Report to: Development Services Committee                              Date of Meeting: May 2, 2006

 

 

SUBJECT:                          PRELIMINARY REPORT

                                            512441 Ontario Limited

                                            Application for Zoning By-law Amendment to rezone 9390 & 9404 Highway 48 for commercial uses

 

PREPARED BY:               Nilesh Surti, Planner, ext. 4190

                                            East District Team

 

 

RECOMMENDATION:

That a Public Meeting be held to consider a Zoning By-law Amendment (ZA 05 026423) application by 512441 Ontario Limited to rezone 9390 & 9404 Highway 48 to permit commercial uses.

 

FINANCIAL CONSIDERATIONS:

Not applicable

1. Purpose                2. Background         3. Discussion             4. Financial         5. Environmental

 

6. Accessibility       7. Engage 21st             8. Affected Units       9. Attachment(s)

 

PURPOSE:

The purpose of this report is to provide preliminary information regarding the Zoning By-law Amendment application by 512441 Ontario Limited to rezone the lands located on the west side of Highway 48 south of Edward Jeffreys Avenue, municipally known as 9390 & 9404 Highway 48, for commercial uses and to recommend that a statutory public meeting be held to receive public input on this application.

 

BACKGROUND:

Property and Area Context

The subject lands are comprised of two properties and have a combined area of approximately 0.6 ha (1.49 ac).  The lands are located on the west side of Highway 48 south of Edward Jeffreys Avenue (See Figure 1).

 

There are existing single-detached dwellings located on both properties.  The dwelling at 9390 Highway 48 is a relatively recent brick bungalow and is not of heritage value.  However, the existing house on 9404 Highway 48, known as the Ramer-Wambold House, c.1915., is designated under the Ontario Heritage Act and is discussed in detailed below.  Both properties contain a number of trees and other vegetation, particularly along the north limits of the subject lands as well as at the front and rear of each property.

 

Adjoining the subject lands to the north are vacant lands that are owned by the applicant’s partner and it is intended that the subject lands and the property to the north will be developed in an integrated manner.  The adjoining lands to the north are currently zoned Major Commercial Area.  To the northwest is an existing stormwater management pond, which services the community of Wismer Commons.  Abutting to the south and west is the Historical Markham Museum.  To the east, across Highway 48, are vacant lands currently zoned to permit a mix of commercial uses and to the south of these vacant lands are existing commercial developments (See Figures 2 & 3).

 

Proposal to rezone subject lands from Rural Residential One (RR1) to Community Amenity Four (CA4)

The applicant has submitted a conceptual site plan, in consultation with the landowner to the north (owned by the applicant’s partner), which shows how the subject lands are to be developed together with the vacant lands immediately to the north for a commercial plaza that includes a mix of retail and restaurant uses having a total gross floor area of approximately 3,695 m2 (39,779 ft2).  The subject lands are proposed to contain a total gross floor area of 1,407 m2 (15,145 ft2) and the property to the north is expected to contain a total gross floor area of 2,289 m2 (24,639 ft2). 

 

In order to facilitate the proposed commercial development, the applicant is requesting that the subject lands be rezoned from Rural Residential One (RR1) under By-law 304-87, as amended, to Community Amenity Four (CA4) under By-law 177-76, as amended.  The lands to the north are presently zoned Major Commercial (MJC) under By-law 177-76, as amended.

 

The Ramer-Wambold House should be preserved on-site

The designated Ramer-Wambold House (built circa 1915) at 9404 Highway 48, has been designated under the Ontario Heritage Act for its historical and architectural context, and is considered a significant structure which should be preserved.  On February 8, 2006, Heritage Markham recommended that the Ramer-Wambold House be preserved on-site and integrated into the proposed commercial development.  The applicant proposes to preserve and restore the front portion of the existing Ramer-Wambold House and move it onto the adjacent lands to the north.  The applicant has submitted a demolition permit to tear down the rear portion of the heritage house.  Relocating the Ramer-Wambold House will require approval as part of the site plan process in consultation with Heritage Markham.

 

OPTIONS/ DISCUSSION:

Official Plan and Zoning

The subject lands are designated “Community Amenity Area” in the Official Plan.  The intention of this designation is to provide for a multi-use, multi-purpose center offering a diverse range of retail, service, community, institutional and recreational uses serving nearby residential and/or business areas.  This designation is also intended to accommodate office development and medium and high density housing at appropriate locations.

 

The properties are currently zoned Rural Residential One (RR1) under By-law 304-87, as amended, which only permits a single detached dwelling.  As stated above, the applicant is proposing to rezone the subject lands to Community Amenity Four (CA4) under By-law 177-96, as amended, to permit a commercial development. 

 

Any amending by-law will include building height, landscaping, setback provisions and other development standards, which reflect the Highway 48 Urban Design requirements.  In addition, staff will consider including a holding provision as part of any amending by-law to ensure that the subject lands and the adjoining property to the north are both developed in an integrated manner adhering to the Highway 48 Urban Design Guidelines.      

 

Highway 48 Urban Design Guidelines

In October 2005, Council endorsed the Highway 48 Urban Design Study to be used as a guideline in the evaluation of development applications within the Highway 48 corridor between 16th Avenue to Major Mackenzie Drive.  The subject lands fall within the Heritage Main Street design district.  Proposed buildings in this district are intended to be treated as an extension of Main Street Markham and receive the same treatment as the area located south of 16th Avenue.  Guidelines for this district include:

  • Single retail units should be limited to a maximum footprint of 500 square metres.
  • Buildings should have a minimum height of 2-storeys and a maximum of 4-storeys.
  • At least 70% of the useable street frontage on Highway 48 should be occupied by buildings.
  • Buildings close to the Highway 48 street line should have a maximum setback of 5 metres.
  • Parking should be located at the rear of buildings and well screened from streets.
  • Flexible land uses are to include residential, office and commercial, except automotive related and drive-through facilities.

 

As indicated above a conceptual site plan for the subject lands and the vacant lands to the north have been submitted showing a commercial development that includes a mix of retail and restaurant uses.  The conceptual site plan does not appear to reflect some of the requirements of the Highway 48 Urban Design Guidelines.  These guidelines call for a minimum building height of 2 to 4 storeys along Highway 48 with buildings occupying a minimum of 70% of the Highway 48 Street Frontage.  Future site plan applications for the subject lands and the adjoining lands to the north will be reviewed in the context of the Highway 48 Urban Design Study.  As noted, above any zoning amendment will reflect the standards setout in the Urban Design Guidelines for this area.  Any changes to these standards deemed appropriate through the site plan approval process in the future can be addressed through the minor variance process. 

 

 

 

Potential Benefits of Approval of the Proposal

The proposed Zoning By-law amendment would provide the following benefit:

 

  • Provide for additional shopping needs of the growing communities of Greensborough and Wismer Commons.

 

Concerns/Issues to be resolved

The following is a brief summary of concerns/issues raised to-date.  These matters and any others identified through the circulation and detailed review of the proposal, can be addressed in a final staff report to be presented to Committee at a later date:

 

  • Conformity of the proposed developments with the urban design vision and guidelines of the Highway 48 Urban Design Study.
  • Approval to relocate the Ramer-Wambold House onto the adjacent lands to the north.
  • Formulation of zoning provisions to reflect an acceptable site plan.
  • Relationship and integration of the proposed development with the lands to the north.

 

Public Meeting is recommended

It is recommended that a Public Meeting be held to obtain public input on this application.

 

FINANCIAL TEMPLATE (Separate Attachment):

Not applicable

 

ENVIRONMENTAL CONSIDERATIONS:

As part of the site plan review process, the applicant will be required to submit a tree inventory and preservation plan to determine whether the existing trees can be protected or relocated.

 

ACCESSIBILITY CONSIDERATIONS:

Accessibility considerations will be reviewed as part of the site plan approval process.

 

ENGAGE 21ST CONSIDERATIONS:

The applicant’s proposal to preserve and integrate the Ramer-Wambold House into the proposed commercial development is consistent with Markham’s 21st Century community vision of protecting heritage buildings that have an important historical and architectural context.  In addition, proactive growth management is also an identified goal of the Town and good urban design is seen as critical to this.  It is important therefore to review the proposed rezoning application and any future development proposals with regard to the approved urban design guidelines for the area. 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to various Town departments and external agencies including the Ministry of Transportation and Heritage Markham, and is currently under review.  Requirements of the Town and external agencies will be reflected in the preparation of the Zoning By-law amendment.

 

RECOMMENDED BY:

 

 

 

 

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

Commissioner of Development Services

 

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

Direct of Planning and Urban Design

 

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Area Context and Zoning

Figure 3 – Air Photo

Figure 4 – Conceptual Site Plan

 

AGENT:

Mr. Ben Quan

QX4 Investments Limited – Consultation Services

17 Bauer Cresent

Markham, ON    L3R 4H3

Tel.:  (416) 564-0351

FAX (905) 479-4517

 

File Path:  Q:\Development\Planning\APPL\ZONING\05 026423 9390 & 9404 Hwy 48\Preliminary Report.doc