RECOMMENDATION:
That
the staff report dated April 22, 2003, entitled “Markville Landrover/Jaguar/Volvo
Automobile Dealership at 4072, 4086 and 4096 Highway #7 East (Application for
Site Plan Approval and Hold Removal submitted by 1421122 and 1424421 Ontario
Limited File Number SC 03.105543 and ZA 02.114375)” be received;
That the zoning application (ZA 02.114375) submitted by
1421122 Ontario Limited to remove the Hold (H) provision on the portion of the
lands known as 4096 Highway #7 East be approved;
That the
Holding (H) provision be removed upon the execution of a site plan agreement;
That the site plan application (SC 03.105543) to permit a single vehicle sales establishment
under one ownership, at 4072, 4086, and 4096 Highway #7 East, be approved
subject to the following conditions:
- That prior to final approval of the site plan, 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 prior to final approval of the site plan, the owner shall
provide to the Town of Markham, an acoustical report submitted by a
certified professional Acoustical Engineer, and that the consultant review
and confirm that the plans reflect the recommendations of the technical studies to be finalized to the satisfaction of the
Town;
- 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 including access requirements on Highway #7 East, to the satisfaction of the
Region of York Transportation and Works Department, prior to commencing
any work on the site or road allowance, including providing any associated
financial securities required by the Region;
- That the owner shall ensure satisfactory arrangements have been
made to satisfy all obligations, financial or otherwise required in the
site plan agreement, including provision for payment of all applicable
fees, recoveries, cash-in-lieu of parkland, Developer’s Group obligations,
local services contributions and development charges;
- The owner shall incorporate the required enhanced landscaping
elements at the rear of the property and an additional landscape strip
along the proposed alignment of Lichfield Road, in accordance with the
criteria of the Town of Markham Urban Design Section into the final
landscape plan, site plan and Site Plan Agreement;
- That the owner shall covenant and agree in the site plan
agreement, and on final plans, to provide for the urbanization and
landscaping of Highway #7 East to the satisfaction to the Commissioner of
Development Services. A Letter of
Credit will be required for any required works that cannot be completed at
this time pending final urban design studies, and environmental assessment
studies currently underway;
- That the owner shall covenant and agree in the site plan agreement
to provide a Letter of Credit and enter into a front-ending agreement with
the Town and other developers for the installation of the ultimate
stormwater management facility and stormwater outlet;
- That the owner shall covenant and agree in the site plan agreement
to provide a Letter of Credit and enter into a services-in-lieu agreement
for the extension of a sanitary sewer along Highway #7 East;
- That the owner shall covenant and agree in the site plan agreement
to provide for the conveyance to the Region of York of any future road
widenings of Highway #7 East, and an easement for the future installation
of municipal services;
- That the owner shall covenant and agree in the site plan agreement
not to park any display vehicles on the landscaped areas, or within the
viewing triangles to Highway #7 East;
- That the owner shall covenant and agree in the site plan agreement
to provide for a minimum of 20 customer parking spaces, located at the
front of the building, as indicated on the site plan, and to be identified
by appropriate signage;
- That the owner shall covenant and agree in the site plan agreement
to convey the lands required to accommodate the future extension of Lichfield
Road to the Town, free of costs and encumbrances;
- That the owner shall covenant and agree in the site plan agreement
to convey a 0.3 metre reserve along the future alignment of Lichfield Road
to the Town, free of costs and encumbrances;
- That the owner shall covenant and agree in the site plan agreement
to pay for all costs associated with the relocation of utilities within
the Highway 7 East right-of-way, as may be required;
- That the owner shall covenant and agree in the site plan agreement
to prohibit the use of audible and visual annoyances such as outdoor
paging systems, car alarms, inappropriate lighting levels and promotional
banners, flags, etc. and to ensure lighting is directed or otherwise
screened so as not to encroach upon adjacent properties;
- That the owner shall covenant and agree in the site plan agreement
not to obstruct and not to permit the obstruction of Highway #7 East for
the purposes of the loading or unloading of vehicles or otherwise, by
requiring all delivery trucks to load or off-load vehicles on-site only,
and not on public roads;
And further that the site plan approval will lapse after a
period of three years commencing April 22, 2003, in the event that a site plan
agreement is not executed within that period.
PURPOSE:
The
purpose of this report is to recommend site plan approval for the redevelopment
of the lands at 4072, 4086, and 4096 Highway #7 East for a single vehicle sales
establishment, selling 3 lines of cars (Landrover, Jaguar and Volvo) under the
parent business operation, 1421122 and 1424421 Ontario Limited.
EXECUTIVE SUMMARY:
The
owner has proposed an automobile sales establishment on the north side of
Highway #7 East, midway between Village Parkway and Sciberras Road (see Figure
1). Through the review of the
application, concerns have been identified regarding the planned function of
the future development along Highway #7 East, integrating the proposed
redevelopment with the future development of the abutting lands, servicing
arrangements, and compliance issues.
The
owner has addressed the concerns by integrating the three (3) lines of cars
into a single building, and improving the building face along Highway #7
East. The owner has obtained approval
for the variances by the Committee of Adjustment on April 2, 2003. These variances will assist in addressing
urban design requirements regarding the setbacks for the building, a reduction
in the required number of employee and customer parking spaces, and the addition
of another smaller structure on 4096 Highway #7 East. Staff recommends conditional approval for the site plan
application, subject to the submission of a final site plan.
BACKGROUND:
Subject lands description
and area context
The
owner has recently assembled three properties located on the north side of
Highway #7, east of Village Parkway and west of Sciberras Road. Located in Lot 11, Concession 5, the
property is municipally known as 4072, 4086, and 4096 Highway #7 East, and is
comprised of ±1.5 ha (3.7 acres). The lands to the west of the site include
the White Rose main office and retail outlet, and to the south is the Sheridan
Nursery outlet and retail office.
Immediately north and east of the site is an established residential
neighbourhood (Figure 2).
The
lands at 4072 and 4086 are currently being utilized as the temporary location
of Markville Mitsubishi, while the
third parcel (4096 Highway #7 East) contains a single-family residential
dwelling.
Chronology of events
Previously
known as Markville Lincoln Mercury Inc., a vehicle sales establishment was
constructed at 4072 Highway #7 East based on a long-standing Highway Commercial
zoning. An expansion to the east onto
4086 Highway #7 East was achieved through a temporary use by-law, followed by a
modification to the Official Plan and ultimately, permanent zoning. Official Plan and Zoning Amendment
applications were subsequently made to further expand the dealership onto 4096
Highway #7 East. Council approved the
application for a vehicle sales establishment use on 4096 Highway #7 East in
the fall of 1999, however the zoning for this parcel only permits an automobile
dealership as an extension of the dealership established on parcels 4072 and
4086. To ensure a comprehensive plan
would be provided for all three parcels, the land was zoned with a Hold (H)
provision subject to satisfactory municipal servicing to the site and entering
into a site plan agreement with the Town for a comprehensive redevelopment of
the all three parcels.
Markville
Ford Lincoln Mercury relocated to Main Street South Unionville and Unionville
Gate in the year 2000, leaving the lands along Highway #7 either vacant or
employed for occasional used car sales by Markville Ford. The lands were subsequently sold to Sylvester
Chuang in 2002, who intends to maintain the existing service bays, but also
redevelop the site as a single, expanded automobile dealership. Three lines of vehicles, Landrover, Jaguar
and Volvo would be sold from a single building, with the addition of a
satellite building for the sale of used vehicles as part of the main sales
operation. Markville Mitsubishi will
relocate once construction of the new automobile sales establishment begins.
Current proposal
is for an automobile sales establishment, selling 3 lines of cars
The owner has submitted a site plan application and is proposing the
construction of a new vehicle sales establishment building on 4072 and 4086
Highway #7 East with a satellite building for used vehicle sales and leasing on
4096 Highway #7 East. The plans
proposed by the owner include redevelopment of the existing dealership on 4072
by retaining the 655.63m² service bay, and expanding the dealership onto parcel
4086, resulting in a total gross floor area of ±5,370 m². The third parcel (4096) will be used for
vehicle storage and parking, with the exception of a small 58m² office for the
purpose of used car sales and leasing.
The proposed site plan provides for a portion of parcel 4096 to be used
for the possible future extension of Lichfield Road, as identified in the
Official Plan (as amended). Currently,
Lichfield Road is discontinuous between Ferrah Street and Sciberras Road. The dedication of the identified portion of
land will be required to provide for the possible future extension of Lichfield
Road, as required for the intended development pattern of low-rise, townhouse
development. No auto dealership access
will be permitted onto Lichfield Road or Ferrah Street (see Figure 4).
The proposal includes the servicing, display, storage and sale of
vehicles, and provides the opportunity for the redevelopment and aesthetic
improvement of the property. The
development is required to adhere to the guidelines of the Highway #7
Streetscape Study and ensure the vehicle storage is contained through generous
landscape buffers adjoining the residential areas to the north and east.
OPTIONS/DISCUSSION:
Official Plan and Secondary Plan designations provide for
the proposed use
The subject property is designated Commercial Corridor Area in the
Official Plan. This designation
provides for the proposed retail uses involving accessory outdoor storage
and/or display of merchandise, as well as automobile repair uses such as
servicing, and associated car washes, therefore an Official Plan amendment is
not required. However, it is noted that
the Official Plan designation prohibits autobody paint and repair operations.
The Secondary Plan for the property, OPA 69 (an amendment of Secondary
Plan PD 1-15 for the Unionville Planning District No. 1) designates the lands
as Highway Commercial Category 3 (C3) which permits the automobile
dealership.
The site plan application complies with Zoning By-law
122-72, as amended
The subject property is zoned Highway Commercial (C3) under By-law
122-72 as amended, which permits the proposed automobile sales establishment
and automobile service centre. The
third parcel (4096), while zoned Highway Commercial [H(C3)] under By-law
122-72, has a Hold (H) provision in place.
Conditions to remove the Hold (H) provision include full servicing with
municipal services, and the approval of a site plan application. As discussed below, the Engineering
Department has worked with the owner to develop an interim strategy to service
the site, as municipal services are not yet available across Highway #7
East.
Minor variances have been approved to accommodate the
proposed development
The owner
applied to the Committee of Adjustment for a number of minor variances to the
required side yard setbacks, reduction in the required parking, tandem vehicle
storage, as well as to permit the satellite building for used vehicle
sales. The Committee approved the
requested variances on April 2, 2003.
The appeal period ends April 22, 2003.
Based on the normal retail parking rate of 1 space per 25 m² of net
floor area, the proposed site plan for the automobile sales establishment
requires a total of 188 parking spaces.
The site plan indicates a total of 164 available on-site parking spaces,
of which, 13 are tandem parking spaces for vehicle storage. The Committee of Adjustment approved a
reduction in the required amount of parking to a total 160 parking spaces. For the automobile dealership use, it is
anticipated that this amount of parking will serve not only customer and
employee parking requirements, but likely also provide for some outdoor vehicle
storage on site. If the amount of
on-site parking is determined to be insufficient, the applicant has agreed to
relocate new vehicle storage off-site.
To ensure a minimum number of spaces remain available for customer
parking, it is recommended that the owner assign dedicated spaces on the site
for these purposes (through appropriate signage).
Sanitary services are not yet available along Highway #7
East
The lands on the north side of
Highway #7 East within the area of Official Plan Amendment No. 15 are serviced
by a municipal watermain and private septic systems. As a condition of the Hold (H) removal, the development must
connect to municipal sanitary sewers.
Currently, there is no capacity in the downstream sanitary sewers to
accommodate this expansion, and no services are available along Highway #7
East. In order to proceed with this
proposal, the owner has been working with the Engineering Department to develop
a temporary servicing solution. The
owner will be required to participate in a Developers Group Agreement and
commit to their share of the up-front cost of the sanitary sewer along Highway
#7 East as a permanent servicing solution.
The site is
currently serviced by private septic system which will be decommissioned in accordance
with the Building Department’s requirements and the sanitary servicing for the
site must be designed with an outfall for an ultimate sanitary servicing
alternative. In the interim, the
Engineering department will permit a sanitary holding tank to regulate sanitary
flows and discharge during off peak hours to the existing discharge route. Once available along Highway #7 East, the owner will be required to provide the site with municipal
sanitary servicing in accordance with the ultimate sanitary servicing scheme.
Temporary storm water management on the lands will require
re-grading the site
The
owner will be required to eliminate the interim storm connection, catchbasin,
and sump pump on-site. This will
require filling and raising the existing grades to redirect the drainage
towards the ultimate stormwater management facility proposed south of Highway
#7 East, discharging temporarily to a drainage swale and connecting to the
future storm pipe, when it becomes available.
The owner will be required to provide financial
contributions to the construction of a storm sewer and downstream pond for
stormwater management. In the interim,
the owner is required to provide a stormwater management report to demonstrate
that the design of the proposed temporary on-site detention conforms to the
Town of Markham requirements.
Finalization of the area specific development charges is
pending
There is no area specific development charge by-law in effect at this
time. Unless the owner participates in
upfronting the costs of providing municipal services across Highway 7 East in
an executed Developers Group Agreement with adjacent landowners, the owner will
be required to pay financial contributions to the Town for the future servicing
of this site. The Town has calculated
the preliminary financial contributions required by the owner to be
approximately $280,000, to provide municipal infrastructure (storm and sanitary
sewers, road improvements, sidewalk, etc.) to only service their site. This financial contribution will be required
to be paid by the owner, will be secured through the site plan agreement and
will not be eligible for credits towards development charges.
A noise impact study is required
The long-term vision for Highway #7 East
Town
staff provided Council with a report that was endorsed on June 8, 1999, where
the high quality “Town Centre” vision for Highway #7 East included direction to
guide automobile dealerships to locations that have been recognized as
having existing land use status. The development
proposal, while not in keeping with the long-term vision for Markham Centre and
the Highway 7 Corridor Study, does have status as an expansion to the existing
building, and will result in overall site and built form improvements to the
property. The lands are zoned
appropriately, and the land use is permitted under the Official Plan and
Secondary Plan. The dealership
maintains the lands in a single contained ownership. The site configuration and dimensions will permit high density,
higher order redevelopment in the future.
The development of the lands will be required to comply with the Highway
#7 Streetscape Study, and provide a high degree of urban design and landscape
elements to screen the vehicle storage and to address the interface with the existing
neighbourhood.
The owner will also be required to obtain all approvals regarding any
road improvements, traffic studies or grading and boulevard requirements, from
the Region of York, as the site abuts Highway #7 East.
Site plan and elevations are acceptable
The vision for Highway #7 East is to create an urban boulevard with a
street edge that will support a mix of commercial, residential, and
institutional uses.
Through the process of refining the concept for the
dealership, given the property’s location is on a major arterial road, staff
has requested a higher level of design, which complies with the intent of the
Highway #7 Streetscape Study and the Strategy for the Highway #7 Corridor
currently being undertaken by the Town.
Staff has worked in cooperation with the owner to achieve significant
improvements to the site design including the following:
§
The
development of the dealership will accommodate the urbanization of Highway #7
East and provide the required Letter of Credit;
§
The
design includes a pedestrian access from Highway #7 East and provides a canopy
at the entrance of the dealership;
§
The
dealership is 8.9 metres (29 feet) in height with the building entrances and
showroom facing the street frontage;
§
The
curtain wall glazing treatment across the front of the building provides an
independent architectural appearance; and
§
A
colonnade ties the main building across to the east parcel (4096), providing
architectural continuity, and a visual impression that the dealership is
operating as a single, cohesive unit.
§
The
proposed development respects the existing rear yard setback requested by area
residents for the original Markville Ford Lincoln Mercury Dealership.
Urban Design staff recognize the challenges in providing a
site plan that responds to several of the site constraints, while maintaining
the existing service bays on 4072 Highway #7 East, the grade differential, and
the storm and municipal servicing requirements. Staff is generally satisfied with the site plan and elevations
for the proposed automobile dealership and service centre, and recommend
approval. Staff will present the by-law
to lift the Hold (H) provision at 4096 Highway #7 East upon satisfying the
conditions of the Hold (H) removal, including the execution of a site plan
agreement.
FINANCIAL
CONSIDERATIONS:
BUSINESS UNITS
CONSULTED AND AFFECTED:
This application was circulated to internal departments and external
commenting agencies. All comments
and/or requirements have been reflected in the site plan and elevations or will
be incorporated in the final site plan and in the site plan agreement.
|
David Clark
Town Architect
|
|
Alan Brown, C.E.T.
Director of Engineering
|
|
|
|
|
|
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\03
105543 Markville Landrover, Jaguar & Volvo\DSC04-22-2003.doc
ATTACHMENTS:
Figure
1: Location Map
Figure 2: Context/Zoning
Map
Figure 3: Aerial
Photograph
Figure 4: Proposed Site
Plan
Figure
5: Proposed Elevations
APPLICANT: Contact: David Barnett
1421122 and 1421121 Ontario Limited
212 Steeles Avenue West
Thornhill,
Ontario L5L4J 1A1
Telephone:
905-886-8800 Fax: 905-886-8212
AGENT: Contact: David Matthews
Matthews Planning & Management Ltd.
1523 Hurontario Street
Mississauga,
Ontario L5G 3H7
Telephone: 905-274-1047 Fax: 905-274-1337
Figure
1: Location Map
