RECOMMENDATION:
That the preliminary report “Traks Communications and the Region of York, application for zoning amendment to permit site access and outdoor
vehicle storage areas as an extension of the existing automobile dealership at
8220 Kennedy Road – Part Lot 1 of Plan 2196 and Part 30 and 31 of Plan 65R-25652” File Number ZA 03.113084 be received;
That a Public Meeting be held to consider the Zoning
By-law Amendment (ZA.03-113084) application;
And that staff schedule the Public Meeting when the
issues outlined in the preliminary report have been sufficiently addressed by
the applicant.
PURPOSE:
The
purpose of this report is to provide preliminary information regarding an
application for a zoning by-law amendment and to
recommend a Public Meeting be scheduled, when issues identified in this report
have been addressed to the satisfaction of staff.
BACKGROUND:
Site description
and area context
The subject site is made up
of two parcels, currently in two separate ownerships. They are located south of Unionville Gate and front onto Kennedy
Road and Main Street Unionville. The
Region of York currently owns the easterly triangular land parcel. It is a vacant remnant piece from the
construction of the Kennedy Road by-pass, and does not have a designated
municipal address (Figure 3). Traks
Communications (the owners of the existing Markham Honda Dealership) have
recently acquired the westerly land parcel fronting onto Main Street
Unionville. It is situated south of the
existing Markville Ford/Lincoln/Mercury dealership (leased by Craig Riley) and
the newly constructed Markham Honda dealership. The municipal address is 13 Main Street
Unionville. The site supports a single
detached home, containing several mature trees and a cedar hedge, delineating
the eastern and northern property line.
A tree survey will be required to assess the size, health and value and
which trees should be recommended for preservation.
Across Kennedy Road to the
east is the BMW automobile sales establishment and residential neighbourhoods
further east. North of the Honda and
Ford dealership site is a commercial plaza containing a gasoline station, car
wash and Jiffy Lube service facility.
Adjacent to the triangular land parcel is a minor watercourse (Tributary
5) that drains into the Rouge River. As
a condition of site plan approval for the Markham Honda dealership, the
landowner undertook the redesign and channelization of this minor watercourse,
including restoration planting. The
design and restoration work was reviewed and approved by the Toronto and Region
Conservation Authority. In addition, the western portion of the subject land contains a Region of York
Easement for the York Durham Sanitary Sewer.
The easterly parcel is in the ownership of the Region of York
The Region has acknowledged their intent to declare the subject
lands surplus and to sell the property.
The letter (attached as Appendix A) outlines their intent and knowledge
of the zoning amendment application, and requests the Town to proceed with the
application.
The westerly land parcel was previously a temporary place of worship
The acquired land parcel (13 Main Street
Unionville) supports a single family detached home that was previously used as
a temporary place of worship for the Chinmaya Mission. Recently, the Mission acquired another site
that better accommodates their needs and sold the site to the adjacent
landowners (Markham Honda dealership).
The proposal is to expand the accessory uses to the existing Honda
dealership
The proposal is to rezone both parcels to
“Community Amenity Area” (CA) under By-law 122-72 and integrate the land with
the existing Honda Dealership development to the north. The subject land would facilitate a portion
of the proposed Kennedy Road access/egress.
The lands are also intended to provide additional outdoor storage for
vehicle stock and parking areas for employees and customers of the existing
Markham Honda dealership.
Official Plan and Secondary Plan policies do not require amendment
The site is designated Commercial –
Community Amenity Area in the Official Plan, which normally prohibits retail
uses involving accessory outdoor storage and/or display of merchandise. However, section 4.3.2.2 Community Amenity
Area-General subsection (i) within the Markham Centre Secondary Plan (OPA 21)
states that notwithstanding the provisions in the Official Plan, “the lands
designated Community Amenity Area – General on the west side of Kennedy Road
may be considered for retail uses involving accessory outdoor storage and/or
display, subject to approval by Council of a specific proposal for zoning
amendment”. Therefore an Official Plan
Amendment is not required.
A zoning by-law amendment is required
The easterly parcel owned by the Region of York is zoned Rural
Residential (RR1) under By-law 304-87.
The westerly parcel is zoned Single Family Rural Residential (RRH) under
By-law 122-72. Both existing zones
permit only single detached dwellings with permissions for a home
occupation. Automobile dealership use,
including accessory parking and outdoor storage is not currently permitted on
either lot. Therefore a zoning
amendment is required.
The applicant is proposing to rezone both parcels to Community Amenity
(CA) under By-law 122-72, which would permit the proposed use as accessory to
the existing automobile dealership.
Once the zoning of the lands is complete, the applicant intends to merge
title of all the land to form one land parcel under a single ownership and
under a single by-law with permissions for outdoor storage of vehicles as an
accessory use to the existing automobile dealership.
Site plan approved for Honda site to the north
In 2001, representatives for Traks Communications submitted a zoning
and site plan application to rezone the adjacent site to the north (8220
Kennedy Road) “Community Amenity Area” (CA) to permit automobile
dealerships. Council approved the
application in December 2001. During
the application process, staff advised the applicant to align and coordinate
site access with the new BMW dealership access/egress across Kennedy Road. This would rationalize and improve the
safety of access driveways to Kennedy Road.
Staff recommended the
applicant acquire the triangular land parcel owned by the Region and submit a
zoning amendment, as part of the conditions of the December 2001 site plan
approval for the Markham Honda Dealership.
The recommendation was to facilitate improved traffic access/egress and
circulation from Kennedy Road and to provide an improved parking area layout
for the overall site.
The Council approved staff report dated June 19, 2001, identified this
area as a phased development which would eventually include the lands currently
subject to the zoning and site plan amendment as a comprehensive, phased
development. The first phase is
currently complete, which included the construction of the Markham Honda
Dealership and the integration of the Markville Ford Dealership. The second phase involved the design of
additional lands for a parking area and site circulation layout, which included
access to Kennedy Road.
POTENTIAL
BENEFITS OF APPROVAL OF THE PROPOSAL:
Some of the anticipated benefits of the
proposal may include, but are not limited to:
Ø
Comprehensive redevelopment of a
remnant parcel with an adjacent approved development proposal
Ø
Aligning accesses/egresses from
Kennedy Road with driveways of similar uses on adjacent lands
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:
- Outdoor
storage of vehicles is not generally considered a desirable use, nor is it
consistent with the overall vision for Markham Centre. However, vehicle storage is provided for
as an accessory use to a retail component on the same lot. Improvements, expansions and
enhancements to existing automobile sales/storage operations may be
considered, based on merit;
- The
zoning by-law amendment application should be considered only if the lands
are incorporated into the existing dealership site, and permissions
limited to an integrated dealership use.
Outdoor storage as a primary use, not integrated with a permitted
use, should not be supported ;
- A
site plan application has been submitted.
If approved, considerable measures will be required to screen the
proposed parking area from public view.
Exposure onto Kennedy Road will need to be addressed with respect
to site layout, defining street edges, visual buffers and screening.
- Review
of a tree preservation plan for the preservation of the existing
vegetation will be required;
- The
proposal must be considered in the context of the Town of Markham’s urban
design objectives for the Kennedy Road Corridor;
- The
proposed access must be reviewed to comply with the approved traffic
studies;
- On-site
loading and off-loading of delivery trucks must be reviewed to comply with
the conditions of site plan approval;
- Access/egress
design with respect to potential impacts of commercial traffic on Kennedy
must be reviewed to comply with the traffic studies; and
- Compatibility
issues associated with the operational characteristics of automobile sales
establishments and their impact on adjacent uses requires review.
FINANCIAL
CONSIDERATIONS:
There are no financial implications for the Town in this report.
ENVIRONMENTAL CONSIDERATIONS:
A portion of a minor tributary (identified by the TRCA as Tributary
5) drains between the two subject parcels.
The existing Honda site plan to the north enhanced that portion of the
watercourse, maintaining it as an open channel with additional planting and
landscaping, based on comments received by the TRCA and interested
environmental groups. If approved, the
site plan for the subject lands will require similar enhancements of the
watercourse as per comments by TRCA.
The applicant will be required to provide drawings incorporating the
comments of the TRCA, to the satisfaction of the Town.
There are also some significantly sized trees on the site. The applicant will be required to provide a
complete tree inventory of the site to assess the calliper and health of the
trees on site in conjunction with a site plan control application, prior to
site plan approval.
BUSINESS UNITS
CONSULTED AND AFFECTED:
The application has been circulated to
internal departments and external agencies for comment. All comments and/or requirements will be reflected
in the final report.
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Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning & Urban Design
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Jim Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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DOCUMENT:
Q:\Development\Planning\APPL\ZONING\03113084
Traks & Region\DSC Nov 18 2003.doc
ATTACHMENTS:
Figure
1: Location Map
Figure 2:
Area Context and Zoning
Figure 3:
Aerial Photograph
Figure 4:
Proposed Site Plan
Appendix A:
Region of York Letter of Consent
APPLICANT: Regional Municipality of
York Traks Communications
Attention: Mr. John Culshaw Attention: Mr. Kapel Dilarwri
Director
of Realty Services 7064
Yonge Street
17250
Yonge Street Toronto,
Ontario L4J 1V7
Newmarket,
Ontario L3Y 6Z1 Telephone: 905-882-9660
Telephone: 905-897-1251
Fax: 905-895-7323
AGENT: The Planning Partnership
Attention
Mr. Rick Merrill
1255
Bay Street, Suite 201
Toronto,
Ontario M5R 2A9
Telephone: 416-975-1556
Fax: 416-975-1580
Email: info@planpart.ca
Figure 1: Location
Map
