DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning & Urban Design

 

 

 

 

PREPARED BY:

Geoff Day – Planner, East Development District

 

 

 

 

DATE OF MEETING:

June 21, 2005

 

 

 

 

SUBJECT:

RECOMMENDATION REPORT

Town-initiated Official Plan amendment to redesignate lands at the north-east corner of  McCowan Road and Bullock Drive from Business Corridor Area to Major Commercial Area

 

Loblaw Properties Limited

Loblaws at the Pumps

200 Bullock Drive, Zoning and Site Plan Applications to permit the construction of a gas bar and car wash facility

 

 

 

FILES:  OP 04 017774, ZA 04-006583 & SC 04-006664

 

 

RECOMMENDATION:

THAT the Town initiated Official Plan Amendment to redesignate the lands at the north-east corner of McCowan Road and Bullock Drive from “Business Corridor Area” to “Major Commercial Area,” attached as Appendix ‘B’, be adopted.

 

THAT the zoning by-law amendment application (ZA. 04-006583) to amend By-law 1229 as amended, submitted by Loblaw Properties Ltd to permit a gas bar and car wash facility at 200 Bullock Drive, be approved and the draft Zoning By-law attached as Appendix ‘A’, be finalized and enacted;

 

THAT the Site Plan application (SC. 04-006664) submitted by Loblaw Properties Ltd to permit a gas bar and car wash facility at 200 Bullock Drive, be approved subject to the following conditions:

 

1.      That the final site plan and elevation drawings be submitted to the satisfaction of the Commissioner of Development Services, including:

 

a.       the provision of an upgraded landscaping treatment along the rear (north) portion of the property to the satisfaction of the Town to screen the gas bar and car wash facility from the residential development to the north;

 

b.      provision to ensure that the environmental buffer along the eastern portion of the site is restored and landscaped (including erosion control fencing) by the Owner, to the satisfaction of the Town and the Toronto & Region Conservation Authority;

 

c.       any revisions required to implement the recommendations of the required traffic impact study, noise study and stormwater management study;

 

d.      the nine (9) parking spaces located within the 10 metre environmental buffer along the eastern portion of the property be removed;

 

e.       screening of lighting from the gas station to mitigate its impact on existing residential development;

 

2.      THAT a Landscape Plan, prepared by a Landscape Architect having O.A.L.A. membership, be submitted to the satisfaction of the Commissioner of Development Services;

 

3.      THAT the Owner convey to the Town the required land to accommodate the intersection improvement on the north east corner of Bullock Drive and McCowan prior to development approvals, to the satisfaction of the Commissioner of Development Services;

 

4.      THAT a letter of credit be provided by the Owner in the amount of $40,000 to secure the construction of the satellite building or interim upgraded landscape feature, to the satisfaction of the Commissioner of Development Services;

 

5.      THAT the Owner comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

6.      AND THAT the Owner enter into a site plan agreement with the Town, containing all standard and special provisions and requirements of the Town and public agencies;

 

7.      AND FURTHER THAT the site plan approval shall lapse after a period of three years commencing June 21, 2005 in the event a site plan agreement is not executed within that period.

 

PURPOSE:

The purpose of this report is to recommend approval of the proposed zoning by-law amendment and site plan submitted by Loblaw Properties Ltd to permit a gas bar and car wash facility at 200 Bullock Drive and adoption of a Town initiated Official Plan Amendment to redesignate the lands at the north-east corner of McCowan Road and Bullock Drive from “Business Corridor Area” to “Major Commercial Area”.

 

BACKGROUND:

Property and area context

The 6.27 ha subject lands are located at the northeast corner of Bullock Drive and McCowan Road as shown on Figure 1.   Immediately to the north is the GO Transit Stouffville Rail line.  To the north of the rail line is a townhouse development.  To the east is an existing drainage channel.  A Canadian Tire store is located to the south across Bullock Drive.  The Centennial Community Centre is located to the west across McCowan Road. 

 

A 12,826.7 m2 (139,268 ft2) Loblaws food store is located on the westerly half of the property and a 1,124m2 (12,100 ft2) LCBO store is located on the southeast portion.  The area to be occupied by the proposed gas bar and car wash is vacant (Figure 3).

 

Official plan and zoning

The subject lands are currently designated “Business Corridor Area” by the Official Plan.  As shown on Figure 2, the property is zoned Business Corridor under By-law 1229, as amended.  The current list of permitted uses does not include gas bars or car washes and therefore a zoning By-law amendment is required.

 

On August 30, 2004, Development Services Committee recommended approval of a Town initiated amendment to the Town's Official Plan, to re-designate the lands at the north-east corner of McCowan Road and Bullock Drive from “Business Corridor Area” to “Major Commercial Area.”  The “Major Commercial” designation is considered to better reflect the existing and proposed development of the site.

 

It was intended to have the Official Plan Amendment run concurrently with the Loblaws gas bar and car wash site plan application which would have also included a rezoning of the subject lands. 

 

Unfortunately, there was no significant progress made regarding the type and scale of the proposed landscape feature in lieu of a future satellite building at the corner of Bullock Drive and McCowan Road as discussed below, hence the final report was not forwarded to Development Service Committee.

 

On May 19, 2005, the Owner filed appeals to the Ontario Municipal Board under Sections 34 (11) and 41(12) of the Planning Act, R.S.O. 1990, c.P13, as amended, siting Council’s failure to approve the applications to amend the zoning by-law and site plan to permit the proposed gas bar and car wash facility.

 

DISCUSSION:

Issues raised at May 18, 2004 Public Meeting have been addressed

Gas station use

Concerns were raised by area residents regarding traffic generation, odour, air pollution, the need for an additional gas station and the potential for spills or explosions.  This site complies with the Official Plan policies for gas station locations, and is separated from existing residential development by the GO Transit Stouffville Rail Line to the north.  The proposed gas station will also be buffered from the townhouse development to the north by a landscape buffer.

Site plans for gas stations are subject to review, from a safety perspective, by the Technical Standards and Safety Authority under the Provincial T.S.S. Act.  Gas stations are located within close proximity to many residential areas throughout the Town without incident.

 

Future satellite building

The approved site plan for Loblaws indicates a future satellite building at the corner of Bullock Drive and McCowan Road. To date, there have been no applications submitted.  It is important to have a satellite building at this location to anchor the corner with built form and reduce the visual impact of the extensive parking area in front of the Loblaws store. Loblaws have no immediate plans to construct the satellite building.  Staff met with the applicant on several occasions to discuss the possibility of installing a significant landscape feature within the portion of the site which will contain a future satellite building.  Unfortunately, there has been no significant progress made with Loblaws regarding the type and scale of the landscape feature.  In order to avoid further delay to the approval of the gas bar and car wash facility, staff recommend that the Owner be required to post a letter of credit in the amount of $ 40,000 to secure construction of the satellite building or interim landscape feature.

 

Traffic issues and traffic study recommendations

Concerns were raised with respect to the potential for higher traffic levels, both internally, entering the site and at the Bullock Drive/McCowan Road intersections.  The applicant undertook a traffic study which reviewed the potential impact of the proposed development on the existing site.  Engineering Staff have reviewed the Traffic Study Report submitted in support of the subject application and concur with the recommendation of that report that provision for a four way stop control at the internal intersection be located north of the signalized driveway along Bullock Drive.  Staff have no concerns that the addition of the Gas Bar and Car Wash facility will have any negative impacts on the existing road network.  Any required revisions to the site plan resulting from the implementation of the recommendations of the traffic study will be made prior to final approval of the site plan.

 

Land required for road improvement

Improvements are planned for the McCowan Road / Bullock Drive intersection where land on the north side of Bullock Drive, east of McCowan Road, beyond the current right-of-way, will be required. The Town of Markham and the Region of York will be identifying the intersection improvement and the amount of land required. The applicant will be required to convey to the Town the required land to accommodate the intersection improvement as a condition of site plan approval.

 

No future expansion

The portion of the site where the gas bar/car wash is now proposed was originally intended to accommodate additional parking required to support a future addition to the Loblaws store.  The site plan agreement will include an acknowledgement from the Owner that plans for the addition has been abandoned in favour of the current proposal.


Garbage and dumping

Garbage collecting along the north eastern portion of the property along the drainage channel has been an ongoing problem on the subject property.  The ongoing monitoring provided by the employees and customers of the gas bar may act as a deterrent to this garbage problem.

 

Zoning by-law amendment

The subject lands are currently zoned Business Corridor under By-law 1229, as amended.  In 1999, a site specific zoning by-law amendment (By-law 216-99) rezoned the property from Industrial (M) to Business Corridor (BC). 

 

A draft zoning by-law amendment is attached as Appendix “A”. The proposed amendment to By-law 1229 zones the lands “Major Commercial (MJC)”, and incorporates site specific development standards tailored to the existing development and development proposal.

 

Site design

The applicant has worked with staff to incorporate architectural and urban design features that limit any negative visual impacts that are generally associated with gas bars and car wash facilities including the following:

·        The proposed gas station will be buffered from the townhouse development to the north by an upgraded landscape buffer and approximate 2.5 metre high berm;

  • Additional landscaped areas are provided to soften, anchor and partially screen the building kiosk from Bullock Drive;
  • Lighting will be the directional type and in compliance with Town standards and regulated through conditions in the site plan agreement to ensure that no direct lighting will be directed on adjacent properties.  A certificate from a qualified lighting consultant will be required.

 

Staff are satisfied with the site plan and building elevations and recommend them, and the requested zoning for approval.

 

FINANCIAL CONSIDERATIONS:

There are no financial implications to be considered in this report.

 

ENVIRONMENTAL CONSIDERATIONS:

The Toronto & Region Conservation Authority has been circulated and has no objection to the approval of the site plan control amendment and zoning by-law amendment provided the landscape plans are revised and resubmitted in order to adequately address the following ecology comments:

 

  1. that sediment control fencing be in place prior to the onset of work to contain the work site;
  2. that the staging area and/or soil hoarding site must be contained by sediment fencing;
  3. that euonymus, daylily, periwinkle and all ornamental grasses be contained within cement planters to the west of the proposed car wash thoroughfare; and,
  4. that further native plantings to  the eastern limits of the property adjacent to and along top of bank consist  of both herbaceous and woody material, and that a no-mow zone be established within this planted area.

 

ACCESSIBILITY CONSIDERATIONS:

Parking spaces for disabled persons will be provided in appropriate locations with curb depressions and ramps.

 

ENGAGE 21ST. CONSIDERATIONS:

Environmental Focus

The applicant will be required to protect, enhance and restore the portion of the Milne Creek that is located on the property.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The proposal has been circulated to other Town Departments and agencies and all comments have been addressed and complied with.

 

 

 

 

 

 

 

 

Valerie Shuttleworth, M.C.I.P., R.P.P.

Director of Planning & Urban Design

 

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

Commissioner of Development Services

 

DOCUMENT:  Q:\Development\Planning\APPL\ZONING\04 006583\Loblaws Gas Pump\2004 DSC Recommendation Report.doc

 

ATTACHMENTS:

                       

Figure 1:  Location Map

Figure 2:  Area Context/Zoning

Figure 3:  Air Photo

Figure 4:  Proposed Site Plan

Figure 5 – Elevations

 

Appendix ‘A’:    Draft Zoning By-law  

Appendix ‘B’:     Draft Official Plan Amendment

 

 

APPLICANT:                       Harry Froussios

                                             Zelinka Priamo Ltd.

                                             318 Wellington Road

                                             London, ON

                                             N6C 4P4

                                             (519) 474 - 7137