RECOMMENDATION:

That the report dated February 4, 2003, entitled, “Woodside II and III Developments Inc. site plan application to permit an LCBO retail outlet and Hold removal at 3075 and part of 3083 Highway #7 East Lot 10, Concession 4 (SC. 02.114373 and ZA. 02.114375)” be received;

That the zoning application (ZA 02.114375) submitted by Woodside II and III Developments Inc. to remove the Hold provision on the lands to permit an LCBO retail outlet at 3075 and part of 3083 Highway #7 East, be approved;

That the site plan application (SC.02.1143737) to permit an LCBO retail outlet at 3075 and part of 3083 Highway #7 East, 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 including;

a. the Holding (H) provision be removed at 3075 and part of 3083 Highway #7 East upon satisfying the conditions of the Hold removal, including the execution of a site plan agreement incorporating the conditions of site plan approval;

b. provide securities to cover the costs for completing the balance of the channelization, grading and restoration works for the Beaver Creek in accordance with the permit issued by the Toronto and Region Conservation Authority;

c. provide a clearance letter from the Toronto and Region Conservation Authority confirming the balance of the channelization, grading and restoration works for the Beaver Creek have been completed in accordance with the approved design;

d. access and circulation improvements, to the satisfaction of the Town, including associated financial securities;

e. access requirements and signalization on Highway #7 East to the satisfaction of the Region of York, including associated financial securities;

f. obtain the necessary approvals and/or arrangements from the landowners of the adjacent land parcels for access easements to integrate accesses and internal traffic circulation to the satisfaction of the Town;

g. provide confirmation that all financial obligations have been fulfilled in relation to cost sharing and recoveries owing to adjacent landowners, the Town, and the Region, for the traffic improvements in the area, prior to the execution of the site plan agreement.

That the site plan agreement contain provisions for payment by the Owner of all applicable fees, recoveries, cash-in-lieu of parkland, and development charges.

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 ensure satisfactory arrangements have been made to satisfy all easement obligations related to vehicular site circulation and shared access across the site and adjacent developments;

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 prior to the execution of the site plan agreement, 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 prior to the execution of the site plan agreement, the owner submit to the Town a clearance letter from the Toronto and Region Conservation Authority indicating that the Owner has been issued a permit pursuant to Ontario Regulation 158 for any works within the floodplain portion of the subject lands;

And further that the site plan approval will lapse after a period of three years commencing February 4, 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, subject to conditions, for a new LCBO retail outlet located at 3075 Highway #7 East and associated parking on part of 3083 Highway #7 East. The report also recommends removal of an Hold (H) zoning provision, subject to conditions.

BACKGROUND:

Site description and area context

The subject lands consist of approximately 0.8 ha (1.98 acres), municipally known as 3075 and part of 3083 Highway #7 East. The site is located on the south side of Highway #7 East, east of Woodbine Avenue, and west of Fairburn Drive (Figure 1). Land uses to the north of the site include the future Michael Angelo’s commercial development (which will contain a variety of office, retail and supermarket uses) and a Burger King fast food restaurant. North of these uses is a residential neighbourhood. Immediately adjacent land uses to the west include a Petro Canada gas station and the Beaver Creek corridor. To the southwest is East Side Chevrolet-Oldsmobile automobile dealership, and directly to the east are the newly expanded Longos Fruit Market and Woodside Centre, containing the Home Depot and a variety of large format retail stores.

Although the lands are vacant, they are linked to the adjacent uses through various site plan conditions related to mutual access easements.

Chronology of events of the previous proposal

On August 29, 2000, Development Services Committee considered a report related to applications by Woodside Developments II and III for a zoning amendment to permit commercial development at 3075 and 3083 Highway #7 East. The proposal at the time was for a single storey, sporting goods retail outlet. The report contained recommendations, including a conditional Holding (H) provision to be removed once the traffic circulation measures were identified to mitigate potential traffic congestion, and the execution of a site plan agreement. Committee deferred the report to the September 5, 2000 Development Services Meeting, to allow staff to further discuss the conditions and provide clarification of the traffic implications on Lunar Crescent. On September 5, 2000, the report was deferred to the following Council meeting, where site plan approval was granted and the amending by-law, to permit commercial development, was enacted.

On October 17, 2000, a report was brought forward to Development Services Committee to amend the conditions pertaining to traffic and circulation issues for the removal of the Hold (H) to permit the commercial development. These zoning amendments were approved by Council, and were to be incorporated into the conditions for site plan approval.

Since the enactment of the zoning by-law to permit commercial development, the previous potential tenant (sporting goods) reconsidered their location plans and the site has remained vacant.

CURRENT PROPOSAL:

A new LCBO retail outlet is proposed

The applicant is proposing to construct a single-storey, freestanding commercial building to accommodate an LCBO retail outlet with a gross floor area of 1,254.15 m² (13,500 ft²) at 3075 Highway #7 East, with a portion of the parking on 3083 Highway #7 East. The applicant has indicated that building on the southern portion of the parcel, municipally known as 3083 Highway #7 East, will occur once an interested tenant has been secured.

OPTIONS/DISCUSSION:

The proposal complies with the Official Plan

The Official Plan (revised 1987) as amended, designates the lands as Commercial – Retail Warehouse. This designation permits medium to large format retail stores, including retail uses with individual premises generally no less than 300 m² gross floor area, therefore an amendment to the Official Plan is not required.

The Official Plan does stipulate development requirements that contribute to a unified and cohesive streetscape, complemented by attractive landscaping, and not permitting large surface parking areas to dominate the streetscape. These issues have been addressed within this report.

The proposal complies with the zoning by-law

The subject property is zoned as Hold Commercial-Retail Warehouse [(H)RW] under By-law 165-80, as amended, which permits a variety of retail and service uses. The proposed LCBO retail outlet complies with the requirements of By-law 165-80, therefore an amendment is not required.

The applicant has applied for a Hold removal on the portion of the lands to be developed

By-law 165-80, as amended by By-law 178-2000, appended a Hold (H) provision to the Commercial Retail-Warehouse zoning of 3075 and 3083 Highway #7 East. Removal of the Hold provision is subject to the following conditions:

1. That the owner provide a clearance letter from the Toronto and Region Conservation Authority indicating that the owner has been issued a permit pursuant to Ontario Regulation 158 for any works within the floodplain portion of the subject lands; and,

2. That the owner obtain site plan approval for the subject lands and enter into a site plan Agreement to include the following:

a. provide securities to cover the costs for completing the balance of the channelization, grading and restoration works for the Beaver Creek in accordance with the permit issued by the Toronto and Region Conservation Authority;

b. provide a clearance letter from the Toronto and Region Conservation Authority confirming the balance of the channelization, grading and restoration works for the Beaver Creek have been completed in accordance with the approved design;

c. access and circulation improvements, to the satisfaction of the Town, including associated financial securities;

d. access requirements and signalization on Highway #7 East to the satisfaction of the Region of York, including associated financial securities;

e. obtaining the necessary approvals and/or arrangements from the landowners of the adjacent land parcels for access easements to integrate accesses and internal traffic circulation to the satisfaction of the Town,

Staff recommends that the Hold (H) provision at 3075 Highway #7 East and part of 3083 Highway #7 East (required for shared parking facilities) as illustrated on Figure 2, be considered for removal once the applicant has executed the site plan agreement including the above conditions and the applicant provides a clearance letter from the TRCA.

Municipal Services

The owner has obtained a servicing easement from the adjacent landowner (Longos) and is required to pay recovery costs for the existing sanitary sewer prior to extending them to service the subject property. The watermain connection shall be made to a public watermain as per Town Standard. Confirmation is required that the existing sewer inverts and sizes are adequate to service this development. The costs to extend the watermain and sanitary sewer to the lands are the responsibility of the owner and are not eligible for credits towards Development Charges.

There is no existing storm sewer available across the frontage of this property, but Beaver Creek is located adjacent to this development and is available for a storm outfall subject to TRCA approval. Approval of this application will be subject to the owner making arrangements to secure approval and permits for a stormwater outfall for this development.

Mutual access easements are required over adjacent properties

As part of a required mutual access easement arrangement for land parcels, the landowners of Longos, East Side Chev-Olds, and Woodside Developments have entered into site plan agreements with the Town of Markham, committing to granting access easements over each property for the mutual benefit of all landowners in the area. These mutual easements have been stipulated in a clause within each respective site plan agreement. Woodside Developments has negotiated with the landowners of Longos and East Side Chev-Olds to reach a mutually satisfactory access arrangement. Written confirmation by the adjacent landowners was provided to staff regarding the satisfaction of a mutual access easement. This negotiated arrangement is illustrated in the final site plan.

Parking exceeds Parking By-law 28-97 requirements

Based on the required retail parking rate of 1 space per 30 m² of net floor area, the proposed site plan for the LCBO building requires a total of 42 parking spaces. The site plan indicates a total of 109 available on-site parking spaces on 3075 and 3083 Highway #7 East to accommodate the retail outlet resulting in a current surplus of 67 spaces; therefore no amendment to the parking by-law is required. Once the future development for the building at 3083 Highway #7 East applies for site plan approval, the parking requirements will be reviewed as a shared parking lot.

The development requires approval from external agencies

The owner has obtained the required approval and permits from the TRCA pertaining to the portion of the development proposed to be located within the revised floodplain of Beaver Creek.

The applicant has received approval from the Region of York with regard to vehicular access to the subject lands from Highway #7 East, traffic impacts, road widening / improvements, grading and drainage. The original location of the proposed right-in, right-out access from Highway #7 East, was reviewed by the Region, and it was requested that the entrance be relocated further west. The applicant has complied and relocated the entrance to the satisfaction of the Region. This location also satisfies adjacent landowners in the context of the overall integrated access arrangements along this portion of Highway #7 East.

Channelization works securities

A section of the Beaver Creek channelization works adjacent to the subject lands has not been completed. As a condition of site plan approval, the applicant will be required to complete the channelization, grading, landscaping and restoration works for Beaver Creek to the satisfaction of the Director of Engineering and the TRCA. Financial securities will be required as part of the execution of the site plan agreement.

The applicant will also be required to dedicate the valley lands east of the approved development to the Town for open space purposes.

Highly visible location required significant design improvements

Through the process of refining the concept for the retail outlet, given the property’s location is on a major arterial road, the Town of Markham 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 applicant to achieve significant improvements to the originally proposed site design including the following:

q improved sidewalk connections along the Highway #7 East and sidewalk connection to Longos, and an improved frontage to promote a pedestrian-friendly environment;

q improved architectural detailing and additional window treatments along the north façade fronting onto Highway #7, and the east façade of the building

q revised internal traffic circulation to improve the shared vehicular access arrangements between landowners;

q improved spatial and architectural interfaces with existing adjacent buildings

q a high degree of urbanized landscape detailing along the Highway #7 East Boulevard to maintain a visually harmonious streetscape frontage.

Urban Design staff recognize the challenge in providing a site plan that responds to several of the site constraints, including the floodplain and the irregular site configuration. Staff is satisfied with the site plan elevations proposed for the LCBO retail outlet and recommend approval. As noted earlier, staff will present the by-law to lift the Hold provision at 3075 and part of 3083 Highway #7 East upon satisfying the conditions of the Hold removal, including the execution of a site plan agreement incorporating the conditions of site plan approval.

FINANCIAL CONSIDERATIONS:

The owner will be required to participate in the cost sharing of the infrastructure requirements and Highway #7 East road and traffic improvements undertaken in the area. The owner will be required to provide confirmation that all financial obligations have been fulfilled in relation to cost sharing and recoveries owing to adjacent landowners, the Town, and the Region, for the traffic improvements in the area, prior to the execution of the site plan agreement. The owner will also be required to pay the applicable Development Charges prior to the execution of the site plan agreement.

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 site plan Agreement.

Valerie Shuttleworth, M.C.I.P., R.P.P.

Director of Planning and Urban Design

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services

DOCUMENT:

Q:\Development\Planning\APPL\SITEPLAN\02 114373 LCBO\DSC0203dc.doc

ATTACHMENTS:

Figure 1: Location Map

Figure 2: Context/Zoning Map

Figure 3: Aerial Map

Figure 4: Site plan

Figure 5: Elevations

APPLICANT: Contact: Ms. Cynthia Green

Woodside Development Ltd.

259 Yorkland Road

Toronto, Ontario M2J 5B2

Telephone: 416-493-9112 Fax: 416-493-2744

AGENT: Contact: Mr. Tony Volpentesta, Associate

Bousfield, Dale-Harris Cutler & Smith Inc.

3 Church Street, Unit 200

Toronto Ontario M5E 1M2

Telephone: 416-947-9744 Fax: 416-947-0781

		DEVELOPMENT SERVICES COMMITTEE


	TO:	Mayor and Members of Council

	FROM:	Jim Baird, Commissioner of Development Services Valerie Shuttleworth, Director of Planning and Urban Design

	PREPARED BY:	Markham Centre District Team Doris Cheng, extension 7922

	DATE OF MEETING:	2003-Feb-04

	SUBJECT:	Woodside II and III Developments Inc. Site Plan Application to permit an LCBO retail outlet and Hold removal at 3075 and part of 3083 Highway #7 East Lot 10, Concession 4 SC. 02.114373 and ZA. 02.114375