Report to: Development Services Committee Report Date:
SUBJECT: RECOMMENDATION REPORT
CRET 9900 Markham Limited
Applications for Zoning By-law
Amendment and Site Plan Approval to permit a retail plaza and a multi-screen
movie theatre near the southwest corner of
File No. ZA 06 131832 & SC 08 106746
PREPARED BY: Nilesh Surti, Senior Planner, ext. 4190
RECOMMENDATION:
THAT the report dated June 17, 2008, entitled “CRET 9900 Markham Limited, Applications for Zoning By-law Amendment and Site Plan Approval to permit a retail plaza and a multi-screen movie theatre near the southwest corner of Major Mackenzie Drive and Markham Road”, be received;
THAT the Zoning By-law Amendment application (ZA 06 131832) submitted by CRET 9900 Markham Limited to rezone the lands located on the south side of Major Mackenzie Drive, west of Markham Road, municipally known as 5899 Major Mackenzie Drive, from Rural Residential Four (RR4) under By-law 304-87, as amended, to Major Commercial (MJC) under By-law 177-76, as amended, be approved and the draft Zoning By-law Amendment attached as Appendix ‘B’ be finalized and enacted;
THAT the Site Plan Application (File No. SC 08 106746) submitted by CRET 9900 Markham Limited to permit a retail plaza and a multi-screen movie theatre near the southwest corner of Major Mackenzie Drive and Markham Road, be endorsed in principle, subject to the conditions attached as Appendix ‘A’;
THAT the Owner submit revised building elevations (as discussed in this report) to the satisfaction of the Director of Planning and Urban Design;
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:
The 6.9 hectare (17.1 acre) site is located near the southwest
corner of
The existing Willian Clarry Heritage House will be retained in its original location. The heritage house will be restored and renovated, as needed, and is expected to be utilized for commercial purposes.
The site plan
proposes a full movement, signalized access to
The applicant
has submitted a preliminary landscape plan.
A 6 metre wide landscape strip is provided along both
The applicant has provided conceptual building elevations
which generally show the building massing, height, and composition of facades
consisting of entrances, walls and glazing.
The building elevations will be subject to further detailed review to
ensure the built form principles of the Highway 48 Urban Design Study are
addressed. As a condition of site plan endorsement
the applicant is required to submit actual elevations of individual buildings,
prior to the submission of a building permit application. Should the final elevations be deemed
unacceptable to the Director of
A public meeting has been held with respect to the Zoning By-law Amendment application to obtain comments from residents in the surrounding area. There were no written submissions or significant issues raised by Committee Members, area residents or other land owners at the Public Meeting. The preliminary report for this rezoning application identified a number of issues. These matters, related to the individual properties which comprise this site and their need to merge on title, provision for special development standards adjacent to the existing residences to the west, submission of functional servicing study and ensuring the application is consistent with the Town initiated Official Plan and Zoning By-law amendments have been addressed to staffs satisfaction.
Staff are satisfied with the proposal and recommend that
the site plan be endorsed in principle subject to the conditions attached in
Appendix ‘A’. Staff also recommend that
the draft Zoning By-law Amendment (Appendix ‘B’), be finalized and
enacted.
1.
Purpose 2. Background 3. Discussion 4. Financial
PURPOSE:
The purpose of
this report is to recommend endorsement of a site plan application to permit a
retail plaza and a multi-screen movie theatre near the southwest corner of
BACKGROUND:
Property and Area Context
The subject
lands include three properties having a combined area of 6.9 hectare (17.1
acre) located near the southwest corner of Major Mackenzie Drive and Markham
Road with frontage on both streets (See Figure 1). The applications also
include additional lands along the
Adjoining the
subject lands to the south is a vacant commercial property for which its Owner,
Wismer Markham Commercial Limited has also submitted an application for site
plan approval and which is the subject of a separate staff report to
Development Services Committee on this date.
The proposal at that site is also to permit a large format retail
commercial plaza. The subject lands and
the lands to the south will form an integrated commercial development with
shared driveway entrances and driveway isles.
Immediately to the west are low density residential dwellings forming
part of the Wismer Commons Community. To the north, across
Proposal is for a retail plaza and a
multi-screen theater
The proposed development includes a total gross floor area of 12,016 m2 (129,343 ft2) of commercial/retail space distributed over 12 buildings intended for retail stores, financial institutions, personal service shops, restaurants and other uses designed to fulfill the shopping needs of residents of the surrounding communities. Also proposed is a 3,821 m2 (41,130 ft2) multi-screen movie theatre containing 10 screens (See Figures 4 & 5a, 5b, 5c, 5d and 5e).
The applicant is proposing to retain the existing heritage house in its original location. The heritage house will be restored and renovated, as needed, and is expected to be utilized for commercial purposes.
The site plan
proposes a signalized access to
A total of 883 surface parking spaces have been provided on-site; whereas the Parking By-law requires a total of 967 parking spaces for this development for a shortage of 84 parking spaces. The applicant will require a minor variance to permit a reduction in the required number of parking spaces on-site (See discussion below).
The Official Plan and the Wismer Commons Secondary Plan designate the subject property “Major Commercial Area”. The intention of this designation is to provide for large scale multi-use, multi-purpose centres offering a diverse range of retail, service, community, institutional and recreational uses serving a major portion of the municipality and/or broader regional market. This designation is also intended to accommodate medium and high density housing at appropriate locations. The designation provides for the proposed mixed-use development, subject to good urban design considerations; having regard for matters such as siting, massing, landscaping, pedestrian-friendly streetscape, and good pedestrian connections.
As indicated above, the subject lands include three individual properties. The larger parcel is currently zoned Major Commercial (MJC) under By-law 177-96, as amended. The remaining two parcels are presently zoned Rural Residential Four (RR4) under By-law 304-87, as amended. The applicant has submitted a Zoning By-law Amendment application to delete these lands from By-law 304-87, as amended, and to rezone the lands to Major Commercial (MJC) under By-law 177-76, as amended, which is the same zone category as the larger parcel. The proposal to rezone the two parcels to Major Commercial zone category is consistent with the Official Plan designation of these properties (See Figure 6).
The Major Commercial zoning permits the proposed movie-theatre and a variety of commercial uses including retail uses, provided that the maximum net floor area permitted for any one premises is 10,000 m2 and the maximum net floor area permitted on a lot is 30,000 m2. The proposed development will conform to these zoning requirements.
Highway 48 Urban Design Study
The Highway 48
Urban Design Study, endorsed by Council in October 2005, provides urban design
and development guidelines to be used in the evaluation of development
applications within the
The subject lands fall within the
Mixed Use and Large Format Retail District.
These lands are primarily intended for commercial uses with significant
opportunity for integrated residential and office uses with a highly
articulated street wall defining
As noted above, to support the
higher density commercial buildings within the Mixed Use and Large Format
Retail District as envisioned in the Highway 48 Urban Design Study, parking
structures would need to be constructed over time. It is acknowledged that structured parking
for commercial use is not economically viable at this location at this point in
time. The study acknowledges this fact
when it notes that the design scenarios are part of the long-term vision for
the
Since the Highway 48 Urban Design
Study was endorsed by Council in October 2005, the Town has received a number
of proposals and inquiries for high density mixed use developments within the
OPTIONS/ DISCUSSION:
Town has Initiated Official Plan/Secondary Plan and
Zoning By-law Amendments to implement the Highway 48 Urban Design Study
On
Site plan conforms to the Highway 48 Urban
Design Guidelines
The proposed
site plan incorporates a number of the key design principles and elements as
proposed in the Highway 48 Urban Design Study.
The larger format retail store and the movie theatre are located at the rear
of the site (away from
To encourage functional
main entrances to address the public road, a single row of parking, has been
provided in front of the buildings, along the west side of
The site is further organized
through a network of pedestrian walkways including those along the north and
south sides of the proposed east-west driveway isle. The applicant has also provided a north-south
pedestrian walkway that has a minimum width of 4.5 metres along the front of
the stores, which extends to the municipal sidewalk on
The applicant has worked with staff to implement most of the key urban design principles as identified in the Highway 48 Urban Design study. Staff are satisfied with the layout of the proposed site plan.
The landscape plan is
subject to further review and refinements
The applicant
has submitted a preliminary landscape plan.
Landscaping opportunities are provided throughout the site, especially
along pedestrian spines. A 6 metre wide landscape strip is provided along both
The landscape plan will be further refined to show well defined and enhanced pedestrian connections throughout the site and with the neighbouring commercial development to the south. These connections are to be defined by different paving materials from that on the vehicular routes and should be coordinated in materials, colours and styles to ensure consistency and well-oriented wayfinding. These pedestrian connections are to be accessible, lighted and enhanced with landscape features. Special permeable paving will be encouraged to be applied throughout the site considering the wide expanse of paved surfaces.
Conceptual building elevations require further review
The applicant has provided conceptual
building elevations which generally show the building massing, height, and
composition of facades consisting of entrances, walls and
glazing. The design approach allows for a visually cohesive
development with a common design language adopting similar architectural
principles, elements, materials, colours and styles; yet allowing flexibility
to incorporate requirements of specific individual tenants. The building
elevations will be subject to further review by staff to address the following
built form principles:
- Highly
contrasting colours, varied range of building materials and corporate
architecture are minimized;
- Natural or
basic building materials such as stone, brick and wood are used;
- Materials
used for the front facade are carried around the building or at a
minimum to all building facades fronting onto public spaces;
- Primary entrances
to buildings are emphasized through the use of canopies, awnings, and
double-height glazing. The volume and height of such structures
emphasize the prominence of entrances particularly at corner
locations;
- Corner buildings
at public street intersection to include articulated building elements in
the form of towers, bays, projections, recesses, materials or other
details that emphasize the focal nature and visibility of these buildings;
- Glazing is
actively used to provide storefront windows or merchandise displays;
- Rooflines
are varied to visually break up the roof plane. Flat roofs planted
with a 'green' roof are encouraged. When a green roof is not
feasible, flat roofs should feature highly reflected material to minimize
the urban heat island effect;
- All
rooftop mechanicals are properly screened from view, particularly from the
residential areas to the west;
- Windows
are provided next to pedestrian walkways for interest and to provide security
(“eyes-on-streets”) along these routes;
- Pedestrian-scale
lighting is provided throughout the site. The lighting can be
integrated within the building facade whenever a sidewalk is provided
along a building edge. All lighting to be designed to minimize
light pollution and spill over onto adjacent properties;
- Animation
of the main entrances by use of furnishings, lighting and landscaping.
- Consistent
materials be used in the construction of pathways, courtyards and areas
directly surrounding the building to contribute to a cohesive and
integrated image of the development.
As a condition
of site plan approval the applicant will be required to submit the actual
elevations of individual buildings prior to the submission of a building permit
application. Should the final elevations
be deemed unacceptable to the Director of
Staff will continue to work with the applicant to further refine the proposed building elevations.
Minor Variance is proposed to permit
reduced parking as well as to deal with revisions to some development standards
The applicant
is seeking minor variances to reduce the required number of parking spaces
on-site as well as to deal with revisions to some development standards.
The Parking By-law requires that parking for the proposed development be provided at the Shopping Centre rate of 1 parking space for every 18.5 m2 of leasable floor area. The proposed development requires a total of 967 parking spaces. The submitted site plan shows a total of 883 surface parking spaces on-site, for a shortage of 84 parking spaces. This represents a decrease of 8.7% from the required rate, based on a shared parking formular
The site
consists of a variety of large and small retail uses, as well as restaurants
and bank uses. The applicant has indicated that while there is some
general overlap in the parking usage for these uses during the day, the
majority of site usage will be at different periods ensuring that more than
sufficient parking is available on site at any given time. For example,
the theatre will not use the vast majority of their parking during the day,
whereas the retail, banks and restaurants would. Furthermore, recent
studies that the applicant’s planning consultant is aware of have shown that
parking ratios for medium to large commercial centres are, on average,
providing 1 space per 23 m2, while usage is well below this rate. Staff’s experience with a number of large commercial
developments in the Town confirms this. The requested parking ratio would
equate to 1 space per 22.5 m2 for the retail / service / restaurant
component of the centre, while providing the full requirement for the theatre
at 350 spaces. Staff are satisfied that
the proposed 883 parking spaces are sufficient to accommodate the parking
demands of the proposed development, and are prepared to support the requested
minor variance for parking.
The applicant is also seeking the following additional variances:
- To eliminate the loading space requirements
for the smaller retail/commercial buildings (Buildings C, C2, D1, D2, E1,
E2, G, H, I and J)
- To permit a minimum 40% of the Markham
Road streetline to be the location of a main wall that is set back no
further than 23 metres from the streetline of a municipal right-of-way;
whereas the existing By-law requires that 40% of the Markham Road
streetline shall be the location of a main wall that is set back no
further than 12 metres from the streetline of a municipal right-of-way.
- Eliminate the requirement of a landscape
strip along the south lot line.
The applicant
has indicated that most deliveries to the smaller retail stores will be
serviced by cube vans and smaller trucks; therefore the regular parking spaces
can serve as loading spaces. The elimination
of full size loading spaces for buildings containing smaller retail uses in a
plaza setting is a common practice. As
indicated above, the applicant has provided a single-row of parking along the
west side of
Ensure integrated driveway entrances and
driveway isles with the proposed development to the south
As noted above,
Wismer Markham Developments Inc, the abutting property owner to the south, has
also submitted a site plan application for the lands to the south. Together the proposed development and the
adjoining development to the south will form an integrated commercial
development with shared driveway entrances and driveway isles. The applicant will need to work with the
landowner to the south to ensure that the shared driveway entrance along the
mutual property line as well as the north-south driveway isles are
appropriately designed to allow for uninterrupted traffic flow. The owner will be required to enter into
appropriate easement or right-of-way agreements with the adjoining landowner to
the south for cross use and joint maintenance of shared accesses and driveway
isles, to the satisfaction of the Director of
The William Clarry House
The William Clarry House is listed on the Markham Register of Properties of Cultural Heritage Value or Interest and is designated under Part IV of the Ontario Heritage Act. The house is also listed as a heritage resource in the Wismer Commons Secondary Plan and has been evaluated as a Group 1 heritage house. The William Clarry House is a 1 ½ storey brick dwelling that was constructed between 1851 and 1861. The House is a good example of a Georgian Cottage and Heritage Markham supports its preservation in its original location. As a condition of approval, Heritage Markham is requiring a restoration plan for the building. As well, the applicant will be required to enter into a Heritage Easement Agreement with the Town for the heritage house and provide a Markham Remembered plaque.
A traffic study have been submitted
The applicant has submitted a traffic impact study, prepared by BA Consulting Group Ltd., in support of the proposed development. The study evaluated the potential traffic impact of the proposed commercial development and assessed the site access requirements for the proposal. The study was reviewed by transportation staff and they are satisfied that the site traffic can be adequately accommodated without undue impact on the existing road network. As well, the proposed development functions well in terms of traffic access and circulation. However, transportation staff have a minor concern with respect to the distance separation and stacking requirements between the proposed location of the signalized access and the full movement access located approximately 90 metres to the north for the property at the northwest corner of Major Mackenzie Drive and Markham Road, which contains an existing restaurant (Tim Horton’s) and gas bar. Town staff will work with the applicant to solve any traffic conflicts and location specific mitigation requirements.
A noise study is required
The applicant is proposing to locate the delivery truck driveway and the loading area for Building “A” (Large Format Retail Store) and Building “B1” (Movie Theatre) along the westerly boundary of the property which abuts the existing residential dwellings to the west. An existing chain link fence is located along the mutual property line. The applicant has indicated that they will be replacing the chain link fence with a privacy fence. However, a noise study is reqired to ensure that the residential properties located to the west are not adversely impacted by noise resulting from truck delivery, roof top mechanical equipments and any other noise sources. As a condition of approval, the applicant will be required to submit a noise study, which will be peer reviewed. The applicant will be required to revise the site plan, if necessary, as recommended by the peer reviewer.
An Illumination
Plan is required
There is potential for outdoor lighting from the proposed commercial development to impact the abutting residential properties to the west. As a condition of approval the applicant will be required to submit an illumination plan, which will be peer reviewed. The illumination plan and/or site plan will have to be revised as recommended by the peer reviewer to ensure that any impacts on the residential properties to the west are minimized.
Sustainability Initiatives
The applicant proposes to incorporate a wide variety of sustainability initiatives for this development. A letter from the applicant itemizing their proposed sustainability initiatives for this retail plaza is attached as Appendix “C”. Inclusion of these measures in the project will be secured through the site plan agreement process.
A public meeting was held on
On
Issues identified in the preliminary staff
report have been addressed to staff’s satisfaction
The applicant
has resolved the concerns/issues identified in the preliminary report with
respect to the Zoning By-law Amendment application dated
Ensure that
all of the properties have merged on title
The preliminary report indicated that the three properties which make up this development site needed to be merged on title so that the entire site can be considered to be one property for the purpose of Zoning By-law and Building Code interpretation. Prior to the Director of Planning and Urban Design endorsing the site plan and building elevations, the application’s solicitor will need to confirm that all of the individual parcels that make up this development site have merged on title, to the satisfaction of the Town Solicitor.
Submission of a functional
servicing study
The submission of a functional servicing study to determine how the subject lands and the adjoining commercial lands to the south are to be municipally serviced was identified as an issue in the preliminary report. The applicant and the landowner to the south, who has also submitted a site plan application to permit a commercial plaza, have submitted all of the required engineering plans and studies indicating how the lands between Major Mackenzie Drive and Castlemore Avenue on the west side of Markham Road are to be municipally serviced. Engineering staff are currently reviewing these plans and studies and are confident that these lands can be adequately serviced.
Development standards adjacent
to the existing residences to the west
Also raised in the preliminary report was the need to determine any special development standards that may be required adjacent to the existing residences within the subdivision to the west. The portion of the subject property that is currently zoned Major Commercial requires a minimum 6 metre wide landscape strip adjacent to the existing residential development to the west. The amending by-law will include a similar provision to ensure that the parcel at the north end of the site will also provide adequate landscaping and screening adjacent to the residences to the west.
The original site plan presented at the public meeting showed 24 parking spaces located behind Building ‘A’ adjacent to the existing residential development to the west. The applicant has removed these activities and this area is proposed to be a landscaped. Staff are satisfied that no additional development standards are required.
Ensure rezoning application is
consistent with the Town initiated Official Plan and Zoning By-law Amendments
The preliminary report indicated the need to ensure that the proposed rezoning application is consistent with the Town initiated Official Plan, Secondary Plan and Zoning By-law amendments. As indicated above, a final recommendation report together with draft Official Plan and Zoning By-law Amendments will be brought forward to Committee in the Fall of 2008. The portion of the subject site that is to be rezoned will be included in the Town initiated amendments.
Conclusion
Staff are satisfied with the
proposed site plan and recommend that it be endorsed in principle subject to
matters outlined in this report and the conditions attached in Appendix ‘A’. Staff also recommend that the Zoning By-law
Amendment contained in Appendix ‘B’, be finalized and enacted.
FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)
Not applicable
HUMAN RESOURCES CONSIDERATIONS
Not applicable
ALIGNMENT WITH STRATEGIC PRIORITIES:
The proposal
aligns with the following Town of
BUSINESS UNITS CONSULTED AND AFFECTED:
The site
plan application submitted by the applicant has been circulated to various
departments and external agencies.
Requirements of the Town and external agencies have been reflected in
the preparation of 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 of Planning and Urban Design Commissioner of Development Services
Figure 1 – Location Map
Figure 2 – Area Context/Zoning
Figure 3 – Air Photo 2007
Figure 4 – Site Plan
Figure 5a, 5b, 5c, 5d and 5e – Conceptual Building Elevations
Figure 6 – Lands to be rezoned
Appendix ‘A’ – Recommended Site Plan Conditions
Appendix ‘B’ – Draft Zoning By-law Amendment
Appendix ‘C’ – Letter from applicant regarding implementation of sustainable initiative
AGENT:
Mr. David McKay, MCIP, RPP
MacNaughton Hermsen Britton Clarkson Planning Limited
Tel: 905-761-5522; Fax: 905-761-5589
File Path: Q:\Development\Planning\APPL\SITEPLAN\08
106746 (Wismer Commons Commercial Development)\final recommendation report.doc