Report to: Development Services Committee Report Date:
SUBJECT: RECOMMENDATION REPORT
2 Tang’s Automotive Centre
Site
plan application to facilitate the expansion of an existing motor vehicle
repair garage.
File
No: SC 05 024524
PREPARED BY: Stacia Muradali, Planner
Central District, Ext. 2008
RECOMMENDATION:
1) That the staff report dated January 12, 2010, titled “RECOMMENDATION REPORT, Ontario Municipal Board Appeal, 2 Tang’s Automotive Centre, 210 Old Kennedy Road, Main Street Milliken, Site plan application to facilitate the expansion of an existing motor vehicle repair garage, File No: SC 05 024524”, be received; and
2) That Council endorse the site plan (File No: SC 05 024524), subject to the conditions attached in Appendix ‘A’, and
3) That Council direct the Town Solicitor and Staff to attend the Ontario Municipal Board Hearing on January 28, 2010, to ensure that the conditions of site plan approval attached in Appendix ‘A’ are imposed by the Ontario Municipal Board; and
4) That Council authorize the Mayor and Clerk to execute a site plan or other development agreement with the Owner of 210 Old Kennedy Road, in a form satisfactory to the Town Solicitor; and
5) That Staff be authorized to do all things necessary to give effect to these resolutions;
EXECUTIVE SUMMARY:
Not applicable.
PURPOSE:
The purpose of this report is to obtain
Council’s direction in connection with a site plan appeal to the Ontario
Municipal Board (OMB) by 2 Tang’s Automotive Centre. The appeal concerns a proposed expansion to
an existing motor vehicle repair garage located at
BACKGROUND:
Subject property and area context
The motor vehicle repair garage was in operation prior to the adoption of the Main Street Milliken Secondary Plan (OPA 144) (the “Secondary Plan”) in 2006. 2 Tang’s Automotive Centre appealed the Secondary Plan, which prohibited automotive commercial uses, including gas stations, automobile repair, car washes and automobile sales, within the Secondary Plan Area. As a result of the OMB appeal, the existing motor vehicle repair garage is recognized as a permitted use.
To the east, there are single family
residential homes, backlotted on the east side of
Proposed expansion to the existing motor vehicle repair garage
A site plan application was
submitted in 2005 to facilitate an expansion to the existing motor vehicle
repair garage. The current operation has
a gross floor area of 192.38 square metres (2,070 square feet). The owner is proposing to expand the existing
operation by adding more repair bays, and undertaking certain site-servicing
upgrades (Figure 4). The proposed gross
floor area is 537.04 square metres (5,780 square feet). There are two (2) existing accesses on
Secondary Plan and Zoning
210 Old Kennedy Road is designated “Community Amenity Area – Main Street” in the Main Street Milliken Secondary Plan, which provides for mixed-use development, including small to moderate scale retail, personal service, restaurant and business uses on the ground floor of a building, with residential uses above. This designation typically prohibits automobile repair uses, however, the existing motor vehicle repair garage is recognized by the Secondary Plan, as the result of an Ontario Municipal Board decision to allow the existing use, further to the owner’s appeal of the Main Street Milliken Secondary Plan. Expansions to the existing operation can occur, provided they are consistent with the applicable zoning standards. As noted below, the proposed expansion will be consistent with the applicable development standards.
OPTIONS/ DISCUSSION:
Environmental clean-up and engineering improvements proposed
There is an existing oil tank, a well
and a septic tank on the subject property, which will all be removed as part of
this site plan application. The owner
had prepared an Environmental Site Assessment which has since been revised, and
now meets Town standards. In addition,
the owner will be connecting to municipal servicing and will improve the storm
drainage on site. The owner will be
required to prepare a stormwater management report, design and drawings for the
extension of the Town infrastructure (sanitary, storm and watermain) to the
satisfaction of the Town, and in conformity with the Main Street Milliken
Servicing Study. The owner has provided
a Noise Study which demonstrates that the proposed expansion should not negatively
impact adjacent properties. A small
portion of land required for a road widening at the corner of
Requirement to join the Main Street Milliken Developers Group
There is a Developers Group in the Main Street Milliken Secondary Plan area. Section 9.1.9 in the Main Street Milliken Secondary Plan states that “property owners shall be required to either enter into one or more Developers Group Agreements, or implement alternative arrangements to address the sharing of common costs of development, as a condition of the development of their lands.”
The owner is required to join the Developers Group and sign the cost sharing agreement to pay its proportionate share of additional sanitary and watermain work which the Group is required to complete for the Main Street Milliken community. The owner will not be responsible for costs related to parks and schools for the area.
At this time, the owner has not resolved the cost sharing matters with the Developers Group. The Trustee of the Developers Group intends to request status at the upcoming OMB hearing, in the event that this matter is not resolved prior to the hearing.
The owner has been requested to pay recoveries
The Town has requested that the owner pay its proportionate share of “best effort” recoveries for the area. The Town has entered into agreements with Cedarland Properties and Krashnik Investments Limited, to collect recoveries on their behalf for oversizing of infrastructure that will benefit the subject property. Staff have provided the owner with the recovery items (see ‘Appendix ‘B’ attached), in favour of historical front-ending landowners.
At this time, the owner has agreed to pay some of the recoveries, but are challenging certain recovery items. The Town has been advised that Cedarland Properties will attend the OMB Hearing in support of its claims, and staff are still waiting for confirmation from Krashnik Investments Limited.
Site plan, landscaping and building elevation improvements
The owner will be consolidating
the accesses on
Conclusion
Staff have been working with the owner to resolve certain issues, including soil remediation, site servicing, building facades, landscaping and screening, prior to reporting on the site plan application. However, there are still some outstanding issues, specifically with respect to the owner’s obligations to the Landowners Group, and payment of recoveries, which the owner opposes. Staff are generally satisfied with the proposed site plan and building elevations, subject to the revisions previously discussed, and subject to the conditions in Appendix ‘A’. Therefore, it is recommended that Council endorse the site plan application, subject to the conditions attached in Appendix ‘A’, and that the Town Solicitor and Staff be authorized to attend the OMB Hearing, to ensure that the conditions of site plan approval are imposed (Appendix ‘A’), and the outstanding issues be appropriately resolved.
FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)
Not applicable.
HUMAN
RESOURCES CONSIDERATIONS
Not applicable.
ALIGNMENT WITH STRATEGIC PRIORITIES:
The proposed site plan application will assist in improving the environmental impacts of the existing operation by cleaning up the site, and removing the existing septic and oil tanks and well.
BUSINESS UNITS CONSULTED AND AFFECTED:
This application has been circulated to Town departments and external agencies and their requirements have been incorporated into this report.
RECOMMENDED BY:
______________________________ _______________________________
Biju Karumanchery, M.C.I.P.,
R.P.P James Baird,
M.C.I.P., R.P.P
Senior Development Manager Commissioner, Development Services
ATTACHMENTS:
Figure 1: Location Map
Figure 2: Area Context/ Zoning
Figure 3: Aerial Photo
Figure 4: Proposed Site Plan
Figure 5: Proposed Building Elevations
Appendix ‘A’: Conditions of Site Plan Approval
Appendix ‘B’: Statement of Recoveries
File path: Amanda\File 05 024524\Documents\Recommendation Report
APPENDIX ‘A’
CONDITIONS OF SITE PLAN APPROVAL
1. That the Owner execute a site plan agreement, which incorporates the following conditions, in addition to the Town’s standard clauses:
Revisions to the Site Plan and Building Elevations and Provision of Additional Plans:
a) That the Owner revise the site plan to provide:
1. the required 6m north landscape strip width; and
2. to relocate the external garbage enclosure internal to the building.
b) That the Owner revise the north building elevation drawing fronting onto Victory Avenue, to the satisfaction of the Director of Planning and Urban Design; and
c) That the Owner provide a landscape plan, to the satisfaction of the Director of Planning and Urban Design; and
d) That the Owner provide a stormwater management report to the satisfaction of the Director of Engineering; and
e) That the Owner provide a plan and profile for the extension of the Town’s infrastructure (storm, sanitary and watermain), to the satisfaction of the Director of Engineering, and in conformity with the Main Street Milliken Servicing Study.
Screening
f) That the Owner erect a fence to screen the westerly portion of the parking area.
Site Servicing
g) That the Owner undertake all site servicing works, in accordance with the stormwater management report, design and drawings for the extension of the Town’s infrastructure, to be approved by the Director of Engineering.
Recoveries and Additional Fees
h) That the Owner pay all applicable fees, recoveries (see Appendix ‘B’ attached), development charges and cash-in-lieu of parkland.
Main Street Milliken Developers
Group
i)
That the Owner enter into one or more Developers Group
agreements, or implement alternative arrangements to address the sharing of
common costs of development, as a condition of the development of their lands.
Environmental Site Assessment
j) That the Owner provides a clearance and
reliance letter from the Environmental Consultant, in regard to the
Environmental Site Assessment, to the satisfaction of the Director of