Report to: Development Service Committee                              Report Date: May 6, 2008

 

 

SUBJECT:                              Application for Site Plan Approval to permit a mixed                                                     retail/commercial development at 4495 Major Mackenzie                                                          Drive - Southwest corner of Major MacKenzie Drive and                                                  Kennedy Road

                                                Angus Glen Developments

                                                PLAN 65M3468 BLK 63

                                                SC-07-120999

 

PREPARED BY:                   Geoff Day,  Planner - West Development Team ext. 3071

 

 

RECOMMENDATION:

 

That the report dated May 6, 2008, entitled “Application for Site Plan Approval to permit a mixed retail/commercial development at 4495 Major Mackenzie Drive - Southwest corner of Major MacKenzie Drive and Kennedy Road” be received;

 

That the Site Plan Control application (SC-07-120999) submitted by Angus Glen Developments, to permit a mixed retail/commercial development at 4495 Major MacKenzie Drive, be endorsed in principle subject to the conditions included in Appendix ‘A’;

 

And 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.

 

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 that Development Services Committee endorse an application for Site Plan Approval for a proposed mixed retail/commercial development on the south west corner of Major MacKenzie Drive and Kennedy Road, municipally known as 4495 Major Mackenzie Drive (Figure 1). 

 

BACKGROUND:

 

Location and Area Context

The subject property has an area of 1.33 hectares (3.30 acres) and is located at the southwest corner of Major MacKenzie Drive and Kennedy Road in the Angus Glen Community (Figure 1).  The parcel is identified as Block 63 on registered plan 65M-3468, which was registered in December 2000.  The subject property is bounded by five streets (Major MacKenzie Drive, Kennedy Road, Schoolhouse Road, Colty Drive and Prospector’s Drive).

 

Adjacent uses include:

 

Official Plan and Zoning

The subject property is designated Commercial in the Official Plan (Revised 1987) and is identified in the Angus Glen Secondary Plan as Community Amenity Area I.  The Community Amenity Area I designation provides for a range of uses including retail, service, office and other similar uses consistent with the planned function and policies of the designation. 

 

The subject lands are currently zoned Community Amenity One (HOLD) (CA1 (H)) by By-law 177-96 (Figure 2), as amended, which permits a range of retail, service, office and residential uses.  Conditions to remove the HOLD (that will be processed under a separate application), are subject to the Owner entering into a site plan agreement with the Town.

 

Proposal

The Owner proposes to construct a 4,200 m2 (45,210 ft2) mixed retail/commercial development containing 6 blocks outlined as follows (also see Figure 4):

 

Block A -   162 m2 single storey Starbucks drive thru restaurant with 27 m2 outdoor patio (Figure5)

Block B -   515 m2 two storey (sit down) restaurant with 169 m2 outdoor patio (Figure 5)

Block C -   1933 m2 two storey mixed retail and office building containing the offices Kylemore Homes (Figure 6)

Block D -   511 m2 one storey drive thru Toronto Dominion Bank (Figure 7)

Block E -   537 m2 one storey retail building (Figure 8)

Block F -   542.5 m2 one storey daycare facility, partly within an existing heritage building on site containing a 185 m2 outdoor play area (Figure 9)

 

The proposed development will be clad primarily with Brick Veneer and Stucco (Figures 5-9).  Principles established in the Angus Glen Secondary Plan have been used in this development by maintaining a human scale with the one and two storey buildings addressing the street with at grade entrances to all of the development blocks.  The architectural detailing of the building facades are typical of other developments found in the Angus Glen community.  The parking area is located within the interior of the site.  The interior location of the parking along with the enhanced landscaping (Figure 10), effectively screens the view of automobiles from the surrounding lands.    

 

 

 

 

OPTIONS/ DISCUSSION:

 

Community information meeting held

Shortly after this application was submitted, Staff and the local ward councilor received numerous enquiries from concerned residents regarding the nature of the proposed development within their community.  On September 19 2007, at the request of the local ward councilor, a non-statutory community information meeting was held.

 

At the meeting numerous residents and representatives from the Angus Glen Ratepayers Association spoke, outlining their concerns about the application.  A letter was also submitted by a small group of residents whose properties front onto Colty and Schoolhouse Road.  The principle matters raised at the meeting included:

 

 

Enhanced landscaping and directional lighting provided

Additional enhanced landscaping has been installed around and throughout the site with specific focus on perimeter landscaping which will assist in screening the outdoor patios and areas abutting the residential and daycare areas (Figure 10). 

 

All lighting will be of directional form in order to mitigate any potential negative effects that the site illumination may cause.  Staff will require the applicant to submit a sign uniformity plan and that non-illuminated signage or “gooseneck” lighting be installed on all building facades abutting the residential community to the south and southwest.

 

Green Initiatives

On April 14 2008, Staff received a verbal commitment from the owner on the following green initiatives:

 

·        Installation of a “cool” metal roof system.  This system can reduce the cost of operating rooftop HVAC equipment as it is the rooftop air that is used by the cooling system itself.  A “cool” roof system provides higher reflectivity and emittance than a typical roofing system.

·        Permeable paving on all pedestrian linkages

·        Three stream waste management

·        Native species used in all landscaped areas

·        High efficiency HVAC systems

·        Bicycle racks to provide security to those using alternative means of travel

 

The owner is looking at the feasibility of using solar lighting to illuminate signage and all parking areas. 

 

Layout and design

The character of the retail village is consistent with the historical character of the Angus Glen East Village.  The commercial buildings have pitched roofs with dormers and gables and the occasional chimney stack.  Store fronts have full glazing and face the local streets. Units fronting onto the street are designed with double frontages and provide access from both sides.  The existing heritage school house is to be transformed to a daycare and has been successfully integrated with a compatible addition.  The view of the proposed restaurant drive thru is softened as it is integrated with the building through the provision of a canopy.  The restaurant drive thru is also situated lower than the adjacent street and vehicles will be further buffered through the integration of a low masonry wall and landscaping.

 

Incorporation of the existing heritage building

The former Colty Corners Schoolhouse (circa 1862), is located on the north-east corner of the subject property.  The schoolhouse is designated under Part IV of the Ontario Heritage Act.   Heritage Section Staff reviewed the proposal and required a restoration plan for the heritage schoolhouse. 

 

The Site Plan application was reviewed by Heritage Markham on September 25, 2007 and again on April 9, 2008.  Heritage Markham has no objection to the revised placement of the new addition as it relates to the existing schoolhouse subject to the rear tail addition component (new construction) being clad in a siding material (wood, wood-like material, synthetic siding replicating wood) rather than brick and that the tail be recessed or slightly setback on the north elevation so that it is not in line with the brick schoolhouse.  Heritage Markham recommends that the design of the play area fence be based upon a historic precedent, be complementary to the heritage structure, and preferably be constructed of wood.

 

Technical studies need to be finalized

Required technical studies addressing stormwater management and site servicing and grading have been submitted and are currently being reviewed by the Town and the Region of York.  Any required revisions to the plan to implement the studies will be incorporated into the final drawings.  The required Environmental Noise Report was submitted to the Town and has been found satisfactory.

 

Minor variances required  

During the site plan review process, several zoning deficiencies were noted as follows:

 

1)      Stand alone restaurants or financial institutions are not permitted (Blocks A, B & D).  Restaurants, either drive-thru or otherwise, are only permitted on the first floor of an office building or apartment building;

2)      The total number of required parking spaces is deficient by 3 spaces;

3)      The daycare centre (Block F) located partly in the existing heritage building has deficient rear and exterior side yard setbacks as well as a height that does not meet the minimum requirement of 10.5 metres;

4)      Block C does not meet the minimum height requirement of 10.5 metres; and,

5)      The total number of loading spaces required for the site is deficient by three spaces.

 

Staff are of the opinion that addressing these deficiencies through the minor variance process is appropriate subject to the requirements and restrictions outlined below.

 

Restrictions on stand alone restaurants and associated outdoor patios

Due to the proximity to the residential community, both residents and Staff share  concerns that the two proposed restaurants and their associated outdoor patios have the potential to become a nuisance with respect to traffic and noise.  Staff will recommend, as a condition of any approved variances, that both restaurants and their associated outdoor patios be capped at the following floor areas:

 

1.      Block A at 162 m2 for the single storey drive thru restaurant with a 27 m2 outdoor patio; and,

2.      Block B at 515 m2 for the two storey restaurant with a 169 m2 outdoor patio. 

 

In order to manage any potential noise issues, Staff recommend that the owner enter into an agreement with Town to restrict the hours of operation for the outdoor patios.  The owner has committed to a restriction to not extend beyond the hours of 11 pm Sunday to Thursday and 12 am on Friday and Saturday.  This restriction can also be reinforced as a condition of any liquor licence approved.  

 

Staff will also require as a condition of a minor variance that the use of musical instruments, or other mechanical or electrical music equipment and theatrical performances be prohibited on the outdoor patios.

 

Traffic impact study and Parking

 

A Traffic Impact and Access Study was submitted in January of 2008. The Traffic Impact Study concluded that the proposed development will generate approximately 312 and 479 trips during the weekday a.m. and p.m. roadway peak hours.  It should be noted that for retail usages, such as banks, shopping centres, and coffee-shops, not all of the trips generated at the driveway represent new trips added to the roadways. This is due to “pass-by” trips. Pass-by trips are made by traffic already using the adjacent roadway and enter the site as an intermediate stop on the way from another destination. The trip may not necessarily be “generated” by the land use under study, and thus, not a new trip added to the transportation system.  After accounting for pass-by trips, the site is expected to generate approximately 196 and 283 new trips on the road network during the weekday a.m. and p.m. roadway peak hours.  Based on Town’s Parking By-law 28-92, as amended, the development proposes 181 parking spaces which is deficient by 3 spaces.  Engineering Staff are of the opinion that the minor variance approval route would be appropriate and would support such an application.

 

Through discussions with the Region, the applicant received conceptual approval to install right-in right-out only access onto Major Mackenzie Drive East and Kennedy Road.  The study recommends full moves driveways at Prospector’s Drive and Schoolhouse Road.  The study also indicates that the intersection of Prospector’s Drive and Colty Drive should become an all-way stop controlled as soon as it is warranted in the future to improve the minimum stopping sight distance for the access located on Colty Drive.  Other physical improvements recommended are signal timing improvements at the Kennedy Road/Major Mackenzie Drive intersection and median extensions on the regional roads to enforce the right-in right-out configurations.

 

Staff of the Engineering Department have concerns over the all-way stop control at Prospector’s Drive and Colty Drive, as there are no sight distance related problems.  Further, an all-way stop control on Prospector’s Drive may induce queuing backup issues reaching to Major Mackenzie Drive.

 

Before it can be finalized and accepted, the traffic study must be amended to include analysis to identify stacking length at the drive through, trip generation, distribution estimates and any adverse impact mitigation recommendations.  Town Engineering Staff section will continue to work with the applicant in modifying the plan to addresses these matters, as required.  

 

Conclusion

Staff are satisfied with the proposal and recommend that it be endorsed, subject to the general and specific conditions outlined in Appendix ‘A’ to this report.

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable

 

ENVIRONMENTAL CONSIDERATIONS:

The Toronto & Region Conservation Authority was circulated this application and has advised that the property is located outside of its regulated area.  Further, the TRCA has noted that the site does not contain any significant natural features and/or hazard lands.  On this basis, TRCA Staff has no objections to the application, as submitted.

 

ACCESSIBILITY CONSIDERATIONS:

Parking spaces for disabled persons will be provided in appropriate locations with curb depressions and ramps.

 

ENGAGE 21ST CONSIDERATIONS:

The proposal aligns with the following key Town of Markham corporate goals: managed growth and quality community.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The proposal has been circulated to other Town Departments and agencies and all comments have been addressed in this report.

 

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:

Appendix ‘A’ – Endorsed Site Plan Conditions

 

Figure 1:           Location Map

Figure 2:           Area Context/Zoning

Figure 3:           Aerial Photo

Figure 4:           Proposed Site Plan

Figures 5-9:      Elevations

Figure 10:         Landscape Plan

 

Applicant Contact Information:

ANGUS GLEN DEVELOPMENTS LIMITED - Michael  Montgomery

10060 Kennedy  Rd

Markham ON

L6C 1N9

Telephone number: 905-887-0090     

 

 

 


APPENDIX A

 

1.      That final site plan, building elevation and landscape drawings be submitted to the satisfaction of the Director of Planning and Urban Design, including:

 

a.           any revisions required to implement the recommendations of the required stormwater management report, and traffic impact study;

       

2.      That a Landscape Plan, prepared by a Landscape Architect having O.A.L.A. membership, be submitted to the satisfaction of the Director of Planning and Urban Design;

 

3.      That minor variances be obtained from the Committee of Adjustment for relief from certain provisions of By-law 177-96 as they pertain to this site;

 

4.      That the owner submit a letter of understanding to restrict the hours of operation for the outdoor patios’ to not extend beyond the hours of 11 pm Sunday to Thursday and 12 am on Friday and Saturday.

 

5.      That the Owner enter into a site plan agreement with the Town containing all the standard and special provisions and requirements of the Town and public agencies including the Region of York;

 

6.      And that a site plan agreement be executed prior to final site plan approval;

 

7.      And further that this endorsement shall lapse and final approval will not be issued, after a period of three years commencing May 6, 2008 in the event a site plan agreement is not executed within that period.