Report to: Development Services Committee Date of Meeting: May 16, 2006
SUBJECT: RECOMMENDATION
REPORT
Greenbelt
Volkswagen Ltd.
Applications
for Official Plan and Zoning By-law amendments and Site Plan Approval to permit
the expansion of the Greenbelt Volkswagen Dealership at 7997 Kennedy Road and
31 Helen Avenue
File Nos.: OP, 03 108961,
ZA 03 108969 and SC 03 108973
PREPARED BY: Anna
Henriques, Planner, ext. 7922
Central District
RECOMMENDATION:
That the report dated May 16,
2006, entitled
“RECOMMENDATION REPORT, Greenbelt Volkswagen Ltd. Applications for Official Plan and Zoning
By-law amendments and Site Plan Approval to permit the expansion of the
Greenbelt Volkswagen Dealership at 7997 Kennedy Road and 31 Helen Avenue” be received;
AND THAT the Official Plan and Zoning
applications (OP 03 108961, ZA 03 108969) submitted by Greenbelt Volkswagen to
permit the expansion of the Greenbelt Volkswagen Dealership be approved and
that the site plan application (SC 03 108973), be endorsed in principle,
subject to the conditions attached as Appendix ‘A’;
AND THAT the amending zoning by-law limit
the site to one dealership only;
AND THAT Council endorse the proposed
revision to the conceptual road pattern for South Unionville which contemplates Caboto Trail
terminating in a cul-de-sac;
AND THAT the CAO be authorized to finalize
the Helen Avenue reconstruction claim by the Greenbelt Volkswagen Dealership
and that the final settlement be financed from the Engineering Department’s
Capital Account No. 083-5350-6116-005;
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:
The subject lands
comprise two parcels, 7997 Kennedy Road and 31 Helen Avenue, located at the
south east corner of Kennedy Road and Helen Avenue in the South
Unionville Planning District. Combined,
both parcels have an area of approximately 1.72 hectares (4.25 acres).
The Greenbelt Volkswagen Dealership is
located at 7997 Kennedy Road.
The parcel immediately east of the Volkswagen Dealership, 31 Helen Avenue, has been acquired by Greenbelt Volkswagen
Ltd. to accommodate a proposed expansion to the dealership. The proposed expansion provides for a 1060m2
(11,406 ft2) addition to the existing 1386.4 m2 (14,924 ft2)dealership building (Phase
1) and the construction of a 1582m2 (17,027ft2) new
building intended for the sale and service of prestige Volkswagen models (Phase
2). A heritage building located at 31 Helen Avenue will remain at it’s original location and
will be restored and integrated into the site as a sales/leasing office for the
dealership. The drainage ditch which
traverses the site will be relocated to the easterly perimeter of the site and
incorporated into a 10 metre landscape strip to accommodate the proposal and to
act as a buffer for the established residential area to the east.
An Official Plan amendment is required to
re-designate the lands at 31 Helen Avenue from ‘Urban Residential’ to ‘Commercial’
and a Secondary Plan Amendment is required to designate the lands at 31 Helen Avenue from ‘Low Density Residential’ to
‘Community Amenity Area’. The Official
Plan Amendment would also include a site specific permission to permit retail
uses with accessory outdoor display and/or storage of merchandise for the dealership
operation.
A zoning by-law amendment is required to
re-zone a portion of the lands at 7997 Kennedy Road, and 31 Helen Avenue, from Rural Residential One (RR1) pursuant
to By-laws 122-72, as amended, and 304-87, as amended, to Highway Commercial (C3)
pursuant to by-law 122-72, as amended.
Issues with the proposal relating to the
proposed re-location of the Caboto Trail extension, the relocation of the
drainage ditch, and operational issues relating to the dealership use such as
noise, lighting, outdoor storage and display, and the loading and un-loading of
vehicles have been addressed in this report and through conditions of site plan
approval.
FINANCIAL CONSIDERATIONS:
Not applicable.
Official Plan and Secondary plan Amendments required
Generally, two-thirds of the
subject lands, at the west end of the site (7997
Kennedy Road), are designated ‘Commercial’ in the
Official Plan and ‘Community Amenity Area’ in the Secondary Plan (OPA 22). The remainder of the lands, at the east end (31
Helen Avenue), are designated ‘Urban Residential’
in the Official Plan and ‘Low Density Housing’ in the Secondary Plan.
The requested amendments would
re-designate the ‘Urban Residential’ lands to ‘Commercial’ in the Official Plan
and the ‘Low Density Housing’ lands to ‘Community Amenity Area’ in the
Secondary Plan. The OPA would include a
site specific permission to permit retail uses with accessory outdoor display
and/or storage of merchandise, accessory to the dealership use. See attached draft Official Plan Amendment
and Secondary Plan Amendment, Appendix ‘B’.
Zoning by-law amendment required
The westerly parcel, municipally
known as 7997 Kennedy Road,
is zoned ‘Highway Commercial’ (C3) and ‘Rural Residential One’ (RR1) pursuant
to By-law 122-72, as amended (Figure 2).
The Highway Commercial zone category permits the existing automobile
sales establishment. A site specific
zoning exemption, on the lands zoned RR1, permits the parking of vehicles as
accessory to the permitted automobile sales establishment. The remainder of the lands, municipally known
as 31 Helen Avenue, is
zoned ‘Rural Residential One’ (RR1) pursuant to By-law 304-87, as amended.
In order to accommodate the
Automobile Dealership expansion, a zoning by-law amendment is required to
re-zone the lands from Rural Residential One (RR1) under by-law 122-72, as
amended, and 304-87, as amended, to Highway Commercial (C3) under by-law
122-72, as amended. The lands
municipally known as 31 Helen Avenue
will be deleted from by-law 304-87, as amended, and incorporated into by-law
122-72, as amended. See attached draft
amending by-law, Appendix ‘C’.
Consistent with discussions with
the applicant, the zoning by-law amendment will limit the site to one
dealership, under one ownership only (single, integrated dealership use) to
address staff concerns regarding a possible future severance of the lands and
the subsequent introduction of another dealership within South
Unionville.
Area residents’ concerns addressed
Town staff and the applicant have
met with area residents to address concerns as expressed at the Public Meeting in
February, 2006. At the meeting, issues
relating to the loading and un-loading of vehicles, the relocation of the
drainage ditch and Caboto Trail, noise, lighting and elevations were
discussed. The residents were advised by
the Owner that vehicle delivery would occur on site only. Staff also explained to the residents that
the entrance driveway to the dealership was specifically designed to
accommodate vehicle delivery trucks and that provisions in the site plan
agreement would prohibit the Owner from loading and un-loading of vehicles on Helen
Avenue.
With respect to the drainage ditch
relocation, staff advised the residents that the ditch relocation would be
integrated into the overall landscape plan along the east property line,
providing a greater buffer between the residential area and the dealership. With respect to drainage matters relating to
the ditch relocation, engineering staff advised the residents that they are
generally satisfied that the ditch relocation will not negatively impact
adjacent properties and that a hydraulic analysis has been requested to confirm
such. Submission of the hydraulic
analysis will be required for review and approval prior to site plan endorsement.
A concept plan for the proposed
relocation of Caboto Trail was presented to residents, which contemplates
Caboto Trail ending in the approximate area where the original concept proposed
Caboto Trial to swing north to Helen Avenue.
This alternative concept for the proposed Caboto Trail extension maximizes the
area available for future redevelopment of the Mueller property and allows for
the Greenbelt Volkswagen dealership expansion without compromising traffic
circulation in the area. Transportation
staff have advised that Caboto Trail is not required to connect to Helen
Avenue from a traffic perspective. In addition, servicing the westerly extension
of Caboto Trail can occur from the existing connection to Helen
Avenue via Greenberg Gate.
With respect to lighting, the
residents were advised that lighting on the site will be of the directional
type and will be muted and/or screened so as to ensure no spillage onto
adjacent properties. Concerns relating
to noise will be addressed with the submission of a noise study by the
applicant for review and approval by the Town.
Recommendations of the study will be incorporated into the site plan, if
required, prior to site plan endorsement.
With respect to concerns regarding the east elevations, facing the existing
residential area, the 10m landscape strip along the east property line combined
with the heritage building and setbacks will provide a significant buffer,
screening the view to the dealership site.
The residents appeared generally
satisfied with what was presented to them at the meeting and stated that they
did not object to the proposed expansion.
Relocation of drainage ditch acceptable
TRCA staff conducted a site visit
in order to evaluate the possibility of realigning the water feature that
traverses the subject lands to the easterly perimeter of the property. At the site visit, TRCA staff determined that
the feature was not a watercourse but a drainage ditch that drains flows from a
stormwater management pond constructed to catch stormwater runoff from Highway
407. As a result, the TRCA has indicated
that they have no concerns with the realignment of the drainage ditch and are
satisfied that the proposed realignment and related works will result in an
enhanced management of overland flows from the dealership. The TRCA has confirmed, in writing, that they
have no objections to the approval of the applications submitted by Greenbelt
Volkswagen.
Town staff have evaluated the
proposed realignment of the drainage ditch relative to the Town’s proposed
criteria for the small streams classification system. Staff have concluded that the realignment of
the ditch is viable without compromising the overall function of the ditch and
the ditch will be incorporated into the 10m landscape strip along the easterly
property line, providing a buffer between the proposed commercial use and the
established residential uses to the east. Town engineering staff are generally
satisfied with the proposed relocation of the ditch, however, a hydraulic
analysis addressing flow and drainage matters is required for review prior to
site plan endorsement.
Relocation of Caboto Trail
The proposed development will
change the conceptual road pattern in the South Unionville Community. Caboto Trail, which runs east-west along the
southerly boundary of the South Unionville Planning District, was intended to
swing up (north) through the easterly parcel (31 Helen avenue) of the subject
lands and intersect with Helen Avenue.
The proposed development does not
contemplate this road alignment; rather the applicant has suggested that Caboto
Trail swing north, to intersect with Helen Avenue, immediately east of the
subject lands, forming a definitive boundary between the proposed expanded
dealership site and the residential uses to the east. Concerns with his alternative road alignment
have been raised by local residents, particularly the property owners at 43
Helen Avenue, immediately east of the subject
lands, Mr. and Mrs. Mueller. Town staff
have met with the applicant and the Muellers and a concept plan was reviewed
demonstrating a continuation of the existing residential pattern of development
with Caboto Trail terminating in a cul-de-sac.
As mentioned earlier, transportation/engineering staff have
determined that the proposed extension of Caboto Trail is not required to
extend to Helen Avenue, as
shown in the original concept. The termination
of Caboto Trail in a cul-de-sac will not negatively impact traffic movement in
the area and will maximize potential future re-development of the Mueller
property while allowing for the Volkswagen dealership expansion.
Building Elevations
The proposed elevations for the
new dealership building and the addition will consist of a stucco finish along
the base of the buildings followed by glazing and an aluminum panel
fascia. A strong visual connection has
been provided between the two buildings on the west and elevations with a steel
pergola structure that peaks in the middle (Figure 5). The west elevation is visible from Kennedy
Road and the façade treatment for this elevation
helps create the illusion of one continuous building along Kennedy
Road. The proposed elevations will contribute to
an overall aesthetic improvement to the entire development which is highly
visible from Kennedy Road. Staff are satisfied with the proposed
elevations.
Area specific development charges
The applicant has expressed
concern that the re-zoning and site plan approval of additional development on their
1.09 hectare (2.7 acre) existing dealership site at 7997
Kennedy Road may trigger an area specific
development charge (ASDC). The applicant
has also expressed concern with all the land area for 31
Helen Avenue (0.63ha/1.6 acres) being included in
the Helen Avenue ASDC assessment. The
applicant is in discussion with Finance staff on these matters in the context
of the on-going review of the ASDC by-laws to be reported on in the fall.
South Unionville Developer Group obligations
The South Unionville Secondary
Plan requires the area developers to enter into a cost sharing agreement for
community services. Accordingly, staff have included a condition of site plan
approval (Appendix ‘A’, #9) requiring the applicant to submit a letter from the Trustee of the
South Unionville Land Owner’s Group confirming that all developer group
obligations have been satisfied, prior to execution of the site plan agreement. The Trustee for the South Unionville
Developer Group (Michael Durisin, Bratty and Partners) submitted a letter dated
March 17, 2006, advising
that Greenbelt Volkswagen share cost is $466,000 dollars. The owner needs to finalize
negotiations with the Trustee to clarify the cost assessment for 7997
Kennedy Road and/or 31
Helen Avenue and submit a clearance letter from
the Trustee prior to execution of the site plan agreement.
Helen Avenue Reconstruction Claim
The intersection of Helen
Avenue and Kennedy Road
was reconstructed as a part of the Enterprise
Boulevard construction project. This reconstruction involved a widening of Helen
Avenue and an adjustment to the centerline
elevation. To accommodate these changes
and to provide gradients which were similar to those which existed prior to the
reconstruction, the Town re-graded and repaved the Greenbelt Volkswagen
entrance and a portion of the parking lot. Additional parking lot re-paving, with
an estimated value of $36,000, was also planned and included in the project
budget but was not completed in 2005 due to weather restrictions.
As a condition of allowing the
Town access to the Greenbelt
property to carry out the re-grading work on the existing entrance and parking
lot, Mr. Reisenecker required that the Town construct a new entrance curb and a
new sanitary connection to accommodate the dealership’s proposed expansion. The
total cost of the work to date on the Greenbelt
entrance and parking lot is approximately $60,000.
Notwithstanding all work that has
been carried out on the Greenbelt property to accommodate the changes at the
Helen Avenue/Kennedy Road intersection, Mr. Reisennecker is of the opinion that
his existing entrance has been adversely impacted by the reconstruction and is
requesting that the Town be responsible for the entire cost of relocating the
Greenbelt entrance to the location shown on the proposed site plan for the
dealership expansion. The cost of this work including the construction of the
new entrance, the relocation of the watercourse, the installation of a large
entrance culvert to accommodate the relocated watercourse, the paving of a
portion of the parking lot and the removal of the existing entrance is
estimated as approximately $170,000.
Although staff is of the opinion
that the relocation of the entrance is related to the proposed building
expansion and is not required to accommodate the reconstruction of the Helen
Avenue/Kennedy Road intersection, staff has offered to provide the $36,000
previously committed to the additional parking lot repaving to Mr. Reisennecker
to be applied to the entrance relocation costs. To date Mr. Reisenecker has
rejected this offer and staff is requesting that the CAO be authorized to
finalize a settlement with Mr. Reisenecker.
Heritage building preserved and integrated into the site
The applicant is proposing to
retain the heritage building on the site, in its original location, and will be
incorporating the building as a sales/leasing office for the dealership.
Heritage Markham reviewed this plan
at their meeting on March 8, 2006,
and provided comments and recommendations regarding the relationship of the
heritage house to the new addition of the existing dealership building and the
internal road pattern.
The applicant has responded to
Heritage Markham’s concerns and submitted a revised site plan providing a
stronger visual sight line to the heritage house. The applicant has also provided a restoration
concept for the exterior of the protected portion of the designated James
Brander House
In the restoration concept, the
frame rear addition will be removed, as will the enclosed 20th
century front porch. The c.1875 portion
of the building will remain on its existing fieldstone foundation. Staff note that only the 2 storey brick
portion is designated under Part IV of the Ontario Heritage Act. A front verandah based on a similar house in
Unionville will be added to restore and enhance the heritage building within
the context of the new development. Heritage Section staff have reviewed the
plans and recommend that the front door and shutters be revised to a design
that reflects the mid 1870’s period of the house. This recommendation has been considered and
approved by Heritage Markham at their April 12, 2006, meeting.
The applicant is phasing
development of the site and contemplates the restoration and integration of the
heritage building on the site as part of the final phase, Phase 3. Given the
close proximity of the heritage building in relation to the proposed addition
to the existing dealership building, planned as Phase 1, Town staff recommend,
as a condition of site plan approval, the applicant proceed with restoration of
the heritage building as part of Phase 1.
Staff will require that the
applicant enter into a Heritage Conservation Easement Agreement with the Town
requiring that the property owner secure municipal approvals for any changes or
alterations to the property affecting the heritage attributes, reasonably maintain
the structure in as good condition as possible, and to maintain insurance on
the building in an appropriate amount (replacement value of building).
Outstanding issues to be addressed:
- A tree inventory and
preservation plan has been recently submitted.
Review and
approval of the tree inventory and
preservation plan will be required prior to site
plan approval;
- Issues
relating to the proposed relocation of the drainage ditch have
yet to be finalized. The owner will be required to submit a
hydraulic analysis for
review and approval as a condition of
site plan approval;
-
A noise impact study is outstanding and it’s submission for review and
approval
will be a condition of site plan
approval.
Conclusion
The proposed Official Plan, Zoning
By-law and Site Plan applications will facilitate the expansion and upgrading
of an established automobile dealership use which includes an addition to the
existing building and the construction of a new building. The expansion will establish a new boundary
between commercial and residential land uses while maintaining and enhancing
existing heritage and environmental features on the lands. Staff therefore recommend approval of the
Official Plan and Zoning by-law amendment applications and endorsement of the
site plan application.