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 Towns 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 – Original Plan before OMB

Shops on Steeles Settlement – Approved Development Concept

Shops on Steeles – Original vs. OMB Approved Concept Plans Original PlanSettlement Plan Residential Units1,7871,235 Res floor area1,591,917 sq ft1,159,771 sq ft Residential FSI Commercial floor area340,843 sq ft270,613 sq ft Commercial FSI Total Floor Area1,932,760 sq. ft.1,430,384 sq. ft. Total FSI Towers > 17 storeys53 Tower heights18 to 32 storeys17 to 25 storeys West ResidentialYesNo West Bldg heights2 to 8 storeys2 to 4 storeys Open Space0.44 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 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 m 2 ) 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/Steeles is 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 Towns and MOEs 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.