Tall Problem

NRU
February 5, 2014
By Edward LaRusic

Whether or not to cap building heights in Newmarket is brewing as municipal election issue as a draft urban centres secondary plan nears completion.

Regional councillor John Taylor is at odds with city staff recommendations which permit a maximum height of 20 storeys at the Yonge Street and Davis Drive intersection, with section 37 density bonusing allowing for up to 30 storeys.

Taylor told NRU that he thinks it is premature to allow such density in the city.

“Early in the process, I asked that we explore height limits of approximately 15 storeys, and made a motion to that effect about two years ago. We’re coming very close to the end [of the secondary plan process] now, and staff has set up a series of height and density limits throughout the secondary plan areas. Part way through the process, [staff ] brought in bonusing, which is not an uncommon concept through section 37, but they added those on top.”

Staff is recommending that at the Yonge-Davis intersection, that heights of 20 storeys be allowed, stepping down to 15 storeys for adjacent properties. Along Yonge to the immediate north and south, as well as Davis to the east, staff recommends 10 storeys be allowed, stepping down to 6 storeys to allow height may be achieved through section 37 bonusing, which would allow buildings as tall as 30, 25, 18, and 8 storeys in the respective areas. Staff also recommend in the draft report that 15 storeys - 25 with section 37 bonusing - be allowed in the Yonge-Mulock Drive area to the south, as well as the Bolton Avenue-Davis Drive intersection near the regional healthcare centre.

Taylor believes that the height limits that staff are recommending in the draft report are not only out of touch with what he believes is appropriate for Newmarket, but also are heights that do not reflect what developers would be willing to build.

“I think Newmarket being quite a bit smaller and earlier in its development is unlikely to see anything of that magnitude. We’d be leaving benefits on the table. I just don’t think [developers] would be building buildings of those heights. So why not make it a little more restrictive? You can change it every 5 years through the official plan [review]. I think in some ways we’re losing an opportunity.”

Taylor is not clear when he would be moving a motion to address height limits, but suspects it will be in a month or two. He said he is waiting until at least a February 10 workshop with staff members about the secondary plan that helps lay out their rationale.

“In all likelihood, I’m going to move a motion that any [section 37] bonusing be allocated within the original height limits of 20, 15, 10 and 6.”

The issue is being pushed into the spotlight thanks to Darryl Wolk, a candidate for Taylor’s regional seat in the upcoming municipal election. Wolk does not support height limits.

“My take is that if you put an arbitrary cap, it’s not going to hold up at the [Ontario Municipal Board].”

Wolk said that he would prefer that council look at development applications on a case by case basis to judge whether the proposed height is appropriate, and to work out any community benefits with the developer.

“If you’re talking about an intersection like Yonge and Davis, let’s see what proposals come in, and judge them on their merits, rather than setting an arbitrary limit. If you set a 15-storey height limit, you’d wind up with routine, ugly, standard buildings.”

Wolk said that Newmarket council has been too quick to fight every application that comes its way. He said that the town is a growing economic centre. He believes that if the town is to be serious about protecting the greenbelt lands that surround it, must add density to the core - especially to create rental space.

“I realize that not everyone is in support of growth. We need to tell them what they need to hear, not what they want to hear.”

Newmarket senior policy planner Marion Plaunt told NRU that the recommended heights in the draft secondary plan were developed by looking at both low growth scenarios projected by York Region, and high growth scenarios from a 2010 visioning document.

“We went to the public with that, and then based on the input from that engagement, we developed the development concept that looked at where there were opportunities for the greatest density and height, and where there were areas that should remain quiet.”

Plaunt said that the process continues to be tweaked, and that urban design principles are going to apply to any application, potentially limiting building heights less than the draft secondary plan suggests. Plaunt said that staff is examining using 45 degree angular planes when assessing applications to provide an appropriate transition to neighbouring residential buildings, and to limit shadow impacts.

Plaunt said that whether council wishes to allow greater heights in order to qualify for section 37 benefits is a decision it can decide to make or not.

“The [height] bonus is at council’s discretion.”

Taylor said he is open to having his mind changed.

“I’m not married to [having height limits]. I’m always open to being educated.”

Newmarket mayor Tony Van Bynen said he shares Taylor’s concerns about the section 37 bonusing proposal, and doesn’t think the market would allow a 30-storey building in Newmarket.

“I think the purpose of the secondary plan is to set out a framework that defines what council - having consulted with the community - feels is appropriate. If a developer feels there is a market for more than that, there are processes that are in place that have to [be followed to have that] happen.”

“I think it’s more than just height limits. It’s around community building, and it’s around making sure there is a good transition between the existing built form and residential areas.”

Staff will be seeking further direction from council about the refined secondary plan on February 24th, with an aim to get a recommendation from council to send the secondary plan to York Region for approval in May.