RECOMMENDATION:
That a Public Meeting be held to consider the application
submitted by Cranford Developments Ltd. for approval of a zoning by-law
amendment for 9982 Highway 48.
PURPOSE:
The purpose of this report is to provide preliminary information
regarding an application for the application submitted by Cranford Developments
Ltd. for approval of a zoning amendment to permit a drive through restaurant,
and to recommend that a public meeting be scheduled to obtain public comment.
BACKGROUND:
Property and Area Context
The subject
lands are approximately 0.74 hectares (1.83 acres) in area and are located on
the west side of Highway 48, south of Major Mackenzie Drive East, within the
Wismer Commons Community (see Figure 1). Exhibition Creek traverses the
southwest portion of the property. The lands that are the subject of this
application are part of a larger parcel also owned by Cranford Developments
Ltd. having a total land area of 1.12 hectares (2.77 acres) and located at the
southwest corner of Highway 48 and Major Mackenzie Drive East (see Figure 3).
The larger parcel is occupied by a single detached residence and frame garage.
While the lands subject of this rezoning application are vacant.
To the
north of the subject lands is a single detached dwelling located on the remaining
portion of the property and Major Mackenzie Drive East. Across Major Mackenzie
to the north are vacant lands. To the east is Highway 48. Across Highway 48 to
the east is an industrial building. The adjacent lands located to the south and
west are occupied by a single detached residence listed in the Markham
Inventory of Heritage Buildings. This adjacent property is also traversed by
Exhibition Creek (see Figure 3) and is designated Major Commercial, Open Space
and Hazard Lands. These lands have recently been rezoned Major Commercial (MJC
*187), permitting shopping centre uses.
Secondary Plan and Zoning
The
subject lands are designated Major Commercial, Open Space and Hazard Lands in
the Wismer Commons Secondary Plan. The Major Commercial designation permits
large scale multi-use, multi-purpose centres offering a diverse range of
retail, service, community, institutional and recreational uses intended to
serve a large market such as a portion of the municipality and/or broader
regional market. The Major Commercial designation is intended to provide an
identifiable destination for major shopping needs.
The lands
are zoned 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 applicant is proposing
to rezone the lands from Rural Residential Four (RR4) and Automotive Commercial
One (AC1) Hold to Major Commercial (MJC) Hold
The applicant is proposing to
rezone the lands from Rural Residential Four (RR4) and Automotive Commercial
One (AC1) Hold to Major Commercial (MJC) Hold to permit drive through
restaurants specifically Tim Hortons/Wendy’s. A conceptual site plan has been submitted (Figure 4). Since no formal
site plan application has been submitted, a Holding (H) provision will be
appended to the zoning and only removed upon site plan approval and execution
of a site plan agreement. No change is proposed to the portion of
the subject lands zoned Open Space One (OS1).
Exhibition Creek traverses the properties
The Exhibition Creek watercourse
traverses the subject lands as well as the adjacent property located to the
west and south. On August 31, 1999,
Council approved a rezoning application for the northerly portion of the site
to permit a gas bar and car wash.
At the same time, Council also
approved a plan to reconfigure Exhibition Creek whereby the watercourse is
maintained in private ownership in a largely open state and realigned along the
property boundaries between 9900 and 9982 Highway 48. The lands that will be
the subject of the realigned creek were also rezoned at the same time to Open
Space One (OS1) (see Figure 2). The approved Exhibition Creek realignment plan
addresses concerns raised by the Development Services Committee and members of
the public at the Public Meeting held May 18, 1999. A 14 metre wide, open channel is proposed along the mutual lot
line between 9900 and 9982 Highway 48, running south and then to the east to
Highway 48 (see Figure 5). The open
channel is to be heavily vegetated while the piped areas in proximity to Major
Mackenzie Drive East and Highway 48 will be landscaped. The approved plan shows
a parkette with outdoor seating at Highway 48. The applicant will be required
to convey an easement to the Town over the reconfigured watercourse. The site
plan agreement(s) will require the owner to maintain the property to the
satisfaction of the Town and will advise that should the Town be required to
clean the site, the cost of such maintenance will be added to the tax bill(s)
of the property owner.
POTENTIAL BENEFITS OF APPROVAL OF THE PROPOSAL
This proposal
along with other future commercial development along Highway 48, will assist in
meeting the shopping needs of the residents of the Wismer Community.
CONCERNS/ISSUES TO BE RESOLVED
The following is a brief summary of concerns/issues
raised to date. These matters, and any
others identified through the circulation and detailed review of the proposal
will be addressed in a final staff report to be presented to Committee at a
later date.
Wismer Commons Community Design Plan
The Wismer Commons Community Design Plan requires
submission of Urban Design Guidelines prior to proceeding with Site Plan
Approval of any Major Commercial development.
On July 8, 2003, Council adopted in principle Urban Design Guidelines
for the lands along the west side of Highway 48. The Guidelines include
policies regarding the location and design of drive through restaurants.
Staff will review the subject proposal for Tim
Hortons/Wendy’s drive through restaurants against the drive through restaurant
policies and other design guidelines contained in the Highway 48 Urban Design
Guidelines. An intention of the Guidelines is to ensure that drive through
lanes do not occupy lot frontages. An initial review indicates that the drive
through restaurant is permitted at the location proposed by this application,
however, the Guidelines permit drive through lanes only on at the side and/or
rear of the building. While the conceptual site plan shows drive through lanes on
the sides of the building, the northerly drive through lane stacks along the
frontage of the lot and occupies a significant portion of the lot frontage.
Site access
Access to the site will require approval from the Region
of York (Major Mackenzie Drive) and the Ministry of Transportation (Highway
48). In addition, staff will review the internal site vehicular circulation.
Traffic study will be required
A traffic impact study will be required to address site
access, impact on existing roads, traffic volumes and required road
improvements.
Development of remaining parcel
The portion of Major Mackenzie Drive East west of Highway
48 is to be realigned in the future, shifting the right-of-way to the north to
align with Major Mackenzie Drive East, east of Highway 48. The applicant is in
discussions with the Region to obtain the surplus lands resulting from the
proposed realignment. The current rezoning proposal includes a portion of the
lands to the north already zoned Automotive Commercial One (AC1) Hold by the
previous rezoning application approved in 1999. A review of the subject
application is required to ensure that the remaining lands are of an
appropriate size for development in compliance with the AC1 zoning. In
addition, further information regarding the existing location of the centerline
of Major Mackenzie Drive East is required to determine whether the surplus
lands to be purchased by the applicant requires rezoning to Automotive
Commercial One (AC1) Hold.
FINANCIAL CONSIDERATIONS:
No financial implications are to be
considered by this report.
ENVIRONMENTAL CONSIDERATIONS:
Exhibition Creek traverses the subject
property. The application has been circulated to the TRCA and their comments
will be reflected in the final report and zoning by-law.
ACCESSIBILITY CONSIDERATIONS:
Accessibility to proposed buildings
will be considered at the site plan approval stage.
BUSINESS UNITS CONSULTED AND AFFECTED:
The rezoning application submitted
by Cranford Developments Ltd. has been circulated to various Town departments
and external agencies. Requirements of the Town and external agencies will be
reflected in the preparation of the zoning by-law.
It is recommended that the
Committee authorize the scheduling of a Public Meeting to consider the
applicant’s proposed zoning amendments.
ATTACHMENTS:
Figure 1 – Location Map
Figure 2
– Area Context/Zoning
Figure 3
– Aerial Photo
Figure 4
– Conceptual Site Plan
Figure 5
– Option B – Realignment of Exhibition Creek
APPLICANT/AGENT:
David Johnston
David
Johnston Architect Ltd.
8 Maple
Lane Tel.: (905) 479-9992 ext. 22
Unionville,
Ontario L3R 1R2 FAX (905) 479-9985
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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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Q:\Development\Planning\APPL\ZONING\03111893
Cranford Developments Ltd\preliminary report.doc
