Official Plan and Zoning <= /b>

The Off= icial Plan designates the subject property “Major Commercial Area”. The intention of this designation = is to provide for large scale multi-use, multi-purpose centre or area offering a = diverse range of retail, service, community, institutional and recreational uses serving a major portion of the municipality and/or broader regional market.= This designation is also intended = to accommodate office development and medium and high density housing at appropriate locations. This designation provides for the proposed uses subject to the review of a speci= fic development proposal and rezoning application acceptable to Council. To date, staff have not received an acceptable proposal, which satisfies the urban design and land use guidelin= es for Bur Oak Avenue as set out in the Highway 48 Urban Design Study.

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The sub= ject property is currently zoned Select Industrial with Limited Commercial (M.IC) under By-law 88-68, as amended. The current zoning permits a variety of industrial, office and limited commerci= al uses, but does not include permission for automobile services and car wash = uses and therefore the proposal requires a rezoning.

Highway 48 Urban Design Guidelines

In Octo= ber 2005, Council endorsed the Highway 48 Urban Design Study, which provided ur= ban design and land use guidelines to be used in the evaluation of development applications within the Highway 48 corridor between 16^th Avenue and Major Mackenzie Drive. The vision for Highway 48 is that = of a community supportive street that balances adequate traffic carrying capabil= ity with a highly pedestrian-friendly environment that supports street oriented retail and mixed-use, higher density development, including residential.

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The sub= ject land falls within the Bur Oak Avenue Urban Design district. The urban design vision of Bur Oak Avenue calls for a strong commercial, residential and civic focal point centred on= the Mount Joy GO Station located at the intersection of Bur Oak Avenue and Highway 48. Bur Oak Avenue is envisioned as a k= ey east-west spine joining the residential communities to the east and west of= the Highway 48 corridor. The key = design principles for Bur Oak Ave= nue are to create a transit supportive, pedestrian-friendly, urban mixed use environment. Buildings and fa= cades should strongly relate to the street and the built form and proposed uses a= long Bur Oak Avenue should encourage pedestrian movement and street related activities. Guidelines for this district inclu= de the following:

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Mix of uses and buildings.

Retail at grade and consistent rhyth= ms of entrances.

Buildings and facades should strongly relate to the street with minimum 2 to 4 storeys defining the street wall. The guidelines recommend 2 to= 4 storeys in height for the first 10 meters from Bur Oak Avenue, and a maximum = of 8 storeys beyond the first 10 metres.

A shallow setback not exceeding 1.5 metres.

Consistent and animated street edge, with a minimum of 80% building frontage along = Bur Oak Avenue.

Parking should be provided at the re= ar of the buildings and screened from view.

On-street parking should be provided= to foster vitality of the street’s businesses and reduce traffic sp= eed.

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A Public Meeting was held on June 6, = 2006

On June 6, 2006, a = public meeting was held to obtain public input on the subject applications. A number of area residents and pro= perty owners along Anderson Aven= ue and Bur Oak Avenue either submitted letters in opposition or spoke against the proposal at the public meeting. The following= are the key issues that were raised by the public.

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Conf= ormity of the proposal with the Highway 48 Urban Design Study

Concern= s were raised by residents and a representative of the Markham Village Conservancy with respect to the conformity of the proposal to the Highway 48 Urban Desi= gn Study. In general, the primar= y concern involved the inconsistency of this proposal with regard to the intent and vision of the Highway 48 Urban Design Study. Some of the issues are discussed in detail later in this report. =

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Traf= fic Concerns

Residen= ts and other landowners in the area also raised concerns with respect to the poten= tial for higher traffic levels at the intersection of Bur Oak Avenue and Anderson Avenue as a result of this development. If these applica= tions were to be supported, the applicant would be required to submit a traffic s= tudy to the satisfaction of the Engineering Department. The study would need to confirm, a= mongst other matters, that internal traffic circulation and potential car stacking= for the car wash operation is adequate and will not over flow onto Bur Oak Avenue and impede traffic.

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Further= more, the proposed Bur Oak Avenu= e driveway access would have to align with the GO Transit bus loop, located immediately to the south across Bur Oak Avenue, in order to avoid any egress and ingress conflicts and provide further distance separation from the railway crossing gates. <= /p>
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Envi= ronmental concerns have been addressed

Another= concern raised at the public meeting involved potential for chemicals and other liq= uids from the proposed coin car wash operation to seep into the Mount Joy Creek. The applicant has advised staff th= at they will be installing a grease oil interceptor. Any grease, oil, and detergent wil= l go through the grease oil interceptor, and the sludge applicable collected wil= l be pumped out once every 6 – 8 months and disposed in accordance with environmental regulations. Any other chemicals that may go past the grease oil interceptor are discharged = into the sanitary sewer and are treated at the treatment facility before being r= eleased into any watercourse. Enginee= ring staff are satisfied that the measures proposed by the applicant would be adequate and that the proposed development will not impact the Mount Joy Creek.

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Practicality of the “Coffee Shop” use from a pedestrian activity perspective is questionable

As indi= cated above, following the statutory public meeting the applicant amended the Zon= ing By-law Amendment application to also add permission for a “coffee shop” use in the list of permitted uses. The proposed coffee shop use is to= be located in the corner building facing Bur Oak Avenue and will be integrated into the quick lube customer service area and will have an area of approximately 112 m² (1,206 ft²). The applicant has indicated that t= his use is intended to serve both patrons of the facility and the surrounding residential community. A “coffee shop” integrated into a mixed use development may be a desirable use at this location as it would encourage pedestrian activity al= ong Bur Oak Avenue. However, a “coffee shop̶= 1; in this context, incorporated into the quick lube facility may be viewed by the residential community in the area as a use that is strictly intended to ser= ve the patrons of the quick lube facility.&nb= sp; Therefore, practicality of the “Coffee Shop” use from a pedestrian activity perspective is questionable.

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The proposal is incompatible with the long-term vision for the Highway 48 corridor

While t= he proposal as submitted might be considered compatible within the existing area contex= t, it is the opinion of staff that in the context of the recently approved Hig= hway 48 Urban Design Study the proposed uses and the built form are not compatib= le with the long-term design vision for the Highway 48 corridor. The purpose of the Highway 48 Urban Design guidelines is to steer development towards the vision of a high-qual= ity, mixed-use, higher-density and pedestrian-friendly district. An objective of the study is to pr= event undesirable built form and developments that may preclude the long-term fulfillment of the Town’s vision for the Highway 48 corridor.

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With the endorsement of the Highway 48 Urban Design Study, by Council in October 200= 5, it is intended to implement the vision established by the study as new develop= ment proposals are brought forward. It is recognized that the applicant has revised the proposal to make gestures toward implementing the study. However, the proposed coin car wash and quick lube facility is a car oriented use that is not transit supportive and does not promote pedestrian movement or street related activities along Bur Oak Avenue. It is staff’s opinion that it would be more appropriate to develop the subject lands, located across from= the Mount Joy Go Station and situated along a transit spine, with a higher intensity, mixed-use and transit oriented development. Such a development and built form = would help establish a pattern of development consistent with the long-term design vision for the Highway 48 corridor.

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The proposed built form does not comply with the Highway 48 Urban Design guidelines

In Octo= ber 2004, staff had a preliminary meeting with the applicants and their planning consultants and indicated that the proposed coin car wash and quick lube facility might be supported at this location subject to site layout, and location and design of the proposed buildings being acceptable to staff. In October 2005 Council endorsed t= he Highway 48 Urban Design Study which provided urban design and land use requirements to be used in the evaluation of development applications in th= is area. Subsequently, in late December 2005, the proposed rezoning and site plan approval applications we= re submitted to the Town. The applications have been reviewed in the context of the current policies and Highway 48 Urban Design guideline requirements. The current position of Planning S= taff in opposition to the proposal based on the 2005 Urban Design Study, has been conveyed to the applicant in numerous meetings and discussions.

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The ini= tial site plan submitted with the application showed a single building for the c= oin car wash and quick lube operation located along the north property line. Staff reviewed the design guidelin= es with the applicant and indicated concerns with respect to the proposal̵= 7;s ability to meet the guidelines. At minimum staff suggested that the buildings should be moved closer to the Bur Oak Avenue street frontage in order to provide for a consistent and animated street edge. As well, staff requeste= d that the building orientation should be reversed so that the open bays face the interior of the site with appropriate enhancement of the facade facing the street. Furthermore, moving t= he proposed building closer to the street would screen the parking and queuing= areas from the street view.

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In an a= ttempt to address concerns raised by staff, the applicant revised the site plan to= include the 2-storey quick lube building located closer to the intersection, and occupying approximately a third of the developable = Bur Oak Avenue street frontage. However, the applicants have indic= ated that they are unwilling to move the single-storey coin car wash building cl= oser to the Bur Oak Avenue street frontage as suggested due to various operational issues. The applicant has instead offered = to address staff’s urban design issues through landscape solutions.

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Althoug= h the Owners have worked with staff to try and address some of the site design concerns, staff remain concerned that the revisions to the proposal fail to address the design requirements and therefore long-term vision for Highway = 48 corridor and Bur Oak Avenu= e. As well, staff now recognizes that= this car oriented use may not be consistent with the new Highway 48 long-term vision. The vision includes t= he creation of a transit supportive, pedestrian friendly, urban mixed use environment along Bur Oak = Avenue. The urban design guidelines requir= e that building should be between 2 and 4 storeys in height within the first 10 me= tres of the front property line. A= lso, buildings are to have a narrow setback not exceeding 1.5 metres from Bur Oak Avenue and occupy a minimum of 80% of the frontage along that street. The urban design guidelines also r= equire that parking areas be provided at the rear of the buildings and screened fr= om the street.

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The loc= ation and massing of the proposed buildings, particularly the single-storey coin = car wash proposed at the rear of the property, does not provide for a consistent and animated street edge along Bur Oak Avenue.&n= bsp; The 2-storey quick lube building located close to the street intersection would provide for a building presence at the corner; however, = the facade wall would still only occupy roughly a third of the developable Bur Oak Avenue street frontage. In addition,= the proposed 2 metre landscape strip along Bur Oak Avenue with the enhanced landscape treatment is insufficient to compensate for the need to have a st= rong building and facade wall along the street front. The parking and queuing areas are = highly visible from Bur Oak Avenu= e street view and the proposed landscaping along Bur Oak Avenue is insufficient to s= creen these areas. The proposed development does not satisfy the urban design and land use requirements for= the area.

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An opportunity would be lost for higher intensity, mixed use, trans= it supportive development

The intersection of Highway 48 and Bur Oak Avenue is a key focal point in the Highway= 48 study area, as it marks the confluence of the Highway 48 mixed use corridor= and an important east-west spine from residential areas, culminating at the GO Station. The subject property= is one of the last remaining vacant sites in the immediate area located along the = Bur Oak Avenue transit route in close proximity to the GO Station and Highway 48. An opportunity exists to develop t= he subject lands for higher intensity development that is transit and pedestri= an supportive. Having a concentr= ation of multi-storey mixed use commercial/residential buildings at this transit = node would be a key ingredient for creating a high-quality, mixed-use and pedestrian-friendly area that would ensure the viability of existing and planned transit services. App= roval of this application would eliminate the opportunity to have high density residential with some mixed use at this key site in close proximity to the = GO Station. The proposal would a= lso set a precedent inconsistent with the new vision which may influence the willingness of other property owners in the vicinity to develop or redevelop their properties at higher densities and could potentially have a long-term impact on the Town’s ability to implement the Highway 48 Urban Design vision.

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Conclusion

Staff r= ecommend that the Zoning By-law Amendment and Site Plan Approval applications to per= mit the construction of a coin car wash and quick lube facility at the northeast corner of Bur Oak Avenue and Anderson Avenue be denied as the proposal fails to address the long-term vision for the area. The location and massin= g of the proposed buildings, particularly the coin car wash building located alo= ng the north property line, does not provide for a strong building relation to= the street. Further, given that t= he subject lands are located across from the Mount Joy GO Station, an opportun= ity exists to develop the site for a higher intensity mixed use development and= set an example for other lands in the immediate vicinity to be developed/redeve= loped for high-density retail/commercial residential mixed uses. Approving the proposed development would set the wrong precedent, and could have a long-t= erm impact on the Town’s ability to implement the Highway 48 Urban Design= vision.