Report to: Development Services Committee Report Date: June 2, 2009

SUBJECT: Recommendation Report

Applications for Zoning By-law Amendment and Site Plan Approval to permit a gas bar, car wash, and convenience store with a drive-through facility at 2801 Elgin Mills Road East

Clera Holdings Limited

ZA 08 121296 & SC 08 129824

PREPARED BY: Geoff Day, Planner - West Development Team

RECOMMENDATION:

That the report dated June 2, 2009, entitled “Recommendation Report - Applications for Zoning By-law Amendment and Site Plan Approval to permit a gas bar, car wash, and convenience store with a drive-through facility at 2801 Elgin Mills Road East, Clera Holdings Limited” be received;

THAT Zoning By-law Amendment application (ZA 08 121296) to amend By-law 177-96, as amended, submitted by Clera Holdings to permit a gas bar, car wash, and convenience store with a drive-through facility at 2801 Elgin Mills Road, be approved and the draft Zoning By-law Amendment attached as Appendix ‘A’, be finalized and enacted;

THAT Site Plan Approval application (SC 08 129824) submitted by Clera Holdings to permit a gas bar, car wash, and convenience store with a drive-through facility at 2801 Elgin Mills Road, be endorsed in principle, subject to the conditions attached as Appendix “B”.

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.

AND THAT Staff be authorized and directed to do all things necessary to give effect to this resolution.

PURPOSE:

The purpose of this report is to recommend approval of applications for re-zoning and Site Plan Approval to permit a gas bar, car wash, and convenience store with a drive-through facility at 2801 Elgin Mills Road.

BACKGROUND:

Property and Area Context

The subject property is approximately 0.63 hectares (1.56 acres) in area and is located at the southwest corner of Elgin Mills Road and the Future Woodbine Avenue By-pass, within the Cathedral Community (see Figure 1). The lands are presently vacant with a tributary of Carleton Creek located immediately to the west of the subject lands. The application has been circulated to the Toronto Region Conservation Authority (TRCA). Their requirements are outlined later in this report.

To the north, across Elgin Mills Road are vacant lands proposed for a stormwater management pond. To the northeast and east are vacant lands proposed for residential plans of subdivisions. To the south are vacant lands designated and zoned for employment uses. To the west are lands zoned rural residential but designated open space and Business Corridor in the Official Plan and Cathedral Secondary Plan.

Official Plan, Secondary Plan and Zoning

The subject lands are designated Business Corridor Area in the Official Plan. The subject lands are also designated Business Corridor in the Cathedral Community Secondary Plan (OPA 42). The Secondary Plan was originally approved by York Region in 1997, amended by Town Council in June 2004 and approved by the Region in 2005. These designations provide for gas bars, car washes, and convenience stores, subject to the review of a specific development proposal and rezoning to the satisfaction of the Town.

The subject property is zoned Business Corridor (BC) by By-law 177-96, as amended (see Figure 2). The BC zone does not permit the proposed uses as of right and a zoning amendment is required.

PROPOSAL:

The applicant is proposing a 12 pump Esso gas bar, associated 297 m² “On the Run” convenience store/drive through restaurant and a 109.5 m² car wash on the southern portion of the site (see Figure 4). Extensive perimeter landscaped areas have been incorporated along both the Elgin Mills Road and future Woodbine Avenue By-pass frontages (see Figure 7).

OPTIONS/DISCUSSION:

Restrictions on drive-throughs

On November 4th, Staff tabled a report titled “Potential Regulation of Drive-Through Facilities”.   The next stage of this study will be to engage and consult with the development industry. Staff expect to report back to the Development Services Committee on this matter in the fall. This application predated the initiation of the drive through study.  As the study progresses, Staff will work with future applications that include drive through components in order to implement guidelines that are emerging from the planning study.

Public meeting held on February 3, 2009

A public meeting was held on February 3, 2009 to consider the proposed zoning by-law amendment and site plan applications. At the public meeting, concerns were expressed regarding the drive-through facility and in particular, regarding its exposure to the abutting arterial roads. Concern was also expressed regarding service for physically challenged individuals who would potentially have to call 24 hours in advance to make arrangements for assistance with obtaining gas.

The applicant considers the proposed drive-through to be an essential component of this proposal. Planning and Urban Design Staff have reviewed the appropriateness of the drive-through facility at this location from an aesthetic standpoint. The proponent has agreed to provide a substantial landscaped area (10 metres in depth along the Woodbine Avenue By-pass frontage to 16 metres in depth along the Elgin Mills Road frontage with intensive landscaping) between the convenience store building and the arterial roads. Staff is of the opinion that the proposed landscaped areas will effectively screen the queuing area of the drive through restaurant from the adjacent roads (see Figure 7).

The applicant explained at the public meeting the rationale for not having a full service component at this location.  It is the applicant’s opinion that Esso’s business policy does meet Council’s 2005 mandate to provide full service to people with physical challenges. The applicant’s position is that this mandate is achieved by providing people with physical challenges the opportunity to call the gas station 24 hours in advance and make arrangements to have gas pumped for them.

Staff is disappointed with Esso’s refusal to incorporate a full service component as set out in Council’s September 2005 mandate. Staff is of the opinion that requiring individuals to have to plan their trips a day in advance is not realistic, appropriate or practical. However, as new regulations for the Accessibly for Ontarians with Disabilities Act, 2005 are now in force, businesses and organizations that provide goods or services to people in Ontario will be legally required to make their customer service operations accessible to people with disabilities by January 1, 2012.

Section 3.(2)3. of the Act states that:

“Persons with disabilities must be given an opportunity equal to that given to others to obtain, use and benefit from the goods or services.”

The new regulations of this Act are expected to remove barriers to customer service in such areas as operational practices, policies and procedures. Proponents will be required to address these regulations within the next 30 months. As a condition of Site Plan Approval, Staff will require that the owner acknowledge the Provincial requirement to comply with the Accessibly for Ontarians with Disabilities Act, 2005, and make their customer service operations accessible to people with disabilities by January 1, 2012. It is expected that the gas bar will provide “full pump service” in addition to “self pump service” at this location by January 1, 2012.

Restaurant use restricted

In order to mitigate any future expansion of the restaurant portion of the proposed development, Staff have further restricted the restaurant use to that of a “take-out restaurant”, defined in the zoning By-law as:

“… a premises designed and used for the sale of food or refreshments to the public for consumption off the premises and may include, as an accessory use, a seating area for up to twelve patrons.”

In addition, the area of the take-out restaurant portion of the convenience store will be limited to 75 m² (807 ft²) to ensure that the take-out restaurant remains accessory to the primary uses on the site (see Appendix A).

Traffic concerns have been addressed

As this site is located at the intersection of two regional roads, Regional Staff required that a Traffic Impact Study be conducted. The results of the study submitted in late 2007 required that the median proposed along the centre of the Woodbine Avenue By-pass be extended southward beyond the site’s southerly access point from Woodbine By-pass. This modification has been incorporated into the final site plan.

The site and building design have been improved

Staff’s Urban Design Group have worked with the applicant to improve the appearance of the convenience store and car wash buildings.   Specifically, Staff required modifications to the standard building design to be more in keeping with the character of the adjacent Cathedral residential community.  Design Staff have achieved several modifications to the original design.  Several column elements have been introduced to the structure to punctuate the flat façade.  The proposed columns are to be constructed in a “stone-like” material which is consistent with the base treatment of the building. 

On the north side of the building, Staff required that the drive through element project from the primary building face. The projection is minor but will provide greater emphasis on the drive through area.  An additional material called, “Hardi-board” has been introduced and is limited to the dormers.  The “Hardi-board” supports the desire to create a building which is more sympathetic to adjacent residential development. The remaining portion of the building will be stucco.  The roof height was increased by an additional 15 cm (6 inches) to provide greater street presence.  The roof overhang was also increased by an additional 15 cm (6 inches) to provide some weather protection and moderate relief to the building profile.

The column element of the car wash facility was also required to be increased in width and constructed in stone to match the building base.

Due to the high visibility of the site, Staff have required an enhanced landscaped area along the Woodbine Avenue and Elgin Mills Road frontages.  These areas are to be well landscaped and will comprise of a range of planting from high branching deciduous trees, to coniferous and decorative shrubs (See Figure 7).

All lighting will be required to be of directional form in order to minimize lighting impacts on surrounding properties and on night skies.  

The site plan and elevations as currently proposed are supported by Staff.

Sustainable design features

The applicant has submitted a list of sustainable design features to be implemented on site. They include the following:

• An energy management system to reduce the overall electricity consumption
• HVAC economizer which reduces HVAC energy uses in cold and temperate climates by using cool outside air as a means of cooling indoor spaces
• Double pane windows on convenience store
• Energy efficient lighting and motion activated lighting in low traffic areas
• High efficiency boiler system
• Motion activated washroom fixtures
• Drought resistant trees and shrubs that minimize water usage.

TRCA comments addressed

The TRCA identified a small area along the western portion of the property that is within the stream corridor of the East Branch of Carleton Creek (see Figure 3). These lands have not been designated as Hazard Lands in the Official Plan which would require them to be conveyed into public ownership. The TRCA have not requested that this portion of the stream corridor be conveyed into public ownership. However, in order to ensure preservation of the stream corridor, a portion along the western boundary of the property was required to be zoned into an appropriate “Open Space” designation allowing only naturalized vegetation in that area. This has been provided for in the amending zoning By-law (see Appendix A).

FINANCIAL CONSIDERATIONS:

No financial considerations in this report

ENVIRONMENTAL CONSIDERATIONS:

The site plan application has been circulated to the TRCA and their requirements are reflected in this report. A portion of the property is proposed to be zoned into an open space designation and left in a naturalized state.

ALIGNMENT WITH STRATEGIC PRIORITIES:

The proposed development aligns itself with the strategic priority of Growth Management by meeting the local retail needs of the residents of the surrounding neighbourhoods as well as the travelling public.

BUSINESS UNITS CONSULTED AND AFFECTED:

The proposed development has been reviewed by Town Departments and external agencies. Department/agency requirements have been incorporated in the conditions of site plan approval.

_____________________________	___________________________________
Biju Karumanchery, M.C.I.P., R.P.P. Senior Development Manager Planning and Urban Design Department	Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services

File path: Amanda\File 08 121296\Documents\Preliminary Report

ATTACHMENTS:

Figure 1 - Applicant/Agent & Location Map

Figure 2 - Area Context/Zoning

Figure 3 - Air Photo

Figure 4 – Proposed Site Plan

Figure 5 – Convenience Store Elevations

Figure 6 – Car Wash Elevations

Figure 7 – Landscape Plan

Appendix ‘A’ - Draft Zoning By-law

Appendix ‘B’ – Draft Site Plan Conditions

Figure 1

Applicant/Agent/Owner:

Todd Trudelle Goldberg Group 2171 Avenue Road, Suite 301 Toronto, ON M5M 4B4 Tel: (416) 322-6364 ext. 2103 Fax: (416) 932-9327

Don Dussault Manager – Real Estate Development Imperial Oil Limited P.O. Box 1490 Fonthill, ON L0S 1E0 Tel: (905) 736-0194 Fax: (905) 892-4995

Appendix A

EXPLANATORY NOTE

BY-LAW 2009-XXX

A by-law to amend By-law 177-96, as amended

Clera Holding Limited

Block 82 65M-4033

LANDS AFFECTED

The By-law applies to a 0.63 hectare (1.56 acre) property, located on the south side of Elgin Mills Road, west of Woodbine Avenue, in the Cathedral Secondary Plan Area.

EXISTING ZONING

The lands subject to this By-law are presently zoned Business Corridor (BC) under By-law 177-96, as amended.

PURPOSE AND EFFECT

The purpose and effect of this by-law amendment is to permit additional commercial uses and to protect an existing drainage channel on the western portion of the subject lands. The amendment will permit a gas bar, car wash, take-out restaurant with a drive through service facility and accessory retail uses.

BY-LAW 2009-XXX

A by-law to amend Urban Expansion Area Zoning By-law 177-96, as amended

(Clera Holding Limited, Block 82 65M-4033)

THE COUNCIL OF THE CORPORATION OF THE TOWN OF MARKHAM HEREBY ENACTS AS FOLLOWS:

1. By-law # 177-96, as amended, is hereby further amended as follows:

1.1 By rezoning the lands identified as Block 82 65M-4033, shown on Schedule ‘A’ attached hereto;

From Business Corridor *309 (B.C.*309)

to

Business Corridor *309*370 (B.C.*309*370) and Open Space One (OS1)

1.2 By adding the following new subsection to Section 7 – EXCEPTIONS to By-law 177-96:

7.370 South side of Elgin Mills, west of Woodbine Avenue – Clera Holdings Limited

Notwithstanding any other provision of this By-law, the provisions in this section shall apply to those lands denoted by the symbol *370 on the Schedule to this By-law. All other provisions of this By-law, unless specifically modified/amended by this section, continue to apply to the lands subject to this Section.

7.370.1 Additional Permitted Uses

The following additional uses are permitted:

a) Gas bar

7.370.2 Special Site Provisions

The following additional provisions apply to a gas bar:

a) An accessory retail store and take-out restaurant with a drive-through service facility is permitted provided the net floor area for the take-out restaurant with a drive-through service facility does not exceed 75 m².

2. All other provisions of By-law 177-96, as amended, not inconsistent with the provisions of this by-law shall continue to apply.

READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS __^TH DAY OF _________, 2009.

_______________________________ __________________________

KIMBERLEY KITTERINGHAM FRANK SCARPITTI

TOWN CLERK MAYOR

Appendix B

1. That prior to endorsement of the site plan:

a) the applicant submit final site plan, building elevation and landscape drawings to the satisfaction of the Director of Planning and Urban Design, including any revisions required to implement the recommendations of the required stormwater management report;

b) the applicant obtain approval of the Stormwater management report by the director of Engineering or his designate;

c) the applicant submit a Landscape Plan, prepared by a Landscape Architect having O.A.L.A. membership, to the satisfaction of the Director of Planning and Urban Design;

2. That prior to final site plan approval, the applicant 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;

3. That the Owner and the gas bar operator acknowledge the Provincial requirement to comply with the Accessibly for Ontarians with Disabilities Act, 2005, and make their customer service operations accessible to people with disabilities by January 1, 2012.

4. And that this endorsement shall lapse and final approval will not be issued, after a period of three years commencing June 2, 2009 in the event a site plan agreement is not executed within that period.