Report to: Development Service Committee Date of Meeting: June 20, 2006
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SUBJECT: Recommendation
Report
Cedardale Castlemore Inc.
9809
Highway 48 (east side, north of 16th
Avenue)
Applications for
Zoning By-law Amendment, Deeming By-law and Site Plan Approval to permit a single
tenant retail building for The Brick
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ZA 05 006325, ZA 06 106209 &
SC 05 027464
PREPARED BY: Geoff
Day, Planner - West Development Team
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RECOMMENDATION:
That the report
dated June 20, 2006,
entitled “Applications
by Cedardale Castlemore Inc.
9809 Highway 48 (east
side, north of 16th Avenue) Applications for
Zoning By-law Amendment, Deeming By-law and Site Plan Approval to permit a single
tenant retail building for The Brick” be received;
That the Zoning application (ZA 05 006325) be
approved and the implementing By-law attached as Appendix ‘B’, be enacted;
That the Deeming By-law
application (ZA 06
106209) be approved and the Deeming By-law attached as Appendix ‘C’, be enacted;
AND THAT the Site Plan
application (SC 05
027464) submitted by Cedardale Castlemore Inc., to permit a 4,413 m2 (47,500 ft2)
retail
development, be endorsed in principle, subject to the conditions
attached as Appendix ‘A’;
AND THAT site
plan approval be delegated to the Director of Planning
and Urban Design, or her designate, to be
issued following execution of a site plan agreement. Site plan approval is issued only when the
Director has signed the site plan.
EXECUTIVE SUMMARY:
Not applicable
FINANCIAL CONSIDERATIONS:
Not applicable
Proposed development will contribute to the
implementation of Council’s vision for Highway 48
In October
2005, Council endorsed the recommendations of the Highway 48 Urban Design Study. This study outlines a vision for the section
of Highway 48 from 16th Avenue to Major
Mackenzie Drive as a pedestrian-friendly main street
lined with street oriented commercial and mixed-use (commercial-residential)
developments.
The proposed
building, which is sited close to both Highway 48 and Anderson Avenue (future Castlemore
Avenue), is orientated to the streets, rather than to the parking area, is
consistent with the recommendations of the study, and is the first step in the
implementation of the planned vision for this street.
Site plan and elevations are acceptable
Principles
established in the recently adopted “Highway 48 Urban Design Study” were
used in staff’s review of the proposed development. The site plan (Figure 4)
has undergone significant modifications to comply with Town requirements. The
building is sited close to Highway 48 and Anderson
Avenue, with the parking area to the rear
and is screened by the building and landscaping. The building includes
extensive glazing along both the Highway 48 and the Anderson
Avenue facades, and a taller feature with
two storey massing focused on the intersection. The main pedestrian entrance to
the building is integrated into this feature. The design of the proposed
development will contribute to the achievement of the approved design
objectives for this section of Highway 48.
Existing
trees required to be removed will be replaced
There are a number of existing trees
on the subject lands. Due to the
sporadic nature of the trees and the requirement to re-grade much of the site, it
is not practical to retain the majority of them. Staff are working
with the applicant to ensure that, wherever possible, existing trees are relocated and replanted.
Additional trees will be also provided throughout the site in compensation for
the trees to be removed.
The proposed site plan includes a landscape strip along the
Hwy 48 and the Anderson (future Castlemore) street frontages, incorporating
numerous trees and shrubs. Wide
landscape islands with trees, and shrubs are provided
at the end of each parking aisle within the site to break up the parking area.
An additional row of trees are also proposed along the northern and
eastern boundaries of the site.
TRCA – overland flow and area flooding
Mount Joy Creek is piped
underneath the adjoining properties to the north and east of the subject lands
and under a portion of Anderson Avenue. The existing pipes were installed many years
ago and are not large enough to completely convey the flows that would currently
occur during a Regional Storm Event.
This inadequate piped capacity has generated a potential flood risk
during regional storm conditions extending into portions of several properties
in the vicinity, including two existing buildings. The Owner’s engineer, in consultation with
the other effected landowners, has developed a solution, acceptable to both
Town and TRCA staff, to convey the excess flows within an overland flow route.
This requires the regrading of portions of the
adjoining properties to the north and east, which will require the removal of a
small number of trees on the G.E. lands to the east. The applicant has
committed to relocate these trees onto the adjacent landscaped area within the
subject property, if possible.
Meetings with
the TRCA and the Owner further identified the need for a 6.0m easement in
favour of the Town along the easterly limit of the lands on the south side of Anderson
Avenue.
These lands are currently owned by the same applicant. This easement is required to provide a means
to direct the overland flow from the areas north of Anderson
Avenue to the existing channel to the south.
The TRCA is
requiring the Owner to implement those components of the remedial works which
are required to remove the floodplain from the subject property before issuing
the required building permit for the proposed building. The applicant has the support of the effected
landowners to do the required works on their lands. The effected Owners will also be required to
convey maintenance easements over the overland flow corridor to the Town.
Technical studies to be completed
Required technical studies addressing stormwater management,
traffic impact study and internal functional traffic study have been
submitted and are currently being reviewed by the Town. Any required revisions
to the plan to implement the studies will be incorporated into the final
drawings.
Anderson
Avenue (Castlemore
Avenue) road improvements required
Anderson Avenue (future Castlemore
Avenue) is required to be widened to
accommodate a designated left turn lane from Highway 48 to the property
driveway for access to the subject property.
This requires an approximate 3 metre road widening off the south side of
Anderson Avenue. The applicant owns the lands on the south
side of Anderson Avenue, and has
agreed to convey the required lands through a reference plan as a condition of this
site plan approval.
Driveway onto
Highway 48 to be deferred
The section
of Highway 48 between 16th Avenue and Major
MacKenzie Drive is presently under the jurisdiction
of the Ministry of Transportation (MTO).
On March 27, 2006 the Town and
the Ministry of Transportation reached an agreement to transfer jurisdiction of
this section of Highway 48 to the Town. Until jurisdiction has been formally transferred to the Town,
access to Highway 48 remains under jurisdiction of the Ministry of
Transportation, which will not allow a driveway in the location shown on the
proposed site plan. Therefore,
this driveway will be deferred until jurisdiction has transferred tot eh Town. Approval of an access will be subject to an
acceptable Traffic Impact and Operations Study as required by the Town and the
outcome of the Highway 48 Environmental Assessment Study.
Deeming
By-law required
The subject property comprises two separate lots on a plan
of subdivision. The Building Code requires these lots to be merged in title
before a Building Permit can be issued for a building straddling the
boundary. A deeming by-law, enacted under
Section 50 of the Planning Act will
allow title to two lots to merge.