Report to: Development Services Committee                            Report Date: June 22, 2010

 

SUBJECT:                         RECOMMENDATION REPORT

                                            Seven Star Plaza Inc.

                                            Official Plan, Zoning By-Law Amendment and Site Plan Control Applications for 5261 Highway 7, 5293 Highway 7 and 8495 McCowan Road

                                            Files: OP 08-120413, ZA 08-120455, ZA 03-108688 and        SC 03-108706-001               

PREPARED BY:              Doris Cheng, Senior Planner - East District, ext. 2331

 

 

RECOMMENDATION:

 

1)                  That the report entitled “Recommendation Report. Seven Star Plaza Inc., Official Plan, Zoning By-law Amendment and Site Plan Control Applications for 5261 Highway 7, 5293 Highway 7 and 8495 McCowan Road,  Files: OP 08-120413, ZA 08-120455, ZA 03-108688 and SC 03-108706-001” be received;

 

2)                  That the record of the Public Meeting held on February 3, 2009, regarding the applications for Official Plan Amendment and Zoning By-law amendment be received;

 

3)                  That the Official Plan amendment application submitted by Seven Star Plaza Inc. to redesignate the lands at 8495 McCowan Road, be approved and the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted without further notice;

 

4)                  That the application submitted by Seven Star Plaza Inc. to amend Zoning By-law 1229 as amended, be approved and the draft by-law attached as Appendix ‘B’ be finalized and enacted without further notice, upon staff being satisfied with the parking;

 

5)                  That the Site Plan Application (File No. SC 03-108706-001) submitted by Seven Star Plaza Inc. for the lands at 5261 Highway 7, 5293 Highway 7 and 8495 McCowan Road, be endorsed in principle, subject to the conditions attached as Appendix ‘C’;

 

6)                  That staff continue to work with the applicant to finalize the elevations to integrate an architectural consistency across the new buildings, to the satisfaction of the Town Architect;

 

7)                  That site plan approval be delegated to the Director of Planning and Urban Design or designate, to be issued following execution of a site plan agreement.  Site Plan Approval is issued only when the Director or designate has signed the plan;

 

8)                  That should the Owner wish to participate in the enhanced hoarding programme, the Mayor and Town Clerk be authorized to enter into a Hoarding Agreement with the Owner;

 

9)                  That the site plan endorsement shall lapse after a period of three (3) years from the date of endorsement in the event that a site plan agreement is not executed within that period;

 

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

 

EXECUTIVE SUMMARY:

The subject lands consist of three properties:  5261 Highway 7, 5293 Highway 7 and 8495 McCowan Road.  The property at 5261 Highway 7 is a 0.41 ha (1.7 acre) commercial property located at the southeast corner of Highway 7 and McCowan Road.  The property contains a single storey commercial/retail plaza (Seven Star Plaza).  The property shares access and parking with 5293 Highway 7 to the east, which contains a two storey building with medical offices and retail stores.  The property at 8495 McCowan Road is approximately 0.30 hectares (0.74 acres) in area and is located directly south of the existing Seven Star Plaza at 5261 Highway 7.

 

The proposal is to demolish the existing plaza and proceed with a new comprehensive commercial development across both 5261 Highway 7 and 8495 McCowan Road.  Building ‘B’, located at the corner of McCowan Road and Highway 7, is designed as a single storey 1,230 m˛ commercial building with a bank as the primary tenant.  Building ‘C’, in the southern portion of the site, is proposed as a one-storey 2,000 m˛ building containing retail and restaurant uses.  Building ‘A’ (the existing medical office building at 5293 Highway 7) is not intended to be redeveloped at this time, and the access to the site is intended remain in its current location to provide access from Highway 7 to all three properties.  In addition, a new right-in/right-out access is proposed from McCowan Road.  A total of 225 surface parking spaces is proposed to serve all three buildings. 

 

The lands at 5261 Highway 7 and 5293 Highway 7 are designated ‘Commercial -Commercial Corridor Area’ in the Official Plan (Revised 1987) as amended which provides for the proposed commercial uses.  The lands at 8495 McCowan Road are currently designated ‘Urban Residential’ in the Official Plan and require an Official Plan amendment to redesignate the lands from ‘Urban Residential’ to ‘Commercial – Commercial Corridor Area’, consistent with the designation of the lands at 5261 Highway 7 and 5293 Highway 7.

 

The lands at 8495 McCowan Road require a zoning amendment to permit the commercial uses, consistent with the lands at 5261 Highway 7 and 5293 Highway 7.  Because the current zoning by-law for the lands at 5261 and 5293 Highway 7 provides for shared parking and access arrangements, the proposed zoning amendment applies to all three subject properties. 

Staff are generally satisfied with the site layout and building elevations.  Staff is requesting minor modifications to the elevations to provide a unified design between the  two new buildings.  This includes the use of consistent design elements in the elevations to create a cohesive architecture for the project. 

 

A parking study has been submitted to justify an approximate 55 parking space shortfall.  Staff have not yet completed their review of the study, but have agreed to recommend Council endorsement of the site plan, conditional on approval of the parking study, and implementation of any recommendations of the study.  The amending zoning by-law will be finalized and enacted once the study is completed and the revisions to the site plan (if required) have been finalized.  Issues identified at the Public Meeting and Community Meetings, primarily related to noise, traffic, parking and impacts on residences to the south have been addressed.

 

Staff recommend approval of the Official Plan amendment, and draft zoning by-law amendment and endorsement of the site plan application subject to conditions.

 

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 recommend the approval of Official Plan and Zoning By-law Amendment applications for the lands at 5261 Highway 7, 5293 Highway 7 and 8495 McCowan Road. The report further recommends endorsement of a site plan control application for the lands at 5261 Highway 7 and 8495 McCowan Road to facilitate the comprehensive redevelopment of the commercial property.

 

BACKGROUND:

Property and Area Context

The subject lands consist of three properties:  5261 Highway 7, 5293 Highway 7 and 8495 McCowan Road.  The property at 5261 Highway 7 is a 0.41 ha (1.72 acre) commercial property located at the southeast corner of Highway 7 and McCowan Road.  The property contains a single storey commercial/retail plaza (Seven Star Plaza) with various retail uses including a variety store and bakery.  The property shares access and parking with 5293 Highway 7 to the east, which contains a two storey commercial building with retail at grade and business offices, including medical offices on the second floor.

 

The property at 8495 McCowan Road is approximately 0.30 hectares (0.74 acres) in area and has a 30 metre frontage with direct access from McCowan Road.  Located directly south of the existing Seven Star Plaza, the lands contain a vacant, single detached residential dwelling and detached garage.  Vegetation exists along the north, east and south property lines (Figures 1 to 3). 

 

The area context for all three properties is as follows:

 

 

The properties have been subject to previous applications

The existing plaza at 5261 Highway 7 was originally constructed in the 1960’s.    The two-storey building at 5293 Highway 7, abutting the subject site to the east, was originally given zoning approval by the Ontario Municipal Board in 1980, and in 1986, a site plan and zoning amendment were approved to permit the existing building and additional uses.  The approved site plan incorporated both 5261 Highway 7 and 5293 Highway 7 as they are under the same ownership, although the properties retain separate title.  A minor variance application was approved in 1994 to permit additional uses on the lands at 5261 Highway 7.

 

In 2003, the applicant submitted applications for Official Plan, zoning by-law amendment and site plan approval to provide for the comprehensive redevelopment of the Seven Star Plaza over both 5261 Highway 7 and the 8495 McCowan Road property directly to the south.  The applications were met with public opposition at the September 9, 2003 statutory Public Meeting and the applications did not proceed. 

 

New applications were submitted in July, 2008

New Official Plan and Zoning By-law amendment applications were submitted by Seven Star Plaza Inc. for 8495 McCowan Road in July, 2008.  The purpose of the applications is to redesignate and rezone the property from residential to commercial, so that the property may be redeveloped as part of a comprehensive redevelopment of the Seven Star Plaza on the abutting property to the north. 

At the time of their 2008 submission, the applicant had only submitted a conceptual site plan in support of the Official Plan and Zoning applications.  At the statutory Public Meeting held on February 3, 2009, a number of concerns were expressed by the neighbouring residents including the need for the applications to be considered concurrently with a formal site plan application. 

Following the Public Meeting, staff and the Ward Councillor met with the applicant to discuss changes to the concept plan that would address some of the concerns raised at the Public Meeting, and to also discuss urban design requirements for the Highway 7 corridor.  The applicant was agreeable to revising the site plan to reflect the suggested changes, and submitted a formal site plan application in December 2009.  On February 25, 2010, the Ward Councillor held an additional community information meeting to discuss the revised site plan with the neighbouring residents and to address and try to resolve any further concerns.

 

Proposal is to redevelop two of the properties as a single commercial development

The proposal is to demolish the existing plaza at 5261 Highway 7 and proceed with a new comprehensive commercial development across both 5261 Highway 7 and 8495 McCowan Road (Figure 4).  Building ‘B’, located at the corner of McCowan Road and Highway 7, is designed as a single storey 1,230 m˛ commercial building with a bank as the primary tenant.  Building ‘C’, in the southern portion of the site, is proposed as a one-storey 2,000 m˛ building containing retail and restaurant uses. 

 

Building ‘A’ (the existing medical office building at 5293 Highway 7) is not intended to be redeveloped at this time, however the access to the site is intended to be redesigned to provide access from Highway 7 to all three properties.  In addition, a new right-in/right-out access is proposed from McCowan Road. 

 

A total of 225 surface parking spaces are proposed to serve all three buildings. 

 

OPTIONS/ DISCUSSION:

Official Plan and applicable Zoning Bylaw

The lands at 5261 Highway 7 and 5293 Highway 7 are designated ‘Commercial -Commercial Corridor Area’ in the Official Plan (Revised 1987) as amended which provides for the proposed commercial uses.  The lands at 8495 McCowan Road are designated ‘Urban Residential’ in the Official Plan (Revised 1987) as amended.  An Official Plan amendment is required to redesignate the lands from ‘Urban Residential’ to ‘Commercial – Commercial Corridor Area’, consistent with the designation of the lands at 5261 Highway 7 and 5293 Highway 7.

 

The lands at 8495 McCowan Road are zoned ‘Residential One’ in By-law 1229, as amended.  The zoning amendment application would rezone the site to General Commercial (C1) under By-law 1229 as amended, consistent with the zoning and list of permitted uses on the lands at 5261 Highway 7 and 5293 Highway 7.  This proposed zone category provides for bake shops/bakery, banks, business and professional offices, medical offices, medical laboratories, personal service shops, restaurants, restaurants-take out, retail stores and service shops.    

 

Because the current zoning by-law for the lands at 5261 and 5293 Highway 7 provides for shared parking and access arrangements, the proposed zoning amendment applies to all three subject properties. 

 

The proposed redevelopment of the lands at 8495 McCowan Road and 5261 Highway 7 are considered acceptable, subject to minor revisions

The applicant has worked with staff to address the concerns of the residents and provide a built form that is consistent with the Highway 7 corridor.  Staff are generally satisfied with the site layout and building elevations (Figures 4-6).  Building ‘B’, to be primarily occupied by a bank, is oriented towards Highway 7 and McCowan Road and provides wrap around windows along Highway 7 and McCowan Road, and pedestrian access to both road frontages. 

 

The buildings are predominantly comprised of precast stone panels with accentuating columns.  Aluminum framed glazing with a precast sign face, incorporating backlit channel lettering, will be subject to the Town’s Sign By-law.  The contemporary façade provides a much needed upgrade to the site with a contemporary architectural character at street level (Figure 5).  Staff is requesting minor modifications to the elevations to provide a unified design between Buildings ‘B’ and ‘C’.  This includes the use of consistent design elements in the elevations to create a cohesive architecture for the project. 

 

The proposed loading and service area for Building ‘B’ has been located to the east of the building and is proposed to be screened from public view.   The redevelopment of the site has also afforded the opportunity to provide greater visibility to the parking lot at the rear of the medical building at 5293 Highway 7. 

 

Sustainability Initiatives

Staff are requesting that the applicant consider various sustainability initiatives, including providing additional trees to be planted in the parking islands to further mitigate the visual impact and reduce the heat island effect of the parking lot on site.  Staff will continue to work with the applicant to ensure the proposed building materials have regard for FLAP, that lighting on site will have regard for the dark skies initiative, and that bicycle storage areas and taxi stands are provided for on site.

 

Traffic impact and parking justification reports have been submitted

The site plan includes 225 parking spaces to accommodate the proposed and existing development on the subject lands, while approximately 280 spaces are required.  This represents a shortfall of approximately 55 parking spaces from Town requirements.

 

It should be noted that the existing properties at 5261 and 5293 Highway 7 were granted a reduction in parking through a zoning by-law amendment in 1985.  The amendment (By-law 45-85) required a minimum of 188 parking spaces, which translates into a rate of approximately 1 space per 22m2 of gross floor area.   The proposed 225 parking spaces for 5,871 m2 of GFA, translates into a rate of approximately 1 space per 26m2 of gross floor area.  

 

A parking study has been submitted to justify the reduction.   Staff have not yet completed their review of the study, but have agreed to recommend Council endorsement of the site plan, conditional on approval of the parking study, and implementation of any recommendations of the study.   Based on the current standard for the existing plaza, staff are suggesting applying the same rate of 1/22m2 GFA to the proposed development (which would require approximately 267 spaces).  This is to be finalized through review of the Parking Study and any necessary revision to the site plan prior to By-law adoption.

 

Issues identified at the Public Meeting and Community Meetings have been addressed

Issues raised at the February 3, 2009 Public Meeting and at community meetings have been addressed in the revised site plan as follows:  

 

Residents were concerned for the safety of pedestrians and children

The revised site plan incorporates many of Staff’s recommendations, particularly relocating the buildings to expose the existing, under-utilized parking lot at the rear of the medical office building at 5293 Highway 7.  Greater visibility of the parking lot will improve public safety and potentially decrease the amount of negative activities which may occur, such as loitering and defacing of properties.

 

The applicant is also providing improved lighting on the site.  The applicant will be required to prevent any light ‘spill-over’ onto adjacent residential properties while having regard for ‘dark skies’.

 

Concerns that increased litter and odours from garbage will be generated

Town standards for the storage of waste requires that all refuse be contained within a climate controlled, internal storage room.  External storage is not permitted.  The applicant is also proposing visual screening of the loading and waste storage area

 

Truck traffic issues such as plaza deliveries and related noise pollution

One of the earlier plaza concepts included a truck access lane at the rear of the new plaza in close proximity to the neighbouring residential properties to the south.  The delivery access has been moved to the front of the building; access to the back of the building is limited to man-doors only.  All deliveries will occur from the front entrance.  The applicant has also committed to providing enhanced landscaping and privacy fencing at the rear of the property. 

 

The proposed TD bank drive-through facility has been removed from the site plan, in response to resident concerns with the increased traffic that would be generated by the facility.

 

The residents also expressed concerns regarding the noise generated from the increase in traffic, the noise generated from the operations within each unit when the rear doors are open, and the noise generated by the HVAC units on the roof.    Any noise from HVAC systems on the roof will need to be mitigated to ensure the noise levels do not exceed Town requirements.  The systems should also be adequately screened from view.  The applicant is also proposing a noise attenuation fence to buffer loading and garbage room operations, as well as a privacy fence and enhanced landscaping to the rear of the proposed plaza, abutting the residential properties to the south.

 

Comments on parking

Some residents voiced concerns that parking deficiencies would result in overflow parking onto Southdale Road.  Other residents felt that there was too much parking proposed on the site, and the tenancy of the plaza did not warrant the number of proposed parking spaces.  As previously noted, the applicant has submitted a Parking Justification Report which staff are currently reviewing.  The applicant is proposing a reduced number of parking spaces for the site.  Staff recommends that the zoning by-law be finalized and enacted once staff are satisfied with the study and the site plan revised to reflect the recommendations of the study.

 

 

 

Concern regarding the McCowan Road access

McCowan Road and Highway 7 are within the jurisdiction of the Region of York.  While the Highway 7 access is to remain in its current location, the final alignment of the McCowan Road access is subject to the review and approval of the Region of York.  The Region has indicated they have no objections to the application, subject to the access on McCowan Road being restricted to right-in/right-out only.  Both Regional and Town Staff believe the location of the McCowan Road access is appropriately distanced from the residential neighbourhood to the south and from the McCowan/Highway 7 intersection.

 

Precedent of converting residential properties to commercial uses

The property at 8495 McCowan Road was not part of the residential plan of subdivision to the south and east of the subject lands.  Staff considers the integration of this property with the lands to the north for redevelopment appropriate as it cannot be integrated with the residential subdivision and redevelopment to a higher intensity residential use would be difficult for access and compatibility reasons.

 

Traffic conflicts will be addressed through a Regional Environmental Assessment for the widening of McCowan Road

Several comments were also noted related to the traffic issues on McCowan Road.  A variety of suggestions were made by the residents to mitigate the impacts of traffic in their neighbourhood, including closing off Southdale Road from McCowan Road, installing more stop signs, restricting the road for resident only access with a gate, or making Southdale Road one way only. 

 

After the statutory Public Meeting in February, staff contacted the Region of York at the request of Committee regarding the unsignalized intersections in the vicinity of McCowan Road and Southdale Drive.   Regional staff acknowledged that the section of McCowan Road, between Highway 7 and Highway 407 demonstrated a higher than normal collision frequency, when compared to other similar road sections.   In particular,

the Region acknowledged that a collision pattern has been identified involving southbound vehicles on McCowan Road and left turning (northbound) vehicles exiting the commercial plaza on the west side of McCowan Road (Foody Mart/McDonalds/Tim Hortons’ plaza) which is common at unsignalized commercial access points. 

 

The Region has indicated that McCowan Road between Highway 7 and 14th Avenue is proposed to be considered for widening to accommodate future transit priority lanes, which involves a Class ‘C’ Environmental Assessment (EA).  The EA will consider the safety and operation of the commercial access for Seven Star Plaza and other commercial/retail plazas in the area, and recommend preferred alternatives.  This process will include consultation with the local community, business owners and the Town of Markham.  In the interim, the Region of York has reviewed the application and has requested that the proposed access from McCowan Road be restricted to right-in/right-out only.

 


Proposed Zoning By-law amendment

A draft zoning by-law amendment encompassing all three properties is attached as Appendix ‘B’.  The proposed by-law restricts the list of permitted uses and will include a restriction on the amount of restaurant uses permitted on the site.  The by-law will also contain site specific development standards for the site, including an appropriate parking requirement based on staff’s approval of the Parking Justification Report.  Staff recommend that Committee approve the draft amendment, which will be finalized once the parking study has been approved as discussed above.   

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable

 

HUMAN RESOURCES CONSIDERATIONS:

Not applicable

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

The proposed applications align with the Town’s strategic priorities of Growth Management and Transportation and Transit.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The applications have been reviewed by various Town departments and external agencies.  Requirements of the Town and external agencies are reflected in the implementing zoning by-law amendments and conditions of site plan approval.

 

CONCLUSIONS:

Staff is satisfied with the proposal and recommends that the draft official plan amendment attached as Appendix ‘A’, and the draft zoning by-law attached as Appendix ‘B’ be finalized and enacted without further notice once staff are satisfied with the Parking Justification Report. Staff also recommends that the site plan be endorsed in principle, subject to the conditions attached in Appendix ‘C’.

 

RECOMMENDED BY:

 

 

 

___________________________                              ____________________________

Biju Karumanchery, MCIP, RPP                                  Jim Baird, MCIP, RPP

Senior Development Manager                                      Commissioner, Development Services

 

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Area Context and Zoning

Figure 3 – Air Photo

Figure 4 – Site Plan

Figure 5 – Elevations (Building B)

Figure 6 – Elevations (Building C)

 

Appendix ‘A’ – Draft Official Plan Amendment

Appendix ‘B’ – Draft Zoning By-law Amendment

Appendix ‘C’ – Conditions of Site Plan Approval

 

APPLICANT/AGENT:                   Mark Eplett

                                                            Otis Group of Companies

                                                            20 Eglinton Avenue West, Suite 1402

                                                            P.O. Box 2040 Toronto, Ontario  M4R 1K8

                                                            Telephone:  416-489-2833  Fax:  416-486-6017        

                                                            Email:  markeplett@rogers.com 

 

FILE PATH: Amanda\File OP 08 120413\Documents\Recommendation Report

 

Figure 1 - Location Map