RECOMMENDATION:
That
the Record of Public Meeting held on September 23, 2003 regarding the zoning
by-law amendment application (ZA 03 111893), submitted by Cranford Developments
Ltd. to permit a proposed commercial development at the southwest corner of
Highway 48 and Major Mackenzie Drive East, be received;
That
zoning by-law amendment application (ZA 03 111893) to amend By-laws 304-87, as
amended, and 177-96, as amended, submitted by Cranford Developments Inc., for a
proposed commercial development at the southwest corner of Highway 48 and Major
Mackenzie Drive East, be approved and the draft Zoning By-law amendments
attached as Appendix “A” to the staff report dated June 1, 2004, be enacted;
And
that the Province of Ontario be advised that the Town of Markham supports the
application by Cranford Developments Ltd. to amend Ontario Regulation 104/72 of
the Provincial Minister’s Order for the Pickering Airport in the Town of
Markham deleting a portion of the surplus lands resulting from the jog
elimination of Major Mackenzie Drive East at Highway 48 and described as Part
of Lot 21, Concession VII.
PURPOSE:
The purpose of this report is to
provide an evaluation and recommend approval of the zoning by-law amendment
application (ZA 03 111893) submitted by Cranford Developments Ltd. to permit a
proposed commercial development at 9982 Highway 48.
BACKGROUND:
Property and Area Context
The lands
that are the subject of this application are located on the west side of
Highway 48, south of Major Mackenzie Drive East, within the Wismer Commons
Community (see Figure 1). The lands
comprise the following components from north to south:
- A 0.224 ha (0.553 ac) parcel zoned
Agriculture One (A1), Rural Residential Two (RR2) and Automotive
Commercial One (AC1) Hold, that has been declared surplus by the Region of
York as a result of the realignment of Major Mackenzie Drive East to
eliminate the sharp curve east of Highway 48. The applicant has entered
into an agreement with Region of York to purchase these surplus lands;
and;
- A 1.115 ha (2.755 ac) parcel owned by the
applicant, comprises the following:
- 0.62 ha (1.53 ac), occupied by a
single detached residence and frame garage, zoned Automotive Commercial One
(AC1) Hold,
- 0.38 ha (0.94 ac), vacant and zoned
Rural Residential Four (RR4), and,
- 0.115 ha (0.284 ac) zoned Open Space One (OS1) that
will accommodate the realigned Exhibition Creek.
To the north across Major Mackenzie Drive East are vacant lands and two
dwellings fronting onto Highway 48. To the east, across Highway 48, is an
industrial building (Emmerson Electric). To the southwest is a single detached
residence designated under Part IV of the Heritage Act. This adjacent property,
with the exception of the portion occupied by Exhibition Creek (see Figure 3),
was recently rezoned Major Commercial (MJC*187), permitting shopping centre
uses.
Natural Features
The Exhibition Creek watercourse traverses the
subject lands as well as the adjacent properties to the west and south. In
August, 1999, Council approved a plan to reconfigure Exhibition Creek along the
boundary between the subject lands and the adjoining property (9900 Highway
48). The realigned Exhibition Creek is to be reconstructed as a 14 metre wide
naturalized corridor and remain in private ownership. Technical approvals have
been obtained from the Town, MOE and TRCA for the reconfiguration of the
watercourse. TRCA approved landscape plans will restore and enhance the Creek.
The landscape plan comprises a diverse and natural planting scheme including 33
deciduous trees, 22 coniferous trees and 233 shrubs distributed along the
length of the Creek. As the plants mature the Creek will become a visual and
environmental amenity.
Proposal
The applicant is proposing to:
·
Rezone the portion of the surplus York Region lands
that are zoned Agriculture One (A1) and Rural Residential Two (RR2) to
Automotive Commercial One (AC1) to be combined with the applicant’s lands that
are already zoned Automotive Commercial (AC1) Hold, to permit a gas bar, car
wash and convenience kiosk uses;
·
Rezone the southerly portion of lands zoned
Automotive Commercial One (MJC) Hold to Major Commercial (MJC) to permit a
drive-through restaurant, specifically Tim Hortons/Wendy’s; and;
·
Rezone the 0.38 ha (0.94 ac) parcel zoned Rural
Residential Four (RR4) to Major Commercial (MJC) to be combined with the lands
to the north to permit a drive-through restaurant, specifically Tim
Hortons/Wendy’s.
A conceptual site plan has been submitted in support of the subject
application for the drive-through restaurants (see Figure 4).
Secondary Plan and Zoning
By-law
The subject lands are designated Major Commercial, Open Space and Hazard Lands in the Wismer
Commons Secondary Plan.
The lands are zoned Agriculture One (A1),
Rural Residential Two (RR2), Rural Residential Four (RR4) by By-law 304-87 and
Automotive Commercial One (AC1) Hold and Open Space One (OS1) by By-law 177-96
(see Figure 2).
The proposed commercial development conforms
to the Wismer Commons Secondary Plan.
OPTIONS/DISCUSSION:
Concerns and issues identified in
the preliminary staff report have been addressed.
The applicant has resolved the
concerns/issues identified in the preliminary staff report on this proposal
considered by Development Services Committee on August 25, 2003, to the satisfaction of staff, as follows:
1.
Wismer Commons Community
Design Plan
The
Wismer Commons Community Design Plan requires the approval of Urban Design
Guidelines prior to proceeding with site plan approval of development for the
commercial lands on the west side of Highway 48. On July
8, 2003, Council adopted Urban Design Guidelines in principle. The
Guidelines include policies regarding the location and design of drive-through
restaurants.
A
site plan application has not been submitted for the subject lands. The
application, when submitted, will be reviewed in detail against the Highway 48
Urban Design Guidelines. The Guidelines require that drive-through lanes are
not to occupy lot frontages. The Guidelines permit drive-through restaurants at
the location proposed by this application, and that drive-through lanes are
permitted only at the side and/or rear of the building. The conceptual site
plan (Figure 4) submitted in support of this rezoning application shows
drive-through lanes on the two sides of the building. The northerly
drive-through lane is proposed to stack for a short distance along the frontage
of the lot. An alternative stacking arrangement and screening/landscaping will
be determined at the site plan stage. Also of note is the wrap-around driveway
proposed on the convenience/gas bar kiosk. As this is contrary to the design
guidelines, staff will pursue alternative options with the applicant through
the site plan approval process.
2.
Site Access
The conceptual
site plan proposes driveway accesses to Highway 48 and Major Mackenzie Drive
East, these accesses will require approval from the Ministry of Transportation
and the Region of York prior to site plan approval.
3.
Traffic
Prior to site
plan approval a traffic study will be required to address site access, impact
on existing roads, traffic volumes, required road improvements and internal
site vehicular circulation.
4.
Surplus Regional Lands
The
applicant has entered into an agreement with the Region to purchase 0.223 ha
(0.552 ac) of surplus lands resulting from the proposed realignment of Major
Mackenzie Drive East. Regional Council approved the sale of the surplus lands
on April 22, 2004, subject to the retention of a 6 metre wide easement in
favour of the Region for an existing watermain. Given the shape, size and
existence of the watermain, the surplus lands can only be developed in
conjunction with the adjacent lands. They will be incorporated into the
proposed automobile service station, as shown on Figure 4.
Public meeting held on September 23,
2003.
A
statutory public meeting was held on September 23, 2003, to consider the zoning
application. No members of the public
spoke at the meeting. Committee directed staff to require significant
landscaping along the realigned Exhibition Creek and to investigate whether the
realigned Exhibition Creek can come into Town ownership. On August 31, 1999,
staff reported to Council that dedication of this portion of the realigned
Exhibition Creek was not recommended because it would not provide a connection
to any valley feature to the north across Major Mackenzie Drive or to the
southeast across Highway 48. Council approved the staff recommendation
including the requirement that the Owner convey a maintenance easement over the
entire realigned Creek (enclosed and open portions) to the Town to ensure that
the opened portion is maintained properly. A maintenance easement will be
registered on title through the execution of a site plan agreement.
Council
also directed that both developments proposed by Cranford Developments be
treated as one development. The site plan application will be reviewed to
ensure vehicular connections between the automotive commercial and
drive-through restaurant uses. As well, landscaping will be used to identify
the significance of the Major Mackenzie Drive and Highway 48 intersection.
Staff will be reporting to Development Services Committee when a site plan
application is received.
Zoning by-law amendments
Draft
zoning by-law amendments are attached as Appendix “A”. The proposed amendment
to By-law 304-87 deletes the southerly portion of the Cranford lands and the
surplus Regional lands from the designated area of By-law 304-87. The proposed
amendment to By-law 177-96 zones the portion of the lands to be used for
drive-through restaurant uses “Major Commercial (MJC) Hold”, and incorporates
site specific development standards tailored to the specific development
proposal in conformity with the Highway 48 Urban Design Guidelines, and zones
the lands surplus from the realignment of Major Mackenzie Drive East Automotive
Commercial One (AC1) Hold. The Hold provisions will be removed once site plans
for the automotive commercial and drive-through restaurant uses have been approved
by the Town.
The Ministry of Transportation has no objections in principle to the
proposed development applications
The Ministry has no objection to the development applications subject
to, among other requirements, a setback of 14 metres from the Highway 48
property line to all new structures above or below ground, and Ministry
Building/Landuse/Sign/Entrance permits being obtained prior to any development
of the property.
On June 24, 2003, Council approved a Transportation Committee report to
request the Ministry of Transportation of Ontario to transfer the ownership of
Highway 48 fronting the Wismer Commons Community to the Town in 2005 when the
Markham By-pass is completed. After the transfer the Ministry will not be
commenting on applications and therefore the above requirements would not
apply.
Additional Studies
Required
The Engineering Department requires the
submission of conceptual servicing reports to identify method and location of
municipal services. These reports will be required prior to site plan approval.
A
portion of the surplus lands are required to be deleted from the Minister’s
Zoning Order (Airport)
A portion of the lands being acquired from the
Region are currently included in the Provincial Minister’s Zoning Order for the
Pickering Airport. The applicant has applied to the Province to delete these
lands from the Minister’s Zoning Order. Staff supports the deletion of the
lands from the Zoning Order.
The Official Plan and the Wismer Commons
Secondary Plan will be updated when housekeeping amendments are undertaken to
adjust the Urban Area and Major Commercial designations to reflect the
realignment of Major Mackenzie Drive East.
FINANCIAL CONSIDERATIONS:
No financial considerations at this time.
ENVIRONMENTAL CONSIDERATIONS:
The rezoning application has been circulated to the TRCA and their
requirements are reflected in the proposed zoning by-law (see Appendix A).
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 reviewed by Town Departments and external
agencies. Department/agency requirements
have been incorporated in the implementing zoning by-law as required.
CONCLUSION:
Staff support the approval of the rezoning application submitted by
Cranford Developments Ltd., ZA 111893, and recommend that the implementing
zoning by-laws contained in Appendix A, be approved.
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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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ATTACHMENTS:
Figure 1 – Applicant/Agent & Location Map
Figure 2
– Area Context/Zoning
Figure 3
– Aerial Photo
Figure 4
– Conceptual Site Plan
Appendix A – Draft Zoning By-law Amendments
APPLICANT/AGENT:
David Johnston
David Johnston Architect Ltd.
8 Maple Lane Tel.: (905) 479-9992
Unionville, Ontario L3R 1R2 Fax: (905) 479-9985
Q:\Development\Planning\APPL\ZONING\03111893 Cranford
Developments Ltd\recommendation report.doc
