in mid- to late May. More than half of the surveyed laterals have moderate to severe blockages.