RECOMMENDATION:
That the Official Plan amendment
application (OP 03-116661) submitted by
Forest Bay Homes Ltd for lands at the northwest corner of Markham Road and Denison Street, be approved
and the draft Official Plan amendment attached as Appendix ‘A’ be finalized and adopted;
That the draft Zoning By-law, attached as Appendix ‘B’, to exempt
the lands subject to zoning amendment application ZA.03-116653 from Interim Control By-law 2002-215, as
amended, be enacted;
That the zoning by-law amendment
application (ZA. 03-116653) to amend By-law 90-81 as amended, submitted by Forest Bay Homes
Ltd to permit a gas station and
drive-through restaurant at the northwest corner of Markham Road and Denison
Street, be approved and the draft Zoning By-law attached as Appendix ‘C’, be finalized and
enacted;
That the Site Plan application (SC. 03-116663) submitted by Forest Bay Homes Ltd to permit a gas station and drive-through restaurant at the
northwest corner of Markham Road and Denison Street, 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 following revisions:
a.
the deletion of
the “wrap-around” drive-through lane on the east side of the restaurant
parallel to Markham Road, or alternatively, the provision of an upgraded
landscaping treatment (including a combination of planting, berming, and decorative fencing and paving) to screen the drive-through lane;
b.
the inclusion
of the full-moves access from Markham Road within the site plan area;
c.
upgraded
building elements, particularly with respect to rooflines and glazing, as part
of an enhanced gateway treatment;
d.
any revisions
required to implement the recommendations of the required traffic impact study,
noise study and stormwater management study.
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 an upgraded landscape gateway treatment at the
northwest corner of the intersection of Denison Street and Markham Road,
extending along the length of the Markham Road and Denison Street 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, including fulfillment of the conditions of draft approval
for plan of subdivision 19T-89126, as they pertain to Block 554;
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 a noise study and implementation
of any recommended mitigation measures to the satisfaction of the Town;
c. Screening of lighting from the gas station to
mitigate its impact on existing residential development;
d. Submission of
a traffic impact study, including lane redesign at the Denison Street intersection and implementation of the
design, including conveyance of any required road widenings, to the
satisfaction of the Town;
e.
Submission
of a stormwater management report identifying storm drainage design for the
proposed development and any required revisions to the Storm Drainage Plan and
Overland Flow Plan for the subdivision (19T-89126) to the satisfaction of the
Town;
f.
Conveyance of any additional
required drainage easements identified in the stormwater management report; and
g.
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 1, 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 proposed Official Plan amendment, zoning by-law
amendment and site plan applications by Forest Bay Homes Ltd to permit a gas station and drive-through
restaurant at the northwest corner of Markham Road and
Denison Street.
BACKGROUND:
Subject lands and area context
The subject lands comprise approximately 1.1 hectares (2.7 acres) of a 7.8
hectare (19.4 acre) parcel at the northwest corner of Markham
Road and Denison Street
as shown on Figure 1. The 7.8 hectare parcel is identified as Block
554 on draft approved plan of subdivision 19T-89126. Block 554 was draft approved as a commercial
block, but has not been included in any of the registered phases of the
subdivision.
Three separate development applications were submitted for the lands within
Block 554 as follows and as shown in Figure
2:
§
commercial development,
consisting of a gas station and drive-through restaurant (Tim Horton’s);
§
a four storey, 51-unit apartment building; and
§
a 134 unit semi-detached
condominium development.
This recommendation report deals only
with the commercial application. The
apartment and semi-detached condominium applications will be addressed in
separate future reports. The applicant has requested that the
recommendation report for these residential applications be deferred.
The subject lands are located at the southeast corner of Block
554, with approximately 100 metres of frontage
on Markham Road and 90 metres of frontage on Denison Street. The lands are currently occupied
by a sales pavilion. Surrounding
land uses include a commercial plaza to the south and vacant lands comprising
the remainder of Block 554 to the west and north. A golf driving range is
located to the east across Markham Road. The lands occupied by the driving range are
also owned by the applicant, and have
been approved for future low density
residential development and a place of worship (Figures 3 and 4).
Proposal
consists of gas station and drive-through restaurant
The
proposal is for a gas station and drive-through restaurant (Tim Horton’s), with
the gas station sited at the intersection of Denison Street and Markham Road, and the restaurant sited
at the north limit of the site fronting Markham Road (Figure 5). The gas station consists of a 217 m2
(2,335 sf) convenience retail store near the intersection, three pump islands
and a 125 m2 (1,345 sf) touchless car wash. The proposed restaurant is a 261m2
(2,809 sf) Tim Horton’s with a drive-through window. Three accesses are proposed, including a
full-moves access from Denison Street, a restricted-moves access
on Markham Road near the intersection, and a full-moves
access from Markham Road at the north limit of the
site. Proposed elevations are shown in Figures 6 and 7.
DISCUSSION
Markham Road Corridor Study vision approved in June, 2003
The
subject lands fall 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 in the general area of the east side of Markham Road between
Highglen Avenue and Golden Avenue. The
intersection of Markham Road and Denison Street is identified as a
secondary gateway location which merits upgraded urban design attention.
Official Plan and Zoning by-law amendments are required
The subject lands are designated
Community Amenity Area in the Official Plan which supercedes the Community
Shopping Centre designation in the PD 24-2 (Armadale East) Secondary Plan. The Community Amenity Area designation in
the Official Plan permits the restaurant use and provides for gas station and
car wash uses subject to the review of specific development proposals and
rezoning. The location of gas station
and car wash uses at this location is consistent with the policies for
automobile service stations in the Official Plan, which identifies appropriate
locations as having access from arterial or collector roads and restricting
site size to approximately 0.6 hectares.
The proposed gas station development is located at the intersection of
Denison Street (a collector road) and Markham Road (an arterial road) and has a
site area of approximately 0.7 ha (about two-thirds of the total site
area). Official Plan policies also
restrict to two, the number of gas stations at any one intersection, preferably
on diagonally opposed corners. The
Secondary Plan identified a service station site at the southeast corner of
Markham Road and Denison Street (prior to the approval of the new commercial
designation categories in the Official Plan).
The subject site, adjacent to an existing commercial development, is
preferable to the identified location on the east side of Markham Road for a
gas station use, which has been zoned for institutional and residential uses as
part of the Villages of Fairtree community.
In terms of site design, the Official
Plan policies require that the number of accesses be limited to minimize danger
to vehicular and pedestrian traffic, that the principal buildings be oriented
to the intersection with the pump islands located to the rear of the site to
reduce visual impact and to provide a more pedestrian-oriented environment at
the intersection. Extensive landscaping
is also required to improve the aesthetics of the site and to buffer adjoining
properties from the activities of the gas station. All of these requirements are met in the site
plan which is discussed below.
A draft Official Plan Amendment to bring
the Secondary Plan into conformity with the Official Plan is attached as Appendix ‘A’.
The subject lands are zoned
Community Commercial (CC) in By-law 90-81, as amended, which permits one
shopping centre which may contain retail, supermarket, business and
professional offices, personal service shops, restaurants, etc., with
restrictions on the amount of the total gross floor area permitted to be
occupied by certain uses. 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 a Secondary Plan amendment. 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 commercial development does not represent a change in land use
designation in the Official Plan, and as the Community Amenity Area designation
provides for the mix of uses (e.g., retail, office, institutional, medium and high
residential development) envisioned in the Markham Road Corridor Study,
it is recommended that Council exempt the subject lands from the interim
control by-law. An amendment to exempt
the subject lands is attached as Appendix
‘B’. A draft amendment to Zoning
By-law 90-81 to permit the proposed gas station and restaurant development is
attached as Appendix ‘C’.
Site plan is generally consistent with the Markham Road
Corridor Study and is acceptable with the exception of the drive-through lane
parallel with Markham Road
The
proposed commercial site plan is generally consistent with the urban design
guidelines for Markham Road, as well as the site design policies for gas
stations in the Official Plan. The Official Plan policies
require that the number of accesses be limited to minimize danger to vehicular
and pedestrian traffic, and that the principal buildings be oriented to the
intersection with the pump islands located to the rear of the site to reduce
visual impact and to provide a more pedestrian-oriented environment at the
intersection. Extensive landscaping is
also required to improve the aesthetics of the site and to buffer adjoining
properties from the activities of the gas station. In addition, all building types should have
direct pedestrian access to Markham Road to encourage pedestrian activity on
the street. The Markham Road urban
design guidelines also promote the orientation of buildings to the street, with
direct pedestrian access from the street and parking located towards the rear
of the property, where possible. The
Markham Road/Denison Street intersection is identified as a secondary gateway
location which merits upgraded design standards.
The proposed convenience store is sited as
closely as possible to the intersection, with the gas pumps and car wash
located in the interior, further from view from Markham Road. The restaurant is also sited close to Markham
Road. Direct pedestrian access to Markham
Road is provided from the restaurant, however, the access is interrupted by a
drive-through lane on the east side of the building. This drive-through lane parallel to, and
visible from, Markham Road is not acceptable and it is recommended that the
site plan be revised to delete this lane, or alternatively, that an upgraded landscaping
treatment be provided (including a combination of planting, berming, and
decorative fencing and paving) to screen the drive-through lane. In addition, certain aspects of
the buildings should be upgraded, particularly with respect to rooflines and glazing,
to reflect the gateway location of this site, and the surrounding community.
Staff have had discussions with the applicant
regarding an upgraded landscaped treatment at this corner, as part of the
development of the site. An appropriate
landscape gateway treatment that extends the length of the Markham Road and
Denison Street frontages are included as a condition of site plan
approval.
Integration of the commercial, apartment and semi-detached condominium
sites
The proposed restaurant at the north
limit of the subject site will share an access from Markham Road with the
proposed apartment site to the north. An
indirect access to Denison Street from the proposed apartment site is also
provided through the parking lot at the rear of the proposed commercial
site. No access between the commercial
and apartment sites and the future semi-detached condominium site to the west
are proposed or required. Any potential
access from the proposed semi-detached condominium development to the
commercial and apartment sites would interfere with internal traffic
circulation on these sites, or cause undesired infiltration from the commercial
sites through the proposed residential condominium development.
Markham
Road accesses have been approved; traffic impact study to be finalized
The Region of York has indicated
approval for the right-in/right-out access from Markham Road for the gas
station portion of the site and a full-moves access from Markham Road to serve
the restaurant at the north limit of the site.
The northerly full-moves access should be removed from the apartment
site plan and included as part of the commercial site plan. The Region requires a southbound right-turn
lane, and a northbound left-turn lane
on Markham Road, which will be reflected in the final site
plan. A
traffic impact study for all three applications on Block 554 has been
undertaken to determine the impact of the proposed development on the immediate
road network, and to identify improvements to the Denison Street/Markham Road
intersection, including the need for any required road widenings to accommodate
required improvements. Any required
revisions to the site plan resulting from the implementation of the
recommendations of the traffic study, including any required road widenings on
Denison Street as a result of the lane redesign, will be made prior to final
approval of the site plan.
Additional conditions of site plan approval
include the submission of a noise study identifying mitigation measures
required for the proposed residential development to the west and north, and
provision for the screening of lighting from the proposed gas station
development to mitigate its impact on the proposed residential development to
the west.
Stormwater management
and drainage requirements to be addressed on northern portion of Block 554
Currently, all of the lands within
subdivision 19T-89126 drain into Block 554.
A stormwater management report for all of the lands within Block 554 is
underway to identify required revisions to the storm drainage plan and overland
flow plan for the entire subdivision.
Preliminary findings indicate the need for a redesigned overland flow
route along the north limit of Block 554 to drain into the stormwater ponds on
the east side of Markham Road. Any
impacts of the recommendations of the stormwater management report on the
proposed gas station and restaurant site will be addressed prior to final site
plan approval.
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 March 2, 2004 Public Meeting and March
29, 2004 Public Information Meeting have been addressed
Concerns
raised at the Public Meeting and a subsequent Public Information Meeting, and
in correspondence, were related to the gas station use, traffic, drainage, and
interconnectivity between the sites.
Gas station use – concerns were raised regarding traffic generation, odour, air pollution, the need for an
additional gas station and the potential for spills or explosions. As stated above, this site complies with the
Official Plan policies for gas station locations. The proposed gas station is separated
from existing residential development by the commercial plaza to the south
across Denison Street, and will be separated from future residential
development to the north by the restaurant.
The proposed gas station will be buffered from the proposed
semi-detached residential development to the west by an 8 metre (26 ft)
landscape buffer, half of which will be provided on the commercial site and
half of which will be provided on the future residential site. Any further buffering requirements will be
identified as conditions of approval for the proposed residential development
to the west.
With respect to
pollution and safety, 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. Gas stations are
located in many residential areas throughout the Town without incident.
Traffic –
concerns were raised with respect to higher traffic levels, and impacts on the
Markham Road/Denison Street and Denison Street/Marydale Avenue intersections. As mentioned above, the applicant is
undertaking a traffic study to identify the impact of the proposed development
on the immediate road network, and to identify improvements to the Denison
Street/Markham Road intersection, including the need for any required road
widenings to accommodate required improvements.
With respect to impacts on the Denison
Street/Marydale Avenue intersection, the proposed full movement access from
Denison Street to the gas station site will be aligned with the existing driveway
to the commercial plaza on the south side of Denison Street. Traffic movements to and from the site should
have little impact on the Denison Street/Marydale Avenue intersection which is
further west than the limit of the proposed gas station site. The impact of the proposed residential
development to the west on this intersection will be addressed in the final
report for that development.
Interconnectivity – the issue of interconnectivity between the sites has been
addressed above. One of the concerns
raised was the need for a connection with the lands to the north of the
proposed apartment development. This
potential connection will be addressed in the final reports for the apartment
and semi-detached condominium development applications.
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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DOCUMENT: Q:\Development\Planning\APPL\ZONING\03 116709 Forest
Bay Denison\Final Gas Station Report.doc
Figure 1: Location Map
Figure 2: Composite Plan
Figure 3: Area Context/Zoning
Figure 4: Aerial Photo
Figure 5: Site Plan
Figure 6: Elevations – Gas Station
Figure 7: Elevations - Restaurant
