RECOMMENDATION:
That
the site plan application (SC.02.119098) submitted by TDL Group to permit a Tim Horton's / Wendy's restaurant and double drive-thru at
8801 Woodbine Avenue (Lot 10, Concession 4) SC. 02.119098 be approved subject to the following conditions:
- That the Owner enter into a site plan
agreement with the Town, containing all standard and special provisions
and requirements of the Town, Region of York and other public agencies,
and including the specific requirements identified in the staff report;
- That the site plan agreement include provisions for
the payment by the Owner of all applicable fees, recoveries, development
charges, cash-in-lieu of parkland and financial obligations related to
applicable Developers Group Agreements;
- That prior to the execution of the site
plan agreement, the Town shall ensure satisfactory arrangements have been
made to satisfy all obligations related to the development, financial or
otherwise;
- That prior to the execution of the site
plan agreement, the Owner shall submit final drawings including but not
limited to site plans and elevations drawings, landscape plans, and
engineering drawings that comply with all requirements of the Town and
authorized public agencies, to the satisfaction of the Commissioner of
Development Services;
- That the owner submit a Landscape Plan, prepared by a Landscape
Architect, having O.A.L.A. membership, for approval by the Commissioner of
Development Services, prior to the execution of the site plan agreement;
- That the owner provide enhanced landscape
treatments at the Woodbine Avenue – Apple Creek Boulevard intersection and
along the Woodbine Avenue street edge in conformity with the Woodbine Corridor
Study guidelines.
- That the location, size and construction
of all internal refuse storage areas be approved to the satisfaction of
the Town of Markham Waste Management Department;
- That the owner will pay for all costs
associated with the relocation of utilities within the right-of-way, as
may be required;
- That the owner will obtain approval from
the York Region Transportation and Works Department prior to commencing
any work on the site or road allowance;
- That the owner will obtain approval from
the York Region Transportation and Works Department to provide extensions
in the Woodbine Avenue traffic median to limit site access to northbound
traffic only;
- That the owner will provide and maintain a
mutual right-of-way across the southern property limit, to the
satisfaction of the Town of Markham;
- That an ecologizer exhaust system be
installed to remove smoke and grease laden vapour from the kitchen hood
exhaust system of the proposed restaurant;
- And further that the site plan approval
will lapse after a period of three years commencing June 17, 2003 in the event that the
Owner does not enter into a site plan agreement
with the Town during that period.
PURPOSE:
The
purpose of this report is to recommend site plan approval, subject to
conditions for a Tim Horton’s / Wendy’s restaurant and double drive-thru,
located at 8801 Woodbine Avenue.
BACKGROUND:
Site description and area context
The
subject vacant lands consists of approximately 0.85 ha (2.11 acres),
municipally known as 8801 Woodbine Avenue, located on the south side of Apple
Creek Boulevard, east of Woodbine Avenue, and west of McIntosh Drive. Land uses to the north of the site include a
proposed plaza, which will contain a variety of office, retail and restaurant
uses, to the east and west are commercial and industrial offices, and to the
south is an empty lot for future development.
The Apple Creek watercourse is situated beyond the commercial and
industrial offices to the east, and an established residential neighbourhood is
located to the east and southeast.
Buttonville Airport is to the northeast of the subject lands.
PROPOSAL:
A Tim Horton’s / Wendy’s combination
restaurant with a double drive-thru is proposed
The
applicant is proposing to construct a single-storey, freestanding commercial
building to accommodate a Tim Horton’s / Wendy’s combination restaurant with a
gross floor area of 537.42 m² and associated double drive-thru service
windows. The applicant is proposing a
‘right-in/right-out’ access from Apple Creek Boulevard, as well as a mutual
access right-of-way, from Woodbine to be jointly owned and maintained with the
property to the south.
DISCUSSION:
The
proposal complies with the Official Plan and the zoning requirements
The subject property is designated as Business
Corridor Area in the Official Plan (revised 1987, as amended). The site is also zoned Business Corridor
(BC) under By-law 165-80 as amended, which permits restaurants, fast food
restaurants, and take-out restaurant uses.
Therefore, the proposed fast food/take-out restaurant complies with the
requirements of zoning By-law 165-80 and an amendment is not required.
Parking
exceeds Parking By-law 28-97 requirements
A
total of 60 parking spaces are required for the proposed Tim Horton’s / Wendy’s
combination restaurant, based on the standard required restaurant parking rate
of 1 space per 9 m² of net floor area.
The proposed site plan indicates an amount of on-site parking (100
spaces), beyond the standard requirement, therefore the site plan is in
compliance with the parking by-law.
The applicant has received approval from the
Committee of Adjustment
On January 22, 2003, the applicant received
Committee of Adjustment approval for consent to sever the northwest, two-acre
parcel of land for this development proposal, and also provide a mutual
right-of-way for a proposed private driveway across the southern property
limit. As a condition of the severance,
the Mutual Easement Agreement and a Cost Sharing
Agreement will be required to be registered on title and run with the
title of the land. The applicant has
submitted a draft mutual access agreement that has been reviewed by Town staff,
and is considered satisfactory.
Garbage is
required to be stored internally
Garbage
generated by the proposed restaurant will be required to be stored internally,
in an enclosed storage area. The
location, size and construction of the garbage storage area must be to the
satisfaction of the Town of Markham’s Waste Management Department.
The Town will
require the installation of an ecologizer unit
It
is the Town’s practice to require the installation of an ecologizer exhaust
system to remove smoke and grease laden vapour from the kitchen hood exhaust
system of proposed restaurants. This
requirement will be required as a condition in the site plan agreement.
The applicant has submitted a
traffic study
A traffic study was submitted to the Town and
concluded that no road improvements are required to accommodate the future
traffic volumes. However, the site plan
provides extensions in the Woodbine Avenue traffic median to prevent left turn
movements from southbound traffic, as well as a right-in/right-out only
movement from Apple Creek Boulevard.
The applicant is also proposing a private
right-of-way to the south of the property.
The applicant and the adjacent landowner will maintain this
right-of-way. A joint access and
maintenance agreement was submitted and reviewed by the Town legal department,
and is considered satisfactory.
The applicant will be required to satisfy Town
of Markham Engineering requirements
There
is no Town sewer system available for this property on Woodbine Avenue. However, existing storm sewer, sanitary
sewer and watermain is available on Apple Creek Boulevard for service
connection. The existing six-metre
grade differential from McIntosh Drive to Woodbine may affect service
connections, and the applicant will be required to verify the services are of
adequate depth for the proposal.
The applicant will be required to implement and maintain an on-site
stormwater management system, designed to the policies and criteria of the Town
of Markham, implement and monitor on-site sediment and erosion control
measures, as well as provide their share of stormwater quality control in
financial contributions or contribute to downstream quality control projects.
The applicant will also be required to provide detailed grading drawings
prepared by a professional engineer, to illustrate the treatment of the
six-metre grade differential from McIntosh Drive to Woodbine Avenue. If retaining walls are necessary, the
applicant will be required to submit structural drawings for any retaining wall
exceeding 1.0 metres in height.
Tim Horton’s/Wendy’s
application is within the area of the Woodbine Corridor Urban Design Study
(April 2001)
Staff has
requested the applicant to address these recommendations by providing a design
that addresses the corner lot location.
However, the applicant has indicated that the TDL Group is unable to
accommodate this request, as the building cannot be brought within six metres
of the property line as recommended in the study. Instead, the applicant feels that the site plan concerns can be
addressed with a standard corporate building design template with enhanced landscape
treatments at the intersection.
Unable to
satisfy the design concerns of staff, the site plan application was brought to
Development Services Committee Part A on May 6, 2003 for discussion. At that
time the item was deferred to the Unionville Subcommittee
The site
plan application was brought forward to the Unionville Subcommittee on May 20,
2003. The applicant took the position
that the building could not be sited to define the intersection, but instead
was willing to provide decorative corner defining walls as identified in
Section 4.4 of the Woodbine Corridor Study.
Upon
reviewing the site plan, Committee discussed pedestrian safety issues and
location of walkways from the rear parking lot to the entrance of the building. The applicant was advised to continue
working with staff to achieve the best possible pedestrian features and to
bring revised plans back to Unionville Subcommittee.
On
June 5, 2003, the applicant brought revised plans to the Unionville
Subcommittee. The Subcommittee
preferred the diagonal building placement because it meets Council’s design
objectives better than the alternatives.
The Unionville Subcommittee requested additional refinements to the
plan, including revisions to the rear parking lot, separating through traffic
from the Tim Horton’s drive through window and additional window glazing to
extend around the building. Upon
conclusion of the meeting, it was resolved the applicant would incorporate the
recommendations of the Unionville Subcommittee into a final revised site plan,
to be provided to staff, and final approval would be brought forward to
Development Services Committee on June 17, 2003.
Highly visible location
required significant design improvements
Due to its
location, Staff had requested the applicant to provide a design that will
address the corner lot location. The
consultants have been working closely with staff to refine the site plan and
building elevations, in accordance with the directions of the Unionville
Subcommittee. A number of meetings were
held and the designs for the fast food restaurant and associated drive-thru
windows have been refined. Since the
property is located on a major arterial road, and is within the boundaries of
the Woodbine Corridor Study (endorsed by Council in 2001), the Town of Markham
has requested a higher level of design.
Staff has worked in cooperation with the applicant to achieve
significant improvements to the originally proposed site design including the
following:
q
Improving pedestrian circulation
and access by providing a main entrance addressing the corner street frontage
to the Woodbine Avenue and Apple Creek Boulevard intersection.
q
Providing a restricted right-in /
right-out entrance from Apple Creek Boulevard.
q
Locating drive-thru accesses to the
sides of the building so not impede pedestrian movement.
q
Relocating the garbage room to the
rear of the building.
q
Providing enhanced window glazing
to extend around the building.
q
Minimize the number of parking
spaces from Woodbine Avenue frontage and providing enhanced landscape
treatments along Woodbine Avenue and Apple Creek Boulevard.
q
Reducing the number of parking
spaces in favour of enhanced pedestrian walkways.
q
Improving landscaping treatments
along the remainder of the property and screening the drive-thru windows from
view.
With these alterations and with the input and additional recommendations
of the Unionville Subcommittee, staff believe that the proposed site plan and
drive-through arrangements are the best that can be achieved under the current
Official Plan and Zoning By-law framework.
FINANCIAL
CONSIDERATIONS:
No financial implications were considered in this report.
BUSINESS UNITS
CONSULTED AND AFFECTED:
This application has been circulated to all relevant external agencies
and internal departments and the comments have been incorporated into this
report. All comments and requirements
will be reflected in the final plans and site plan agreement.
CONCLUSION
With the consent from Unionville Subcommittee, staff are
recommending the proposal to Development Services Committee for approval of the
application subject to the conditions outlined in this report.
|
David Clark
Town Architect
|
|
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\SITEPLAN\02119098
- Tim-Wen Combo\DSC June 17, 2003.doc
ATTACHMENTS:
Figure
1: Location Map
Figure
2: Context/Zoning Map
Figure
3: Aerial Map
Figure
4: Site Plan
Figure
5: Elevations
Figure
6: Elevations
APPLICANT: Contact: Everett Clarke
Rycor Development Inc.
50 McIntosh
Drive
Markham,
Ontario L3R 9T3
Telephone: 905-470-2288 x 34 Fax: 905-470-7778
AGENT: Contact: Mr. Mark Bodrug
TDL Group
874
Sinclair Road
Oakville, Ontario L6K 2Y1
Telephone: 905-339-6251 Fax:
905-845-2931
bodrug_mark@timhortons.com
Figure 1: Location
Map
