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
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).
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.
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.
Not applicable
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.
Parking
spaces for disabled persons will be provided in appropriate locations with curb
depressions and ramps.
The proposal aligns with the following key Town of Markham corporate goals:
managed growth and quality community.
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
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.