RECOMMENDATION:
THAT
the record of the Public Meeting held on July 7, 2003 with respect to the
applications by Iole and Sandro Capogna for
draft plan approval and implementing zoning for a proposed plan of subdivision
comprising 127 residential residential units and an automobile service station
south of 16th Avenue, east of 9th Line, be received;
AND
THAT the application to amend Zoning By-laws 304-87 and 177-96 for a first
phase comprising the automobile service station block and one residential
block, be approved, and the draft
by-laws, attached as Appendices ‘A’ and ‘B’, be enacted;
AND
THAT the Site Plan application (SC.3.119493) submitted by Iole and Sandro Capogna/Petro Canada for the automobile service
station block be approved subject to the following
conditions:
1. That the Owner enter into a site
plan agreement with the Town;
2. That prior to execution of the
site plan agreement, the Owner shall submit final drawings, and comply with all
requirements of the Town and authorized public agencies, to the satisfaction of
the Commissioner of Development Services;
3. That the site plan agreement
include provisions for the payment by the Owner of all applicable fees,
recoveries, development charges, parkland dedications and financial obligations
related to applicable Developers Group Agreements.
4. That the site plan agreement
include provisions to ensure that the recommendations of the approved noise
impact study are implemented.
5. That the site plan agreement
include provision for the contribution by the Owner of $5,000 towards the
enhancement of landscaping in the west boulevard of 9th Line
opposite the proposed automobile service station.
6. That site plan approval
shall lapse after a period of three years commencing April 20, 2004 in the event that the Owner does not enter into a
site plan agreement with the Town during that period.
7.
That the owner obtain
approval from the York Region Transportation and Works Department for access to
9th Line and the Markham By-pass (future 16th Avenue) prior to commencing any work on the site or road allowance.
PURPOSE:
The purpose of this report is as
follows:
·
to recommend approval of
amendments to zoning By-laws 304-87 and 177-96 to permit an automobile service
station at the south east corner of 16th Avenue and 9th
Line and one residential block on the east side of 9th Line, south
of the automobile service station block.
·
to recommend approval of a site
plan application for the proposed automobile service station.
The applicants propose to create the
service station block and the residential block by consent applications through
the Committee of Adjustment. Attached as
Appendix “A” to this report are draft recommended conditions of approval for
the consent applications. These
conditions, once finalized, are to be forwarded to the Committee of Adjustment.
BACKGROUND:
Properties and Area Context
The Capogna property is 7.945 hectares
(19.63 acres) in area and is located within the Cornell Community with frontage
on the south side of 16th
Avenue and on the east
side of 9th Line (see Figure 1).
In the past the property was used for agricultural purposes. The
property is currently vacant with the exception of an existing garden
shed. To the north across 16th Avenue are lands which have been draft-approved for residential
development and are currently being serviced (Metrus). To the south is the former 16th Avenue right-of-way and lands which have been draft-approved for
residential development and are currently being serviced (Wykland
Estates/Mattamy Homes). Further to the
south is the existing Cornell community.
To the west of the 9th Line are existing homes which front
onto Spragg Circle and back onto 9th Line (see Figure 2).
Official Plan and Zoning By-law
The Official Plan designates the
majority of the Capogna property as Urban Residential and a portion at the
intersection of 9th Line and 16th Avenue as Commercial. The Cornell
Secondary Plan designates the majority of the lands as Neighbourhood General,
the site at 9th Line and 16th Avenue as Automotive
Service Station, and a strip running parallel to the 9th Line as
Open Space (see Figure 8). The proposed
uses are permitted within the respective Secondary Plan designations.
By-law 304-87 currently zones the lands
Agricultural One (A1).
Proposal
Applications have been submitted for
draft plan of subdivision approval, implementing zoning, site plan approval for
the service station, and consent to sever the service station block and the
adjoining residential block from the remainder of the property.
The overall development (Figure 4)
comprises the following:
·
127 dwelling units, all served
by a rear lane, as follows:
|
Unit
Type
|
Residential Units
|
Minimum Lot Dimensions
|
|
Single Detached
|
51
|
11 metres x 27.4 metres (36 feet x 90 feet)
|
|
Semi-Detached
|
50
|
7.25 metres x 32 metres (23.7 feet x 105 feet)
|
|
Townhouse
|
25
|
6.0 metres x 32 metres (19.7 feet x 105 feet)
|
|
Total Units
|
127
|
|
·
A 0.232 ha. (0.57 acre) park
block (Block 92) fronting on Country
Glen Road.
·
A section of the Golden Jubilee
Greenway (Block 95). The Golden Jubilee
Greenway is a linear open space feature
along the 9th Line frontage of the Cornell Community.
·
Linear open space blocks
(Blocks 97 and 98) along the existing Markham By-pass (future 16th Avenue) frontage and associated parkettes (Blocks 93 and 94) connecting
into the internal street network.
·
A 0.69 ha (1.7 acre) automobile
service station block (Block 96) at the south-east corner of 9th
Line and the existing Markham By-pass (future 16th Avenue).
·
A 0.34 hectare (0.84 acre)
residential block immediately south of the service station block.
This report addresses zoning and
site plan approval for the automobile service station and the adjoining
residential block only (see Figure 4).
The residential component will be the subject of a future report as
outlined below.
DISCUSSION:
Residential component cannot be processed at this time: The
Trustee for the Cornell Developers Group has assigned water allocation to this
subdivision. However, the Region of
York has not provided conditions of draft approval which would allow it to
proceed to draft approval. A report
recommending approval of the residential component and implementing zoning
by-law will be brought forward at a later date when the required conditions
have been received from the Region.
To facilitate the completion of the
agreement of purchase and sale with Wykland Estates, Mr. and Mrs. Capogna have
applied to the Committee of Adjustment to sever the service station block
(application B/51/03) and the adjoining residential block (application B/50/03)
from the lands to be conveyed to Wyland Estates. Staff have no objection to these parcels
being created through severances subject
to conditions (draft conditions of approval are attached as Appendix “A”).
These conditions will secure the appropriate requirements normally included as
conditions of draft plan of subdivision approval.
Concerns of nearby residents have been addressed: On July 7, 2003, a statutory Public Meeting was held to consider the
proposed draft plan of subdivision and implementing zoning by-law
amendment. No members of the public
spoke at the Public Meeting. At the
meeting Ward Councillor Heath committed to hold a “community meeting” to review
the plans for the proposed service station with nearby residents once detailed
plans have been submitted.
The community meeting was held on
January 14, 2004. The meeting was
organized by Ward Councillor Webster and was also attended by Regional
Councillor Heath, eight area residents (six from Spragg Circle backing onto the
west side of 9th line opposite the service station site, and two
from White’s Hill Avenue, to the south).
Representatives of Petro Canada attended to present the plans and
respond to questions. At the meeting
the applicant agreed to investigate planting trees in the west boulevard of 9th
Line opposite the site, enhancing on-site landscaping, and ensuring that
signage and on-site lighting is designed to minimize light spillage onto their
properties. These items have been
addressed by the applicant as follows:
Tree planting in the west boulevard
of 9th Line:
Staff consulted with the Region of York, which has jurisdiction over 9th
Line, regarding the proposal to plant trees in the west boulevard of 9th
Line. Regional staff advised that it is
not practical to plant within the right-of-way of 9th Line at this
time for the following reasons:
- 9th Line is scheduled to be
widened in 2006;
- The design for the widening has not been
finalized;
- Additional trunk services, including a
large gas main, will be installed in this section of 9th Line
before the road is widened. The location of these trunk services has not
been finalized; and
- The boulevards will need to be regraded
when the road is widened and any plant material will be disturbed.
As an alternative, the applicant has
agreed to contribute $5000 towards the future enhancement of landscaping in the
west boulevard of 9th Line opposite the proposed automobile service
station. This contribution will be
secured in the site plan agreement.
Enhanced on-site landscaping: The applicant has upgraded the landscape plan as shown on Figure 7 to incorporate
extensive areas of low level (shrub) planting along the 9th Line
frontage of the site, with particular focus on the area in front of the exit
from the car wash where it faces 16th Avenue. This low level landscaping will help to
reduce car headlight spillage into the rear yards of the homes on the west side
of 9th Line.
Signage: The applicant has committed to minimize
signage on the west building elevations, which facing the homes backing onto
the west side of 9th Line.
The majority of the signage will be located on the elevations of the
buildings which face inward towards the pumps.
Implementing
zoning: The
implementing zoning by-laws are attached as Appendices “B and “C. The proposed amendment to by-law 304-87
would delete the service station block and the residential block from the
designated area of By-law 304-87. The
remainder of the property (the lands proposed to be sold to Wykland Estates)
would continue to be zoned “Agricultural” under By-law 304-87 until a draft
plan of subdivision has been approved for these lands by the Town. The proposed amendment to By-law 177-96 would
zone the service station site “Automotive Commercial One” (AC1), and
incorporate site specific development standards tailored to the specific
development proposal. The residential
block would be zoned “Residential 2” (Hold) and restricted to one single
detached dwelling only. The Hold
provision would be removed from the block once a site plan for the dwelling has
been approved by the Town.
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 plan, conditions of approval and implementing
zoning by-law as required.
ATTACHMENTS:
Figure
1 - Applicant/Agent & Location Map
Figure
2 - Area Context/Zoning
Figure
3 - Air Photo
Figure
4 - Proposed Draft Plan of Subdivision
Figure
5 - Site Plan – Automobile Service
Station
Figure
6 - Elevations – Automobile Service
Station
Figure
7 - Landscape Plan – Automobile Service
Station
Figure
8 - Secondary Plan Schedule
Appendix
‘A’ – Recommended conditions of approval for severance applications
Appendix
‘B - Draft amendment to By-law 304-87
Appendix
‘C - draft amendment to By-law 177-96
|
|
|
|
|
Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning & Urban Design
|
|
Jim Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
|
DOCUMENT:
Q:\Development\Planning\APPL\SUBDIV\03109620
Capogna\Final Report - service station zoning.doc
LOCATION MAP:
