RECOMMENDATION:
That
the staff report dated March 22, 2005, entitled “Recommendation Report – Volvo/Audi Automobile Dealership at 4072, 4086 and 4096
Highway #7 East, Site Plan Approval and Hold Removal Applications, 1421122 and 1421121 Ontario Limited”, be
received;
That the zoning application (ZA
02.114375) submitted by 1421122 and 1421121 Ontario Limited to remove the Hold
(H) provision appended to the zoning on the portion of the lands known as 4096
Highway #7 East, be approved;
That a by-law to remove the Hold (H) provision be enacted
following execution of a site plan agreement;
That the site plan
application (SC 04.006103) to
permit a vehicle sales establishment under one ownership, at 4072, 4086, and
4096 Highway #7 East, be approved subject to the following conditions:
- That prior to final approval of the site plan,
the owner shall submit final drawings, including but not limited to, site
plans and elevations drawings, landscape plans, and engineering drawings
that comply with all requirements of the Town and authorized public
agencies, to the satisfaction of the Commissioner of Development Services;
- That prior to execution of the site plan
agreement, the owner shall provide to the Town an acoustical report
prepared by a certified professional Acoustical Engineer. A retainer fee of $1000.00 must be submitted to
the Engineering Department immediately for the peer
review process. The owner further acknowledges that a peer
review consultant shall review and confirm the recommendations of the
report, and ensure that the final site plan reflects the recommendations
of the report to the satisfaction of the Town.
- That prior to final approval of the site plan,
the owner shall provide the Town with a lighting plan to the satisfaction
of the Town, ensuring lighting levels are directed or otherwise screened
so as not to encroach upon adjacent properties;
- That prior to final approval the owner shall
ensure satisfactory arrangements have been made to satisfy all
obligations, financial or otherwise required in the site plan agreement,
including provision for payment of all applicable fees, recoveries,
cash-in-lieu of parkland, local services contributions and development
charges;
- That prior to final approval, the owner shall
provide a tree preservation plan and final landscape plans showing buffering/landscaping
at the rear of the property and along the proposed alignment of Lichfield
Road as per criteria of the Town of Markham Urban Design Section and
to the satisfaction to the Commissioner of Development Services;
- That the owner enter into a site plan agreement
with the Town, containing all standard and special requirements of the
Town, Region of York and other public agencies including access requirements on Highway #7 East, to the satisfaction of the
Region of York Transportation and Works Department, prior to commencing
any work on the site or road allowance, including providing any associated
financial securities required by the Region;
7. That the owner shall covenant and agree in
the site plan agreement to provide a Letter of Credit and to enter into a
front-ending agreement with the Town and other developers for the installation
of the ultimate stormwater management facility and stormwater outlet;
8. That the owner shall submit an analysis
report for the on site sanitary holding tank to the satisfaction of the
Director of Engineering, providing for but not limited to, timing
of discharge, discharge rates, including an analysis of the downstream capacity
of the existing sanitary sewers;
- That the owner acknowledges in the site plan
agreement and that future redevelopment or intensification on these lands
would require the owner to enter into a developer’s group agreement for
the Secondary Plan PD 1-15 Area, and further acknowledges to abide by the
developers' group agreement and to pay its proportionate share of any
applicable costs to the satisfaction of the Trustee, including matters
such as the following:
i)
Internal storm sewer facilities,
sanitary sewers and watermains;
ii)
Internal
roads, intersection improvements and signalization;
iii)
Lands for community facilities
such as parks, school sites, church sites, bus loops, etc.;
iv)
Other infrastructure as approved
by the Director of Engineering.
10. That the owner shall covenant and agree in the
site plan agreement to enter into a separate servicing agreement for the
external sanitary sewer and to pay its pro rata share of the extension of the storm
sewer along Highway #7 East;
11.
That the owner shall covenant and agree in the site plan agreement not to park
any display vehicles on the landscaped areas, or within any sight triangles;
- That the owner shall covenant and agree to
provide for a minimum of 15 customer parking spaces identified with
appropriate signage at the front of the building, as identified on the
site plan;
- That the owner shall covenant and agree in the
site plan agreement to convey lands to the Town to accommodate the future
extension of Lichfield Road, including
a 0.3 metre reserve, free
of costs and encumbrances upon execution of the site plan agreement. In
the event that Council determines that the conveyed lands are not required
by the Town as a result of the emerging pattern of development to the
East, the Town may convey the lands back to the landowner at no cost;
- To provide a minimum of 1.2m clearance from any
existing above ground utilities to the proposed driveway access, and pay
for any required relocation of these utilities to ensure this requirement
can be satisfied;
- That the owner shall covenant and agree in the
site plan agreement to prohibit the use of audible and visual annoyances
such as outdoor paging systems, car alarms, and to also prohibit
promotional banners, flags, etc., so as not to negatively impact upon
adjacent properties;
- That the owner shall covenant and agree in the
site plan agreement not to obstruct, and not to permit the obstruction of,
Highway #7 East for the purposes of the loading or unloading of vehicles, by requiring
all delivery trucks to load or off-load on-site only, and not on public
roads;
- That the
owner acknowledges and agrees in the site plan agreement that the approved
variance application only permits 2 automobile premises within 3 separate
buildings, integrated under one ownership and to be merged and registered
on title;
- And
further that the site plan approval will lapse after a period of three
years commencing March 22, 2005, in the event that a site plan
agreement is not executed.
PURPOSE:
The
purpose of this report is to recommend site plan approval for the redevelopment
of the lands at 4072, 4086, and 4096 Highway #7 East for a combined vehicle
sales establishment, selling 2 lines of vehicles (Audi and Volvo) within
separate buildings and with separate entrances, connected by an overhead canopy
and a central building that is identified for feature vehicle display,
pre-delivery inspections and vehicle detailing (see Figure 4). The overhead canopy connecting the two
dealerships covers driveways on both sides of the central building to access a vehicle
storage area and parking deck to the rear.
EXECUTIVE SUMMARY:
The
owner has proposed an automobile sales establishment on the north side of
Highway #7 East, between Village
Parkway and Sciberras Road
(see Figure 1). Previously, this
property was the subject of a site plan application for the Markville Landrover/Jaguar/Volvo
dealership. The applicant has since
closed that application and submitted a new application for Markville
Volvo/Audi.
The
owner has addressed concerns with the previous application by integrating the
two (2) lines of cars into a single establishment, and improving the building
elevations along Highway #7 East. The
owner has also obtained variances from the Committee of Adjustment as described
later in this report. These variances allow
for use of the most easterly property (4096 Highway 7 East) for a repair and
service operations, permit three “buildings” containing 2 premises, grant setback
variances for the side and front yard requirements and permit a parking
reduction from 206 to 165 spaces.
Staff
recommends approval for the site plan application, subject to the finalization
of the site plan and attached conditions.
BACKGROUND:
Subject lands description
and area context
The
owner has assembled three properties (±1.5 ha (3.7
acres) in size) located on the north side of Highway #7, east of Village
Parkway and west of Sciberras Road being 4072, 4086, and 4096 Highway #7 East. To the north and east is an established residential neighbourhood, to the west is the
Garden Basket Nursery (previously the White Rose main office and retail outlet),
and to the south, across Highway #7 is the Sheridan Nursery outlet and retail
office
The
property at 4072 Highway 7 East contains the original Markville Ford dealership
building which is vacant, and the property at 4086 Highway 7 East has been
fenced off for the storage of vehicles.
The third parcel (4096 Highway #7 East) contains several mature trees
and two single-family dwellings, which will be demolished.
The previous application was
for a Landrover/Jaguar/Volvo dealership
A vehicle
sales establishment (Markville Lincoln Mercury Inc.) was constructed at 4072
Highway #7 East based on current Highway Commercial zoning. An expansion to the east onto 4086 Highway #7
East was achieved through a temporary use by-law, followed by a modification to
the Official Plan and ultimately permanent zoning. Official Plan and Zoning Amendment
applications were subsequently made to further expand the dealership onto 4096
Highway #7 East. Council approved the
application for a vehicle sales establishment use on 4096 Highway #7 East in
the fall of 1999, however, zoning for this parcel only permits an automobile
dealership as an extension of the dealership use established on parcels 4072
and 4086. To ensure a comprehensive plan
would be provided for all three parcels, the land was zoned with a Hold (H)
provision subject to satisfactory municipal servicing to the site and entering
into a site plan agreement with the Town for a comprehensive redevelopment of
all three parcels.
In early 2003, a
site plan application was made for Landrover/Jaguar/Volvo dealership at 4072
and 4086 Highway #7 East with a satellite building for used vehicle sales and
leasing on 4096 Highway #7 East. That application was subsequently closed upon
request of the applicant, prior to the execution of a site plan agreement.
Current proposal is
for a Volvo/Audi dealership
The current proposal is for an automobile sales
establishment under one business premise, selling 2 lines of new cars, as well
as an identified central area for the feature vehicle display only. The owner is
proposing to redevelop the existing 617.49m² service bay at 4072 Highway 7 East
and expand the dealership onto the two easterly parcels for a total gross building
floor area of 5,445.63m² (58,618 ft²) amongst 3 buildings. The Audi dealership
is to locate in the westerly portion of the establishment while the Volvo
dealership will locate on the easterly portion. The buildings are linked via a third
“building” (between the two buildings) which is shown to be a feature vehicle
display and detail area on the site plan.
The proposal also includes an open air parking deck behind the central
building, accommodating 51 parking spaces dedicated to the storage of new
vehicles.
The site plan
provides for a portion of parcel 4096 Highway 7 East to be used for the
possible future extension of Lichfield Road, as identified
in Secondary Plan OPA 15. Currently, Lichfield
Road is discontinuous between Ferrah Street and Sciberras
Road. The
road and the 0.3m reserve is required to be conveyed to the Town, free of costs
and encumbrances. No access to the dealerships
will be permitted from Lichfield Road or Ferrah Street (see Figure 4)
through the use of bollards and a low masonry wall, and the lands will be
landscaped.
DISCUSSION:
Official Plan and Secondary Plan designations provide for
the proposed use
The subject property is designated Commercial Corridor Area in the
Official Plan. This designation provides
for the proposed retail uses including accessory outdoor storage and/or display
of merchandise, as well as automobile repair uses such as servicing, and
associated car washes. Therefore an
Official Plan amendment is not required.
It should be noted that the Official Plan designation prohibits autobody
paint and repair operations, which do not form part of this proposal.
The Secondary Plan for the property, OPA 69 (an amendment of Secondary
Plan PD 1-15 for the Unionville Planning District No. 1)
also designates the lands as Commercial Corridor Area which recognizes an
automobile dealership.
Zoning By-law 122-72, as amended
The subject property is zoned Highway Commercial (C3) under By-law
122-72 as amended, which permits the proposed automobile sales establishment
and automobile service centre on the two westerly parcels. The most easterly parcel
(4096 Highway 7), while also zoned Highway Commercial [H(C3)] under By-law
122-72, does not permit repair and servicing of motor vehicles and has a Hold
(H) provision appended to the zoning.
Minor variances have been approved to accommodate the
proposed development
The
Committee of Adjustment approved minor variances in April 2, 2003 to permit:
§
repair
and servicing of motor vehicles on the most easterly lot (4096 Highway 7)
whereas the by-law only permits the storage of vehicles
§
2
premises in 3 buildings, while the site specific by-law permits only a single
premise in a single building
§
reduced
side yard setbacks from 12 metres to 6 metres
§
reduced
parking from 206 parking spaces to 165 (including tandem spaces)
§
decreased
front yard setback from 28.5 to 27 metres
§
reduced
number of handicapped spaces from 6 to 5
The Committees’ Conditions of
approval include:
§
15
customer parking spaces must be identified with signage across the front of the
building;
§
tandem
parking spaces are permitted in the rear of the property for new vehicle
storage only
§
outdoor
storage of new vehicles is permitted at the rear of the property
§
loading
and unloading of vehicles must be done solely on the lands
§
privacy
fencing and landscaping be provided .
The applicant’s site plan reflects
these conditions.
A Holding provision remains on 4096 Highway 7 East
The Holding (H) provision on 4096 Highway 7 East
remains on the lands. Required
conditions to remove the Hold provision include full municipal services, site
plan approval and the execution of a site plan agreement. As discussed below, the Engineering Department has worked with the owner to
develop an interim strategy to service the site, as municipal services are not
yet available across Highway #7 East. The
applicant will be required to meet these conditions prior to the Hold provision
being removed from the lands.
Highway #7 East sanitary sewer servicing
The lands on the north side of
Highway #7 East within the area of Official Plan Amendment No. 15 are serviced
by a municipal watermain and private septic systems. As a condition of the Hold (H) removal, the
development must connect to municipal sanitary sewers. Engineering staff have advised there is no capacity in the downstream sanitary
sewers to accommodate this expansion, and no services are currently available
along Highway #7 East. In order to
proceed with this proposal, the owner has been working with the Engineering Department to
develop a temporary servicing solution and is currently funded in the Engineering Departments
2005 Budget through development charges.
The site is
currently serviced by private septic system which will be decommissioned in
accordance with the Building Department’s requirements and the sanitary
servicing for the site must be designed with an outfall for an ultimate
sanitary servicing connection to Highway 7.
In the interim, the Engineering department will permit a sanitary holding tank to regulate
sanitary flows and discharge during off peak hours to an existing discharge
route which outfalls to the existing residential subdivision to the north. The design for the trunk sanitary sewer on
Highway 7 is currently underway and construction is expected to start late
2005/early 2006 and is currently funded in the Engineering Department 2005 capital budget through
development charges. Once the trunk
sewer on Highway #7 East is available, the owner will
be required to connect to municipal sanitary services.
Site grading and temporary servicing
The
owner will be required to eliminate the existing catch basin on these lands
which discharge to the municipal stormwater services north of the site by sump
pump. The owner will be required to
regrade the site to allow the drainage to be directed towards Highway 7, and
ultimately to the stormwater management facility proposed on the south side of
Highway 7. In the interim, subject to
Region of York approval, the owner will temporarily drain the site to the
existing ditch along the north side of Highway 7 until the proposed trunk storm
sewer is available. In order for the applicant
to proceed with development in advance of the ultimate servicing connections,
the owner will be required to pay for a temporary storm connection on Highway 7
and the temporary sanitary service connection on Ferrah Street to
the north of the site.
Permanent servicing
The owner will be required to
pay for the ultimate external water, sanitary and storm servicing required for
the site through development charges.
The water service connection that is part of this proposal and the interim
stormwater and sanitary servicing will be required to be decommissioned and the
permanent servicing connection to Highway 7 East will be required once the trunk
sewers become available.
The site is subject to an area specific development charge
and future developer group obligations
Area specific development charge by-law 2004-208 was enacted in August 2004. The development charges include costing
provisions for sidewalks, urbanization and streetscaping of Highway 7,
municipal sanitary and stormwater servicing across Highway 7, and contributions
to acquiring lands for a stormwater pond required for this catchment area. The by-law has been appealed and is under
review.
At this time, a
Developer’s Group has not been formed.
As this project does not involve a residential component, the servicing
issues will be resolved independently, and the ASDC will capture the financial
obligations associated with sidewalks, storm water ponds, and the urbanization
of Highway 7. The applicant will not be
required to join a Developer’s Group as a condition of approval. Staff recommend that the site plan agreement
acknowledge that future development or intensification of these lands would
require the owner to participate in the Developer’s Group to pay their
proportionate share of the costs including (but not limited to) internal
sanitary sewers, storm sewers and watermains, parks, internal roads,
intersection improvements and signalisation, parks, school sites, church sites
and community facilities.
A noise impact study is required
The long-term vision for Highway #7 East
Staff
provided Council with a report that was endorsed on June 8,
1999, outlining
the high quality “Town Centre” vision for Highway #7 East. The report discussed guiding automobile
dealerships to locations that have been recognized as
having existing land use status. The development
proposal, while not in keeping with the long-term vision for Markham Centre and
the Highway 7 Corridor Study, does have status as an expansion to the existing
building, and will result in overall site and built form improvements to the
property. The expansion to the existing
dealership use maintains the consolidation of the land base for the life of the
facility and preserves the long term opportunity for intensification.
The lands are zoned appropriately, and
the land use is recognized under the Official Plan and Secondary Plan. The dealership maintains the lands in a
single ownership while the site configuration and dimensions will permit high
density, higher order redevelopment in the future. The development of the lands will be required
to comply with the Highway #7 Streetscape Study and emerging Highway 7 Corridor
Study, and provide a high degree of urban design and landscape elements to
screen the vehicle storage and to address the interface with the existing
neighbourhood.
The owner will also be required to obtain all approvals regarding any
road improvements, traffic studies or grading and boulevard requirements, from
the Region of York, as the site abuts Highway #7 East.
Site plan and elevations
are acceptable
The impact of the Highway 7
vision is maintained through the establishment of a consistent building edge
along the street edge. The building
façade is integrated through compatible materials and detailing of the glazing
and EIFS treatments. The building
elevation reinforces the appearance of a consistent building massing along the
Highway 7 frontage and the major showroom areas are exposed to the street. The buildings have an average building height
of 7.5 metres, exclusive of the roof screens, which will rise an additional 1.7
metres (see Figure 5).
Given
the property’s location on a major arterial road, staff has requested a higher
level of design, which complies with the intent of the Highway #7 Streetscape
Study and the Strategy for the Highway #7 Corridor, currently being undertaken
by the Town. Through the process of refining the concept for the
dealership, staff has worked in cooperation with the owner to achieve
significant improvements to the site design including the following:
§
The design includes a pedestrian connection to Highway
#7 East,
§
A curtain wall glazing treatment across the front of
the buildings provide a unique, transparent visual appearance,
§
A canopy
links the buildings providing architectural continuity, and a visual impression
that the dealership is operating as a single, cohesive unit.
§
The proposed development respects the existing rear
yard setback requested by area residents for the original Markville Ford
Lincoln Mercury Dealership,
§
Access for pedestrians and wheelchairs around the
building envelope has been accommodated within the minimum 1.5m wide decorative
paving around the building,
§
The site plan indicates a 1.5m high masonry wall along
the boulevard edge of the proposed Litchfield
Drive, in order to screen the dealership’s service
and parking areas,
§
Special
needs parking, including curb cuts for wheelchair access, has been indicated on
the plan,
§
Fencing
has been indicated on the site plan in an acceptable form and height, and will
be finalized in the landscape plan, when the Noise Study is completed,
§
Vehicle
display pads and utility trenches were deleted from the landscape buffer as
originally indicated on the site plan.
Still
outstanding are the Tree Inventory and Preservation Plan, and the Landscape
Plan, which can be finalized before final approval. Urban Design Staff are generally satisfied
with the site plan and elevations for the proposed automobile dealership and display
area and recommend approval.
ENVIRONMENTAL CONSIDERATIONS:
As noted above.
ACCESSIBILITY CONSIDERATIONS:
As noted above.
ENGAGE 21ST CONSIDERATIONS:
The proposal aligns itself with the Corporate Goals of
Infrastructure Management and Managed Growth by providing for and coordinating the
installation of the Town’s infrastructure to meet the demands and expectations of
a growing community. This application includes
the conveyance of the Litchfield Road extension, facilitates
the urbanization of Highway 7 East and future municipal servicing, through
securities.
FINANCIAL
CONSIDERATIONS:
BUSINESS UNITS
CONSULTED AND AFFECTED:
This application was circulated to internal departments and external
commenting agencies. All comments and/or
requirements have been reflected in the site plan and elevations or will be
incorporated into the site plan agreement.
|
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Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning & Urban Design
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Jim Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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DOCUMENT:
Q:\Development\Planning\APPL\SITEPLAN\04 006103
Markham Volvo-Audi\DSC05-VolvoAudi final report.doc
ATTACHMENTS:
Figure
1: Location Map
Figure 2: Context/Zoning Map
Figure 3: Aerial Photograph
Figure 4: Proposed Site Plan
Figure
5: Proposed Elevations
APPLICANT: John Srebot
222
Steeles Avenue West
Vaughan, Ontario
L4J 1A1
AGENT: Contact: David Matthews
Matthews Planning & Management Ltd.
1523 Hurontario Street
Mississauga, Ontario L5G 3H7
Telephone: 905-274-1047
Fax: 905-274-1337
Figure
1: Location Map
