Report to: Development Services Committee                                  Report Date: June 17, 2008

 

 

SUBJECT:                          RECOMMENDATION REPORT

                                            Dougson Investments Inc. (Village Nissan)

                                            Official Plan and Zoning By-law amendment applications to permit an automobile dealership on the south side of future South Unionville Avenue, east of Kennedy Road

                                            South Unionville Community

                                            File Nos. OP.06-132776 and ZA.06-132779

 

PREPARED BY:               Scott Heaslip, ext. 3140

                                            Senior Project Coordinator

                                            Central District

 

 

RECOMMENDATION:

That the staff report dated June 17, 2008 entitled “Dougson Investments Inc. (Village Nissan), Official Plan and Zoning By-law amendment applications to permit an automobile dealership on the south side of future South Unionville Avenue, east of Kennedy Road, South Unionville Community, File Nos. OP.06-132776 and ZA.06-132779;” be received;

 

And that the minutes of the April 8, 2008 Public Meeting to consider the requested Official Plan and zoning by-law amendments, be received;

 

And that the applications by Dougson Investments Inc. (Village Nissan) to amend the Town’s Official Plan and zoning by-laws to permit an automobile dealership on the south side of future South Unionville Avenue, east of Kennedy Road, be denied; 

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

EXECUTIVE SUMMARY:

Dougson Investments Inc. (Village Nissan) has applied to amend the Official Plan, the South Unionville Secondary Plan and the zoning by-laws to permit an automobile dealership on the south side of future South Unionville Avenue, east of Kennedy Road.

 

Staff are recommending that the applications be denied for the following reasons:

  • The proposed use is fundamentally inconsistent with the collective policy direction of the Province and Region, which encourages higher density, mixed-use, transit supportive development along arterial road corridors, rapid transit corridors and in the vicinity of GO Rail stations.   
  • The use is fundamentally inconsistent with the planned function of the applicable Secondary Plan designations - “Community Amenity Area” (commercial uses serving community residents within mixed-use developments), and “Low Density Housing” (grade related residential uses).
  • The commercial use would intrude into the residential interior of the South Unionville Community, increasing the potential exposure of the residential community to the noise, light, and visual impacts of the dealership use.
  • The use represents an underutilization of the site, which is well served by VIVA’s rapid transit service and convenient to the Unionville Go Train Station.
  • The use could jeopardize a planned north-south local road connection between South Unionville Avenue with Helen Avenue.   This road is an important component of the community infrastructure of South Unionville. 
  • The use has the potential to result in commercial uses being extended a full two blocks into the community on the north side of Helen Avenue.

 

1. Purpose                     2. Background                      3. Discussion                        4. Financial        

 

5. Others (HR, Strategic, Affected Units)                                   6. Attachment(s)

PURPOSE:

The purpose of this report is to discuss applications to amend the Town’s Official Plan and zoning by-law to permit an automobile dealership on the south side of future South Unionville Avenue, east of Kennedy Road.  It is recommended that the applications be denied for the reasons outlined in this report.    

 

BACKGROUND:

 

Location and Site Characteristics

The subject lands are located east of the existing BMW Dealership on the north side of Helen Avenue in the South Unionville Community (Figure 2). The lands subject to the application have an area of approximately 1.13 ha (2.79 acres).  There is an older vacant single detached house with some mature trees along the Helen Avenue frontage.   The remainder is vacant with no significant vegetation.

 

The applicant owns additional lands to the north of the subject site (see Figure 2), including a portion of future South Unionville Avenue and lands which are part of the Jolie Homes site.  Jolie Homes has an agreement to purchase lands from the applicant and has applied for Official Plan and zoning by-law amendment for a mixed-use development accommodating commercial and residential uses.   To the west is the Town and Country BMW dealership. To the south across Helen Avenue and to the east are vacant lands and existing single detached dwellings.

 

Official Plan and Zoning 

The westerly portion of the subject lands is designated “Commercial” in the Official Plan and “Community Amenity Area” in the South Unionville Secondary Plan (OPA 22) (see Figure 4).  The remainder, being the majority of the site, is designated “Urban Residential” in the Official Plan and “Low Density Residential” in the Secondary Plan. Both the “Community Amenity Area” and the “Low Density Residential” designations do not provide for retail uses involving accessory outdoor storage and/or display of merchandise.

 

The lands are currently zoned “Rural Residential One” (RR1) under Rural Area By-law No. 304-87.  This zone permits single detached dwellings.

 

Proposed Development

The applicant is proposing to relocate the existing Village Nissan dealership, currently located on the north side of Highway 7, west of Kennedy Road, to the subject property.

 

The concept plan submitted with the application (Figure 5) shows a 1000 square metre (10,760 square foot) building fronting onto future South Unionville Avenue, with a car display area in front of the building and an extensive car parking/storage area to the rear.

 

Vehicular access is proposed from the future extension of South Unionville Avenue. A secondary restricted (right-in/right out) access is also proposed from Helen Avenue. The lands subject to this application have no arterial road frontage.

 

The applicant has not yet applied for site plan approval or submitted elevations of the proposed building. 

 

Requested Amendments

The requested Official Plan Amendment would extend the “Commercial” and “Community Amenity Area” designations across the entire site, and incorporate site specific policies into the Official Plan and Secondary Plan to permit the lands to be used for an automobile dealership, including associated outside storage.

 

The requested zoning by-law amendment would incorporate the lands into By-law 177-96, zone them “Community Amenity Area,” and incorporate site specific use permissions and development standards to permit the proposed automobile dealership.      

 

OPTIONS/ DISCUSSION:

 

The proposed automobile dealership is inconsistent with Provincial, Regional and Town policy

The policies included in the Growth Plan for the Greater Golden Horseshoe encourage increased residential and employment densities along intensification corridors and in the vicinity of major transit stations to support and ensure the viability of transit services and reduce reliance on the automobile.   

 

Regional policy, including Official Plan Amendment No. 43 (Regional Centre and Corridors) and the Region’s Transit – Oriented Development Guidelines, also encourage higher density, mixed-use, transit supportive development along arterial road corridors, rapid transit corridors and in the vicinity of GO Rail stations.   

 

The Town’s Secondary Plan for the South Unionville Community (OPA 22) designates the subject lands “Community Amenity Area” adjoining Kennedy Road and “Low Density Housing” to the rear (Figure 4). The “Community Amenity Area” designation is intended to accommodate commercial uses serving the residents of the South Unionville community within pedestrian friendly, mixed-use developments.  Single use, retail facilities involving accessory outdoor storage and/or display of merchandise are specifically prohibited in this designation. The “Low Density Housing” designation provides for only grade related residential uses.

 

The proposed automobile dealership use represents an underutilization of the site and is fundamentally inconsistent with the collective policy direction of the Province and Region for transit supportive development along major transit routes and in the vicinity of major transit nodes such as GO Rail stations.  As well, it is fundamentally inconsistent with the planned function of the applicable “Community Amenity Area” and “Low Density Housing” designations in the Town documents.  

 

This section of Kennedy Road is an important gateway to Markham Centre and the South Unionville Community. VIVA’s rapid transit service runs along this section of Kennedy Road to and from the Unionville Go Train Station. It should be developed with higher-density, mixed use, transit supportive developments with appropriate transition to the low density area to the east. An appropriate development of the site will support and take advantage of the proximity to transit services, community uses such as YMCA, new schools and parks, consistent with the approved secondary plan policy framework.

 

To support a car oriented, land extensive use, such as a car dealership, is contrary to  current and emerging planning policies for this area.

 

A significant portion of the planned Community Amenity Area has already been displaced by automobile dealership uses

The existing Volkswagen and BMW dealerships occupy the majority of the Community Amenity Area designated lands between future South Unionville Avenue and Highway 407.  The Volkswagen dealership is a long-standing use which pre-dates the Secondary Plan.  The BMW dealership was permitted through site-specific Official Plan and zoning by-law amendments which were approved prior to current policy directions (Growth Plan for the Greater Golden Horseshoe, Regional OPA 43, etc.).  Unlike the proposed dealership, the BMW dealership has frontage and access to Kennedy Road.  It should be noted that the Official Plan and zoning amendments for BMW preserve the residential use opportunity along Helen Avenue.  

 

The proposed Nissan dealership would displace an additional component of the Community Amenity lands, which are intended to intended to accommodate commercial uses serving the residents of the South Unionville community, with a site-specific approval for a dealership and associated outside storage.  This would leave only the block between South Unionville Avenue and Castan Avenue for the planned community amenity population serving uses.   

 

The proposed automobile dealership would intrude into the interior of the South Unionville Community

The subject lands have no frontage on, or access to, Kennedy Road.   The proposed dealership would face and access to the future extension of South Unionville Avenue, one block into the community from Kennedy Road.     

 

The proposed dealership would encroach much further into the adjoining residential community than the existing VW and BMW dealerships, increasing the potential exposure of the residential community to the noise, light, and visual impacts typical associated with automobile dealership uses.  The introduction of retail uses other than local residential population serving retail uses this far into the existing and emerging residential area poses a number of potential conflicts.

 

The car storage area is proposed to extend south, all the way to Helen Avenue.  The Town secured a future residential block along the Helen Avenue frontage of the BMW dealership site to protect the residential character of this section of Helen Avenue.  Approval of the proposed dealership would isolate the future BMW residential block, jeopardizing its long term viability for residential use. The proposed development therefore has the potential to result in commercial uses being extended a full two blocks into the community on the north side of Helen Avenue, impacting on the residential character of Helen Avenue and the amenity of the existing and proposed residential uses on the opposite side of the street.  

 

The proposed development could compromise the intended road network for the South Unionville Community

The approved Community Design Plan for the South Unionville Community (Figure 6) shows a north-south local road connecting South Unionville Avenue with Helen Avenue.  The only other connection between South Unionville Avenue and Helen Avenue is Harry Cook Drive, which is considerably further east. 

 

The preferred alignment of this road includes a significant portion of the subject lands.  However, the applicant opposes this road and will not agree to dedicate any lands for road purposes because it would reduce the area available for the proposed automobile dealership. 

 

The applicant is in discussion with other landowners in the vicinity regarding locating the road further to the east.  The applicant’s proposed alignment would intersect with Helen Avenue 30 metres to the west (measured from the centerline of the two roads) of the intersection with Greenberg Gate. Although the Engineering Department would prefer a greater separation between these roads, they advise that the proposed alignment is technically acceptable.  However, the applicant has not provided confirmation of agreement among the affected landowners.   Should the proposed dealership be approved without the arrangements for the dedication and construction of this road (including cost sharing with other area landowners) being finalized and secured, there is a significant risk that this road may never be constructed.     

 

This road is an important component of the community infrastructure of South Unionville and should not be jeopardized to accommodate the introduction of the proposed automobile dealership and associated outside storage.

 

Conclusions

For the reasons outlined above, staff recommend that the subject applications be denied. 

FINANCIAL TEMPLATE:

Not applicable.

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

The proposed development does not align with any of the Town’s Strategic Priorities.

 

DEPARTMENTS CONSULTED AND AFFECTED:

The subject applications were circulated to Town departments and public agencies for review and comment.

 

 

 

RECOMMENDED  BY: 

 

 

 

_____________________                               ________________________

Valerie Shuttleworth, M.C.I.P., R.P.P.  Jim Baird, M.C.I.P., R.P.P.

Director of Planning & Urban Design    Commissioner of Development Services

 

 

 

ATTACHMENTS:

Figure 1:  Location Map

Figure 2:  Area Context/Zoning

Figure 3:  Air Photo

Figure 4:   Secondary Plan Schedule    

Figure 5:  Conceptual Site Plan

Figure 6:  Community Design Plan

 

 

Owner:             Dougson Investments Inc.         Tel:  (905) 477-3337

                        4600 Highway 7                       Fax:  (905) 940-6636

                        Unionville, Ontario                    Email: scampbell@villagenissan.com

                        L3R 1M5

 

Agent:              Gatzios Planning and Development Consultants Inc.

7270 Woodbine Avenue           tel:  905-475-9191

Suite 302                                  fax:  905-475-8346
Markham, Ontario                    Email: maria@gatziosplanning.com

L3R 4B9

 

 

File: Q:\Development\Planning\APPL\OPAPPS\06 132776 Dougson\Dougson recommendation report.doc