Report to: Development Services Committee                  Date
of Meeting:  September 19, 2006

SUBJECT:                          Calloway REIT (Woodside II) Inc. –
La-Z-Boy

Site
plan application to permit a La-Z-Boy retail outlet at 3083 and 3075 Highway 7
and HOLD (H) removal for part of 3083 Highway 7

SC
06 109647 & ZA 06 109657

PREPARED BY:               Anna Henriques, Planner – Central District Team

RECOMMENDATION:

That the report dated September
19, 2006, entitled: “Calloway REIT (WOODSIDE II) Inc. La-Z-Boy,  Site plan application to permit a
La-Z-Boy retail outlet at 3083 and 3075 Highway 7 and HOLD (H) removal for part
of 3083 Highway 7 (SC 06 109647 & ZA 06 109657)”  be received;

THAT the zoning application (ZA 06
109657) submitted by Calloway REIT (Woodside II) Inc. to remove the HOLD (H)
provision for part of the lands at 3083 Highway 7 to permit a La-Z-Boy retail
outlet at 3083 and 3075 Highway 7, be approved subject to fulfillment of the
conditions identified in this report;

That Council authorize the
enactment of a Deeming By-law, if required, in order for the two parcels to
merge on title should the applicant confirm that the two parcels are two
separate lots, subject to the submission of the appropriate application and
fees;

That the site plan control
application to permit a La-Z-boy retail outlet at 3083 and 3075 Highway 7, 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

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
recommend that Committee endorse an application for site plan approval, subject
to conditions, for a new La-Z-Boy retail outlet located at 3083 and 3075
Highway 7.  The report also recommends
removal of the HOLD (H) provision, subject to conditions, for part of the lands
at 3083 Highway 7.

BACKGROUND:

Site description and area context

The subject lands consist of
approximately 0.8ha (1.98acre), municipally known as 3083 and 3075 Highway
7.  Currently a portion of the
property is occupied by a LCBO retail store and associated parking (Figure 3).  The site is located on the south side of
Highway 7, east of Woodbine Avenue
and west of Fairburn Drive
(Figure 1).  Land uses to the north
of the site include the Michael Angelo’s commercial development and a
Burger King fast food restaurant.
Immediately adjacent to the west is the Beaver Creek and vacant lands
which were previously occupied by a Petro Canada gas bar.  To the southeast is the East Side
Chevrolet-Oldsmobile automobile dealership and directly to the east is the
Longo’s Fruit Market.

Town records indicate that 3083
and 3075 Highway 7 are two separate lots, however, the applicant believes that
3083 and 3075 Highway 7 have merged in title once both parcels came under the
same ownership in June of this year.
Staff are currently verifying this information through the Legal Department.

Previous approvals

In September 2000, site plan
approval was granted and an amending zoning by-law was approved for a
commercial development at 3075 and 3083 Highway 7.  The approved amending zoning by-law included
a HOLD (H) provision on the subject lands.
The HOLD (H) provision may be removed once access and site circulation
issues have been addressed to the satisfaction of the Town.  At the time of site plan approval, the
proposal contemplated a single storey sporting goods retail outlet.

Since enactment of the zoning
by-law and site plan approval, the previous proposed tenant (sporting goods
store) reconsidered their location plans and the site has remained vacant.

In February 2003, site plan
approval was granted, and the HOLD (H) provision removed from 3075 Highway 7
and part of 3083 Highway 7 to permit an LCBO retail outlet.  The approved site plan also provided for
a conceptual future building, located on 3083 Hwy 7, south and east of the LCBO
building.  This building was approved
in concept and was subject to site plan approval once a tenant was secured for
the site.

OPTIONS/ DISCUSSION:

Proposal complies with the Official Plan

The subject lands are designated
“Commercial – Retail Warehouse” in the Official Plan.  This designation permits medium to large
format retail stores with individual premises generally not less than 300m2.
The proposal complies with
Official Plan policies and therefore, an amendment is not required.

Proposal complies with the zoning by-law

The subject lands are zoned HOLD
Retail Warehouse [(H) RW] pursuant to by-law 165-80, as amended.  This zone category permits a variety of
retail and service uses.  The
proposal complies with the permitted use and development standards of the
zoning by-law, however, a by-law amendment is required in order to remove the
HOLD (H) provision.  In addition, a
variance may be required to the front yard landscape provisions of the by-law
as a result of lands across the Highway 7 frontage being required for transit right-of-way
purposes.

HOLD (H) removal for a portion of 3083 Highway 7

The applicant has applied for a
HOLD (H) removal for approximately the southern half of lands at 3083 Highway
7.  Removal of the HOLD (H)
provision is subject to the following conditions:

1)  That the owner provide a clearance
letter from the Toronto and Region Conservation Authority (TRCA) 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 TRCA;

b.  provide a clearance
letter from the TRCA 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 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.

These conditions for HOLD (H)
removal were previously satisfied for 3075 and part of 3083 Highway 7 in
conjunction with the approval of the LCBO building in 2003.  Staff recommend that the HOLD (H)
provision for the remaining portion of the lands at 3083 Highway 7 be
considered for removal once the applicant has satisfied the above conditions,
as they relate to the remaining portion of 3083 Hwy 7.

Mutual access easements required

The owners of adjacent properties,
Longo’s, East Side Chev-Olds and Woodside Developments, have entered into
site plan agreements with the Town committing to granting access easements over
each property for mutual benefit of all landowners in the area.  These mutual access easements have been
stipulated in specific provisions within each respective site plan
agreement.  These easements have,
for the most part, been provided for in conjunction with the approval of the
LCBO building and the expansion of the Longo’s Fruit Market.  There is one final easement that will be
required between the subject property and adjacent land owners and that is to
be finalized once the site plan and building location has been finalized.  This is a condition of site plan
approval.

Approval from external agencies required

The TRCA has confirmed, in
writing, that they have no objection to the approval of the subject site plan
and zoning applications provided that the applicant pays all outstanding fees
to the TRCA.

The Region of York has also
confirmed that they have no objection to the proposal.  However, they have indicated that they
require 1.5m of land across the entire frontage of the property as a result of
the Highway 7 Corridor and Vaughan North-South Link Public Transit Improvements
Environmental Assessment.  This is a
condition of site plan approval and the applicant may need to obtain a minor
variance for a reduced front yard landscape strip as a result of the 1.5m
dedication to the Region.

The Region of York comments with
respect to vehicular access and Highway 7 improvements have been addressed with
the previous LCBO approval.

Urban Design

The subject property is located at
a highly visible location on a major arterial road in the Town.  Staff have requested a level of design
consistent with the adjacent LCBO and Longo’s buildings.  The proposed elevations are consistent
and complementary with adjacent buildings.
Building material across the
front of the building consist of Exterior Insulation and finishing Systems
(E.I.F.S) accented with face brick at the base with a cornice detail along the
roofline.  The applicants are
proposing pre-finished metal siding along the easterly elevation, where it
abuts the Longo building and along the rear elevation next to the service and
parking areas.  Staff have requested
the applicant to provide additional tree planting at the rear of the site to soften
the elevation.

Landscaping within the parking lot
is still being developed as staff have requested additional landscaping within
the parking lot to provide softening and screening from Highway 7.  Staff have worked with the applicant to ensure
that strong pedestrian links are provided to adjacent properties and from the
rear parking lot to the front entrance of the building.

Staff are satisfied with the
proposed site layout and elevations and recommend approval.

Deeming By-law may be required

Town records indicate that 3075
and 3083 Highway 7 are separate properties.  The applicant has advised the Town that
both 3075 and 3083 Highway 7 have recently come under the same ownership,
thereby causing the two parcels to merge in title.  Planning staff will need to confirm,
through the legal department, whether a deeming will be required.  A condition of site plan approval
requires that the applicant submit an application for a deeming by-law in order
for the two parcels to merge in title, if necessary.

FINANCIAL TEMPLATE (Separate Attachment):

Not applicable

ENVIRONMENTAL CONSIDERATIONS:

Any outstanding Issues relating to
the channelization and restoration of the adjacent Beaver Creek will be
addressed in concert with the TRCA’s
review of the application.

ACCESSIBILITY CONSIDERATIONS:

Accessibility
consideration will be addressed through the building permit process and through
the provision of and placement of accessible parking spaces.

ENGAGE 21ST CONSIDERATIONS:

The proposal
aligns with the following key Town of Markham Corporate Goals: Managed Growth,
Quality Community and Infrastructure Management.

BUSINESS UNITS CONSULTED AND AFFECTED:

These
applications have been circulated to all relevant external agencies and
internal departments.  All comments
and requirements have been included as conditions of approval and will be
reflected in the final plans and site plan agreement.

RECOMMENDED BY:

______________________________                    ________________________

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

Director, Planning & Urban Design
Commissioner, Development Services

ATTACHMENTS:

APPENDIX ‘A’ –
Conditions of Site Plan Approval

Figure 1 – Location Map

Figure 2 – Area Context and
Zoning

Figure 3 – Air Photo

Figure 4 – Site Plan

Figure 5 – Elevations

File path: Amanda\File 06
109657\Documents\Recommendation Report

APPENDIX ‘A’ – Conditions
of Site Plan Approval

1.  That the owner enter into a site plan
agreement with the Town containing all the standard provisions and requirements
of the Town, the TRCA, the Region of
York and other public agencies, including providing any financial securities
required;

2.  That this endorsement shall lapse and
site plan approval will not be issued after a period of three years commencing
September 19, 2006, in the event that the site plan agreement is not executed within
that period;

3.  That prior to site plan approval, the
Owner shall submit final drawings, including but not limited to, site plan and
elevation drawings, landscape plans, servicing plans, grading plans and
drainage plans that comply with all the requirements of the Town and authorized
public agencies, to the satisfaction of the Commissioner of Development
Services;

4.  That prior to site plan approval, the
Owner shall obtain TRCA approval and satisfy all TRCA requirements, financial
or otherwise;

5.  That prior to site plan approval, 3075
and 3083 Highway 7 shall be confirmed to be merged in title or a deeming by-law
obtained;

6.  That prior to site plan approval, the
Owner shall submit an application, and associated fees, to the Town for a
deeming by-law should the Town advise that one is required;

7.  That prior to site plan approval, the
Owner shall covenant and agree to apply for a minor variance for a reduced
front yard landscape strip (2.0m), if required subject to the Region of York
requiring a 1.5m strip of land across the entire frontage of 3075 and 3083
Highway 7;

8.  That prior to site plan approval the
Owner shall obtain the necessary approvals from adjacent landowners for access
easements to integrate accesses and internal traffic circulation to the
satisfaction of the Town;

9.  That prior to site plan approval the
Owner shall 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 traffic improvements in the area;

10. The site
plan agreement for the LCBO building included a number of clauses relating to
an easement across Beaver Creek to Woodbine
Avenue.
The owner shall covenant and agree in the site plan agreement to
incorporate these conditions in this site plan agreement if required by the
Town.