Report to: Development Services Committee                         Report Date: December 14, 2009

 

 

SUBJECT:                          RECOMMENDATION REPORT

                                            Goldbrite Trading Company Ltd.

                                            Zoning By-law amendment and site plan applications to permit a day care centre at 7750 Kennedy Road

                                            (South-west corner of Kennedy Road and 14th Avenue)

 

                                            File Nos: ZA 09 116954 & SC 09 122391

 

PREPARED BY:               Stacia Muradali, ext. 2008

                                            Planner, Central District

 

 

 

RECOMMENDATION:

 

1)                  That the report dated December 14, 2009 titled “RECOMMENDATION REPORT, Goldbrite Trading Company Ltd.  Zoning By-law amendment and site plan applications to permit a day care centre at 7750 Kennedy Road, (South-west corner of Kennedy Road and 14th Avenue) File Nos: ZA 09 116954 & SC 09 122391,” be received;

 

2)                  That the Zoning By-law amendment application (ZA 09 122391) submitted for 7750 Kennedy Road be approved, and that the draft implementing Zoning By-law amendment be finalized and enacted at a later date, upon finalization of the site plan issues identified in this report;

 

3)                  That Site Plan be endorsed and final 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;

 

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

 

 

EXECUTIVE SUMMARY:

Not applicable.

 

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 and recommend approval of the Zoning By-law amendment application and to recommend endorsement of the Site Plan application to permit a day care centre at 7750 Kennedy Road.

BACKGROUND:

Subject property and area context

7750 Kennedy Road (the “subject property”) is located at the south-west corner of Kennedy Road and 14th Avenue (Figure 1).  An existing commercial/retail plaza with uses such as restaurants, offices, spa, bakery, social club and dry cleaners, currently occupies the subject property.  Commercial and restaurant uses, institutional (Milliken Community Centre) and residential uses surround the subject property (Figure 3).

 

Proposal is to introduce a day care centre within the existing plaza

Goldbrite Trading Company Ltd has submitted an application to amend the Zoning By-law to permit a day care centre.  The proposed day care centre will be approximately 492 m2 (5,300 ft2) and be located within a vacant unit in the middle area of the existing plaza (Figure 4).  The proponent is proposing to provide the required outdoor play area on the second storey and roof area of the building.  The proposed 75 m2 (806 ft2) outdoor play area will accommodate a maximum of 16 children and 2 staff members.  The proponent has indicated that the day care will have an estimated maximum of 50-60 children with approximately eight (8) staff members.

 

Zoning By-law amendment is required to permit the proposed day care centre

The Official Plan designates the subject property “Commercial – Community Amenity Area” which provides for day care centres, retail and service uses, offices, entertainment and recreational uses, restaurants, private and commercial schools.  A Zoning By-law amendment is required as the subject property is zoned “Special Commercial One (SC1)” which does not permit a day care centre (Figure 2).

 

Public meeting held on October 20, 2009

The statutory public meeting was held and written submissions were received from several tenants in the plaza, in support of the proposed day care centre.  One written submission was received expressing concerns with the volume of traffic.  Some of the other issues raised in the preliminary staff report and at the Public Meeting are addressed below, and include the following:

 

  • Children’s safety
  • Size of the proposed play area
  • Sun exposure
  • Incorporating a portion of the roof as white roof
  • Increasing the greenery (more planters) around the play area.

                                                                                                                                                                                                                                                                                                                                                                                                                                  

 

OPTIONS/ DISCUSSION:

Parking assessment study undertaken

170 parking spaces are provided on the subject property, which exceeds the parking requirement for the existing plaza including the day care centre, by approximately 13 parking spaces.  The proponent provided a parking assessment study in support of the proposed day care centre.  The study indicated that there is little impact of the day care centre on site operations, and that the majority of drop-off and pick-up activities will generally occur outside the peak demands for the commercial facilities on site.  The study concluded that the existing 170 parking spaces are sufficient to accommodate the addition of the proposed day care centre.

 

Recommendation for designated parking spaces

The parking assessment study recommends that five (5) to six (6) parking spaces be designated near the entrance to the proposed day care centre.  These spaces can be reserved for drop-off and pick-up activities during the time periods of 7:00 to 9:00 am and 4:00 to 6:00pm, with a maximum duration of 15 minutes.  Staff have worked with the proponent and six (6) designated parking spaces will be provided, three (3) on either side of the proposed day care centre entrance.  The site plan will be revised to identify these spaces prior to site plan endorsement (Appendix ‘A’).

 

Noise Study undertaken

A noise study was undertaken for the second storey play area and concluded that the major noise sources impacting the proposed outdoor play area were Kennedy Road, 14th Avenue and roof-top HVAC equipment.  The roof of the building currently has a high parapet which reduces the traffic sound level to an acceptable level for the children’s play area.  However, the noise measured from the roof-top HVAC equipment exceeded the acceptable noise level.  The study concluded that a roof sound barrier with a minimum height of 2.7m (9 ft) be installed to surround the play area.  Following discussions with staff, a supplement to the noise study was provided, recommending alternative noise mitigation measures.  The roof-top HVAC equipment will now be screened and acoustical absorption panels will be installed in place of the sound barrier fence.  Staff have requested scaled drawings to illustrate the visual impact of the screening and confirmation from the noise consultant that the final design meets the appropriate noise criteria, prior to site plan endorsement (Appendix ‘A’).

 

Region of York

Both Kennedy Road and 14th Avenue are under the jurisdiction of the Region of York. The Region has indicated that they do not have any requirements as there is no proposed work within their right-of-way and there would be minimal potential impact on Kennedy Road and 14th Avenue from the introduction of the day care centre.

 

Safety operational and other design features of the proposal

A Canadian Certified Playground Inspector (from Playscape Inspection & Consulting Service Inc.) retained by the proponent, inspected the site and concluded that the proposed outdoor play area will comply with the Day Nurseries Act of Ontario and the Standards for Children’s Playspaces and Equipment.  The inspector also advised that the play area is comparable to other roof-top outdoor play areas in Toronto which have been approved by the province.  It should also be noted that a license from the Ministry of Community & Social Service is required to permit the proposed day care centre, and will be required prior to occupancy (Appendix ‘A’).

 

A 1.5m (5 ft) non-climbable metal fence will be erected on all three (3) sides with the second floor exterior wall of the plaza securing the balance of the area.  This fence, fully encloses the play area thereby maximizing supervision and minimizing hazards.  To support the play area and associated equipment, including a 5’ x 5’ play hut, 5’ x 5’ sand box, other play elements and a wood floor deck, the roof of the adjacent commercial unit, which is currently vacant, will be reinforced. 

 

Revised building elevations will be provided to illustrate the windows which will be added to provide additional sunlight to the floor level of the day care facility. A retractable awning will be installed on the existing second floor exterior wall to shade the play area.  Colour graphics and planters will enhance the play area.  Planters have been added to the exterior of the play area (Figure 5).  A pliable surface will be installed to protect the play area from radiant heat and freezing.  The location of the play area with direct access to the elevator and stair lobby will comply with the Day Nurseries Act of Ontario and provide a fire access and exit route.  The snow will be removed manually and stored at the other areas of the roof.  Staff have also requested that painted pedestrian crossings and signage be added throughout the parking areas, to ensure a safe pedestrian route to the day care centre and other on-site businesses.  These recommendations will be shown on the site plan and elevation drawings prior to site plan endorsement and incorporated into the site plan agreement (Appendix ‘A’).

 

Conclusion

A site –specific amendment to the “Special Commercial One (SC1)” zone in Zoning By-law 90-81, as amended, should be implemented, to add a day acre centre as a permitted use at 7750 Kennedy Road.  The proponent has demonstrated that the proposed day care centre can safely be accommodated and integrated into the existing plaza, and is comparable to other licensed day care centres with rooftop outdoor play areas.  A license from the Ministry of Community & Social Services will be required prior to occupancy.

Staff recommend that the Zoning By-law amendment be approved and enacted at a later date, upon finalization of the site plan issues described above, and the site plan be endorsed in principle, subject to the conditions established in Appendix ‘A’.

 

 

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable.

 

HUMAN RESOURCES CONSIDERATIONS

Not applicable.

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

The proposed day care centre will improve the commercial viability of the existing plaza and provide an essential service to neighbouring residents.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

All comments provided by internal department and external agencies have been incorporated into this report and conditions of site plan endorsement.

 

 

RECOMMENDED  BY: 

 

 

 

 

 

______________________________                    ________________________________

Biju Karumanchery, M.C.I.P., C.P.P                       James Baird, M.C.I.P., C.P.P.

Senior Development Manager                                 Commissioner, Development Services        

 

 

ATTACHMENTS:

Figure 1:                     Location Map

Figure 2:                     Area Context/ Zoning

Figure 3:                     Air Photo (2007)

Figure 4:                     Existing Site Plan

Figure 5:                     Concept Plan for the Rooftop Outdoor Play Area

 

 

AGENT/ CONTACT INFORMATION

Alfred Szeto

Szeto Architect

260 Town Centre Blvd

Unit 102

Markham, ON, L3R 8H8

Tel: 905-513-6126

Fax: 905-470-7700

Email: szetoarchitect@consultant.com

 

 

File path: Amanda\File 09 116954\Documents\Recommendation Report

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX ‘A’

 

SITE PLAN CONDITIONS

 

 

1.         That prior to the site plan and elevation drawings being endorsed by the Director of Planning and Urban Design:

 

a)                  The Owner shall identify six (6) designated parking spaces for the proposed day care centre on the site plan, to the satisfaction of the Director of Planning and Urban Design;

b)                  The Owner shall identify the additional painted pedestrian crossings within the site, to the satisfaction of the Town;

c)                  The Owner shall provide plans showing the screening of the roof top HVAC equipment, acoustical absorption panels and awning details, to the satisfaction of the Town;

d)                  The Owner shall provide revised building elevation drawings illustrating the additional windows, to the satisfaction of the Director of Planning and Urban Design;

e)                  The Owner shall provide a landscape plan to the satisfaction of the Director of Planning and Urban Design; and

f)                    Confirmation from SS Wilson Associates that the outdoor rooftop play area complies with the appropriate noise criteria, to the satisfaction of the Town.

 

2.         That the Owner enters into a site plan agreement with the Town of Markham, containing all standard and special provisions and requirements of the Town and other public agencies including, but not limited to:

 

a)                  Provision for the payment by the Owner of all applicable fees, recoveries, development charges, and cash-in-lieu of parkland dedication;

b)                  Provisions for satisfying all requirements of the Town Departments and external agencies;

c)                  Provision for satisfying any Region of York requirements, should any additional work occur in the Regional right-of-way;

d)                  Provision that the recommendations in the Parking Assessment Study, prepared by MMM Group, dated October 8, 2009 are implemented to the satisfaction of the Town;

e)                  Provision for implementing the recommendations from the “Alternate Noise Control Details, Proposed Daycare Facility within the Shopping Plaza, Kennedy Road and Fourteenth Avenue, Markham, Ontario,” dated November 9, 2009, and prepared by SS Wilson Associates ;

f)                    Provision that the recommendations from Playscape Inspection & Consulting Service Inc. dated March 4 and October 12, 2009 be implemented, to the satisfaction of the Town; and

g)                  Provision that a license from the Ministry of Social and Community Services is issued to the day care after all construction work is completed as per Building Permit drawings, after the Building and Fire Departments have issued their letters of construction, and prior to occupancy.

h)                  Provision to ensure that the roof top play area is kept clear of snow and is properly maintained and operated to the satisfaction of the Ministry of Community and Social Services and the Town.