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:

East District Team

Geoff Day - Planner

 

 

 

 

DATE OF MEETING:

January 25, 2005

 

 

 

 

SUBJECT:

FINAL REPORT

Read-Eastern Capital, Dovcom Realty Inc. & Danvest Wismer Investments Ltd.

Sunoco Gas Bar

Application for Official Plan and Zoning By-law amendments to permit a gas bar, a car wash and a future neighbourhood commercial plaza

Southeast corner of Major Mackenzie Drive & McCowan Road

Part Block 99, Registered Plan 65M-3612 and Part of Lot 20, Concession 7

Wismer Commons Community

File No.: OP 04 025509, ZA 04 018923 & SC 04 018004

 

 

 


 

RECOMMENDATION:

 

THAT the applications submitted by Read-Eastern Capital, Dovcom Realty Inc. & Danvest Wismer Investments Ltd. for Official Plan and Zoning By-law amendments to permit a gas bar, car wash, and future commercial plaza at the southeast corner of Major Mackenzie Drive and McCowan Road be approved and the draft Zoning By-law and Official Plan Amendments attached as Appendices ‘A’ and ‘B’, be finalized and enacted;

 

THAT the Site Plan application (SC 04-018004) submitted by Read-Eastern Capital, Dovcom Realty Inc. & Danvest Wismer Investments Ltd. to permit a gas bar and car wash at the southeast corner of Major Mackenzie Drive and McCowan Road, 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.       any revisions required to implement the recommendations of the required traffic impact study and noise study;

 

b.      directional lighting from the gas station and car wash facility and muted illumination of signage to mitigate its impact on the 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 comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

 

4.      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;

 

5.      AND FURTHER THAT the site plan approval shall lapse after a period of three years commencing January 25, 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 applications to amend the Wismer Commons Secondary Plan and the Town’s Zoning By-laws and to grant Site Plan Approval to permit a gas bar and car wash at the southeast corner of Major Mackenzie Drive and McCowan Road.

 

BACKGROUND:

 

Property and Area Context

The subject lands are approximately 0.78 hectares (1.93 acres) in area and are located at the southeast corner of Major Mackenzie Drive East and McCowan Road, within the Wismer Commons Community (see Figure 1). The lands are vacant and contain no significant natural features.

 

To the north, across Major Mackenzie Drive, are agricultural lands. To the south is a stormwater management pond. To the east and to the west, across McCowan Road, are vacant lands that are the subject of residential subdivision applications.

 

Secondary Plan and Zoning

The Wismer Commons Secondary Plan (OPA #36) designates the lands “Community Amenity Area – Corridor”.   This designation provides for a range of retail, service, community, institutional and recreational uses but does not permit the proposed gas bar and car wash uses. 

 

The lands are zoned Agriculture One (A1) by By-law 304-87 and Open Space One (OS1) by By-law 177-96 (see Figure 2).  The OS1 zoning applies to a portion of the subject lands which was previously part of the adjoining stormwater management pond block. These lands are not required for stormwater management purposes and, on September 16, 2003, were conveyed by the Town back to Dovcom Reality.

 

The applicant is requesting an amendment to the Wismer Commons Secondary Plan and a rezoning to permit a commercial development comprised of a gas bar, a car wash and a future commercial plaza

The requested amendment to the Wismer Commons Secondary Plan would redesignate the lands to “Community Amenity Arterial Area,” which permits the proposed gas bar and car wash in addition to a range of retail and other commercial uses.  The requested Zoning By-law amendments would rezone the lands from Agriculture One (A1) and Open Space One (OS1) to Automobile Commercial One (AC1).

 

The submitted site plan application is for the gas bar and car wash (see Figure 4). The commercial plaza is not proposed to be developed at this time, and will be subject to a future site plan application.

 

A public meeting was held on November 9, 2004

A public meeting was held on November 9, 2004 to consider the proposed Official Plan, Zoning By-law and site plan approval applications.  Development Services Committee discussed landscaping and canopy lighting affixed to the proposed gas bar.  There was one written objection by Mr. Freddy Young of 156 Landsdown Crescent.  Mr. Young objected to the proposed gas station and car wash facility in its entirety.   No residents spoke at the meeting.

 

DISCUSSION:

Concerns have been addressed

The issues discussed at the meeting and the concerns of Mr. Young have been addressed

 

·        Staff have kept Mr. Young informed of the progress of the application, advising him of the standards that are required by the Standards and Safety Authority.  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.  Gasoline distributors are required to obtain a licence by the Technical Standards and Safety Authority.  Fuel Safety regulations strive to prevent loss of life, personal injury, property and environmental damage by controlling safety hazards in the transportation, transmission, distribution, dispensing and storage of fuels such as gasoline. Licenses are issued under these Regulations to gasoline service stations, propane facilities and distributors of natural gas and oil.

  • The site plan incorporates extensive landscaped areas adjoining McCowan Road and Major MacKenzie Drive and at the rear of the property.  These areas will be extensively planted to give the site an aesthetic appearance when viewed from either McCowan Road or Major MacKenzie Drive and to buffer the proposed gas station and car wash from the residential development to the east.  Although the owner is only developing the gas bar and car wash portion of the site at this time, the berm and landscaping will be installed across the entire eastern portion of the site, including the area behind the future commercial plaza.

    

·        The applicant has confirmed that the lighting from the gas station will be of the directional type and muted to reduce the impact on existing and future residential development.  This will be secured in the site plan agreement.

 

Secondary Plan Amendment

The proposal has been considered in the context of the Wismer Commons Secondary Plan and the approved community design plan.  An amendment to the Wismer Commons Secondary Plan is attached in Appendix ‘B’.

 

Integration of the future commercial plaza

At the request of staff, the applicant submitted a concept plan for the future commercial plaza to ensure that the site plan for the gas bar and car wash provides for the proper integration of this component of the development.  The submitted plan (see Figure 4) is generally acceptable subject to the addition of a pedestrian connection to the residential community to the east.  This can be addressed at the site plan approval stage for the future plaza.  

 

Traffic impact and noise study to be implemented

Staff require that a traffic study and noise study be submitted in support of the subject application  Any required revisions to the site plan resulting from the implementation of the recommendations of the traffic or noise study, will be made prior to final approval of the site plan.

 

FINANCIAL CONSIDERATIONS:

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

 

ENVIRONMENTAL CONSIDERATIONS:

The proposed site plan includes a large landscaped berm to buffer the adjoining residential community from the proposed gas bar and car wash.

 

ACCESSIBILITY CONSIDERATIONS:

Accessibility to proposed buildings will be considered at the site plan approval stage.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The proposed development has been circulated to various Town departments and external agencies. Requirements of the Town and external agencies are reflected in the Official Plan amendment and Zoning By-law and will be secured as conditions of site plan approval. 

 

ATTACHMENTS:

Figure 1:  Location Map

Figure 2:  Area Context/Zoning

Figure 3:  Air Photo

Figure 4:  Proposed Site Plan

Figures 5&6:  Elevations

 

Appendix ‘A’:   Draft By-laws

Appendix ‘B’:   Draft Secondary Plan Amendment

 

APPLICANT/AGENT:

Stephen Lerner

Manager of Real Estate

Dovcom Realty Inc. & Danvest Investments Ltd.

36 York Mills Road                              Tel.:  (416) 432-7486

Toronto, Ontario  L3R 1R2                  FAX  (905) 726-3521

 

 

 

 

 

 

 

 

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

 

Q:\Development\Planning\APPL\ZONING\04018923 Dovcom Danvest Sunoco\final report.doc