RECOMMENDATION:
That the draft Zoning By-law, attached as Appendix ‘A’, to exempt
the lands subject to zoning amendment application ZA.03-105639 from Interim Control By-law 2002-215, as
amended, be enacted;
That the zoning by-law amendment
application (ZA. 03-105639) submitted by Cor-lots
Developments Ltd to permit a 5,535m2 food store and three future retail
buildings at the northeast corner of Markham Road and Steeles Avenue, be
approved;
That the draft Zoning By-law attached as
Appendix ‘B’, be finalized and
enacted;
That the Site Plan application (SC. 03-114802) submitted by Cor-lots
Developments Ltd to permit a 5,535m2 food store and three future retail
buildings at the northeast corner of Markham Road and Steeles Avenue, 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, and
such drawings shall include the
following revisions:
a.
any revisions required to implement the recommendations of the required
traffic impact study and noise study;
b.
relocation of the third loading dock on the north side of the No Frills
building; and
c.
revisions to ensure that the
final elevations for Buildings ‘B’, ‘C’ and ‘D’ contain the following elements:
·
Main entrances for gateway
buildings should be oriented towards the gateway feature;
·
Common cladding materials on
all buildings;
·
A raised parapet above all
customer entry doors;
·
Glazing over two-thirds of
the street-facing elevations for Buildings ‘B’ and ‘C’;, and
·
Double glazed doors on the
street-facing elevation.
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, and
such drawing shall include details for a landscaped public feature at the
southwest corner of the site, and an upgraded landscape treatment along the Markham Road and Steeles Avenue
frontages.
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.
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:
a.
Provision for the payment by the Owner of all applicable
fees, recoveries, development charges, parkland dedications and financial
obligations related to applicable Developers Group Agreements;
b. Submission of
as-built drawings of the relocated watermain and sanitary forcemain within the
Town easement adjacent to Markham Road;
c. Provision of an
easement over Part 2, Plan 65R-24442 to include the sanitary forcemain and
watermain;
d. Certification that
the existing services are abandoned;
e. Implementation of any recommended mitigation
measures identified in the noise study to the satisfaction of the Town; and
f.
Provision for contribution toward future landscape and
median improvements along Markham Road in keeping with
planned Regional improvements and the recommendations of the Markham Road
Corridor Study regarding the creation of an urban streetscape (e.g., sidewalks,
landscaping, paving, etc).
5. And that the site plan
approval shall lapse after a period of three years commencing June 28, 2004 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 zoning by-law amendment and site plan applications by
Cor-lots Developments Ltd to permit a 5,535m2 food store and
three future retail buildings at the northeast corner of Markham Road and
Steeles Avenue.
.
BACKGROUND:
Subject lands and area context
The subject lands comprise approximately 3.4 hectares (8.5
acres) at the northeast corner of Markham Road and Steeles Avenue East as shown on Figure 1. The lands are
part of the Villages of Fairtree subdivision, which is currently under
construction. Loblaw Properties Limited has entered into a long term lease
arrangement with the developer with an option to purchase the subject property
in the future.
The
lands are currently vacant and unvegetated (see Figure 2). Surrounding land uses
include open space containing a stormwater management facility to the north,
medium density housing immediately to the east, public parkland and a vacant
high density residential site to the west across Markham Road,
and vacant employment lands to the south in Scarborough across Steeles
Avenue East (see Figures 2
and 3). The City of Toronto is
currently processing Official Plan amendment and zoning amendment applications
on either side of Markham Road
south of Steeles Avenue
for retail uses.
Proposal consists of a 5,535m2 food store,
and three future retail buildings
The proposal, as shown on the site plan
in Figure 4, consists of a 5,535 m2 (59,575 sf) food store and three future retail buildings for a total
gross floor area of 7,340m2
(78,798 sf). The proposed food store, No
Frills, will be the primary use on the site and will be constructed as the
first phase of development. The No
Frills store currently being considered is approximately 915m2
(9,850sf) larger than the store indicated in the initial site plan
submission. The No Frills store was
initially proposed to be constructed in two phases, with a 3,637m2
first phase and a 983m2 expansion in a subsequent phase for a
total gross floor area of 4,620m2,
representing approximately 64% of the total gross floor area on the site. The revised No Frills store shown in Figure 4
represents approximately 75% of the total gross floor area on the site. Proposed elevations for the No Frills store are provided in Figure
5.
Three additional buildings, with a total
gross floor area of approximately 1,786m2 (19,225 sf), are proposed to be constructed in subsequent
phases. Proposed elevations are provided
in Figure 6. The applicant has indicated that the gross floor area of the
additional structures may vary as the tenants for these buildings are secured
in the future.
The site plan also provides for a
substantial landscaped public feature at the southwest corner of the site,
which will also be constructed in Phase 1 at the same time as the No Frills
store. The public feature provides an
upgraded landscaped pedestrian entrance to the site, and includes a seating
area.
Four accesses to the site are proposed,
consisting of three accesses from Markham Road,
and one access from Steeles
Avenue. The three accesses from Markham Road include
a restricted moves access approximately 65 metres north of Steeles Avenue, a
full moves access approximately 150 metres from Steeles Avenue, and a service
access at the north limit of the site.
The Steeles Avenue access is a restricted moves access located at the east limit of the
site.
A total of 426 parking spaces are provided on
the site plan, which exceeds the maximum 415 spaces required. Three hundred and thirty-three (333) spaces
will be constructed as part of Phase 1, exceeding the 299 spaces required for
the proposed food store.
DISCUSSION
Markham Road Corridor Study vision approved in June, 2003
The
subject site falls within the study area of the Markham Road Corridor Study,
which was initiated in 2002 to develop an urban design vision for the Markham Road corridor between 14th Avenue and Steeles Avenue. The resulting vision,
adopted by Council in June, 2003, includes urban design guidelines for
development along Markham Road, and a concept for the development of a
community focus further north on the east side of Markham Road between Highglen
Avenue and Golden Avenue. The
intersection of Markham Road and Steeles Avenue is identified as a primary
gateway location, reflecting the importance of this intersection as a major
entry point into the Town from the City of Toronto. The Markham Road Corridor Study identified
the need for a feature at this intersection which would reflect the importance
of the intersection and complement the ‘fountain in the park’ feature on the
west side of Markham Road.
Official Plan and Zoning
The
proposed food store is a permitted use within the Community Amenity Area
designation which applies to the subject lands.
The Community Amenity Area designation permits a range of retail,
service, community, institutional and recreational uses, but limits individual
retail uses to a maximum 6,000m2 (64,585 sf) gross floor area. The total gross floor area of the proposed No
Frills store (5,535 m2 ) falls under this maximum, and therefore no Official Plan
amendment is required for this application.
The preliminary proposal submitted to
staff for this site included a gas bar at the intersection of Markham Road and
Steeles Avenue, but was excluded from the subsequent site plan when staff
advised that a gas bar would not be supported at this significant gateway
corner. To reinforce the position that
gas bars or any other automotive uses are not appropriate on this site,
automotive uses will be specifically prohibited in the Community Amenity Area
designation and zoning on this property, and certain other properties along
Markham Road, through the Official Plan Amendment currently being finalized for
the entire Markham Road Corridor Study area. This amendment was considered at a
Public Meeting on June 15, 2004.
Zoning by-law amendments are required
The lands are
zoned Community Commercial (CC) in By-law 90-81, which permits a supermarket in
addition to retail and other uses, but requires that all uses be contained
within one shopping centre, defined as “a group of commercial uses which have
been designed, developed and managed as a unit by a single owner or tenant, or
a group of owners or tenants and distinguished from a business area comprising
unrelated individual uses.” In addition,
the zoning limits the size of any individual premise to the lesser of 50
percent of the total gross floor area of the shopping centre or 6,000m2. The intent of the zoning is to both restrict
‘big box’ type retail stores at this location and to avoid the development of a
stand-alone store, in order to ensure the development of a range of retail uses
on the site befitting a shopping centre.
The proposed No
Frills store would comprise approximately 75 percent of the total gross floor
area on the site. As the proposed site
plan provides for the comprehensive development of the site, and none of the
individual retail uses exceeds 6,000m2, a change to the zoning to permit
individual premises to exceed 50 percent of the total gross floor area of the
site can be supported.
The
lands are also subject to Interim Control By-law 2002-215, as amended. The interim control by-law, in effect until
September, 2004, was enacted during the initial phase of the Markham Road
Corridor Study to ensure that development inconsistent with the emerging vision
for the area did not occur. The interim
control by-law will be lifted upon the completion of a land use analysis to
confirm the appropriate land use designations for vacant parcels within the
Markham Road Corridor, and the subsequent adoption of Official Plan, Secondary
Plan and zoning by-law amendments. The
interim control by-law is under appeal to the Ontario Municipal Board by the
owners of lands on the east side of Markham Road, south of Kirkham Drive. The appeal of the interim control by-law does
not prevent the Town from exempting the subject lands from the interim control
by-law.
As
the proposed retail development does not represent a change in land use
designation in the Official Plan, and as the Community Amenity Area designation
provides for the uses envisioned in the Markham Road Corridor Study (e.g., retail,
office, institutional, medium and high density
residential development), it is recommended that Council
exempt the subject lands from the interim control by-law.
An
amendment to exempt the subject lands from the Interim Control By-law is
attached as Appendix ‘A’. A draft amendment to Zoning By-law 90-81 to
permit the proposed development is attached as Appendix ‘B’.
Site plan is generally consistent with the Markham Road
Corridor Study and is acceptable
The
application has been reviewed within the context of the urban design objectives
and guidelines arising from the Markham Road Corridor study, which are
consistent with Official Plan policies for Community Amenity Areas, and the
approved Villages of Fairtree Community Design Plan.
The Markham Road urban design guidelines
promote the development of a pedestrian-friendly streetscape along Markham
Road, attained through the massing of buildings along the street, the provision
of pedestrian access, and the avoidance of large open parking areas adjacent to
the street. In addition, Markham
Road/Steeles Avenue intersection is identified as a primary gateway location
which merits upgraded architectural and design standards.
The proposed No Frills store and future
retail buildings are sited to provide as much massing along Markham Road and
Steeles Avenue as possible, given the existing servicing easements along
Markham Road and Steeles Avenue, and the objectives of minimizing the
visibility of the loading area for the No Frills store from Markham Road, and
minimizing noise impacts on the residential development to the east. The buildings and corner feature occupy
approximately 46% of the frontage along Markham Road, and approximately 50% of
the frontage along Steeles Avenue, which approximates the build-to target of
50% in the Markham Road Corridor Study guidelines.
The proposed cladding material for the No
Frills store is stucco, which is an upgrade to the metal cladding generally
used for No Frills stores. The west
elevation facing Markham Road provides for a height element consistent with the
front of the store, and the appearance
of glazing near the roofline.
The loading area is located on the north side of the building, to be
screened from Markham Road by landscaping.
A third loading dock, added to the site plan as part of the latest
revision, should be relocated as it is directly visible from Markham Road.
As the tenants have not yet been secured for
the three future retail buildings, it is recommended that the elevations for
these buildings be approved in principle, with the provision that the final
elevations contain the following elements:
·
Main entrances for gateway
buildings should be oriented towards the gateway feature;
·
Common cladding materials on
all buildings;
·
A raised parapet above all
customer entry doors;
·
Glazing over two-thirds of
the street-facing elevations for Buildings ‘B’ and ‘C’; and
·
Double glazed doors on the
street-facing elevation.
The main driveways into the site will provide
for landscaping in the form of planted medians at the end of parking rows.
Pedestrian access to and within the site is
provided by walkways through the public feature at the southwest corner of the
site, and by a walkway to Markham Road from the front of the No Frills
store. In addition, a walkway is being
provided from the residential area to the east, with a connection to the open
space/stormwater pond area to the north of the site.
Public corner feature to be finalized
The
proposed public feature at the southwest corner of the site is yet to be
finalized. The feature as proposed by
the applicant lacks a vertical dimension to complement the fountain/gazebo
feature in the park on the west side of Markham Road. A satisfactory design for the public feature,
including an appropriate vertical element is recommended as a condition of site
plan approval. The public feature will
be situated so that no structures are built over the existing sanitary
easements.
Accesses
have been approved; noise study to be finalized; servicing easement to be provided
The four proposed accesses have
been approved by the Region of York and the City of Toronto through the review
of a traffic impact study. 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.
A
noise study identifying required measures to mitigate against truck noise
adjacent to the existing residential development to the east of the site is
currently being undertaken. Any revisions
to the site plan required to implement noise mitigation recommendations will be
made prior to final site plan approval.
The site plan
currently shows two sets of watermains and sanitary sewer forcemains, one set
of which is assumed to be obsolete. As a condition of site plan approval, the
applicant will be required to submit as-built drawings of the relocated
watermain and sanitary forcemain within the Town easement adjacent to Markham
Road, and be required to provide an easement over Part 2, Plan 65R-24442 to
include the sanitary forcemain and watermain, and to certify that the existing
services are abandoned.
Developer contribution to Markham Road improvements
The Markham Road
Corridor Study proposed a new street cross-section for Markham Road to make the
arterial road more pedestrian-friendly in keeping with the urban design vision.
The proposed new cross-section consists of four traffic lanes plus a five metre
wide landscaped centre median intended to provide greenery, visual interest and
a safe crossing area for pedestrians and cyclists. The proposed cross-section also allows for a
sidewalk and two rows of trees on each side of the street.
Markham Road is under the jurisdiction
of the Region of York. It is recommended
that a contribution toward future intended
landscaping and median improvements, in keeping with planned Regional
improvements and the recommendations of the Markham Road Corridor Study
regarding the creation of an urban streetscape (e.g., sidewalks, landscaping,
paving, etc), be required as a condition of approval of the site plan
application.
Issues raised at December 9, 2003 Public Meeting have been
addressed
Concerns
raised at the Public Meeting on December 9, 2003 were related to a letter of
opposition from landowners on the south side of Steeles Avenue, and comments
from Committee members regarding the proposed public feature, landscaping and
elevations. These concerns are addressed
below.
Opposition raised by Norstar Group of Companies in a
letter dated December 9, 2003
In a letter dated December 9, 2003, Norstar Group of Companies
expressed opposition to the proposed development applications on the grounds
that a) a Council decision on this application would be premature until Council
has approved Official Plan policies and zoning by-law restrictions to implement
the design guidelines for which the Interim Control By-law was passed, and b)
that the proposal does not comply with the multi-purpose centre function of a
Community Amenity Area as defined in the Official Plan, nor does it provide an
attractive pedestrian-friendly streetscape that is not dominated by large
surface parking lots, as the lot coverage is only 20%.
The Norstar Group of Companies owns
approximately 4 ha (10 ac) of lands on the south side of Steeles near
Middlefield Road in the City of Toronto.
At the time the letter was submitted, Norstar Group was seeking site
plan approval from the City of Toronto for retail uses on these lands,
including a food store. Site plan
approval has since been granted.
FINANCIAL CONSIDERATIONS:
None at
this time.
ENVIRONMENTAL
CONSIDERATIONS:
None at
this time.
ACCESSIBILITY
CONSIDERATIONS:
The site
plan has been reviewed with respect to the accessibility guidelines and was
found to be acceptable. Landscape plans
will be reviewed for conformity with the accessibility guidelines prior to
final plan approval.
BUSINESS UNITS CONSULTED AND AFFECTED:
All Town departments and external
agencies have been circulated with these applications and all comments have
been considered in this report.
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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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Figure 1: Location Map
Figure 2: Area Context/Zoning
Figure 3: Aerial Photo
Figure 4: Site Plan
Figure 5: Elevations – No Frills
Figure 6: Elevations – Buildings B, C & D
