Report to: Development Services Committee Report Date:
SUBJECT: Application
for Zoning By-law Amendment to permit
a gas bar, car wash,
and convenience store with a drive-through facility at
Clera
Holdings Limited
ZA 08 121296
PREPARED BY:
RECOMMENDATION:
That the Staff report entitled
“Application for Zoning By-law Amendment to
permit a gas bar, car
wash, and convenience store with a drive-through facility at 2801 Elgin
Mills Road East”, be received;
That a Public Meeting be held to
consider the zoning by-law amendment application,
(ZA 08 121296) submitted by Clera Holdings Limited.
And that Staff
be authorized and directed to do all things necessary to give effect to this
resolution.
EXECUTIVE
SUMMARY:
The subject lands (
Initial
review of the concept plan has revealed that minor modifications will be
required in order to address the outstanding issues from both the Toronto &
Region Conservation Authority and Town Staff.
In addition, Staff will
continue to work with the Owner in order to achieve the ultimate objectives of
the recent planning study on regulating drive through facilities.
The Owner proposes that the site at
Council’s September 2005 resolution
requested that the Canadian Petroleum Products Institute review with its
Members the need to ensure that all gas stations make provision for full
service to patrons having special needs.
The
In order to allow for public
input before Council makes a decision on the application, it is recommended
that a public meeting be held.
1. Purpose 2. Background 3. Discussion 4. Financial 5.
Others (Strategic, Affected Units) 6. Attachment(s)
PURPOSE:
The purpose of this report is to provide preliminary
information regarding the rezoning application to permit a gas
bar, car wash, and convenience store with a drive-through facility on the southwest corner of Elgin Mills Road and the
future Woodbine Avenue By-pass, and to recommend that a public meeting be scheduled to obtain public
comment.
BACKGROUND:
Complete
Application
A Zoning By-law Amendment
application submitted by Clera Holdings Limited was deemed complete on
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
To the north, across
Official & Secondary Plan and Zoning
The
subject lands are designated Business Corridor Area in the Official Plan. This designation may permit 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 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.
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.
A site plan application has not yet
been submitted for the gas
bar, car wash, and convenience store with a drive-through facility. However, a conceptual site plan and
elevations are illustrated in Figures 4-6. Staff anticipate that the site plan
application will be submitted shortly.
POTENTIAL
BENEFITS OF APPROVAL OF THE PROPOSAL
This proposed development would
assist in meeting the local automotive needs of the residents of the
surrounding neighbourhoods as well as the travelling public.
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.
Concept plan reviewed
by Staff
A preliminary review of the conceptual site plan has
identified the following matters to be addressed in the formal site plan
submission:
1) Elgin Mills Road
& Woodbine Avenue By-pass frontages are proposed for large landscape areas in order to mitigate the
views of the proposed drive through queuing
lanes. Townhouses are proposed on the
east side of the By-pass, opposite
the proposed development;
2) An increased
landscape buffer (minimum 3.0m) will be required along the north western portion of the property where
it abuts the open space area adjacent to the
drainage channel;
3) A Noise Study will be
required for the car wash facility in order to determine noise impacts on the residential lands to the
east and to determine preferred mitigation
strategies;
4) Both driveways (Elgin Mills
Road & Woodbine Avenue By-pass) cross over onto
the abutting properties and will need to be realigned.
As of the date of this report, a
formal site plan application has not been submitted for the proposed
development. Additional comments,
requirements and restrictions will be identified once a site plan application
has been formally submitted to the Town.
TRCA recommends minor modifications
The TRCA has identified a small
area along the western portion of the property that is within the stream
corridor of the East Branch of Carleton Creek.
This corridor is to be widened and enhanced through the associated plan
of subdivision, Master Environmental & Servicing Plan (MESP) and Secondary
Plan. In order to ensure preservation of
the stream corridor, a portion along the western boundary of the property will
need to be zoned into an appropriate “Open Space” designation allowing only
naturalized vegetation in that area.
Subject to the modifications
identified above, the TRCA has no objections to the rezoning of the site. However, these comments are solely based on
the rezoning application. Additional
comments, requirements and restrictions may be identified once a Site Plan
application has been formally submitted to the Town and the TRCA.
Restrictions on
drive-throughs
On November 4th, Staff tabled a report titled “Potential
Regulation of Drive-Through Facilities”.
In this report, Staff made recommendations regarding potential changes
to development standards that may result in the following:
- The potential prohibition or restriction of
drive-throughs in specified zones;
- The potential prohibition or restriction of
drive-throughs within a certain distance of residential uses; and,
- The potential prohibition or restriction of queuing
lanes within certain distances of a street; and,
- The potential prohibition or restriction of queuing
lanes between the building and the street.
The report also identified potential new urban design
guidelines which will assist in the following:
- The integration of operational elements of sites,
e.g. pedestrian, cyclist and motor vehicle movements;
- Enhanced views from public streets and contributions
to high quality public spaces;
- Creation of a
safe and comfortable pedestrian and cyclist environment; and,
- Minimization of negative impacts on adjacent or
nearby land uses.
The next stage of this study will be to engage and consult
with the development industry, before reporting back to the Development
Services Committee.
Staff will continue to work with the applicant in order to implement any provisions
needed to assist in achieving the ultimate objectives of the planning
study.
Full service component of gas bar
On
“That the
Canadian Petroleum Products Institute be requested to review with its Members
the need to ensure that all gas stations make provision for full service to
patrons having special needs;
And that the
And that the
Town of
And that the
Mayor’s Office write to all gas station operators in the Town of Markham to
request them to review their current operations to see what can be done to
accommodate patrons with special needs;
And further that
copies of this resolution be forwarded to the Canadian Petroleum Products
Institute, the
Since the September 2005
resolution, Staff have been successful in ensuring the provision of a full
service component for new gas station facilities in the Town of
· ESSO (9982 Highway 48 – split serve location - 2 year pilot project – Approved 2005)
·
Petro
·
Shell
· Canadian Tire Gas Bar (8675 McCowan Road – split serve location – Approved 2008 – not yet built)
Another ESSO station, located at 550 Bur Oak, was rezoned in 2004 and received site plan approval in April 2005, but these approvals pre-dated the September 2005 Council resolution on the provision of full services to customers with special needs.
The Owner, (Imperial Oil) is aware of this
resolution having worked with Staff on previous applications.
For the site at the southwest corner of Highway
48 and
On
It
should be noted that the majority of the accessibility features identified are
either already required by the Ontario Building Code or the Town’s Municipal
Zoning By-laws.
The letter continues by indicating that in the one
year since the project has been implemented at the Highway 48 and
The Provincial Policy
Statement and the
The Provincial Policy Statement
(PPS) came into effect on
Section 2 subsection h.1) of the
Section 1.1.1 f) of the PPS states that healthy, liveable and safe communities are sustained by:
“Improving accessibility for persons with
disabilities and the elderly by removing and/or preventing land use barriers
which restrict their full participation in society.”
Given the policies set out in the
Accessibility for Ontarians
with Disabilities Act, 2005
No financial
considerations at this time.
ALIGNMENT
WITH STRATEGIC PRIORITIES:
Staff recommend
that Imperial Oil revisit their policies on accessibility to ensure that their
products and services are fully accessible to all customers. Imperial Oil’s adherence to Council’s mandate
will further implement the strategic priority of Diversity.
DEPARTMENTS
CONSULTED AND AFFECTED:
The
application has been circulated to various Town departments and external
agencies. Requirements of the Town and
external agencies will be reflected in the preparation of the Zoning By-law
amendment and in the site plan agreement.
RECOMMENDED BY: |
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|
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Director of |
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Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services |
ATTACHMENTS:
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Figure 1 - Applicant/Agent & Location Map Figure 2 - Area Context/Zoning Figure 3 - Air Photo Figure 4 - Conceptual Site Plan Figure 5 - Conceptual Elevations ( Figure 6 - Conceptual Elevations ( Appendix ‘A’ – Letter from Imperial Oil |
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File path:
Amanda\File 08 121296\Documents\Preliminary Report
Figure 1
Applicant/Agent/Owner:
Todd
Trudelle
Goldberg
Group
2171
Avenue Road,
M5M
4B4
Tel:
(416) 322-6364 ext. 2103
Fax:
(416) 932-9327
Don Dussault
Manager –
Real Estate Development
Imperial Oil
Limited
L0S 1E0
Tel: (905) 736-0194
Fax:
(905) 892-4995