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COMMUNITY MEMO

Date: Oct 7 2004

From: John Webster, Councilor Ward 5

Re: Highway 48 North Commercial Development

The purpose of this Community Memo is to keep you up to date on the Development of lands on Highway 48, north of 16 th Avenue, and to ask for your input. I have tried to be objective in presenting the facts, then stating my opinion of the next steps, and then asking for your opinion.

There have been three meetings on this subject, and you are receiving this because you have either attended one of them, or have said you are interested in being kept up to date. While the development is entirely in Councillor George McKelvey’s ward, there will be ramifications for Ward 5.

Background

The area was designated for commercial and mixed uses 10 years ago by Official Plan Amendment No. 26, which implemented the recommendations of a study of commercial requirements to meet the needs of the Town’s then recently approved urban expansion lands (OPA 5). This means, in general, that the use could be for either residential or commercial, which would include “Big Box Stores”

Residents have mobilized in objection to the possibility of a retail sector north of 16 in a scale larger than that currently south of 14 th.

At the meeting last Tuesday, I moved the staff recommendation that, among other things, will do

• A retail impact study to find the needs and impact of this amount of commercial area.
• A peer review of the consultant’s work
• Specifically focus on the following items:

1. The transition to the historic main street, in particular an appropriate gateway character and fit with the finer scale of development parcels and buildings to the south of 16 th Avenue;
2. Current and emerging best practice - not just in the GTA, but throughout North America - for larger scale commercial development;
3. The application of the principles of New Urbanism to the commercial development, including:

• Opportunities to integrate residential development and mixed commercial-residential development into the study area
• A more humane pedestrian supportive environment
• Scaling, massing and heights that relate to human scale
• A more intimate “framed” streetscape for Highway 48

There is more information and the recommendation by the staff on my website at www.johnwebster.com but for those who do not have access to the internet, if you contact me I’ll send you a paper copy.

Points of View

The merchants on the Main Street of Markham have prepared 4 recommendations:

Recommendation #1: Create a tax levy for commercial and retail development that is given to and administered by the MVBIA to continue its mandate. After all everyone, including new developments benefit from a healthy, vibrant Main Street. Currently the small businesses on Main street, who don’t have the resources of big company, pay.

Recommendation #2: Conduct an in-depth Retail Impact Study, that doesn’t just concentrate on what is lost, but also addresses what will be gained. Simply working to manage the losses or minimize impact is not a formula for ensuring future sustainability of the street.

More facts: We have about 147,000 sq ft of retail space, Major Mac development is 1.6 million sq ft. The reality is, there is an impact…the question becomes how can we work together to make the impact mutually beneficial.

Recommendation #3: Install an interim control bylaw. This is a common sense recommendation because, as we understand it, landowners may prepare and submit detailed plans for their proposed developments. Planning must respond to the applicant within 30 days, or face a challenge at the Ontario Municipal Board. By adopting this recommendation you will be living up to Markham’s credo “preserving the past, building for the future”.

Recommendation #4: Prepare a detail plan, a study if you will, with the involvement of all stakeholders, which includes a full master plan for the area and that addresses the issues of transit, traffic, heritage, environment, retail and housing. The BIA, in order to survive, requires a reduction in traffic on Main Street. We would be pleased to provide thoughtful advice and counsel.

My Opinion

Recommendation # 1 is an interesting concept and should be looked into. I ‘m not sure how such a thing could be structured, but in consultation with the land owners, it may have some merit.

Recommendation # 2 is being implemented, along with some other issues, by the staff recommendations that were just passed.

Recommendation # 4 is also a part of the studies that are being done and should be available by the end of the year.

Recommendation # 3 is the one I am having trouble with. I want to have the best possible outcome for all. In my opinion, and I’m not a lawyer, the landowners have a strong legal position. The land was zoned by a previous council, and they are trying to market it. However, the times and the needs have changed since then, and I think the landowners want to do what is going to be the most expedient and therefore profitable. We (I’m including myself as a resident here), have the advantage of time.

An interim control by-law, passed by the Town would effectively stop any progress and would probably tie the issue up for a year or two. My fear is that as soon as the Town does that, the owners will immediately apply to the Ontario Municipal Board, and it then comes down to who has the best lawyers.

I think the owners don’t want that. I have spoken informally with some of the representatives and they are open to talking with the Merchants and Residents about ideas and possibilities. The owners are already talking with the Town’s planning staff and there is some movement in positions. I think we can get further with co-operation than with confrontation, but, the Town still has the interim control by-law in their hip pocket.

Our Town Solicitor suggested that the interim control by-law should be used only when necessary in extraordinary circumstances and suggests that we don’t use it unless it becomes necessary at the last minute.

Your Opinion

This will come at the Committee of the Whole and then Council and there will be some who will be pushing for an interim control by-law now, rather than waiting until it is needed.

I’d appreciate your thoughts. Please write, phone, fax or e-mail me, or click on the contact page at www.johnwebster.com