Shops on SteelesSettlement Plan Approval by Ontario

Municipal Board

Shops on Steeles – Policy ContextProvincial 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 submitted2008 – Community Information MeetingsMarch 2008 – Zoning By-law application submitted 2008 – 2010 – Working Group Meetings and Public

MeetingJune 2010 – Applicant appeals to OMBNovember 2010 – Council denies applications, and

authorizes negotiationsEarly 2011 – Settlement negotiationsFebruary 2011 – GMRA Counter OfferMarch 2011 – Council supports settlementApril 2011 – OMB Hearing

Shops on Steeles – OMB DecisionOntario 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 – Original Plan before OMB

Shops on Steeles Settlement – Approved Development Concept

Shops on Steeles – Original vs. OMB Approved Concept Plans

Original Plan Settlement Plan

Residential Units 1,787 1,235

Res floor area 1,591,917 sq ft 1,159,771 sq ft

Residential FSI 2.1 1.5

Commercial floor area

340,843 sq ft 270,613 sq ft

Commercial FSI 0.44 0.35

Total Floor Area 1,932,760 sq. ft. 1,430,384 sq. ft.

Total FSI 2.5 1.85

Towers > 17 storeys 5 3

Tower heights 18 to 32 storeys 17 to 25 storeys

West Residential Yes No

West Bldg heights 2 to 8 storeys 2 to 4 storeys

Open Space 0.44 ha 0.44 ha

Shops on Steeles – Existing View East on Steeles

Shops on Steeles – Approved Concept, Steeles Streetscape

Shops on Steeles – Approved Concept, Steeles Entrance

Shops on Steeles – Approved Minutes of SettlementDevelopment to be per settlement planRequirements 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 GMRAObligations will be binding on future purchasers of SOS

site

Shops on Steeles Settlement – Approved Section 37 AgreementSection 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 AmendmentExtends 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 conceptEstablishes 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 AmendmentZoning 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 PlanApproved 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 PlanConditions 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 PlanConditions 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 StepsOwner 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 – TransportationThe 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/Steeles is typical of many busy intersections within the Greater Toronto Area;

Monitoring of future traffic impact is required.

Shops on Steeles – Stormwater ManagementThe 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 ServicingThe 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.