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

SUBJECT:                          RECOMMENDATION
REPORT

Terra
Nero Investments, Applications for Zoning By-law Amendment and Site Plan
Approval to permit a coin car wash and quick lube facility at 77 Anderson Avenue

Northeast
corner of Bur Oak Avenue
and Anderson Avenue

PREPARED BY:               Nilesh
Surti, Planner, ext. 4190

East
District Team

FILE NO.:                          ZA
06 106227 & SC 06 106240

RECOMMENDATION:

THAT the
Development Services Commission Report entitled “Terra Nero Investments,
Applications for Zoning By-law Amendment (ZA 06 106227) and Site Plan Approval
(SC 06 106240) to permit a coin car wash and quick lube facility at 77 Anderson
Avenue, Northeast corner of Bur Oak Avenue and Anderson Avenue,” be
received;

AND THAT the
applications for Zoning By-law Amendment and Site Plan Approval be denied.

EXECUTIVE SUMMARY:

Zoning By-law Amendment and Site
Plan approval applications have been submitted by Terra Nero Investments.  The 0.46 ha (1.14 ac) site is located at
the northeast corner of Bur Oak
Avenue and Anderson Avenue.

The proposal is to permit a coin
car wash and quick lube facility having a total gross floor area of 1,083.6 m2
(11,664 ft2).  Following
the public meeting held June
6, 2006, the applicant amended the application to add permission
for a “coffee shop” use in the list of permitted uses.  In the event Council chooses to approve
the applications, it is Staff’s opinion that a further Public Meeting
should be held to permit the Coffee Shop which is considered a take-out
restaurant.

The proposal
consists of a two-storey quick lube building sited close to the intersection
and a single-storey coin car wash building located along the north property
line.  The coffee shop use is
proposed to be located in the corner building facing Bur Oak Avenue.  The site plan shows two accesses to the
site, one each from Anderson
Avenue and Bur Oak Avenue and a total of 35 parking
spaces have been provided on-site, including 6 parking spaces reserved for
vacuum stalls.

A public
meeting was held to obtain input on the subject applications.  Residents and property owners in the
surrounding area either submitted letters in opposition or spoke against the
proposal at the public meeting.
Their concerns were with respect to the following:

The proposal did not conform with the
urban design and land use guidelines as identified in the Highway 48 Urban
Design Study;

The proposed development would generate
higher traffic levels at the intersection of Bur Oak Avenue and Anderson Avenue;

Potential for chemicals and other liquids
from the proposed car wash operation to seep into the Mount Joy
Creek;

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

Staff do not support the proposed development
of a coin car wash and quick lube facility for the following reasons:

Approval of this proposal would eliminate
the opportunity for high density residential with mixed use at this key
site, in close proximity to the GO Station.

The proposal may set an undesirable for
the area, which could influence the willingness of other property owners
in the vicinity to develop 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.

The proposal is a car oriented use that
is not transit supportive and does not promote pedestrian movement or
street related activities along Bur
Oak Avenue.

The location and massing of the proposed
buildings, particularly the single-storey coin car wash located along the
north property, does not provide for a consistent and animated street edge
along Bur Oak Avenue
and is inconsistent with the Highway 48 Urban Design guidelines.

FINANCIAL CONSIDERATIONS:

Not applicable

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

5. Others (Environmental,
Accessibility, Engage 21st, Affected Units)             6. Attachment(s)

PURPOSE:

Terra Nero
Investments has submitted applications for rezoning and site plan approval to
permit a coin car wash and quick lube facility at 77 Anderson Avenue.  The purpose of this report is to provide
detailed review and assessment regarding the above-noted applications and to
bring forward a staff recommendation.

BACKGROUND:

Property and Area Context

The 0.46 ha
(1.14 ac) site is located at the northeast corner of Bur Oak Avenue and Anderson Avenue.  The eastern edge of the property is
traversed by Mount
Joy Creek
(Formerly Exhibition Creek).  The
property is presently vacant with no significant vegetation (See Figure 1).

Immediately to
the north and to the west, across Anderson
Avenue, are existing multi-tenant industrial
buildings.  To the south, across Bur Oak Avenue, is
the Mount Joy GO Station and associated commuter parking area.  To the east, the subject property is
bounded by Mount Joy Creek
and CN railway tracks, and across the creek and the railway tracks, is medium
density residential development in the Greensborough Community (See Figure 2
& 3).

A coin car wash and quick lube facility is
proposed

The applicant
has submitted applications for rezoning and site plan approval to permit a coin
car wash and quick lube facility having a total gross floor area of 1,083.6 m2
(11,664 ft2).  Following
the statutory public meeting, the applicant amended the application to also add
permission for a “coffee shop” use in the list of permitted uses.  The coffee shop is intended to be
integrated into the quick lube customer service area.

The proposal,
as shown on the site plan and elevations, consists of a two-storey quick lube
building sited close to the intersection and a single-storey coin car wash
building located along the north property line.  The proposed coffee shop use is to be
located in the corner building facing Bur
Oak Avenue, which is intended to serve patrons of
the facility and the surrounding residential community.

The quick-lube
operation will contain 3 servicing bays and 1 detailing bay.  The coin car wash operation will contain
8 self-service wash bays, all facing Bur
Oak Avenue.
Also proposed are 6 vacuum stalls located at the northwest corner of the
property.  The site plan shows two
accesses to the site, one each from Anderson
Avenue and Bur Oak Avenue.

The Parking
By-law does not provide a specific parking standard for the quick lube and the
coin car wash uses, but provides that parking for any uses not listed in the
By-law be calculated at a rate of 1 parking space for every 25 m2 of
net floor area.  Parking for the
Coffee Shop would be calculated at the restaurant rate of 1 parking space per 9
m2 of net floor area.  The
proposed development would require a total of 35 parking spaces.  The submitted conceptual site plan shows
a total of 35 surface parking spaces on-site, including 6 parking spaces
reserved for vacuum stalls.
Sufficient on-site parking spaces would be available in accordance with
the Parking By-law.

A second public meeting is required to
consider the proposed “coffee shop” use

As indicated
above, following the statutory public meeting the applicant amended the rezoning
application to add a “Coffee Shop” use to the list of permitted
uses.  Section 34(17) of the Planning Act stipulates that, where a
change is made in a proposed by-law after the public meeting was held, then
Council, by resolution, can determine whether or not another public meeting is
required.  If Council chooses to
approve the proposed development, it is staff’s opinion that a second
public meeting should be held to obtain public input with respect to the
proposed “coffee shop” use, which is deemed to be a take-out restaurant.

OPTIONS/ DISCUSSION:

Official Plan and Zoning

The Official
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 specific
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 guidelines
for Bur Oak Avenue
as set out in the Highway 48 Urban Design Study.

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

The subject
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 key
east-west spine joining the residential communities to the east and west of the
Highway 48 corridor.  The key design
principles for Bur Oak Avenue
are to create a transit supportive, pedestrian-friendly, urban mixed use
environment.  Buildings and facades
should strongly relate to the street and the built form and proposed uses along
Bur Oak Avenue
should encourage pedestrian movement and street related activities.  Guidelines for this district include the
following:

Mix of uses and buildings.

Retail at grade and consistent rhythms
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 rear
of the buildings and screened from view.

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

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 property
owners along Anderson Avenue
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.

Conformity
of the proposal with the Highway 48 Urban Design Study

Concerns 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 Design
Study.  In general, the primary 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.

Traffic
Concerns

Residents and
other landowners in the area also raised concerns with respect to the potential
for higher traffic levels at the intersection of Bur Oak Avenue and Anderson Avenue as a result of this
development.  If these applications
were to be supported, the applicant would be required to submit a traffic study
to the satisfaction of the Engineering Department.  The study would need to confirm, amongst
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.

Furthermore,
the proposed Bur Oak Avenue
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.

Environmental
concerns have been addressed

Another concern
raised at the public meeting involved potential for chemicals and other liquids
from the proposed coin car wash operation to seep into the Mount Joy Creek.  The applicant has advised staff that
they will be installing a grease oil interceptor.  Any grease, oil, and detergent will go
through the grease oil interceptor, and the sludge applicable collected will 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 released
into any watercourse.  Engineering
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.

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

As indicated
above, following the statutory public meeting the applicant amended the Zoning
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 this 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 along Bur Oak Avenue.  However, a “coffee shop” 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 serve
the patrons of the quick lube facility.
Therefore, practicality of the “Coffee Shop” use from a
pedestrian activity perspective is questionable.

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

While the proposal
as submitted might be considered compatible within the existing area context,
it is the opinion of staff that in the context of the recently approved Highway
48 Urban Design Study the proposed uses and the built form are not compatible
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-quality,
mixed-use, higher-density and pedestrian-friendly district.  An objective of the study is to prevent
undesirable built form and developments that may preclude the long-term
fulfillment of the Town’s vision for the Highway 48 corridor.

With the
endorsement of the Highway 48 Urban Design Study, by Council in October 2005, it
is intended to implement the vision established by the study as new development
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.

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

In October
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 the
Highway 48 Urban Design Study which provided urban design and land use
requirements to be used in the evaluation of development applications in this
area.  Subsequently, in late
December 2005, the proposed rezoning and site plan approval applications were
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 Staff
in opposition to the proposal based on the 2005 Urban Design Study, has been
conveyed to the applicant in numerous meetings and discussions.

The initial
site plan submitted with the application showed a single building for the coin
car wash and quick lube operation located along the north property line.  Staff reviewed the design guidelines
with the applicant and indicated concerns with respect to the proposal’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 requested 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 the
proposed building closer to the street would screen the parking and queuing areas
from the street view.

In an attempt
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 indicated
that they are unwilling to move the single-storey coin car wash building closer
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.

Although 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 Avenue.  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 the
creation of a transit supportive, pedestrian friendly, urban mixed use
environment along Bur Oak Avenue.  The urban design guidelines require that
building should be between 2 and 4 storeys in height within the first 10 metres
of the front property line.  Also,
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 require
that parking areas be provided at the rear of the buildings and screened from
the street.

The location
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.
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 strong
building and facade wall along the street front.  The parking and queuing areas are highly
visible from Bur Oak Avenue
street view and the proposed landscaping along Bur Oak Avenue is insufficient to screen
these areas.  The proposed
development does not satisfy the urban design and land use requirements for the
area.

An opportunity would be lost for higher intensity, mixed use, transit
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 the
subject lands for higher intensity development that is transit and pedestrian
supportive.  Having a concentration
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.  Approval
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 also 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.

Conclusion

Staff recommend
that the Zoning By-law Amendment and Site Plan Approval applications to permit
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 massing of
the proposed buildings, particularly the coin car wash building located along
the north property line, does not provide for a strong building relation to the
street.  Further, given that the
subject lands are located across from the Mount Joy GO Station, an opportunity
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/redeveloped
for high-density retail/commercial residential mixed uses. Approving the
proposed development would set the wrong precedent, and could have a long-term
impact on the Town’s ability to implement the Highway 48 Urban Design vision.

FINANCIAL TEMPLATE:

There are no financial impacts to
the Town in this report.

ENVIRONMENTAL CONSIDERATIONS:

The eastern
edge of the property is traversed by Mount
Joy Creek.  The Toronto Region Conservation Authority
has requested that the applicant revise the site plan to show a10-metre wide buffer
from the top-of-bank of Mount
Joy Creek.  The site plan has been revised to show,
for the most part, a 10-metre wide buffer from the top-of-bank.  However, a small portion of the parking
area still encroaches into the 10-meter buffer area.

ACCESSIBILITY CONSIDERATIONS:

The site plan
shows two parking spaces for the physically disabled, in accordance with the
Parking By-law, located close to the main entrance of the Quick Lube and Coffee
Shop building.  In addition, a barrier
free pedestrian walkway leading from the main entrance of the Quick Lube and
Coffee Shop building to Bur Oak
Avenue has also been provided.

ENGAGE 21ST CONSIDERATIONS:

Protecting and
enhancing Markham’s
natural features and green spaces is a key goal set out in “Engage 21st
Century Markham”.  The
applicant has provided a 10-metre wide buffer from the top-of-bank of Mount Joy
Creek in order to
protect, enhance and restore the portion of the Mount Joy Creek that is located on the
property.  In addition, proactive growth
management is also an identified goal of the Town and good urban design is seen
as critical to this.  The proposed
use, as well as the location and massing of the proposed buildings are
inconsistent with the Town’s growth management vision for the area.

BUSINESS UNITS CONSULTED AND AFFECTED:

The application
was circulated to all Town departments and external agencies, and their
recommendations/comments have been incorporated into this report.

RECOMMENDED BY:

________________________________        _________________________________

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

Director of Planning and Urban
Design  Commissioner of Development
Services

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Area Context and
Zoning

Figure 3 – Air Photo

Figure 4 – Site Plan

Figure 5 – Elevations

Agent

Maria
Gatzios

Bousfields Inc.

3 Church Street, Suite 200

Toronto, ON     M5E 1M2

Tel.:  (416) 947-9744

Fax:  (416) 947-0781

File Path:    Q:\Development\Planning\APPL\ZONING\06
106227 Terra Nero Investments\Recommendation Report (Sept 5 2006).doc