Report to: Development Services Committee Report Date: May 15, 2007

SUBJECT: RECOMMENDATION REPORT

Rhenish Church of Canada

Application for Site Plan Approval to permit a place of worship at 2667 Bur Oak Avenue in the Cornell Community

SC 06 109903

PREPARED BY: Sabrina Bordone, Planner - East Development District (ext. 8230)

RECOMMENDATION:

THAT the Site Plan application (SC 06 109903) submitted by the Rhenish Church of Canada be endorsed in principle, subject to the general and specific conditions outlined in Appendix ‘A’.

EXECUTIVE SUMMARY:

An application for Site Plan Approval has been submitted by the Rhenish Church of Canada. The subject property consists of approximately 0.8 ha (2 ac) located on the northwest corner of Bur Oak Avenue and 16^th Avenue in the Cornell Community.

The proposal is for a one-storey place of worship having a gross floor area of 1,354 m² (14,547 ft²). The applicant is proposing to construct the proposed development in two phases. A total of 132 parking spaces are provided on site, located at the rear of the proposed development. Two vehicular driveway accesses are proposed off of Bur Oak Avenue. Adequate pedestrian accesses from the proposed place of worship to the sidewalks along Bur Oak Avenue and 16^th Avenue have also been provided.

The proposed place of worship is permitted under the “Commercial, Community Amenity Area – Corridor” designation in the Cornell Secondary Plan, as well as the Community Amenity Two (CA2) zone category in By-law 177-96, as amended. The proposed place of worship meets the criteria established in Official Plan Amendment 115 for place of worship approval.

The proposal is consistent with the policies relating to Urban Design established in the Cornell Secondary Plan and the Cornell Public Realm Design Guidelines. Staff is recommending that the application be endorsed in principle, subject to the general and specific conditions outlined in Appendix ‘A’.

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)

This report provides background information and recommends site plan endorsement, subject to conditions, for a proposed place of worship on the northwest corner of Bur Oak Avenue and 16^th Avenue, at the property municipally known as 2667 Bur Oak Avenue in the Cornell Community.

BACKGROUND:

Property and Area Context

The subject property consists of approximately 0.8 ha (2 ac) located on the northwest corner of Bur Oak Avenue and 16^th Avenue. The site currently contains an existing heritage home (William Grant House), which is being used as a pastor’s residence, and also contains some mature vegetation (see Figure 1).

Abutting the subject property to the north, and to the south across 16^th Avenue, are single-detached dwellings. To the east, across Bur Oak Avenue, are townhouse dwellings. Finally, to the west, is a 15.5 m wide walkway block and low density housing across William Gaspar Court (see Figures 2 & 3).

Proposal is to permit a place of worship with accessory uses

The applicant has submitted an application for site plan approval to permit a one-storey place of worship having a total gross floor area of 1,354 m² (14,547 ft²). The applicant is proposing to construct the development in two phases. Phase 1, which will have a gross floor area of 486.50 m2 (5,236 ft²), will contain a sanctuary with a capacity of 200 persons and two Sunday school classrooms (see Figure 4). Phase 2, which will have a gross floor area of 867.5 m² (9,311 ft²), will contain a sanctuary with a capacity of 300 persons, three Sunday school classrooms, general offices, a multi-purpose room with kitchen and a commercial day nursery comprised of one classroom with a maximum capacity for sixteen children (see Figure 5).

OPTIONS/ DISCUSSION:

The Official Plan (Revised 1987) designates the subject lands Commercial – Community Amenity Area, which provides for the proposed use. The Cornell Secondary Plan designates the subject property Commercial, Community Amenity Area – Corridor. This designation applies to lands fronting onto major arterial roads and “…is intended to provide opportunities for development of single use and mixed use buildings and projects and to accommodate institutional uses serving the community.”

The Official Plan Amendment contains specific criteria for place of worship approval. The criteria relevant to the subject proposal are discussed below:

1. Official Plan Amendment is required for new and expanded places of worship sites in Commercial – Community Amenity Areas that have site areas greater than 2.5 hectares.

The proposed site for the place of worship has an area of 0.8 ha; hence an Official Plan Amendment is not required.

2. Location criteria with respect to road classification.

Official Plan policies provide that where the place of worship site is proposed in a Commercial – Community Amenity Area designation, it shall be located on an arterial road or Provincial Highway at the intersection with another public road. As noted above, the subject property is designated Commercial – Community Amenity Area and the site is located at the northwest corner of Bur Oak Avenue and a Region of York arterial road (16^th Avenue).

3. Ability to effectively manage negative impacts of the proposed place of worship on the surrounding area.

The proposed place of worship is predominately surrounded by low and medium density residential development, which is a typical location for a place of worship site. The proposed development is not expected to negatively impact any of these uses with respect to noise. Staff are of the opinion that noise generated by the place of worship, either from traffic or functions held at the site, are not expected to have a significant impact on the surrounding residential uses.

There are some concerns regarding the potential impact of outdoor lighting from the proposed development on the surrounding residential properties in the vicinity. To address this issue the applicant will be required to submit a satisfactory illumination plan, which may be peer reviewed if necessary, prior to the Director of Planning and Urban Design approving the site plan and elevation drawings. Staff, however, are confident that light spillage can be adequately addressed by appropriate screening measures. A condition to this effect will be incorporated into the site plan agreement, as outlined in Appendix ‘A’.

Staff do not have any concerns with respect to impacts related to traffic and parking, which are discussed below.

4. Ability to effectively manage any impacts of traffic generated by the place of worship on surrounding uses.

The proposed development has been reviewed by staff of the Town’s Transportation Division. They are of the opinion that the traffic generated by this relatively modest place of worship will not have a significant impact on the surrounding community.

5. Can the site provide adequate access for vehicles; is the site accessible by pedestrians; and is there existing or future availability of public transit within short walking distance.

The site is proposed to be served by two driveway accesses off of Bur Oak Avenue. Public transit is currently available along Bur Oak Avenue, as well as 16^th Avenue within walking distance from the site. Adequate pedestrian accesses from the proposed place of worship to the sidewalks along Bur Oak Avenue and 16^th Avenue have also been provided.

6. Consideration with respect to off-street parking and internal traffic circulation.

The applicant is currently proposing sufficient parking to satisfy the Town’s parking requirement for places of worship. Internal circulation has been reviewed and was found to be acceptable.

7. A plan to provide for off-site parking, if required, for special events held at the place of worship.

The applicant has advised that shuttle van service has been one of their solutions used in the past when mitigating the requirements for off-site parking during special events. The applicant has advised that, mitigating both the demand for off-site parking and increased traffic congestion is always discussed prior to hosting special events in order to provide guidance and convenience to the participants, as well as to minimize the impacts on the surrounding community.

8. Proposed landscaping including planting, grading and screening is appropriate to complement the proposed place of worship and surrounding uses.

The applicant is providing a 3 m landscape strip along Bur Oak Avenue and 16^th Avenue. However, staff have requested that a colonnade be provided along the perimeter of the building during the second phase of construction, which will be located within the 3 m buffer to enhance the street edge and provide a strong urban character for this intersection. In addition, a 1.8 m high privacy fence will be provided along the north property line to provide headlight screening and privacy for the neighbouring residences. An additional 1.8 m high wood privacy fence will be provided in the second phase of development around an anticipated daycare play space in the southwest corner of the site.

9. The place of worship design minimizes impacts on adjacent uses and is in keeping with the Town’s policies with respect to visual appearance and applicable urban design guidelines.

The proposed development will be faced primarily in brick, cast stone and stucco materials, which are complementary to the surrounding residential area. As requested by staff, the applicant has also agreed to provide a colonnade along the perimeter of the proposed place of worship in the second phase of construction. This architectural feature will not only unify the building along all four elevations, but will also shield visitors from the elements when accessing the place of worship building. A prominent feature of the proposed development is a roof-top lantern, which provides the building with a strong civic image. The proposed development, with the building located close to the intersection, is also in keeping with the Cornell Public Realm Design Guidelines.

Zoning By-law permits the place of worship

The subjects lands are zoned Community Amenity Two, Special Exception 164 (CA2*164) by By-law 177-96, as amended. This zoning designation permits a range of institutional uses including places of worship and day nurseries, amongst other uses. Special exception 164 provides for a nursing home as an additional permitted use on the lands zoned with this exception.

Sufficient on-site parking has been provided

The Town’s parking standards require that parking for places of worship be calculated at a rate of 1 parking space per 4 persons of the worship area capacity, or 1 parking space per every 9 m² of the net floor area of the worship area and any accessory use areas, whichever is greater. Based on this latter standard which is applicable in this instance, the proposed place of worship would need a total of 132 parking spaces and, as noted above, the applicant has provided 132 spaces. The proposal meets the Town’s parking by-law standard for on-site parking.

Minor Variances approved by the Committee of Adjustment

Three by-law variances were identified during the preliminary review of this site plan application. These variances, as outlined below, were approved at the February 14, 2007 Committee of Adjustment Meeting:

i) Variance to permit place of worship and day nursery in the same building

The CA2 zone in By-law 177-96, as amended, permits both a place of worship and a

day nursery provided the uses are within separate buildings. As noted above, the

applicant is proposing a commercial day nursery as part of Phase 2 of the proposed

development. The applicant’s request to permit a day nursery and a place of worship within the same building was supported by staff on the basis that combining the uses meets the intent of the “Community Amenity Area – Corridor” designation in the Cornell Secondary Plan and also meets the requirements for day nurseries, as outlined in the Town’s Official Plan.

ii) Variance to permit a reduction in the minimum required building height

The applicant also applied for a minor variance to permit a minimum building height of 8.8 m; whereas, the by-law requires a minimum height of 10.5 m. The purpose of the minimum height requirement in the Zoning By-law is to ensure that buildings have a strong visual prominence particulary at an intersection. Staff were willing to support the reduction in building height based on the applicant’s commitment to construct a roof-top lantern within five years of completing the first phase of development or earlier if the second phase of occurs sooner. This roof-top lantern will be lit at night and will contribute to the landmark nature of the proposed development.

iii) Variance to permit a redcution to the minimum reuqired side yard setback

The applicant applied for a minor variance to permit a minimum side yard setback of 5.5 m abutting a residential area; whereas, the By-law requires a minimum side yard setback of 6 m abutting a residential area. The variance was requested for the west side yard setback, where a portion of the proposed place of worship, which will be constructed as part of the second phase of development, encroaches into the required side yard. Staff did not object to a reduction to the side yard setback in this area, as the portion of the building requiring the minor variance abuts a walkway block. This walkway block will function as a buffer between the proposed place of worship and the existing residential dwellings to the west that front onto 16^th Avenue.

Proposal is consistent with Cornell Secondary Plan and Cornell Public Realm Design Guidelines

The proposed place of worship is consistent with the policies relating to Urban Design established in the Cornell Secondary Plan and the Cornell Public Realm Design Guidelines. These policies call for developments that clearly define the public realm and which have a consistent and predictable built form. Safety, accessibility, and comfort in the pedestrian environment is integral to the Town’s goals and objectives for the Cornell Community.

The proposed development provides a strong built presence along both Bur Oak Avenue and 16^th Avenue. The building siting at the corner provides for massing along this highly prominent intersection. Although the main entrance is situated at the back of the building, at the north elevation, direct pedestrian access off of 16^th Avenue has been provided by a second barrier-free entrance along the south elevation.

With respect to parking areas, the design guidelines indicate that, whenever possible, parking should be located to the side and rear of the buildings or in below-grade parking structures. As illustrated on the site plan, parking for the proposed development is located mainly at the rear of the building. The design guidelines also indicate that where parking areas are adjacent to streets, a landscape buffer (e.g. hedges, low walls, decorative fencing or rows of trees) be located between the sidewalk and the parking areas. The application is proposing a 3 m wide landscape strip containing a row of trees and low shrubs to buffer Bur Oak Avenue from the parking lot.

Staff are satisfied with the site layout and building elevations. The proposed exterior

colours will consist of ‘neutral earthy’ tones, which will complement the existing

developments in the community (see Figures 6 & 7).

CONCLUSION:

Staff are satisfied with the proposal and recommend that it be endorsed, subject to the general and specific conditions outlined in Appendix ‘A’ to this report.

FINANCIAL TEMPLATE (external link):

There are no financial considerations associated with this application.

ENVIRONMENTAL CONSIDERATIONS:

As stated above, there is some existing mature vegetation on the subject lands. A tree inventory and preservation plan has been submitted to the Town’s satisfaction. A hedge row of declining spruce trees, located south of the existing heritage house, is to be removed. One larch, at the southeast corner of the heritage house, is to remain.

ACCESSIBILITY CONSIDERATIONS:

The site plan shows a total of five parking spaces for the physically handicapped all located close to the main entrance of the building. In addition, barrier-free entrances have been provided both at the main entrance of the building and the second entrance fronting onto 16^th Avenue.

ENGAGE 21^ST CONSIDERATIONS:

The proposed development relates to several key 21^st Century Markham objectives including high levels of urban design, as well as fostering quality communities by recognizing, respecting, and promoting religious differences.

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, Planning & Urban Design Commissioner, Development

ATTACHMENTS:

File path: Amanda\File 06 109903\Documents\Recommendation Report

Figure 1: Location Map

Appendix ‘A’

SITE PLAN CONDITIONS

1. THAT site plan approval be delegated to the Director of Planning & Urban Design or her designate, to be issued following the execution of a site plan agreement. Site plan approval shall be issued only when the Director has signed the site plan “approved”.

2. THAT the owner will enter into a site plan agreement with the Town of Markham containing all standard and special provisions and requirements of the Town and public agencies, including:

a) Provision for payment by the applicant of all applicable fees, recoveries, and development charges;

b) Provision for satisfying all requirements of the Town’s Departments and external agencies, including the Regional Municipality of York Transportation and Works Department;

c) Provision to ensure that all lights on the property are appropriately shielded and do not impact on the residential properties in the surrounding area;

d) Provision for the construction of the roof-top lantern in accordance with the approved elevations, to be constructed within 5 years of the completion of Phase 1, or as part of the construction of Phase 2, whichever is sooner;

e) Provision mandating that the roof-top lantern be lit at night.

3. THAT the owner submits an Illumination Plan, prepared by a qualified electrical consultant, to the satisfaction of the Director of Planning and Urban Design and that such Illumination Plan may be subject to peer review at no cost to the Town.

4. THAT this endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing May 15, 2007, in the event that the site plan agreement is not executed within that period.