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

SUBJECT: RECOMMENDATION REPORT

Official Plan and Zoning By-law amendment applications by Box Grove Hill Developments Inc. to permit a service station and associated convenience retail uses and a stand alone restaurant within the northeast area of the Box Grove Community.

File No. OP 06 113600 & ZA 06 113759

PREPARED BY: Nilesh Surti, Planner, ext. 4190

East District Team

RECOMMENDATION:

THAT the Official Plan Amendment application (OP 06 113600) submitted by Box Grove Hill Developments Inc. to provide for a service station and associated convenience retail uses and a stand alone restaurant within the northeast area of the Box Grove Community, be approved and the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted;

THAT the Zoning By-law Amendment application (ZA 06 113759) to amend By-law 177-76, as amended, submitted by Box Grove Hill Developments Inc. to permit a service station and associated convenience retail uses and a stand alone restaurant within the northeast area of the Box Grove Community, be approved and the draft Zoning By-law Amendment attached as Appendix ‘B’, be finalized and enacted.

EXECUTIVE SUMMARY:

Not applicable

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 approval of the proposed Official Plan Amendment and Zoning By-law Amendment application submitted by Box Grove Hill Development Inc. to permit a service station and associated convenience retail uses and a stand alone restaurant within the northeast area of the Box Grove Community.

BACKGROUND:

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 draft approved in June 2006 (Figure 3) and is not yet registered. The site will have frontage on both Markham By-Pass Planned Link (Town Arterial Road) and on the extension of the employment collector road (Copper Creek Drive).

The lands are currently vacant. The proposed Markham By-Pass Planned Link (Town Arterial Road) will abut the property on the west side. Further west, across the proposed road, are rural lands that have been draft approved in June 2006 for residential development. To the east and to the north, across a future road, is a rural residential property located on lands designated for Business Park uses. To the south, the subject lands are bounded by the CN Railway Tracks. Across the railway tracks is the Bob Hunter Memorial Park.

Proposed Amendments

The applicant proposes to redesignate the subject lands from “Transportation and Utilities” and “Business Park Area” to “Business Corridor Area” to accommodate a service station and associated convenience retail use as well as a stand alone drive-through restaurant. The zoning is also proposed to be amended to permit these uses. A formal site plan control application has not yet been submitted. A conceptual site plan is attached as Figure 6.

OPTIONS/ DISCUSSION:

Secondary Plan, Community Design Plan and Zoning

The Box Grove Secondary Plan designates the vast majority of the subject lands “Transportation and Utilities”, with a small portion of the lands at the northeast corner being designated “Business Park Area”. These designations do not permit a service station use or a stand alone restaurant. Part of the lands are also identified in the Secondary Plan as an “Intersection Improvement Area”. The lands on the east side of the proposed Markham By-Pass Planned Link, south of Highway 407, west of Reesor Road and north of the CPR Havelock Railway Line, including a small portion of the subject lands at the northeast corner are designated “Business Park Area” in the Box Grove Secondary plan and have been denoted with a Regional Gateway symbol. This symbol 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. A future service station site is identified on lands designated Business Corridor Area at the northwest corner of the employment collector (Copper Creek Drive) and the proposed Markham By-Pass Planned Link right-of-way (Figure 5). Through a recent Environmental Assessment process for the proposed Markham By-Pass, the originally intended alignment for the By-Pass was shifted to the west, to address concerns of certain residents to the east. The slight re-alignment of the Markham By-Pass Planned Link has resulted in a re-alignment of the employment collector road (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 (the subject lands), on the east side of the proposed Markham By-Pass Planned Link, relatively isolated from the remainder of the Business Park lands.

The proposed amendment will redesignate the subject lands from “Business Park Area” and “Transportation and Utilities” to “Business Corridor Area” in order to provide for the proposed uses. See attached draft Official Plan Amendment, Appendix ‘A’.

The subject lands are zoned Business Park (Holding) [BP(H)] under By-law 177-76, as amended. To accommodate the proposed uses, the lands will be rezoned to Business Corridor (Holding) [BC(H)] and will include a site specific exception to permit the proposed service station and associated convenience retail use as well as a stand alone restaurant use. The Holding provision will continue to apply to the proposed By-law amendment to ensure that the Markham By-Pass Planned Link has been constructed to the satisfaction of the Town and a site plan agreement has been executed. See attached draft Zoning By-law Amendment, Appendix ‘B”.

A public meeting was held on May 15, 2007

On May 15, 2007 a public meeting was held to obtain public input on the subject applications. There were no written submissions or issues raised by Committee Members, area residents or other land owners at the Public Meeting.

Concerns and issues identified in the preliminary report have been addressed

The applicant has resolved the concerns/issues identified in the preliminary report on this matter, dated January 16, 2007, to the satisfaction of staff, as follows:

Appropriateness of the proposed uses

One concern that was raised in the preliminary report was the appropriateness of the proposed uses. As indicated above, the Box Grove Community Design Plan identified a service station at the northwest corner of the employment collector and the proposed Markham By-Pass Planned Link right-of-way. Relocating 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 Planned Link), to a less prominent location on the east side of the proposed Markham By-Pass Planned Link 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. Staff are of the opinion that redesignating the subject lands to “Business Corridor Area” to permit a service station and associated convenience retail use as well as a stand alone restaurant is appropriate, provided the permission at the northwest corner is deleted.

Potential for consolidation of the subject lands with the neighbouring parcel to the east

Another matter raised in the preliminary report was the potential for consolidation of the subject lands with the neighbouring parcel (approximately 0.5 ha, owned by others) immediately to the east. The lands immediately to the east are currently vacant and are designated for Business Park uses in the Official Plan and zoned for rural residential use. The applicant has informed staff that they have contacted the land owner immediately to the east and have been advised that they are not interested in redeveloping their property at this time.

Awaiting comments from the Ministry of Transportation

As indicated above, a small 0.107 ha (0.26 ac) portion at the north end of the subject property is denoted with a Regional Gateway symbol. However, given that only a small portion of the subject lands are affected by the Regional Gateway policies and since the future road contemplated immediately to the north will separate the subject lands from the vast majority of the Regional Gateway lands, staff are of the opinion that the proposed development will have minimal impact on the Regional Gateway lands. We recommend that the Official Plan Amendment and Zoning By-law Amendment be adopted and enacted by Council. The application has been circulated to the Ministry of Transportation for confirmation that the proposed development would not have any adverse impact on future plans for the Regional Gateway lands. The Zoning By-law includes a Hold, which can only be removed once the Town has received confirmation from the Ministry of Transportation that the subject lands are not required for Regional Gateway purposes in this area.

Conclusion

Staff are satisfied with the proposal and recommend that the Official Plan and Zoning Amendments be approved.

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable

ENVIRONMENTAL CONSIDERATIONS:

There are no significant vegetation or natural features on site.

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21^ST CONSIDERATIONS:

Proactive growth management is identified as a goal of the Town. The proposed service station and associated convenience retail use as well as a stand alone restaurant are considered to be appropriate uses for the property and will provide a necessary service to the growing Box Grove Community.

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 and Urban Design Commissioner, Development Services

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Zoning and Area Context

Figure 3 – Air Photo

Figure 4 – Portion of Phase 2 – 19TM-030012

Figure 5 – Community Design Plan

Figure 6 – Conceptual Site Plan

Appendix “A” – Draft Official Plan Amendment

Appendix “B” – Draft Zoning By-law Amendment

APPLICANT/AGENT

KLM Planning Partnership Inc.

c/o Roy Mason

65 Jardin Drive, Unit 1B

Concord ON L4K 3P3

Tel: 905-669-4055

Fax: 905-669-0097

File Path: Q:\Development\Planning\APPL\OPAPPS\06 113600 Box Grove Hill Gas Station\Recommendation Report.doc