Report to: Development Services Committee Report Date: May 10, 2011

SUBJECT: PRELIMINARY REPORT

2218942 Ontario Limited

Official Plan, Secondary Plan and Zoning By-law Amendment applications to re-designate and re-zone the lands to permit a stand alone financial institution and associated drive through facility

Cornell Community, 9225 9th Line

File No. OP 08-116248 and ZA 08-113256

PREPARED BY: Stephen Kitagawa, Senior Planner – extension 2531

RECOMMENDATION:

That the report dated May 10, 2011, entitled “Preliminary Report, 2218942 Ontario Limited, Official Plan, Secondary Plan and Zoning By-law Amendment applications to re-designate and re-zone the lands to permit a stand alone financial institution and associated drive through facility, Cornell Community 9225 Ninth Line” be received;

That Staff be authorized to schedule a statutory Public Meeting to consider the proposed Official Plan, Secondary Plan and Zoning By-law Amendment applications;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

6. Accessibility 7. Engage ^21st 8. Affected Units 9. Attachment(s)

PURPOSE:

The purpose of this report is to provide preliminary information regarding Official Plan, Secondary Plan and Zoning By-law Amendment applications received to permit a stand alone financial institution with associated drive through facility and to amend the development standards to accommodate the proposed use. The report also seeks authorization to hold a statutory Public Meeting with respect to these matters. This report contains general information in regards to applicable OP or other policies as well as other issues and the report should not be taken as Staff’s opinion or recommendation on the applications.

BACKGROUND:

Complete application date

The Official Plan, Secondary Plan, and Zoning By-law amendment applications by the original applicant Forecast Inc. were received May 13, 2008 and were deemed complete July 10, 2008.

Property and Area Context

The subject property is approximately 0.34 hectares (0.84 acres). The site is vacant and contains no natural features except for 3 mature coniferous trees.

The property is located on the east side of 9th Line, south of 16^th Avenue and north of Morning Dove Drive (see Figure 1). To the north of this property is a Petro Canada gas station with associated car wash and convenience store. To the east and to the south are lane based, Cornell residential homes. To the west across 9th Line are single detached lots fronting onto Spragg Circle and backlotted onto 9^th Line.

Official Plan and Secondary Plan designation does not contemplate this use

The subject property is designated “Urban Residential” in the Official Plan, and “Residential Neighbourhood” in the Cornell Secondary Plan (OPA 168).  The proposed financial institution (bank) use is not contemplated on this property by the Cornell Secondary Plan. Therefore Official Plan and Secondary Plan amendments are required.

Applicable Zoning By-law does not permit the use

The site is currently zoned Urban Residential Two [R2*190(H)] under By-law 177-96, as amended, which permits a single detached residential building. The Hold provision, appended to the residential zoning of the property, was intended to be lifted upon site plan approval. The applicant proposes to re-zone the lands from Urban Residential Two [R2*190(H)] under By-law 177-96 as amended, to Community Amenity One (CA1) with site specific exceptions under By-law 177-96 as amended, to permit a stand alone financial institution and associated drive-through facility.

The proposed amendment will, if approved, change the permitted use from residential to commercial, and also modify zoning standards to permit the proposed development. Site specific provisions requested include:

• Permission to include the financial institution as a free-standing use;
• A site specific permission for a financial institution with a drive-through facility;
• A reduction to the minimum height provision required for commercial uses from 10.5 metres to 9 metres; and
• Deletion of the requirement for a loading space.

A Site Plan application is expected to be submitted

The applicant proposes a 510.98 m² (5,500 ft²), single storey, stand alone TD Canada Trust bank branch with an associated drive through facility. Access to the site will be from 9th Line. The concept plan also indicates 56 parking spaces, whereas the parking By-law requires only 26 spaces at a rate of 1 space for every 20 m² of net floor space. A site plan application is expected to be submitted.

The original applications for Official Plan and Zoning By-law Amendment were submitted by Forcast Inc. in May 2008, however, the applications were put in abeyance, at the applicant’s request, following a public information meeting.

An option to purchase the subject property has been undertaken by 2218942 Ontario Limited. They have requested that the Official Plan and Zoning By-law amendment applications be re-activated.

The applicant is proposing to incorporate various sustainable design elements

The applicant has advised that the site plan application for this TD Canada Trust bank branch proposal will include the following sustainable design elements: 

· White roof construction;

· Reduced light pollution – LED lighting for fascia signs, reduced parking lot lighting levels;

· Use of drought tolerant landscaping;

· Low consumption lighting;

· Low VOC carpet, paint, adhesives and sealants; and

· Thermal comfort monitoring.

OPTIONS/ DISCUSSION:

The proposal is not provided for in the Cornell vision

The proposed concept plan is a stand alone, single-use building with vehicular access to 9^th Line. In this area, stand alone commercial uses are generally not permitted within Cornell. Commercial uses are to be integrated within the neighbourhood as mixed use developments, as demonstrated along Bur Oak Avenue and the Cornell Mews. The Petro Canada gas station is the only free standing use within the Cornell Community. That site was designated as an automobile service station location in the original 1994 Cornell Secondary Plan (OPA 20) and a Petro Canada gas station was given site plan approval in 2004.

The lands are intended to support residential development

During the site plan review of the gas station, it was indicated that the subject property would be used for a single detached home and at that time, the gas station lands and the subject property were under a single ownership. To ensure compatible residential development occurred, in the event a single detached home was not built, staff ensured the subject land parcel was sufficient in size to accommodate a pattern of residential development similar to the lands to the south, with vehicle access from a possible extension of Winklers Lane.

Staff are reviewing proposal relative to Town’s Design Guidelines for Drive-through facilities

In June, 2010, Council endorsed Design Guidelines for Drive-through Facilities. The guidelines provide direction to properly assess and achieve appropriate built forms of drive-through development. Staff are presently reviewing the proposal as it relates to the guidelines.

Public information meeting on August 30, 2007

The original applicants (Forecast Inc.) held a public information meeting on August 30, 2007, for local residents.  They stated that approximately 10 individuals attended and that these residents were interested in the proposed urban design and site plan matters, specifically related to the interface between the proposed use and the surrounding residential neighbourhood. 

At the time of the posting of the Notice of Complete Application in July 2008, letters were received by staff from the residents adjacent to the subject lands, objecting to the proposed use. Residents understood that when they purchased their homes that the subject lands would be developed as residential and that a commercial use would impact property values, create safety issues, additional traffic and noise.

Community Meeting held on February 10, 2011

On February 10, 2011, Councillor Colin Campbell held a Community Meeting regarding the re-activated applications by 22118942 Ontario Limited for the proposed financial institution.  The meeting was attended by approximately 10 residents from the immediate neighbourhood as well as the applicant and their consultants. Town Planning staff are advised that during the review of the proposal, the resident’s main concern related to the presence of a proposed walkway and treatment of the landscape strip between the proposed use and the surrounding residential homes.  The applicant agreed to remove the proposed walkway and include a 6 foot fence and 10 foot cedar trees within the landscape strip surrounding the property.  These improvements to the site plan, as well as the proposal as a whole, were generally supported by those in attendance.

Potential Benefits of Approval of the Proposal:

The proposal contemplates a financial service institution to serve the local community.

Concerns / Issues to be resolved:

The following is a brief summary of concerns/issues raised to date. These matters and any others that may be identified through the circulation and detailed review of the proposal, and arising from the public meeting, will be addressed in a final staff report to be presented to Committee at a later date.

• The stand alone use and associated drive through facility need to be considered relative to the New Urbanism character of the Cornell Community, including pedestrian friendly design, and mixed use development.
• Review the nature of any adverse impacts on adjacent properties.
• Appropriateness of the drive-through facility as it relates to this proposal.
• Implementation of sustainability and bird-friendly measures.
• Access from 9th Line is subject to Region of York approval.
• Traffic and noise studies submitted by the applicant are to be reviewed.
• The design exceeds the number of required parking spaces, and the amount of parking to be permitted needs to be reviewed in the context of urban design and sustainability objectives.
• Urban Design staff must be satisfied with the architectural design, site plan, and landscaping, particularly with regard to landscape buffers, the preservation of the existing trees and the Golden Jubilee (pathway along 9^th Line).

FINANCIAL TEMPLATE (external link):

Not applicable.

ALIGNMENT WITH STRATIGIC PRIORITIES

The proposed development will be reviewed in the context of the Town’s growth management principles.

BUSINESS UNITS CONSULTED AND AFFECTED:

The applications submitted by 2218942 Ontario Limited has been circulated to various Town departments and external agencies and is currently under review. Requirements of the Town and external agencies will be reflected in the preparation of the final report.

CONCLUSIONS:

Staff recommend that a statutory Public Meeting be held to consider the proposed amendments.

RECOMMENDED BY:

______________________________ ___________________________

Biju Karumanchery, M.C.I.P. R.P.P. Jim Baird, M.C.I.P, R.P.P

Senior Development Manager Commissioner, Development

Services

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Area Context and Zoning

Figure 3 – Air Photo 2007

Figure 4 – Conceptual Site Plan

AGENT: Sherman Brown Dryer Karol

Attn: Adam Brown

5075 Yonge Street

Unit 900

Toronto, ON

M2N 6C6

Telephone: 416-222-0344 Fax: 416-222-3091

Email: adam@shermanbrown.com

FILE PATH:

Figure 1 – Location Map