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

SUBJECT: RECOMMENDATION REPORT

Woodjane Corporation

Zoning By-law amendment and Site Plan applications to permit a two-storey mixed-use commercial plaza at

8241 Woodbine Avenue

File Nos: ZA 06 134156 & SC 07 130237

PREPARED BY: Stacia Muradali, Ext. 7922

Project Planner, Central District

RECOMMENDATION:

That the report dated February 5, 2008 entitled “RECOMMENDATION REPORT, Woodjane Corporation, Zoning By-law amendment and Site Plan applications to permit a two-storey mixed-use commercial plaza at 8241 Woodbine Avenue” be received;

That the record of the Public Meeting held on May 29^th, 2007, regarding the proposed Zoning By-law amendment be received;

That the draft implementing Zoning By-law (ZA 06 134156) to amend By-laws 2284-68 and 165-80, as amended, attached as Appendix ‘B’ be finalized and enacted;

That the application for Site Plan approval (SC 07 130237) by Woodjane Corporation, for a two-storey mixed-use commercial plaza be endorsed in principle, subject to the conditions attached as Appendix ‘A’;

That Site Plan approval be delegated to the Director of Planning and Urban Design, or her designate, to 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 authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

Woodjane Corporation is seeking to rezone 8241 Woodbine Avenue (the “subject lands”) and site plan approval to permit a two-storey mixed-use commercial building containing retail, restaurant and office uses, north of Highway 407, on the east side of Woodbine Avenue.

A public meeting was held on May 29, 2007 and no issues were identified for this proposal at that time. There are several studies currently under review including a Traffic Impact Study, a Sanitary Sewer Capacity Study, a Stormwater Management Report, a landscape plan and an Environmental Site Assessment Report.

The proposed development is generally acceptable, subject to the resolution of some technical issues including the access off Woodbine Avenue. Staff recommend that Committee endorse the Zoning By-law amendment and Site Plan applications and delegate Site Plan approval to the Director of Planning and Urban Design, to be issued once the conditions outlined in this report have been satisfied.

FINANCIAL CONSIDERATIONS:

Not applicable

Subject lands and area context

The subject property, municipally known as 8241 Woodbine Avenue is located north of Highway 407, on the east side of Woodine Avenue (Figure 1). It has an area of 0.734 hectares (1.8 acres) and is rectangular in shape. The lot has approximately 45 metres (147 feet) frontage on both Woodbine Avenue and Bodrington Court. There is no natural vegetation or trees on the property.

8241 Woodbine Avenue was formerly occupied by the Richmond Stone Products, Garden Centre and Building Supply which operated within a dome-shaped industrial structure with outside storage. Surrounding uses include commercial, retail and industrial uses, including The Woodbine Truck Centre to the west on the opposite side of Woodbine Avenue, a mixed commercial/retail development to the north, and industrial development to the east on Bodrington Court (Figure 3). A phased hotel development has been approved and is under construction on the abutting property to the south.

Proposal to develop the lands with a mixed-use commercial plaza

The applicant is proposing to develop the property with a two-storey mixed-use commercial plaza (Figure 4). The proposed building will have a gross floor area of 5,486 square metres (59,050 square feet) and a lot coverage of 38%. The plaza will be comprised of 49% retail, 20% restaurants and 31% offices. The main part of the building will be two-storeys or approximately eight metres in height. There will be architectural elements at the centre and either end of the building which will be approximately 15 metres in height (Figure 5).

91 surface parking spaces are proposed including 5 handicapped spaces. However, two surface parking spaces must be removed to provide unobstructed access for firefighting to the principal entrances. In addition, an underground parking level with 132 parking spaces including 2 handicapped spaces will be provided. A total of 222 parking spaces is required and 223 parking spaces were originally proposed. With the removal of the two parking spaces for fire fighting access, a total of 221 parking spaces will be provided, resulting in a shortfall of 1 required parking space. The amending zoning by-law will reflect the shortfall of one parking space.

The access ramp for the underground parking level and one loading space will be located in the north east corner of the property. The building has been located close to the north property line, as well as a more generous and appropriate landscaping strip between the plaza and the hotel development to the south (Figure 4). This configuration allows for an improved interface and shared access with the hotel development to the south.

Official Plan

8241 Woodbine Avenue is designated Commercial-Retail Warehouse Area in the Official Plan. This designation provides for offices, banks, restaurants, banquet halls, hotels, private and commercial schools and recreational uses subject to a rezoning application.

The Retail Warehouse Area designation also provides for a mixed-use centre combining multiple unit retail development containing individual retail premises of less than 300 square metres gross floor area, provided the centre is generally located on a site adjoining an intersection with an arterial or collector road, and if the gross floor area devoted to retail uses generally does not exceed the total gross floor area of the other permitted uses. The proposed development is consistent with the Official Plan policies.

Site-specific Zoning By-law amendment required to permit the proposed development

The property is zoned Industrial (M4) under By-law 2284-68, as amended (Figure 2). The use permissions contained within this By-law do not reflect the Official Plan designation. The M4 zoning permits commercial uses not requiring municipal water or municipal sewers, which are ancillary to the industrial use or primarily intended to serve the surrounding industrial area. Industrial uses such as warehousing and open storage which do not require municipal water or municipal sanitary sewers are also permitted.

The applicant is proposing to remove the property from By-law 2284-68, as amended, and rezone it to the Special Commercial One (SC1) zone in By-law 165-80. The properties to the north and south have also been previously rezoned to SC1 in By-law 165-80. The SC1 zone permits banks, business and professional offices, commercial schools, health centres, hotels, recreational establishments and specific types of retail stores such as book stores, jewelry stores and sporting goods stores.

Site-specific development standards to address zone requirements such as lot frontage and lot area, side yard setback, parking, height of building and landscaped open space are required to facilitate the proposed development. Restaurants and retail stores will be added as permitted uses. The maximum gross floor area devoted to offices, restaurants and retail uses will be established to ensure an appropriate mix of uses and conformity with the Official Plan policies.

OPTIONS/ DISCUSSION:

MTO requirements

The proposed development at 8241 Woodbine Avenue requires approval from the Ministry of Transportation (MTO) as the property and proposed access is within close proximity to the Highway 407 ramp and the MTO’s controlled access highway jurisdiction. The MTO indicated that their preference is for all access to be via Bodrington Court instead of Woodbine Avenue. Originally, they indicated that they may have considered a right-in/out entrance pending a Traffic Impact Study.

The MTO has now reviewed the Traffic Impact Study submitted by the applicant and will only consider a right-in access from Woodbine Avenue and as result, the applicant will need to design the entrance to preclude any outbound movement to Woodbine Avenue. The applicant is working with MTO to resolve the access off Woodbine as it is their preference to get approval for a right-in/right-out access. Resolution of the type and design of access off Woodbine must occur and the access must be approved by MTO before site plan approval is issued.

Region of York requirements

Woodbine Avenue is a regional road and the proposed development requires approval from the Region of York. The Region is willing to consider a right-in/right out access from Woodbine Avenue only if the MTO is in agreement and the applicant demonstrates that there will be no significant impact on the Highway 407 ramps. If the proposed access is approved by both MTO and the Region, the applicant is required to provide a northbound right turn lane into the site at the proposed Woodbine Avenue access. The right turn lane shall be designed to reflect a 3.5 metre width together with 40 metre storage and a 60 metre taper. The right turn lane pavement structure should match that of the existing Woodbine Avenue pavement structure. In addition, the Region is also protecting for a 36.0 metre right-of-way for this section of Woodbine Avenue. The Woodbine access will require approval from the Region before site plan approval is issued.

Shared access with the hotel development to the south

A hotel development to the south, which has been approved to allow a Homewood Suites (fully constructed) and a Hampton Inn (requires site plan approval), does not have access off Woodbine Avenue. There has been some discussion to allow the hotel development to share the access off Woodbine Avenue with this proposed development. However, nothing has been finalized to date and as a condition of draft approval, an executed easement agreement, registered on title and to the satisfaction of the MTO, Region and the Town will be required before site plan approval, if the shared access is pursued.

Technical Studies

The applicant has submitted a Traffic Impact Study, Sanitary Sewer Capacity Study, Flow Monitoring Study, Stormwater Management Report, Site grading/servicing plans, and an Environmental Site Assessment Report. The MTO, Region and Town are reviewing the Traffic Impact Study and have identified some concerns which must be addressed by the applicant. The Town has also reviewed the Sanitary Servicing and Sanitary Sewer Flow Monitoring reports and have found them acceptable. The remaining reports must be satisfactory to the Town and external agencies before site plan approval is issued. As this is a commercial project, servicing allocation is not required.

Buttonville Airport Regulations

The proposed development is in close proximity to the Buttonville Airport and under the approach surface of the Buttonville Airport Zoning Regulations (AZR). The proposed building must comply with the height restrictions of the AZR. The AZR also has clauses restricting the disposal of waste edible by or attractive to birds. Any waste must be properly covered and managed such that is does not attract birds. The Town requires the applicant to provide an internal waste disposal system which should negate this problem.

All lighting associated with the building, parking areas and other areas are to be shielded and directed downwards so as not to affect aircraft operation. Reflective surfaces may also affect aircraft operations and should be minimized. Any temporary crane erections associated with, or necessary for the construction of this development may require an exemption to the Buttonville Airport Regulations and with Transport Canada.

Site plan and building elevations

There is an appropriate interface between the proposed building, Woodbine Avenue and the hotel development to the south. The architect has articulated the building by incorporating architectural elements and a mix of colours and materials. In addition, the applicant is proposing tree planting and landscaping which will enhance this non-vegetated site. The site plan and building elevations are acceptable to the Town.

ENVIRONMENTAL CONSIDERATIONS:

An Environmental Site Assessment Report has been submitted for Town staff review and approval.

ACCESSIBILITY CONSIDERATIONS:

Not applicable.

ENGAGE 21^ST CONSIDERATIONS:

The proposed development promotes some of the key goals set out in “Engage 21^st Century Markham” by providing for efficient use of infrastructure and enhancing the economic development and quality of the community.

BUSINESS UNITS CONSULTED AND AFFECTED:

All Town departments and external agencies have been circulated with these applications and all comments have been incorporated into 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, Planning & Urban Design Commissioner, Development

Services

Figure 1- Location Map

Figure 2- Area Context

Figure 3- Aerial Photo

Figure 4- Site Plan

Figure 5- Building Elevations

Coloured Renderings

Attachment ‘A’- Conditions of Site Plan Approval

Attachment ‘B’- Draft By-law Amendment

AGENT CONTACT INFORMATION:

Attn: Murray Evans

Evans Planning

8481 Keele Street

Unit 12

Vaughan, ON, L4K 1Z7

(Tel) 905-669-6992

(Fax) 905-669-8992

File path: Amanda\File 06 134156\Documents\Recommendation Report

APPENDIX ‘A’- Conditions of Site Plan Approval

That the Owner enters into a site plan agreement with the Town, containing all requirements of the Town, Region of York, Ministry of Transportation, Transport Canada and other public agencies, including providing any financial securities and conveyances of land required;

That this endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing February 5, 2008, in the event that the site plan agreement is not executed within that period of time;

That prior to approval of the site plan, the owner shall address any concerns identified by the Town, Region of York, Ministry of Transportation and any other external agencies resulting from a review of the Traffic Impact Study, Sanitary Sewer Capacity Study, Flow Monitoring Study, Stormwater Management Report, Environmental Site Assessment Report or revise the studies accordingly, to the satisfaction of the Town and any other authorized public agencies.

That prior to approval of the site plan, the owner shall submit final drawings, including but not limited to, site plan and elevation drawings, landscape plans, grading plans, servicing plans, and engineering drawings that comply with all requirements of the Town, Region of York, Ministry of Transportation, Transport Canada, and any other authorized public agencies, to the satisfaction of the Town;

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, and that the Owner agree in the site plan agreement that the disposal and storage of waste outdoors is prohibited;

That prior to site plan approval, the site plan is revised to reflect the removal of two parking surface spaces to provide unobstructed access for firefighting to the principal entrance(s), and the Owner comply with all other requirements of the Fire Department to the satisfaction of the Town;

That the Owner covenant and agree in the site plan agreement that all lighting associated with the buildings, parking areas and other areas be shielded and directed downwards so as not to affect aircraft operation and away from abutting properties;

That the access off Woodbine Avenue be approved by the Town, Region of York and Ministry of Transportation and the site plan be revised to reflect any changes, prior to site plan approval;

That the Owner covenant and agree in the site plan agreement to adhere to all Buttonville Airport Zoning Regulations;
That the Owner covenant and agree in the site plan agreement to pay all applicable charges including but not limited to development charges, cash-in-lieu of parkland and recoveries.

That any amendments to Zoning By-laws 2284-68 and 165-80, as amended, to implement this site plan shall have come into effect in accordance with the provisions of the Planning Act.

The installation of odour control devices for all restaurants will need to be provided to the satisfaction of the Town.

That the Owner executes an easement agreement, registered on title and to the satisfaction of MTO, the Region of York and the Town, before site plan approval is issued, if the development to the south (Hampton Inn and Homewood Suites) at 50 and 52 Bodrington Court share the access driveway off Woodbine Avenue.