Report to: Development Services Committee Report Date: June 19, 2007

SUBJECT: RECOMMENDATION REPORT

Loblaw Properties Limited

Application for Site Plan Approval to permit a large format retail plaza on the north side of Major Mackenzie Drive between Markland Street and Woodbine Avenue in the West Cathedral Community

File SC 06 117834

PREPARED BY: Ron Blake, Development Manager, ext. 2600

West District Team

RECOMMENDATION:

That the report dated June 19, 2007, entitled, “Loblaw Properties Limited, application for Site Plan Approval to permit a large format retail plaza on the north side of Major Mackenzie Drive between Markland Street and Woodbine Avenue in the West Cathedral Community”, be received;

That the Site Plan Application (File No. SC 06 117834) submitted by Loblaw Properties Limited to permit a large format retail plaza on the north side of Major Mackenzie Drive between Markland Street and Woodbine Avenue in the West Cathedral Community be endorsed in principle, subject to the conditions attached as Appendix ‘A’.

That site plan endorsement be delegated to the Director of Planning and Urban Design or her designate, to be issued following resolution of: final survey of the floodline and environmental buffer; required widenings of the Major Mackenzie Drive road allowance; approval of the required background studies in support of the application; resolution of the configuration of the fire station site; completion of the Markland Street design and right of way requirements; and satisfactory completion of any additional revisions to the site plan arising from the above noted items;

That site plan approval be issued following execution of a site plan agreement. Site Plan Approval is issued only when the Director has signed the site plan.

And That staff be directed to do all things necessary to complete the fire station land transfer, and that the Mayor and Clerk be authorized to execute all transfer documents

EXECUTIVE SUMMARY:

The subject application is for a 15,869 sq. m. (170,813 sq. ft.) large format retail centre on the portion of the Loblaw Properties Ltd holdings between Woodbine Avenue and the East Carleton Creek flood plain to the east, Major Mackenzie Drive to the south and a proposed extension of Markland Street to the west. The proposed development also incorporates a proposed fire station site at the south east corner of the property (to be conveyed to the Town), a flood plain/environmental buffer area which is to be re naturalized and conveyed to the Town, and commencement of construction of the northern extension of Markland Street, located immediately west of the subject site plan application. Conveyance of the fire station site will be subject to a separate agreement of purchase and sale between the owner and the Town. The conveyance and naturalization of the flood plain and conveyance and construction of Markland Street, and the requirement for the owner to enter into agreements related to these works, are subject to a separate severance application.

While staff are of the opinion that the site plan is sufficiently advanced to warrant endorsement in principle at this time, several key items must be resolved prior to full endorsement of the site plan. These include:

§ Confirmation of final Major Mackenzie Drive right of way by York Region;

§ Final survey of the location of the proposed flood line and environmental buffer by TRCA;

§ Final approval of the Markland Street right of way and design by the Town;

§ Confirmation of the final size and configuration of the fire station site by the Town;

§ Approval of the background studies in support of the site plan application by the Town.

Staff anticipate that these approvals will be issued shortly by the relevant Town Departments and public agencies.

FINANCIAL CONSIDERATIONS:

The construction of Markland Street from Major Mackenzie Drive to the northern boundary of the property, which will proceed concurrently with development of the subject site plan application pursuant to a separate severance application, will be funded by Loblaw Properties Limited and any DC credit will be recognized in the Development Agreement required as a condition of the severance application.

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

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

PURPOSE:

The purpose of this report is to recommend endorsement in principle of a site plan application submitted by Loblaw Properties Limited to permit a large format retail plaza on the north side of Major Mackenzie Drive between Markland Street and Woodbine Avenue in the West Cathedral Community. Loblaw Properties Inc intends to sell the subject property to another party (Fieldgate Commercial). Canadian Tire will be the anchor tenant in this development, which will also include a variety of smaller restaurants, banks and retail shops fronting onto the roads surrounding the site. The proposed Loblaws store will be located on another site between Highway 404 and Markland Street, which will be developed in a later phase. The Town has not yet received a site plan application for the Loblaws store.

BACKGROUND:

Property and Area Context

The subject lands are located on the north side of Major Mackenzie Drive between Markland Street and Woodbine Avenue (See Figure 1). The 9.32 ha (23.02 ac) site includes a 2.93 ha (7.24 ac) floodplain/environmental buffer, to be conveyed to the Town, located at the north west corner of the Major Mackenzie Drive/Woodbine Avenue intersection. In addition, a 0.4 ha (1 ac) parcel will be sold to the Town as a location for a future fire hall. This parcel is located immediately adjacent to the floodplain/environmental buffer, with direct frontage on Major Mackenzie Drive. The proposed retail plaza, covering 6.39 ha (15.78 ac), will be located between the floodplain and Markland Street on the table land portion of the site. This portion of the site will be sold to Fieldgate Commercial, who will construct the proposed retail plaza.

The lands subject to this application are presently vacant, and treed areas are limited to the floodplain/environmental buffer area.

Existing low density residential neighbourhoods are located on the south side of Major Mackenzie Drive (the Woodbine North Community) and the east side of Woodbine Avenue (the East Cathedral Community). A low density residential neighbourhood (the Majorwood subdivision), located immediately north of the proposed plaza, has recently received draft plan approval. Existing and proposed employment lands are located west of Markland Street along the Highway 404 Corridor

Proposal is for a large format retail plaza

The proposed development includes a total of 15,869 sq. m. (170,813 sq. ft.) (gross floor area) of retail space distributed over 7 buildings (see Figure 4, Site Plan and Figures 5 to 10, Elevations). The largest building, housing a Canadian Tire store, service centre and garden centre, will be located at the north end of the property and will have a floor area of 9,011 sq. m. (97,000 sq. ft.). The remaining buildings will be located along the Markland Street and Major Mackenzie Drive frontages of the property, and will be interspersed with surface parking areas. They will accommodate a variety of chain restaurants, retail banks, service and convenience shops and a Shoppers Drug Mart in both stand-alone and multiple unit buildings. One drive-thru facility (Swiss Chalet) will be located mid-way along the Markland Street frontage of the property. The proposed fire hall layout (shown as building E1 on Figure 4) is intended to be conceptual and will be finalized and constructed by the Town.

The site plan proposes four vehicular entrances into the property, two each off Major Mackenzie Drive and Markland Street. The Major Mackenzie Drive entrance opposite Nichols Blvd. (located opposite to an existing entrance into the residential neighbourhood to the south), will be signalized and will provide for full turning movements. A second access, located east of Markland Street, will provide for right-in/right-out movements only. Along Markland Street, a main entrance is proposed approximately 100 metres north of the Markland Street/Major Mackenzie Drive intersection and is proposed to accommodate full turning movements except for a left-out movement. A second access, at the northern boundary of the property, is intended for delivery vehicles only and will be limited to right in turning movements to limit the potential for infiltration of truck traffic into the residential neighbourhood to the north.

The two internal entrance driveways off Major Mackenzie Drive, and the mid-block entrance off Markland will also serve as the primary pedestrian access routes into the site, and will accommodate sidewalks and street tree planting. A number of secondary pedestrian access points will also be provided along the length of the road frontages, to provide convenient access to individual retail and restaurant pads.

The site plan proposes a total 859 parking spaces whereas the parking by-law requires a total of 858 spaces under the shopping centre parking standards.

History of the application

Loblaw Properties Limited submitted applications for Official Plan and Zoning By-law Amendments in March 2004. The subject lands were designated Business Corridor and Community Amenity Area by the Markham Official Plan and the Cathedral Community Secondary Plan, which provided for a wide variety of retail uses but, at the time, limited the floor areas of individual retail stores to a maximum of 6,000 sq. m. Subsequent Town-initiated amendments to the Business Corridor policies have reduced this cap to 1,000 sq. m. generally, with a permission to increase this cap to 3,000 sq. m. in the case of computer or business supply stores. Amendments to the Official Plan were therefore required to permit the proposed large format stores. In June 2005, Council refused the applications, and the owner appealed to the Ontario Municipal Board.

After the appeal was filed, the Town and the applicant continued discussions in order to achieve a mutually acceptable resolution of the outstanding land use and planning issues. In December 2005, the appeals were heard by the Board on consent between the parties. The key elements of the agreement between the parties, as it applies to the subject site plan application included:

§ Provision of a high level of urban design on the subject lands and placement of a number of buildings at the street;

§ Design of building elevations must be consistent with a corporate business park setting rather than a suburban residential design;

§ No restaurants fronting Major Mackenzie Drive will be permitted to have drive-thru facilities;

§ The site plan will provide for enhanced landscaping on the property, with a minimum 6 m wide landscape strip along the Major Mackenzie Drive frontage of the subject lands;

§ Provision for up to 1 acre to the Town for a fire station on the subject lands, in a configuration satisfactory to the Town;

§ Contribution of $50,000 prior to execution of the first site plan agreement to be used towards the implementation of traffic calming measures in the vicinity of the subject site. With regard to this settlement item, the owner will be required, as a condition of site plan approval, to deposit this fee with the Town prior to execution of the site plan agreement and final approval of the site plan.

In addition, the Board approved Official Plan and Zoning By-law Amendments to permit the proposed development.

In June 2006, the owner submitted the subject site plan application for the portion of the retail development east of Markland Street. The discussion section of this report reviews how the site plan satisfies the requirements of the minutes of settlement, among other matters.

Furthermore, in March 2007, the owner filed an application to sever the existing Loblaw property (which currently extends from Highway 404 to Woodbine Avenue) to allow for the creation of the Markland Street road allowance, the retail plaza site, the fire hall site and the floodplain/environmental buffer area. It is important to note that the conditions of severance require the Owner to enter into a development agreement with the Town to address a variety of items including construction of Markland Street, provision of key infrastructure; major public sewer and water services peripheral to this site plan application; and revegetation and naturalization of the floodplain, among other matters.

Finally, the Town is undertaking a Environmental Assessment Study for a future extension of the Highway 404 off-ramp extension north of Major Mackenzie Drive. This roadway will extend through the western portion of the Loblaw holdings, between Highway 404 and Markland Street, which is not part of the subject site plan application. The conditions of approval for the severance application require the Owner to enter into an agreement with the Town regarding the conveyance of the Highway 404 off-ramp extension, in accordance with the Minutes of Settlement approved by the Ontario Municipal Board.

Official Plan and Zoning

The western portion of the subject lands are designated Community Amenity Area in the Markham Official Plan and Community Amenity/Business Area in the Cathedral Community Secondary Plan (OPA 42), as amended. Generally, the secondary plan provides for a wide variety of retail and commercial uses in the Community Amenity/Business Area designation, within the general context of the Community Amenity Area designation in the Markham Official Plan. In addition, site specific policies delete the maximum floor area cap of 6,000 m² for individual retail establishments; prohibit automobile service stations, car washes and drive-thru restaurants (adjacent to Major Mackenzie Drive); and permit only one automobile repair use (this is accessory to the Canadian Tire Store) and one retail use involving accessory outdoor storage and/or display for a garden centre on this site.

This portion of the site is zoned Major Commercial * 295 [MJC*295] by By-law 177-96 as amended, with site-specific provisions to permit one motor vehicle repair garage; one retail store up to 10,000 m² of net floor area with accompanying outdoor display and sales area (the outdoor garden centre associated with the Canadian Tire Store); and restrictions on the location of drive-thrus and the repair garage (they must be located a minimum of 45 metres away from Major Mackenzie Drive).

The hazard land/environmental buffer portion of the site is designated Hazard Land in the Markham Official Plan and Cathedral Community Secondary Plan and is zoned OS1 by By-law 177-96 as amended. No structures are permitted within this designation or zone.

The proposed development complies with the site-specific Official Plan provisions and Zoning requirements.

OPTIONS/ DISCUSSION:

Shopping centre layout and building elevations support Town’s urban design objectives

Staff have worked closely with the applicant to refine the site plan and elevations (Figures 4 to 10) to meet key urban design objectives, including enhancing pedestrian access into the site; reducing visual impact of parking areas; and strengthening and enhancing the relationship between perimeter buildings and adjacent roads.

Staff have identified the two north south driveways accessing Major Mackenzie Drive as key pedestrian access routes within the site. These driveways, in particular the eastern driveway that serves as a signalized extension to Nichols Boulevard, provide direct linkages between the shopping centre and the residential neighbourhood to the south. In order to provide an attractive pedestrian environment along the main eastern access route, the site plan proposes a 1.8 m wide sidewalk on one side and a 3m wide tree planting strip on the opposite side. This layout is also reflected in the secondary pedestrian access route along the western north south driveway, with a 1.5 m wide walkway and a 3 m tree planting strip on the other side. Elsewhere on the site, pedestrian walkways are provided along the main east-west entry drive off Markland Street (which abuts the proposed Canadian Tire building) and a secondary east-west pedestrian route along the north side of the buildings fronting Major Mackenzie Drive.

To partly screen the large surface parking areas, the site plan shows a continuous 6 m wide landscape strip along the Major Mackenzie Drive frontage of the site and a 4 m wide strip along Markland Street. In addition, staff have requested that 1.2 m high masonry walls be provided wherever parking areas abut street frontages, to further screen parked cars from view. This requirement also applies to the proposed drive-thru facility, which abuts Markland Street immediately south of the main east-west entry driveway.

Finally, staff have worked closely with the applicant to enhance building elevations that abut public roads and entry driveways. Proposed elevations along these key frontages include, wherever possible, pedestrian entry features; extensive use of clear glass to provide views into the buildings; use of a variety of surface materials, colours and architectural details; and provision of patios and outdoor seating areas. The objective is to animate the street frontages of buildings as much as possible. Buildings have been designed to reflect a coordinated palette of colours and materials. Each building façade will include a base layer of light coloured stone, a middle façade of brick, and a beige pre-cast parapet at the top. While the specific layout of these materials will vary somewhat between buildings, staff and the applicant have worked closely to ensure that the buildings present a unified theme. Staff are continuing to work with the applicant to refine the elevations of the Canadian Tire Store, in particular with regard to the proposed colour scheme. Figure 10 shows the architects renderings for the building frontages, including proposed signage areas. The applicant will be presenting coloured renderings at the June 19^th meeting.

Easements are required for a watermain and sanitary sewer

Easements across the fieldgate property are required to accommodate a Town watermain and sanitary sewer to service the Majorwood subdivision to the north. These easements will roughly follow a north/south line from the terminus of Nichols Boulevard south of Major Mackenzie Drive and the northern boundary of the site east of the Canadian Tire property. Conveyance of these easements will be required as a condition of site plan endorsement.

The site plan incorporates a proposed fire station site, to be conveyed to the Town

The minutes of settlement of the OMB matter required the owner to set aside a fire station site, no more than 0.47 ha (1 ac) in size, which would meet the Town’s configuration requirements. Staff have reviewed the proposed fire station site and have determined that it can satisfactorily accommodate a fire station in its current configuration. Because the proposed site is located adjacent to the flood plain area, engineered fill will be required on part of the site to ensure adequate foundation support, grading and drainage. In addition, approximately 3 m of a required sanitary easement (totaling 6 m in width) will be located along the western boundary of the proposed fire station site. The sanitary sewer will be accommodated in a trench, to be located adjacent to the western footing of the fire station site. Engineering staff have advised that this configuration is acceptable. Staff will negotiate with the owner for appropriate compensation for additional fire station construction costs associated with this trench.

York Region has not yet signed off on the site plan

The proposed fire station site fronts onto Major Mackenzie Drive and is located adjacent to the floodplain/environmental buffer. York Region has indicated that an additional 2 m road widening will be required along the Major Mackenzie Drive frontage of the site. Town Staff are still waiting for confirmation from the Region about whether or not the site plan accurately reflects this additional widening. If the widening is not reflected in the site plan, it will impact the size of the fire station site and reconfiguration of the fire station site may be required. Additional widenings could also impact the width of the landscape buffer required along Major Mackenzie Drive. As currently proposed, the width of the landscape strip is 6 metres, the minimum set out in the minutes of settlement. Additional road widenings would impact the landscaping and/or overall site layout. Staff recommend that endorsement of the site plan, and conveyance of the Fire Station site, be deferred until these issues have been resolved to the Town’s satisfaction.

The Owner is proposing to re-engineer the floodplain and environmental buffer

In 2004, the West Cathedral Landowners Group prepared an Environmental and Stormwater Master Plan and Environmental Impact Study on a community wide basis. Among other things, this study identified limits of hazard lands and environmental buffers throughout the community. The boundaries identified in this study were reflected in the boundary of the OS1 zone set out in the site-specific zoning by-law amendment approved by the Ontario Municipal Board. Since this time, the TRCA has identified a new regional flood line on the subject lands, which extends, in some areas, well to the west of the current OS1 zone boundary.

The owner has proposed to re-grade the existing slopes of the floodplain, to create a new regional flood line that closely reflects TRCA’s earlier flood line mapping and the approved OS1 zone boundary. As part of the re-engineering of the floodplain, the owner will be required to re-vegetate and naturalize the floodplain (this requirement has been set out as a condition of severance).

TRCA, in a letter dated June 14, 2006, indicated that they concurred, in principle, with this approach but required further technical documentation in support of the application. The owner submitted the required technical reports to the Town and TRCA in March 2007. Town Engineering staff have reviewed the owner’s proposed re-grading plans for the floodplain, and generally concur. TRCA has advised that they concur with the portion of the floodplain abutting the fire station site, but are still reviewing the area to the north. Since changes to the proposed floodplain/environmental buffer could have impacts on the ultimate configuration of parking areas and retail buildings, staff recommend that endorsement of the site plan be deferred until TRCA have confirmed the proposed boundary adjacent to the Fieldgate portion of the site.

Noise mitigation measures and screening along northern property boundary

The applicant is proposing to locate the delivery truck driveway and the loading area for the Canadian Tire store (Building A1 on Figure 4) along the northern boundary of the property which abuts the rear yards of future residential lots in the proposed Majorwood Subdivision to the north. Staff have indicated that this driveway is acceptable, provided that turning movements are restricted to right-in, left-out, to prevent infiltration of truck traffic into the residential neighbourhood to the north. The applicant has prepared a noise study which indicates that noise barriers would not be required adjacent to the residential lots, provided that truck deliveries are restricted to daytime hours. However, the Town has no means of enforcing such a restriction. Staff have requested, and the applicant has agreed to install appropriate noise barriers along this interface. In addition, a row of tall, columnar trees will be required in the landscape strip along the northern boundary of the property to screen this loading area and the retail buildings from the residential area.

Requested studies have been submitted but require further review

The applicant has submitted all required background studies, including noise study, site servicing and grading, stormwater management, traffic study and the assessment of proposed revisions to the Carleton Creek floodline. These studies have been reviewed by staff, and revisions are required. With respect to the floodline study, staff are generally satisfied, but sign off from TRCA is still required.

Markland Street road allowance width not yet confirmed

The Town is currently reviewing initial designs for Markland Street prepared by the owner. The ultimate right of way width has not yet been finalized, and consequently, engineering staff are of the opinion that the western boundary of the subject site, which abuts Markland Street, could be revised through the Markland Street design process. Staff therefore recommend that endorsement of the site plan be deferred until the final design of Markland Street has been approved.

Off-site works have been addressed as conditions of severance

There are a number of works that have been identified in the severance application and are required as conditions of severance approval. These include a requirement to enter into a development agreement regarding the construction of Markland Street and associated infrastructure; and landscaping and naturalization of the valleyland. As a result these requirements have not been addressed in the conditions of site plan approval.

Fire Department has requested changes to the site plan

The Fire Department has identified several changes that need to be made to the site plan including revisions to the parking area to accommodate fire routes, the design of certain fire routes in the proposed centre, and identification of fire fighting infrastructure on the site plan.

Conclusion

Staff are generally satisfied with the proposed development, and recommend that it be endorsed in principle subject to resolution of the matters outlined in this report and the conditions attached in Appendix “A”.

FINANCIAL TEMPLATE: (external link)

None at this time.

ENVIRONMENTAL CONSIDERATIONS:

The applicant has agreed to re-vegetate and naturalize the floodplain as a condition of severance, which will contribute to the environmental quality of the proposal.

ACCESSIBILITY CONSIDERATIONS:

The site plan shows a total of 21 parking spaces for the physically disabled, in accordance with the Parking By-law, located generally close to the building entrances. In addition, barrier free pedestrian connections from the building entrances to the parking area and to the municipal sidewalks on Major Mackenzie Drive and Markland Street have been provided.

ENGAGE 21^ST CONSIDERATIONS:

Proactive growth management is identified as a goal of the Town and good urban design is seen as critical to this. The design of the proposed development is consistent with the Town’s high quality design requirements.

BUSINESS UNITS CONSULTED AND AFFECTED:

The site plan application submitted by the applicant has been circulated to various departments and external agencies. Requirements of the Town and external agencies have been reflected in the preparation of this report and conditions of approval.

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/Zoning

Figure 3 – Air Photo 2005

Figure 4 – Site Plan

Figure 5, 6, 7, 8, and 9 – Elevations

Figure 10 – Architect Rendering

Appendix ‘A’ – Conditions of Site Plan Approval

OWNER: Loblaw Properties Limited

c/o Stephen Thompson, Senior Manager

1 President’s Choice Circle

Brampton ON L6Y 5S2

Tel: 905-459-2500

Fax: 905-861-2617

AGENT: Richard Zelinka

Zelinka Priamo Ltd.

318 Wellington Rd.

London ON N6C 4P4

Tel: 519-474-7137

Fax: 519-474-2284

Debbie Pacchiarotti

Fieldgate Commercial

5400 Yonge Street

Suite 501

Toronto ON M2N 5R5

Tel: 416-227-9005 ext 438

Fax: 416-227-9007

File Path: Q:\Development\Planning\APPL\SITEPLAN\06 117834 Loblaws Fieldgate\fieldgate site plan report.doc

APPENDIX A

Conditions of Site Plan Approval

Loblaw Properties Ltd.

2934 Major Mackenzie Drive East

1 That prior to endorsement of the site plan:

a) The Region of York confirm in writing that they are satisfied with the site plan;

b) The Toronto and Region Conservation Authority confirm in writing that they are satisfied with the site plan, and the final survey of the floodplain and environmental buffer;

c) The required background studies are completed to the satisfaction of the Commissioner of Development Services;

d) That the Chief Administrative Officer is satisfied with the size of configuration of the Fire Station site;

e) That the design of Markland Street has been completed to the satisfaction of the Director of Engineering;

f) That any required revisions to the site plan and elevations have been completed to the satisfaction of the Commissioner of Development Services.

2 That prior to execution of the site plan agreement, the owner contribute $50,000 to the Town, to be used towards the implementation of traffic calming measures in the vicinity of the subject site

3 That prior to final approval of the site plan:

a) The final site plan and elevation drawings be submitted to the satisfaction of the Commissioner of Development Services;

b) That a Landscape Plan, prepared by a Landscape Architect having O.A.L.A. membership, be submitted to the satisfaction of the Commissioner of Development Services;

c) That the owner enter into a Developer’s Group Agreement with the West Cathedral Landowner’s Group, and that the applicant submit a letter from the Trustee confirming that they are members in good standing with the Landowner’s Group;

d) That the Owner execute a site plan agreement with the Town, containing all standard and special provisions and requirements of the Town and public agencies, including provisions for the conveyance to the Town of the required easements for a public water main and sanitary sewer through the site.

4 That the Owner comply with all requirements of the Town and authorized public agencies, to the satisfaction of the Commissioner of Development Services;

5 And that this endorsement shall lapse and final approval will not be issued, after a period of three years commencing June 19 2007, in the event a site plan agreement is not executed within that period.