Report to: Development Services Committee Report Date: February 5, 2008

SUBJECT: PRELIMINARY REPORT

1027174 Ontario Ltd. & 1482058 Ontario Ltd.

Application for Zoning By-law Amendment to permit local commercial uses on lands at the southeast corner of Major Mackenzie Drive and Donald Cousens Parkway within the Greensborough Secondary Plan area

ZA 07 109982

PREPARED BY: Gary Sellars, Senior Planner, East Development District (ext. 2960)

RECOMMENDATION:

That a public meeting be held to consider the application submitted by 1027174 Ontario Ltd. and 1482058 Ontario Ltd. for a zoning by-law amendment to permit local commercial uses on lands at the southeast corner of Major Mackenzie Drive and Donald Cousens Parkway (ZA 07 109982), once a comprehensive Community Design Plan for the area north and east of Donald Cousens Parkway within the Greensborough Secondary Plan area has been submitted to the Town.

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)

The purpose of this report is to provide preliminary information regarding an application submitted by 1027174 Ontario Ltd. and 1482058 Ontario Ltd. for a zoning by-law amendment to permit local commercial uses on lands at the southeast corner of Major Mackenzie Drive and Donald Cousens Parkway, and to recommend that Committee authorize the scheduling of a public meeting to consider the application once a comprehensive Community Design Plan for the area north and east of Donald Cousens Parkway within the Greensborough Secondary Plan area has been submitted to the Town.

BACKGROUND:

Property and Area Context

The subject lands comprise 1.98 ha. (4.88 acres) at the southeast corner of Major Mackenzie Drive and Donald Cousens Parkway within the Greensborough Secondary Plan area (Figures 1 and 2). The subject lands are currently vacant and do not contain any significant vegetation.

To the north, across Major Mackenzie Drive, are rural residential dwellings and agricultural lands. To the west and southwest, across Donald Cousens Parkway, is a rural residential dwelling, a landscape business and vacant lands. A residential draft plan of subdivision application has been submitted for these lands. To the east are vacant lands that are also within the Greensborough Secondary Plan area.

Official Plan and Zoning By-law

The Town’s Official Plan designates the lands Commercial – Community Amenity Area. The Greensborough Secondary Plan designates the lands Community Amenity Area – North of By-Pass. The lands are currently zoned Rural Residential (RR4) by By-law 304-87, as amended.

The Planned Function of the Community Amenity Area designation is to provide for a multi-use, multi-purpose centre offering a diverse range of retail, service, community, institutional and recreational uses serving several nearby residential and/or business areas. Community Amenity Areas are to function as significant and identifiable focal points for the areas served. This category of designation is also intended to accommodate office development and medium and high density housing at appropriate locations. The Secondary Plan provides that, notwithstanding the Planned Function, the primary use of the lands designated Community Amenity Area – North of By-Pass may be residential development, including low density forms of housing.

The Greensborough Secondary Plan stipulates that development on the lands designated Community Amenity Area – North of By-Pass (Figure 4) shall be planned on a comprehensive basis with zoning by-law approvals for development based on the Official Plan, Secondary Plan and a Community Design Plan satisfactory to the Town.

The applicant has been advised of the requirement for a Community Design Plan and has agreed to proceed with its preparation in conjunction with the other landowners within the Community Amenity Area – North of By-Pass designation.

The applicant proposes to rezone the subject lands from Rural Residential to Neighbourhood Commercial One with site specific exceptions

The applicant proposes to rezone the subject lands from Rural Residential Four (RR4) under By-law 304-87, as amended, to Neighbourhood Commercial One (NC1), with a holding provision, under the Town’s Urban Expansion Area By-law 177-96, as amended. The NC1 zone permits a range of local commercial uses including business offices, day nurseries, and retail stores, among other uses. In addition to the uses permitted in the NC1 zone, the applicant is also requesting a site specific exception to allow for a gas bar, motor vehicle service station, restaurant as well as drive thru permissions for certain uses, including the restaurant.

The applicant has requested that the rezoning include a hold provision. The conditions of hold removal, as requested by the applicant, are the submission of a site plan application and its approval. A preliminary site plan has been submitted with the proposed zoning by-law amendment application. This preliminary site plan consists of a gas bar and four commercial buildings, one of which is a restaurant with a drive-thru (Figure 5).

POTENTIAL BENEFITS OF APPROVAL OF THE PROPOSAL:

The proposed rezoning would permit the development of local commercial uses to service the north end of the Greensborough community.

OPTIONS/ DISCUSSION:

The following is a brief summary of concerns/issues raised to date. These matters, and any others identified through the circulation and detailed review of the proposal, will be addressed in a final staff report to be presented to Development Services Committee at a later date:

· The preparation of a comprehensive Community Design Plan for the area north and east of Don Cousens Parkway within the Greensborough Secondary Plan Area will be required prior to any development approvals

· Proposed uses, in the context of the planned function for the Community Amenity Area – North of By-pass will have to be reviewed

· Appropriateness of the proposed service station and drive-thru restaurant

· A functional servicing study will be required to demonstrate how the proposed development will be serviced

· A site plan application will be required in conjunction with the rezoning application

· Compliance with TRCA requirements (see Environmental Considerations) will have to be demonstrated

· Traffic impacts will have to be reviewed

FINANCIAL TEMPLATE (external link):

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

The Toronto and Region Conservation Authority has advised a portion of the subject lands at its northeast corner is located within the TRCA Regulated Area and Regional Storm Floodplain of the Rouge River Watershed. The Community Design Plan and any development proposals will have to be in compliance with the requirements of the TRCA Valley and Stream Corridor Management Program (VSCMP).

ACCESSIBILITY CONSIDERATIONS:

ENGAGE 21^ST CONSIDERATIONS:

The proposed uses, if determined to be appropriate, and appropriately located through a Community Design Plan exercise, could promote the goal of Managed Growth set out in Engage 21^st Century Markham by providing various appropriate uses to serve the residents of the Greensborough community.

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to all relevant agencies and departments. Their comments will be incorporated into the review process as required.

The Region of York has advised a Traffic Impact Study will required for the proposed development.

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:

\\MARKHAM.CA\APPS\AMANDADOCS\PLANNING\SAVEPATH\13341194064.DOC

Figure 1: Location Map