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

SUBJECT: RECOMMENDATION REPORT

Petro Canada

4641 Highway 7

South-west corner of Highway 7 and Kennedy Road

Applications for zoning by-law amendment and site plan approval to permit an automobile service station

FILES: ZA 07 107606 and SC 07 107701

PREPARED BY: Scott Heaslip, ext. 3140

Senior Project Coordinator,

Central District

RECOMMENDATION:

That the report dated September 4, 2007 entitled “RECOMMENDATION REPORT - Petro Canada - South west corner of Highway 7 and Kennedy Road - Applications for zoning by-law amendment and site plan approval to permit an automobile service station,” be received;

And that the record of the Public Meeting held on May 15, 2007 to consider the requested zoning by-law amendment, be received;

And that the application for Zoning By-law Amendment (ZA 07 107606) be approved as outlined in the staff report and the draft implementing zoning by-law attached as Appendix ‘A’ be finalized and enacted;

And that the application for site plan control approval (SC 07107701) be endorsed in principle, subject to the conditions attached as Appendix ‘B’;

And that site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued once the conditions outlined above have been satisfied. Site Plan approval is issued only when the Director has signed the site plan;

And that endorsement of the site plan application shall lapse and site plan approval will not be issued, after a period of three years commencing September 4, 2007, in the event that the site plan agreement is not executed within that period;

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.

By-law amendment required

The current zoning of the property does not permit convenience retail and restaurant (coffee shop) uses. The applicant is requesting these uses to be added to the list of permitted uses for the property. The applicant is also requesting that the development standards and parking requirements of the by-law be amended to reflect the proposed development.

No Public Concerns

A Public Meeting was held on Tuesday May 15, 2007 to consider the requested zoning by-law amendment. No members of the public attended the meeting.

Technical requirements have been addressed by the applicant

The technical issues identified by Town departments and public agencies have been addressed, as follows:

The road widening requirements of the Region of York have been incorporated into the project plans.
The TRCA has identified “a very minor area of encroachment” into the floodplain at the access driveway onto Highway 7. The applicant will therefore be required to obtain a permit from the TRCA pursuant to Ontario Regulation 166/06.
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.

Design issues have been resolved to the satisfaction of staff

The applicant has worked very constructively with the Town Architect to upgrade the project plans as follows:

The visual impact of the drive through facility has been softened through the addition of a canopy feature over the drive through window and a complementary arcade feature partially enclosing the stacking lane. (See Figures 6 and 7)
Higher quality stone facing materials have been extended around the majority of the corner building.
Paved areas not required for vehicle manoeuvring have been replaced with landscaping.

Staff are satisfied with the plans subject to some very minor refinements that can be incorporated into the final plan submission.

Draft Zoning By-law amendment

The draft zoning by-law amendment (Appendix ‘B’) adds convenience retail and restaurant uses to the list of permitted uses, updates the outdated development standards (building setbacks, landscaping, etc.) of the current zoning, and reduces the required number of parking spaces from 19 to 15, which is considered adequate for the development.

None at this time.

ENVIRONMENTAL CONSIDERATIONS:

None at this time.

ACCESSIBILITY CONSIDERATIONS:

None at this time.

ENGAGE 21ST CONSIDERATIONS:

The proposed development has no impact on any of the Engage 21^st Century Corporate Goals.

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to all relevant departments and outside agencies. The requirements of Town department and public agencies will be secured in the required 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

Figure 1 - Location Map

Figure 2 - Area Context

Figure 3 - Air Photo

Figure 4 - Proposed Site Plan

Figure 5 – Perspective from Highway 7

Figure 6 – Perspective of corner building showing drive through facility

Figure 7 – Perspective from vehicle entrance to drive through facility

Appendix ‘A’ – Draft zoning by-law amendment

Appendix ‘B’ - Conditions of site plan approval

Contact Murray Evans

Evans Planning

8481 Keele Street, Unit 12

Vaughan, Ontario

L4K 1Z7

Tel: (905) 669-6992

Fax: (905) 669-8992

Email: evansplanning@sympatico.ca

File path: Q:\development\planning\appl\zoning\ZA 07 107606\final report

APPENDIX ‘B’

Conditions of site plan approval

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

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.

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.

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.

That the site plan agreement include provisions requiring the Owner to maintain the “daylight triangle” area at the intersection of Highway 7 and Kennedy Road.

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

That the Owner obtain all necessary approvals from the Regional Municipality of York Transportation and Works Department and convey any lands required by the Region for road widening purposes.

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.

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

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.

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

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.

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.

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

That the Owner obtain a permit from the TRCA for any works within the regulatory flood plain.