RECOMMENDATION:
That
a Public Meeting be held to consider the applications submitted by Arya
Investment Corp for an Official Plan Amendment (OP 00 246207) and Rezoning (ZA
00 246212) to permit a 2,393 m2 (25,759 sq. ft.) retail commercial
development at the south east corner of Times Avenue and Highway 7.
PURPOSE:
The purpose of this report is to provide preliminary information
regarding the proposed development and to call a public meeting to obtain
comments on the proposed Official Plan Amendment and Rezoning.
BACKGROUND:
Site
Description and Area Context:
The
subject property is located at the south east corner of the intersection of
Highway 7 and Times Ave. in the Times Leitchcroft Area (Figures 1 and 2). The 9,948 square metre (2.47 acre) site has a roughly rectangular shape, with approximately 107
metres (351 feet) frontage on Highway 7 and 75 metres (246 feet) frontage on
Times Ave.
Surrounding
land uses include a high density, 11 storey residential apartment building
immediately east of the subject site; three storey townhouse blocks to the
south and southwest; and a mix of low and medium-rise commercial uses on the
north side of Highway 7 in Richmond Hill.
A10 storey condominium apartment building and townhouses are now under
construction on the west side of Times Avenue, opposite the subject
property.
The proposal is to develop a restaurant and
neighbourhood retail shopping centre
The
applicants are proposing to construct a restaurant and neighbourhood retail shopping
centre with a total floor area of approximately 2,393 m2 (25,759 sq. ft.). As shown on the site plan
(Figure 4), the proposal would consist of three buildings arranged in a
modified U shape:
·
a 922 square metre (9,921 sq. ft.) restaurant fronting onto the south
east corner of Highway 7 and Times Ave. with additional shops fronting onto
Times Avenue. The restaurant would be
designed as a single storey structure, but with a height of 9.5 metres (31
feet) would have the appearance of a two-storey structure. (Figure 5). The building would be aligned adjacent to
Highway 7 and Times Avenue;
·
a 482 square metre (5,192
sq. ft.) retail building, located north east corner of the property, aligned
along the Highway 7 frontage of the site (Building B on Figure 4). The retail building would be separated from
the restaurant by a parking area. As
shown in Figure 5, this building would be approximately 7.2 metres (24 feet)
high and would also be designed as a single storey structure. As above, the
building would be aligned adjacent to Highway 7;
·
a 989 square metre (10,646 sq. ft.) retail building aligned along the
southern boundary of the property, adjacent to an existing townhouse
development to the south (Building C in Figure 4). This building would be the same height as the
retail building located at the north east corner of the site, and would also be
served by a rear driveway along the eastern boundary of the property. Loading and deliveries for units in this
building will be from the front (north side) of the building, not the south
side adjacent to the townhouse properties.
Vehicular
access into the site would be limited to a single driveway off Times Ave.
History
of the application
In 1999, the Town granted site plan approval
for a mixed office and retail development on this site (Figure 6). The development, submitted by 1107656 Ontario
Inc. (the previous owner of the property), consisted of a two storey building
at the south east corner of Highway 7 and Times Ave., with ground floor retail
and second floor offices. Further east,
a single storey L-shaped retail building was proposed along the remainder of
the Highway 7 frontage of the property. The one and two storey buildings were
intended to be joined by an arcade (Figures 6 and 7). The two storey retail/office
building proposed in the first application is in approximately the same
location as the restaurant building proposed in the current application.
Parking was proposed to the south of these buildings, with a single access
driveway off Times Ave.
In 2000, the current owner (Arya Investments
Corporation), submitted a revised development concept for the site, which
eliminated the second storey office uses proposed in the original application
(Figures 8 and 9). A restaurant was
proposed for the south east corner of Times Avenue and Highway 7, and the
retail buildings were arranged in an L shape along the Highway 7 frontage and
eastern side of the property. Parking
was to be provided in the interior of the site.
The most recent version of the site plan and
elevations (also submitted by Arya Investments Corporation, and the subject of
this report) were submitted in May 2004.
Amendments
to the Official Plan and Zoning By-law required to permit
both the current development proposal and the 2000 proposal
The site is designated Community Amenity Area -
Mixed Use in the Leitchcroft Planning District Secondary Plan (OPA 41). The Community Amenity Area - Mixed Use
designation is intended to accommodate a mix of office, retail, residential and
supporting uses. However, the Secondary
Plan specifies that lands under this designation, located east of Times Ave.,
can only be zoned to permit retail, service and restaurant uses provided such
uses are located on the ground floor of mixed use, multistorey buildings. The original proposal was considered to be in
compliance with this policy as it contained a partial second floor for
offices. Both the current proposal and
the 2000 proposal require an amendment to this policy as mixed use is no longer
contemplated and no additional storeys above the ground floor are
proposed. In a letter dated January 16, 2001, the Region of York advised that this Official Plan Amendment
application was exempted from approval by the Regional Planning Committee and
Council. This would allow the approval
to come into effect following its adoption by the Town of Markham and
the expiration of the required appeal period.
The current zoning permits restaurants and
retail uses, but only on the first floor of an apartment or office building. There are no residential or office uses in
the proposed development. Furthermore,
the zoning by-law requires that a minimum of 50% of the Highway 7 frontage of a
building must be greater than 8 metres in height. The restaurant building is higher than
8 metres, but only represents approximately 25% of the Highway 7
frontage. An amendment to the zoning
by-law would therefore have been required to permit the development as proposed
in 2000, and will also be required to permit the current proposal.
A public meeting for the proposed OPA and ZBA
was held on May
15, 2001. Key
issues raised at the public meeting included the need for additional buffering
between the proposed use and the residences to the south and potential noise
from the proposed parking area immediately north of the existing
townhouses. Due to the length of time
that has elapsed since that public meeting was held, and the significant
changes to the site plan that are now proposed, staff are of the opinion that
it would be appropriate to hold a second public meeting at this time.
POTENTIAL BENEFITS OF APPROVAL OF THE PROPOSAL:
The proposed development will provide a number of benefits to the
Leitchcroft Community, including:
·
completion of the street wall along the east side
of Times Avenue at the Highway 7/Times Avenue entrance to the Leitchcroft
Community;
·
provision of needed retail and commercial amenities
within convenient walking distance of Leitchcroft residents;
·
completion of the Highway 7 frontage along the
eastern portion of the Leitchcroft Community;
·
creation of a visual and sound buffer (in the form
of a continuous retail building along the southern boundary of the property)
which will shield the rear yards of the townhouse dwellings to the south;
·
By locating buildings adjacent to the Times Avenue
and Highway 7 frontages of the property, the proposal is designed to facilitate
pedestrian access, within a high density, mixed use neighbourhood with a strong
pedestrian orientation and urban character.
The proposed Official Plan and Zoning Amendments are required to permit
single-storey retail development on this site, and to provide for site-specific
zoning standards arising from the specifics of the proposed site plan.
CONCERNS/ISSUES TO BE
RESOLVED:
Generally, no significant issues
or concerns have been raised by Town staff or circulated agencies in regard to
the proposed Official Plan and Zoning By-law amendment applications to permit
single storey retail buildings on this site.
Staff continue to work with the applicant to
refine several details of the proposed site plan, including:
- Treatment of street frontage
along Highway 7;
- Detailed layout of parking lot
and internal circulation;
- Potential adjustments to the locations of proposed retail
buildings on the site.
FINANCIAL CONSIDERATIONS:
No financial
considerations have been raised to date
ENVIRONMENTAL CONSIDERATIONS:
The proposed building aligned along the
southern property boundary of the subject lands will provide an enhanced degree
of visual and noise buffering compared to previous proposals. There are no other environmental
considerations associated with this development.
ACCESSIBILITY CONSIDERATIONS:
There are
no accessibility considerations associated with this proposal at this
stage. Detailed review of these issues
will be addressed through site plan approval.
ENGAGE 21ST
CONSIDERATIONS:
The proposed development will
enhance the amenity of the Leitchcroft Community by providing residents and
businesses with a wider range of retail and commercial opportunities, within a
short walking distance.
BUSINESS UNITS CONSULTED AND AFFECTED:
The applications have been circulated to Town
Departments and external agencies for review and comment. All conditions and requirements will be
included in staffs final recommendation report on these applications.
CONCLUSION:
It would be appropriate to hold a
public meeting at this time to present the revised development proposal to area
residents.
ATTACHMENTS:
Figure 1 Applicant/Agent and Location Map
Figure 2 Area Context and Zoning
Figure 3 Arial Photo
Figure 4 Revised Site Plan
Figure 5 Revised elevations
Figure 6 Site plan, 1999 application
Figure 7 Elevations, 1999 application
Figure 8 Site Plan, 2000 application
Figure 9 Elevations, 2000 application
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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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Q:\Development\Planning\APPL\OPAPPS\00246207 The Galleria
Shops\preliminary report Sept 21 04.doc
FIGURE 1
APPLICANT Mr. Mohammad Abhary
Araya
Investments Corp.
220 Duncan Mill Road
Suite 503
Toronto ON
M3B
3J5
tel: (416)-444-8780
AGENT Ms. Joanne
Barnett
198 Glenrose Avenue
Toronto ON
M4T
1K8
tel: (416)-482-2816
fax: (416)-482-2518
LOCATION
MAP:
