Report to: Development Services Committee Report Date: September 4, 2007

SUBJECT: RECOMMENDATION REPORT

Hagerman-Corner Development Inc. (formerly Hagerman Village)

Duffield Drive, west of Kennedy Road

Applications for zoning by-law amendment and site plan approval for a restaurant development

FILES: ZA 06 135304 and SC 06 135327

PREPARED BY: Scott Heaslip,

Senior Project Coordinator

Central District

RECOMMENDATION:

That the staff report dated September 4, 2007, entitled: “RECOMMENDATION REPORT Hagerman-Corners Development Inc. (formerly Hagerman Village) – Duffield Drive, west of Kennedy Road – Applications for zoning by-law amendment and site plan approval for a restaurant development,” be received;

And that the record of the Public Meeting held on April 17, 2007 to consider the requested zoning by-law amendment, be received;

And that the application for Zoning By-law Amendment (ZA 06 135304), be approved as outlined in the staff report and the draft implementing zoning by-law amendment attached as Appendix ‘B’ be finalized and enacted;

And that site plan application (SC 06 135327) be endorsed in principle, subject to the conditions attached as Appendix ‘A’;

And that a Public Meeting be scheduled to consider a zoning by-law amendment to permit a day care centre/private school on the north side of Duffield Drive, west of Deverill Court.

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

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)

PURPOSE:

The purpose of this report is to discuss and recommend approval of an application to amend the Town’s zoning by-laws, and endorsement of an application for site plan approval for a proposed restaurant development on the south side of Duffield Drive, west of Kennedy Road. The report also recommends that Committee authorize the scheduling of a Public Meeting to consider an amendment to the Town’s zoning by-laws to permit a day care centre/private school on the north side of Duffield Drive.

BACKGROUND:

Subject Lands and Area Context

The subject application as originally submitted applied to all of registered plan of subdivision 65M-2919, located along Duffield Drive, west of Kennedy Road. (Figure 3) The lands have a combined area of 4.1 hectares (10 acres) and currently support two buildings – 7828 Kennedy Road, a two storey, 3165 m² (34,068 ft²) office building, and 7866 Kennedy Road, a one storey, 4390 m² (47,255 ft²) building occupied by the First Choice Supermarket (formerly Big Land Farm). The remainder of the site is vacant.

Surrounding uses include single detached dwellings to the east across Kennedy Road, the CN Rail York subdivision line to the north, existing industrial buildings and a banquet hall (under construction) to the west, a condominium townhouse development (Maple Park Way) to the south-west, and existing homes converted to office use to the south-east.

Official Plan and Zoning

The easterly portion of the subject lands, occupied by the existing buildings, is designated “Industrial – Business Corridor Area.” The westerly (vacant) portion is designated “Industrial – General Industrial Area.”

The planned function of the “General Industrial Area” designation is to accommodate activities related to manufacturing, processing, repair and servicing, warehousing and similar such uses. Complementary uses to serve employee and business needs, including restaurants, are provided for by this designation.

The planned function of the “Business Corridor Area” designation is to accommodate a mix of high quality business activities, including offices, service uses and restaurants, primarily in corridors along major road frontages adjacent to road frontages.

The portion of the lands occupied by the office building is zoned “Business Corridor” (B.C.). The portion occupied by the supermarket building is zoned “Select Industrial and Limited Commercial” [M.C.(60%)]. The remaining (vacant) portion is zoned Select Industrial and Limited Commercial [M.C.(40%)].

The B.C. zoning permits limited restaurant use. The “Select Industrial and Limited Commercial” zoning does not permit restaurant uses.

OPTIONS/ DISCUSSION:

Original submission requested restaurant uses on north and south sides of Duffield Drive

The applicant’s original proposal (Figure 4) comprised a total of seven 1-storey multiple tenant buildings, having a combined floor area of 5018 m² (54,015 ft²), all to be occupied entirely by restaurant uses.

Staff expressed concern with number and scale of restaurant uses

The preliminary staff report expressed concern with the number and scale of restaurant uses proposed within the “General Industrial Area” portion of the lands in the context of the planned function for the “General Industrial Area” designation. The report encouraged the applicant to reduce the restaurant component and broaden the mix of uses to include offices and other permitted uses that better support the planned function of the “Industrial” designation.

Committee expressed concerns at Public Meeting

A Public Meeting was held on April 17, 2007 to consider the requested zoning by-law amendment. Members of Committee expressed concern with respect to potential traffic impact, adequacy of the parking supply, and impact on the Town’s supply of employment land. No members of the public spoke at the meeting.

In response to concerns applicant has scaled restaurant proposal back and increased the mix of uses

In response to the concerns of Committee and staff, the applicant has scaled the restaurant project back to two buildings at the south-west corner of Duffield Drive and Deverill Court (see Figures 5 and 6). These two buildings have a combined floor area of 2829 m² (30,452 ft²), which represents approximately 56% of the restaurant floor area of the original proposal, and will accommodate up to 17 restaurant units. Approximately 226 parking space will be provided in accordance with the Town’s parking standards.

The applicant advises that the long term plan for the remainder of the subject lands is as follows:

• The Montessori day care centre currently located in the applicant’s office building facing Kennedy Road wishes to expand into a larger free standing facility. The applicant is considering constructing a building for the school on the north side of Duffield Drive, west of Deverill Court, on lands previously proposed for restaurant use.
• The lands at the south-east corner of Duffield Drive and Deverill Court, which are currently occupied by the outdoor play area for the Montessori school, will be developed for uses permitted by the current “Business Corridor” zoning when they are no longer required by the school, conditional on the school use relocating to the north side of Duffield Drive. The “Business Corridor” zoning permits offices and a range of other commercial uses.

The applicant is encouraged to continue to pursue other permitted uses supportive of the planned function for both the proposed buildings and future phases.

The applicant has requested that the rezoning to permit the relocation of the Montessori school to the north side of Duffield Drive be processed as a component of the subject rezoning application. In consideration of the applicant’s cooperation in reducing the overall scale of the restaurant development, and that the lands are included in the subject application, staff support the applicant’s request. An additional public meeting will be required to consider there zoning for the school use, which is permitted by the Official Plan at this location.

Technical requirements have been addressed by applicant

The technical issues identified by Town departments have been addressed as follows:

• The applicant submitted a traffic study which concluded that the traffic generated by the original proposal will not require any improvements to the area street system. The reduced restaurant floor space will have a significantly lower traffic impact.
• The applicant has undertaken the downstream sanitary sewer flow monitoring requested by the Engineering Department and has confirmed to the satisfaction of staff that there is sufficient capacity to accommodate the proposed development.
• The applicant has eliminated the previously proposed on-street parking bays, which were an operational concern to the Street Services Department.

Project plans are acceptable

The proposed buildings are sited close to Duffield Drive, providing a strong built form edge along the street and screening the surface parking from view. Although the buildings are one storey, they include a raised parapet to provide close to a two storey massing. The buildings will be primarily faced with reddish brown coloured brick. The Duffield Drive frontage is pedestrian friendly with windows and doors opening onto a wide sidewalk and a small entrance square. The square acts as a forecourt to a two storey entrance feature, welcoming visitors to the interior storefronts. The storefronts facing the internal parking lot are weather protected by continuous colonnades with metal roofs, which provide visual coherence and continuity to the buildings.

The applicant has collaborated with the Town Architect in making positive changes to the original proposal, including relocating the garbage room away from the Duffield Drive frontage and providing a screen wall along the western boundary line to minimize views from the street into the rear of the western building. Staff are satisfied with the plans subject to some minor refinements that can be incorporated into the final plan submission.

Draft Zoning By-law amendment

The draft zoning by-law amendment (Appendix ‘B’) applies only to the lands to be occupied by the restaurant uses. It permits restaurants in addition to the currently permitted industrial and office uses, and updates the development standards (setbacks, landscaping and loading) as required to permit the proposed development.

FINANCIAL TEMPLATE (external link):

None at this time.

ENVIRONMENTAL CONSIDERATIONS:

None at this time.

ACCESSIBILITY CONSIDERATIONS:

None at this time.

ENGAGE 21^ST CONSIDERATIONS:

The proposed development will assist with the implementation of the following key Town of Markham Corporate Goals: Economic Development and Infrastructure Management.

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to all relevant departments and outside agencies. The requirements of departments and agencies will be incorporated into the final project plans and secured in the site plan agreement.

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:

Figure 1 – Location Map

Figure 2 – Area Context

Figure 3 – Air Photo

Figure 4 – Site Plan submitted with application

Figure 5 - Site plan – current proposal

Figure 6 – Elevations – current proposal

Contact: Ben Quan

QX4 Investments Limited

17 Bauer Crescent

Markham, Ontario

L3R 4H3

Tel: (416) 564-0351

Fax: (905) 479-4517

Email: b.quan@rogers.com

File path: Q:\development\planning\appl\zoning\ZA 06 135304\Hagerman final report.doc

APPENDIX ‘A’

Conditions of site plan approval

1. That the Owner enter into a site plan agreement with the Town containing all standard and special provisions and requirements of the Town and the specific requirements identified in the staff report.

2. That the site plan agreement include provisions for payment by the Owner of all applicable fees, recoveries and development charges, and cash-in-lieu of parkland dedication.

3. That prior to the execution of the site plan agreement, the Owner shall submit final site plan and building elevation drawings which include building materials, colours and details, for approval by the Director of Planning and Urban Design or her designate.

4. That prior to the execution of the site plan agreement, the Owner shall submit Landscape Plans, including streetscape details, prepared by a Landscape Architect having membership with the Ontario Association of Landscape Architects for approval by the Town. The landscaping shall be installed properly, cared for and maintained to the satisfaction of the Town.

5. That the Owner provide and implement a detailed stormwater management plan, including quality control measures/devices to the satisfaction of the Director of Engineering.

6. That the location, size and construction of all refuse storage areas and recycling facilities, and arrangements for waste collection be to the satisfaction of the Town of Markham Waste Management Department.

7. That provisions for Fire Routes, yard hydrants, siamese connections and other emergency access requirements be to the satisfaction of the Town Fire Department.

8. That provision for snow storage, sidewalk alignment and maintenance be to the satisfaction of the Town’s General Manager of Operations and Director of Engineering.

9. That the Owner pay for all costs associated with the relocation of utilities within the right-of-way, as may be required.

10. That the Owner provide and implement erosion control measures during construction and obtain a Topsoil Removal Permit to the satisfaction of the Director of Engineering.

11. That the Owner comply with all requirements of the Town and authorized public agencies, including Power Stream, to the satisfaction of the Commissioner of Development Services.

12. That the site plan agreement provide for the installation of odour control units within all restaurant uses.

13. That the applicant reconstruct the Deverill Court cul-de-sac to Town standards, including the conveyance of any required lands, at no cost to the Town. The applicant may be required to enter into a separate development agreement with the Town to secure these works.