RECOMMENDATION:
THAT the
application submitted by HIPA
Investments Limited for rezoning 9899
Highway 48 from Select Industrial and Warehousing (M.I.) to Major Commercial (MJC) to permit a commercial/retail plaza and an
existing day nursery in the heritage building be approved;
THAT the draft Zoning By-law amendment
attached as Appendix ‘A’, be
finalized and enacted;
THAT the Site Plan application submitted by HIPA Investments
Limited to permit a 3,716m2 commercial/retail plaza at 9899 Highway 48 be approved, subject
to the following conditions:
·
that
the final site plan and elevation drawings be submitted to the satisfaction of
the Commissioner of Development Services
- 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
- that the
Owner comply with all requirements of the Town and authorized public
agencies, to the satisfaction of the Commissioner of Development Services
·
that
the Owner restore and enhance the lands within the Exhibition Creek corridor
and 10m environmental buffer and all buildings be located outside of the
Regional Storm Flood Plain and flood proofed to the satisfaction of the TRCA
and the Commissioner of Development Services
·
that
the Owner convey a maintenance easement to the Town over the Exhibition Creek
corridor and associated environmental buffer, to ensure that the watercourse
and environmental buffer are properly maintained by the property owner and
water flow is not restricted, and to allow the Town the right of access to
perform any necessary inspections and remedial works. The site plan agreement will also contain provisions
whereby the owner agrees, at his expense, to undertake any necessary remedial
works requested by the Town. In the
event that the watercourse is not maintained to the satisfaction of the Town,
the Town can enter onto the lands and clean the site. The costs associated with the clean up will
be charged back to the owner on his tax bill(s).
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 including the following:
- Provision
for the payment by the Owner of all applicable fees, recoveries,
development charges, parkland dedications and financial obligations
AND FURTHER THAT the site plan approval shall lapse
after a period of three years commencing September 7, 2004 in the event a site plan agreement is not executed
within that period.
PURPOSE:
The
purpose of this report is to provide recommendations regarding an application for a Zoning By-law
Amendment and Site Plan approval to permit a 3,716m2 commercial/retail
plaza at 9899 Highway 48.
BACKGROUND:
Property and Area Context
The subject property has an area of 1.17 hectares
(2.89 acres) and is located on the east side of Highway 48 south of Major Mackenzie Drive. The
existing building on the property, which is currently used as a day nursery, is
designated under the Ontario Heritage Act
and is subject to a heritage conservation easement. Exhibition Creek (name
under review) is located on the northern and eastern portions of the property.
Emerson Electric is located to the north and
east. To the south is a multi-tenant
industrial building. To the west,
across Highway 48, are lands within the Wismer community that have recently
been zoned to allow for retail/commercial development.
Official
Plan and Zoning By-law
The Official Plan designates the lands Major
Commercial Area and Hazard Lands (Exhibition Creek). The lands are currently zoned Select
Industrial and Warehousing (M.I.), with specific permission for a day nursery
(By-law 88-76, as amended).
Proposal
The applicant has submitted an application to rezone
the property from Select Industrial and Warehousing (M.I.)
to Major Commercial (MJC) and a site plan
application to permit a 3,716m2 commercial/retail plaza and
existing day nursery, which is to continue operating in the heritage building.
A
public meeting was held on May 18, 2004
A public meeting was held on May 18,
2004 to consider the proposed zoning by-law amendment and site plan
applications. Development Services
Committee advised the applicant that a 10 metre environmental buffer adjacent
to the Exhibition Creek top of bank would be required in accordance with the
Town’s Official Plan, that a building setback of 14 metres from Highway 48
would be required in accordance with MTO requirements and the proposed
development must conform to Wismer Commons Design Guidelines. The Development Services Committee also
referred the applications to the Town’s Commercial Policy Review committee for
consideration.
Commercial Policy Review Sub-Committee
The applicant presented their proposal to the
Commercial Policy Review Sub-Committee meeting on August 4th 2004.
Staff
advised the Sub-Committee that the applicant has revised the proposal by
removing the portion of the northern building that extended into the Exhibition
Creek floodplain and added a second storey to the southern building with an
upgraded façade (Figure 6). The
Sub-Committee was satisfied with the revisions.
The Sub-Committee considered the proposed development to be small in
scale and as such did not warrant further discussion within the context of the
commercial policy review. The
applications for this proposal were referred back to Development Services
Committee. The following is an excerpt
of the Sub-Committee meeting minutes:
“That staff review the application from HIPA
Investments for a rezoning of 9899 Highway 48 from select industrial and
warehousing (M.I.) to major commercial, and report back to Development Services
Committee on September 7, 2004.”
DISCUSSION:
Current site plan has undergone modifications to comply with Town
requirements
Principles established
in the recently adopted Wismer Commons Design Guidelines for commercial
development on the west side of Highway 48 were used in staff’s review of the
proposed development. The proposed site plan (Figure 4) has undergone
significant modifications to comply with Town requirements. The relationship of
buildings to one another and to Highway 48, on site vehicular and pedestrian
circulation, parking layout and potential for future integration with the
property to the south have been provided to the satisfaction of the Planning
Department.
The proposed development complies with Toronto and Region Conservation
Authority requirements
The TRCA has reviewed the rezoning and site
plan applications and has advised that as a condition of Site Plan Approval,
all buildings be located outside of the Regional Storm Flood Plain, and are to
be flood proofed to their satisfaction.
Further, the owner shall restore and enhance the lands within the
Exhibition Creek corridor and 10m environmental buffer.
The
applicant has revised the proposal to comply with the TRCA requirements. A
small portion of the parking lot at the southeast corner of the property
remains in the flood plain; this is acceptable to the TRCA provided it is constructed
at grade with no alteration to the storage or conveyance of flood waters
resulting and provided that open space pavers are installed so as to increase
infiltration and decrease the amount of impervious surfaces within the flood
plain.
A
10 metre environmental buffer adjacent to Exhibition Creek has also been
provided with the exception of a small portion of the parking lot at the
southeast corner of the property and a portion of the day care outdoor play
area both of which encroach into the buffer. Extensive planting of native woody
species in the buffer and floodplain, wherever feasible, will be required to
the satisfaction of the TRCA and the Town (Figure 4).
It
is standard Town practice to ensure, through conditions of development
approval, the conveyance of all Hazard Lands and associated 10 metre
environmental buffers into public ownership.
However, this section of Exhibition Creek has been altered and in some
areas piped, and is generally in private ownership on existing and approved
development sites. In 1999 Council
resolved that the portion of the Exhibition Creek corridor west of Highway 48
that is currently being reconfigured not be taken into public ownership because
it is not a valley feature, nor does it connect to any valley feature north of
Major Mackenzie Drive or to the south across Highway 48. The TRCA supported this position. A maintenance easement in favour of the Town
was required to ensure the creek corridor is maintained properly and water flow
is not restricted. The portion of the
creek corridor on the Emerson Electric property to the north is also in private
ownership. Exhibition Creek to the south of the subject property is comprised
of piped and open sections under private ownership to Bur Oak Avenue and the GO
Transit rail corridor. The creek corridor is an open channel under public
ownership to the east of the rail corridor through the Greensborough
community.
It
is recommended that Exhibition Creek and the environmental buffer on the subject
property remain in private ownership with a maintenance agreement in favour of
the Town in consideration of the existing area context. The creek corridor and environmental buffer
will be zoned Open Space One (OS1). The
owner will also be required to restore and enhance the creek corridor and
environmental buffer across the subject lands.
The proposed development
complies with Ministry of Transportation requirements
Highway 48, north of
16th Avenue, is presently under the jurisdiction of the Ministry of
Transportation. The proposed development
complies with the Ministry’s requirements with respect to access driveways,
building setbacks (14m from Highway 48), grading, stormwater management and
on-site lighting.
Adequate parking drop-off and an outdoor play
area have been provided for the day nursery in the existing heritage building
The outdoor play area and parking drop-off
for the day nursery have been incorporated into the proposed development to the
satisfaction of the Town. The Town’s parking by-law requires a total of 155
parking spaces for the proposed development which includes 13 spaces for
the existing day care centre in the heritage house. The proposed site plan
provides a total of 146 spaces which is 9 fewer than required by the Parking By-law.
Given that the majority of the parking use by the day care parking is for
weekday morning drop off and evening pick up, with very low demand between, and
no demand at all during evenings and weekends, staff support a 9 space
reduction in the parking requirement for the day care centre use. This
has been accommodated in the attached draft by-law amendment.
The proposal has been reviewed by the Town
Architect.
The buildings are appropriately
located. The 2 storey southern building (Block ‘B’) is located at the minimum
set-back to Highway 48 helping to create a built edge to the road. The northern
building (Block ‘A’), located to the rear of the heritage building, generates a
minimum of distraction from the visual prominence of the heritage building. The
buildings are comprised of glass and stucco, providing a maximum amount of
glazing in highly visible areas as viewed from Highway 48. Elevations are well
articulated and organized. Appropriate signage band areas have been identified
on the elevations and a sign uniformity plan will be submitted prior to
issuance of building permits for the development. Staff are working with the
applicant to achieve improvements to the facade adjacent to the heritage
building and the roofing treatment of the northern building (Block ‘A’).
FINANCIAL
CONSIDERATIONS:
No financial
implications are to be considered in this report.
ENVIRONMENTAL CONSIDERATIONS:
The proposed development has
been assessed in consultation with the TRCA.
The Town and the TRCA are confident that the integrity of Exhibition
Creek will be maintained on the subject property.
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
Exhibition 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.
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Valerie
Shuttleworth, M.C.I.P., R.P.P.
Director of
Planning and Urban Design
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Jim Baird,
M.C.I.P., R.P.P.
Commissioner of
Development Services
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FIGURE 1
ATTACHMENTS: Q:\Development\Planning\APPL\ZONING\03
117514 HIPA INVESTMENTS\Final Report.doc
Figure 1 –
Applicant/Agent/Location Map
Figure 2 - Area
Context/Zoning
Figure 3 - Aerial
Photo
Figure 4 - Proposed
Site Plan
Figure 5 – Building
Elevations
Figure 6 – Building Elevations
Appendix ‘A’:
Draft Zoning By-law Amendment
L5C
4E9
LOCATION MAP:
