Report to: Development Services Committee Report Date: December 2, 2008

SUBJECT: Preliminary Report

Kylemore Post Road Limited (Village Grocer)

Applications for an Official Plan Amendment, Zoning By-law Amendment and Site Plan application to permit a commercial building.

4472 and 4476 16^th Avenue

OP.08-129443, ZA.08-118671 and SC.08-118753

PREPARED BY: Teema Kanji, Senior Planner - West Development District

RECOMMENDATION:

That the staff report entitled “Preliminary Report: Kylemore Post Road Limited (Village Grocer) Applications for an Official Plan Amendment, Zoning By-law Amendment and Site Plan application to permit a commercial building at 4472 and 4476 16^th Avenue” (OP. 08-129443, ZA.08-118671 and SC.08-118753) be received;

That a Public Meeting be held to consider Official Plan and Zoning By-law Amendments (OP. 08-129443, ZA. 08-118671) submitted by Kylemore Post Road Limited (Village Grocer);

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

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

6. Accessibility 7. Engage ^21st 8. Affected Units 9. Attachment(s)

PURPOSE:

The purpose of this report is to provide preliminary information regarding applications submitted by Village Grocer for Official Plan Amendment, Zoning By-law Amendment and Site Plan application to permit a commercial building at 4472 and 4476 16^th Avenue and to recommend that a statutory Public Meeting be held to consider the proposed applications.

BACKGROUND:

Complete Application

Official Plan and Zoning By-law Amendment applications submitted by Village Grocer were deemed complete on November 13, 2008.

Property and Area Context

The subject property has an area of approximately 0.6 hectares (1.5 acres) and is located at the northeast corner of 16^th Avenue and Yorkton Blvd just west of Kennedy Road (Figure 1). The property is bounded by three streets (16^th Avenue, Yorkton Blvd and Kylemore Way) and contains a temporary pumping station, a vacant bell telephone building and a temporary sales trailer (Kylemore).

Adjacent uses include (Figure 3):

• Townhouses and vacant lands proposed to be developed with single detached houses to the north;
• Open Space and single detached houses to the south across 16^th Avenue;
• Unionville Montessori school to the east; and
• Open space lands and vacant lands proposed to be developed with single detached houses to the west.

Proposal

The applicant is proposing to construct a 3, 128 m² (33,670 ft²) commercial building with a supermarket (Village Grocer) and office uses on the second floor (Figures 4 & 5) as follows:

Village Grocer (main floor) 1,461 m² (15,727 ft²)

Village Grocer (basement) 1,269 m² (13,659 ft²)

Office Uses (2^nd Floor) 398 m² (4,284 ft²)___

TOTAL GFA 3,198 m² (33,670 ft²)

The basement will be used for storage and some minor food preparation (ie. baked goods). The applicant is proposing to use the covered walkway (3 m) in the parking lot for seasonal outdoor display of goods.

There is sufficient parking on site to accommodate the proposed development. The Parking By-law requires 80 parking spaces and 80 parking spaces have been provided.

In May 2006, Council approved Official Plan and Zoning By-law Amendments for the residential lands to the north (Kylemore) and a portion of the subject lands (Part 1). As part of these approvals, a concept plan was presented to Council for Part 1. The concept plan proposed a 1,591 m² (17,130 ft²) commercial building with massing along the 16^th Avenue frontage (Figure 6).

The applicant recently purchased lands from Bell Canada (Part 2) and is now proposing to construct a 3,100 m² commercial building along the north property line with parking at the front of the building (Figure 4 & 5). The relocation of the proposed building to the north end of the property is due to site constraints related to servicing easements. The site plan is under review, and may require further refinements as outlined in this report.

OPTIONS/ DISCUSSION:

Commercial uses permitted on Part 1 lands

In June 2006, Council approved OPA 155 which designated the majority of the lands (Part 1) from AGRICULTURE 1 to URBAN RESIDENTIAL – Neighbourhood Commercial Centre.

OPA 155 permits convenience retail and office uses, with a maximum gross floor area of 1,900 m² within one building and with a maximum retail component of 1,400 m² on Part 1 lands. The applicant is currently proposing one building on the property (Parts 1 and 2) with a total gross floor area of 3,128 m² with a retail component of 1,461 m². OPA 155 also indicates that service and loading facilities shall not be permitted between the building and any public street, and must be suitably screened from public streets and internal driveways. Due to the relocation of the proposed building to the north end of the site, the loading and service facilities would front onto 16^th Avenue (Figure 4). The applicant must demonstrate that the loading and service areas can be suitably screened from 16^th Avenue.

Official Plan amendment required to permit commercial uses on Part 2 lands

The Official Plan designates the Part 1 portion of the lands as Urban Residential and the remainder of the lands (Part 2) as AGRICULTURE 1 with a Future Urban Area overlay.

The Future Urban Area overlay, established by OPA 5 as adopted in 1993, indicates that the lands are intended for future urban development. The Town’s Official Plan requires the preparation of a Secondary Plan prior to proceeding with any development of the subject lands. The surrounding lands to the north and east are subject to the same requirements of the Official Plan. In lieu of a Secondary Plan Amendment, OPA 155 was approved by Council which addresses a similar range of policy and development issues, on a site specific basis, as would be addressed by a full Secondary Plan. An Official Plan Amendment is required:

· to redesignate the lands from AGRICULTURE 1 to URBAN RESIDENTIAL – Neighbourhood Commercial Centre to permit a commercial building;

· to permit an increase in the maximum total gross floor area from 1,900 m² to 3,198 m²; and

· to include these lands within OPA 155 so that the property is subject to the same policies as the surrounding lands.

Zoning By-law amendment required

The majority of the site (Part 1) is zoned NC3*327 (H) [Neighbourhood Commercial Three *327 (Hold)] pursuant to By-law 177-96, as amended (Figure 3). The remainder of the site (Part 2) is zoned Rural Residential Four (RR4) pursuant to By-law 304-87, as amended.

Neighbourhood Commercial permits supermarkets and business offices. The holding zone provision requires that a site plan agreement be executed with the Town, prior to removal of the hold.

A zoning by-law amendment is required to rezone Part 2 to permit the proposed commercial building.

Bell Canada easement located on the property

The Town recently approved a consent application (B/12/08) to permit a Bell Canada easement along the easterly portion of the property (Figure 4). A Bell Mobility room is proposed in the basement of the proposed commercial building, which will be accessible from a separate entrance and stairs.

Potential Benefits of Approval of the Proposal:

This proposal would provide the following benefits:

• Allow the applicant to consolidate lands and develop a comprehensive commercial development to serve the surrounding community.

Concerns/Issues to be resolved

The following is a brief summary of concerns/issues raised to date. These matters, and any others identified through the circulation and detailed review of the proposal, will be addressed in a final staff report to be presented to Committee at a later date.

• York Region is concerned with the proposed limited distance between the access point to 16^th Avenue and Yorkton Blvd.
• The Fire Department requires two accesses into the proposed commercial site. If the Region does not approve the access point from 16^th Avenue, the Fire Department will require the access point to the north to be made permanent.
• Applicant has purchased lands (Part 2) from Bell Canada. The applicant will be required to merge the lots prior to the execution of a site plan agreement with the Town.
• Town will require a better understanding of what is proposed within the Bell Canada easement.
• Proposed servicing and loading facilities adjacent to 16^th Avenue require additional screening.
• Size and layout of proposed commercial building, and location of loading, service areas, and outdoor seasonal display requires further review.
• Applicant must provide the Town with a list of sustainable development practices proposed for the commercial development.
• There is a potential for outdoor lighting from the proposed commercial development to impact the abutting residential properties to the north and south across 16^th Avenue. An illumination plan must be submitted to the Town for review.
• Landscaped areas, and extent of plant materials, may need to be increased to offset hard surface areas and provide additional buffer planting and screening of parked vehicles.

It would be appropriate to hold a Public Meeting to obtain further comments on these applications.

FINANCIAL TEMPLATE

There are no financial implications for the Town in this report.

ENVIRONMENTAL CONSIDERATIONS:

None at this time.

ACCESSIBILITY CONSIDERATIONS:

None at this time.

ALIGNMENT WITH STRATEGIC PRIORITIES:

The proposed development aligns with Council’s Strategic Priorities in that it provides service opportunities to the surrounding community.

DEPARTMENTS CONSULTED AND AFFECTED:

The applications have been circulated to internal departments and external agencies for comment.

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:

Figure 1: Location Map

Figure 2: Zoning and Area Context

Figure 3: Air Photo

Figure 4: Proposed Site Plan

Figure 5: Proposed Elevations

Figure 6: Concept Plan presented to Council in 2006

Applicant/Agent: Petroff Partnership Architects

c/o Peter Petroff

260 Town Centre Boulevard

Markham, ON

L3R 8H8

Tel: (905) 470-7000

Fax: (905) 470-2500

File path: Amanda\File 08 118671\Documents\Preliminary Report