Report to: Development Services Committee Date of Meeting: January 16, 2007

SUBJECT: PRELIMINARY REPORT

Official Plan and Zoning By-law amendment applications by Box Grove Hill Developments Inc to permit a service station and commercial uses in the Box Grove Community

(OP 06-113600, ZA 06-113759)

PREPARED BY: Margaret Wouters, Senior Planner, East District

RECOMMENDATION:

That the report dated January 16, 2007 entitled “Official Plan and Zoning By-law amendment applications by Box Grove Hill Developments Inc to permit a service station and commercial uses in the Box Grove Community” be received;

And that staff be authorized to schedule a Public Meeting to consider the Official Plan and Zoning By-law amendment applications.

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)

The purpose of this report is to provide preliminary information regarding Official Plan and zoning amendment applications for lands within the Box Grove Community, and to obtain authorization for staff to schedule a Public Meeting to consider the applications.

BACKGROUND:

Property and Area Context

The subject lands consist of approximately 0.85 hectares (2 acres) of land within the northeast area of the Box Grove Community (Figures 1 and 2). The lands are identified as Block 460 within Phase 2 of the applicant’s plan of subdivision (19TM-030012) which was recently draft approved (Figure 3).

The lands are currently vacant and are surrounded by the proposed Markham By-Pass Link (Town Arterial Road) to the west, and a rural residential property to the east and northeast across a proposed future road. The CPR Havelock Line forms the south boundary of the property. To the west, across the CPR Line is the proposed Bob Hunter Memorial Park.

The lands are part of a larger (8.5 ha) parcel of land acquired by the Town from the Ontario Realty Corporation in 2001 for the purposes of the Markham By-Pass Link (Town Arterial Road). The applicant front-ended the acquisition of the lands. When the alignment of the By-Pass has been finalized, the Town will retain ownership of a 20m right-of-way through these lands, plus any lands needed for tapers, approaches or other traffic control features as typically required for a Town arterial road. If the Markham By-Pass is approved in this location, the additional right-of-way required for the 36m wide By-Pass will be conveyed to the Region of York. All land in excess of the required Markham By-Pass Link (Town Arterial Road) will be conveyed to the applicant in accordance with the agreement entered into at the time of the original conveyance.

Secondary Plan, Community Design Plan and Zoning

The lands are currently designated ‘Business Park Area’ and ‘Transportation and Utilities’ in the Box Grove Secondary Plan which designations do not permit a service station use. Part of the lands are also identified as an ‘Intersection Improvement Area’. In addition, all of the lands on the east side of the proposed Markham By-Pass Link, including the subject lands, have been denoted with a Regional Gateway symbol which reflects the Province’s identification of these lands as a potential site for a regionally scaled transportation gateway, intended to become a transfer point among various modes of local, regional and interregional transit facilities.

The Community Design Plan identifies the subject lands as Business Park Area, and identifies a future service station site on lands designated Business Corridor Area at the northwest corner of the employment collector and the proposed Markham By-Pass Link right-of-way (Figure 5). Recently, however, Regional staff conducting the Environmental Assessment for the proposed By-Pass agreed to shift the alignment slightly to the west, to address concerns of certain residents to the east of the Phase 2 subdivision whose property was being significantly impacted by a previously proposed alignment. The slight re-alignment of the Markham By-Pass Link has resulted in a re-alignment of the employment collector (Copper Creek Drive) northward relative to its position in the Community Design Plan. The new location of the signalized Copper Creek Drive/Markham By-Pass intersection also allows for the extension of the employment collector east of the By-Pass, providing access to future employment lands east of the By-Pass. These re-alignments resulted in the current configuration of Block 460, on the east side of the proposed Markham By-Pass Link, relatively isolated from the remainder of the Business Park lands.

The subject lands were zoned Business Park (Holding) [BP(H)] at the time of draft approval of the subdivision (Figure 4). The Holding provision was applied to ensure that the development of the lands is consistent with the Regional Gateway provisions of the Secondary Plan. The Holding provision would apply to the proposed zoning as well. The lands identified for a service station site in the Community Design Plan (i.e., at the northwest corner of the employment collector and the Markham By-Pass Link / (Town Arterial Road) have been zoned for Business Corridor uses, but the permitted uses did not include a service station.

Proposed Amendments

The applicant is proposing that Block 460 be designated Business Corridor Area to accommodate a service station and associated convenience retail uses, in place of the originally identified site west of the proposed By-Pass. A stand-alone drive-through restaurant has also recently been proposed on the site. The zoning application is also proposed to be amended to permit these uses. A conceptual site plan is attached as Figure 6.

OPTIONS/ DISCUSSION:

Potential Benefits of Approval of the Proposal

The potential benefits of the proposal include the relocation of the automobile service station from a prominent entry location into the Box Grove Community (the northwest corner of the employment collector and the Markham By-Pass Link), to a less prominent location on the east side of the proposed Markham By-Pass Link. The proposed relocation will allow for the northwest corner, identified as a primary gateway in the Community Design Plan, to be developed with a built form more suitable to a gateway location.

Concerns/Issues to be Resolved

The following is a brief summary of the concerns/issues raised to date:

The Official Plan provides for automobile service stations and stand-alone restaurant uses within the Business Corridor Area designation, subject to review of a site-specific proposal. However, the appropriateness of the proposed uses at this location, particularly the stand-alone restaurant with a wraparound drive- through facility, requires further consideration. A site plan application will be required prior to any zoning approval.
Potential for consolidation of the subject lands with the neighbouring parcel (approximately 0.5 ha, owned by others) immediately to the east;
Consultation with the Province (Ministry of Transportation) on the status of the Regional Gateway lands identified in this area.

These matters, and any others identified through the circulation and detailed review of the proposal, will be addressed in a final staff report to be presented to Committee at a later date.

Public Meeting is recommended

It is recommended that a Public Meeting be scheduled to consider the Official Plan and zoning amendment applications.

FINANCIAL TEMPLATE (Separate Attachment):

ENVIRONMENTAL CONSIDERATIONS:

ACCESSIBILITY CONSIDERATIONS:

ENGAGE 21^ST CONSIDERATIONS:

BUSINESS UNITS CONSULTED AND AFFECTED:

The applications have been circulated to all relevant departments and external agencies. Comments and requirements will be addressed during the review process.

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:

File path: Amanda\File 06 113600\Documents\Preliminary Report