Report to: Development
Services Committee Report
Date:
SUBJECT: PRELIMINARY REPORT
Scardred 7 Company Limited
4038
Highway 7
Applications for official plan and zoning by-law amendment to permit additional commercial uses in two existing commercial buildings (former White Rose Nurseries garden centre and head office)
File Nos. OP 09 116642 and
ZA 09 116689
PREPARED BY: Scott Heaslip, Ext. 3140
RECOMMENDATION:
1) That the report entitled “Preliminary Report, Scardred 7 Company Limited, Applications for official plan and zoning by-law amendment to permit additional commercial uses in two existing commercial buildings (former White Rose Nurseries garden centre and head office),” dated September 8, 2009, be received.
2) That staff be authorized to schedule a statutory Public Meeting to consider the applications.
3)
That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
PURPOSE:
The purpose of this report is to
provide preliminary information regarding the subject applications and to
recommend that a public meeting be scheduled to consider the applications.
BACKGROUND:
Property and Area Context (Figures 2 and 3)
The subject property has an area
of 2.4 hectares (6 acres) and is located on the north side of Highway 7, east
of
2182 m2 (23,500 ft2) building, formerly a White Rose Nurseries Garden Centre, currently occupied by a Garry’s Garden Gallery. The rear portion is occupied by a vacant 1-storey 2400 m2 (27,000 ft2) building, formerly the White Rose Nurseries head office.
To the east are Volvo and Audi
dealerships. To the north and north-east are existing single detached homes
which front onto
Official Plan and Zoning
The property is designated “Urban Residential” in the Official Plan. A site specific policy was included in the Official Plan permitting “Nurseries and Garden Centres” and “Professional and Business Offices” notwithstanding the residential designation, recognizing the long standing White Rose garden centre and associated head office uses on this property.
The property is within the designated area of Secondary Plan PD1-15 (OPA #15), which designates the property as follows:
- south portion - “Urban Residential – Medium Density 2”, which permits multiple dwelling types at an overall density not to exceed 62 units per hectare (25 units per acre) in buildings not to exceed 4-storeys.
- north portion – “Urban Residential – Low Density 1”, which permits only single detached dwellings at a residential density not to exceed 14.8 units per acre (6 units per acre)
The property is zoned “Special Commercial 1” by By-law 118-79, as amended by site specific amending By-law 77-88. This amendment restricts permitted uses to the nursery and office uses authorized by the site specific Official Plan policy.
Proposal (Figure 4)
The applicant has applied to amend the Official Plan and zoning to permit the following additional uses - retail stores, personal service shops, financial institutions, private schools, day care centres, commercial fitness centres, restaurants, take-out restaurants, medical offices, places of worship, veterinary clinics, libraries and art galleries.
The existing buildings are proposed to be partitioned generally as shown on Figure 4. The front building (existing garden centre) would be partitioned into a minimum of 4 units, facing west and south, each having a maximum floor area of 1500 m2. The rear building (former White Rose Nurseries head office) would be partitioned into smaller units facing west and east. The proposed restaurant uses would be restricted to the west portion of the front building. Sufficient parking area can be provided in accordance with the Town’s standards.
No additions or additional buildings are proposed.
OPTIONS/ DISCUSSION:
Long term vision for property is for residential use.
The Official Plan and Secondary Plan designate the subject property for higher density residential uses adjoining Highway 7, transitioning down to lower density residential uses adjacent to the existing community. The limited site specific commercial permissions recognize the long standing garden centre and associated head office uses. The residential intensification designations are appropriate given the location of the property along the Highway 7 Corridor, and are consistent with current Provincial, Regional and Town policy directions.
Highway 7 Precinct Plan Study reinforces residential use
Over the last 7 months staff have
been working with the community and the landowners to develop a precinct plan
for the Highway 7 corridor east of
Requested commercial uses would undermine long term vision for Highway
7
Commercial leases typically have minimum 5 year terms with options for extension. Therefore, if the requested commercial permissions are approved, it must be assumed that these uses would continue for an extended period of time, at least 5 years and potentially 15 years or longer. The continuation of 1-storey automobile oriented commercial development for an extended period of time would not support the implementation of the long term vision for Highway 7. The draft precinct plan and the current secondary plan also show potential road alignments across the property, which could not be implemented until the property is redeveloped in accordance with the secondary plan and the draft precinct plan.
It should be noted that the option of a temporary use by-law was discussed with the applicant. The applicant advises that this option is not feasible in this circumstance as temporary use by-laws have a maximum 3-year term, which is less than the minimum term of a commercial lease. In any event, the cost of the required leasehold improvements to accommodate the commercial uses would require the uses to continue for longer than the 3-year term of a temporary use by-law.
Requested Commercial uses would set precedent for commercial use on the
adjoining property
The adjoining property to the west was purchased several years ago by the Sobeys supermarket chain with the intention to develop the property for a supermarket. In 1994 the Ontario Municipal Board approved applications by the previous owner of this property for a residential development consisting of 6-storey apartment buildings along the Highway 7 frontage and townhomes and single detached dwellings to the north. Sobeys has not, to date, formally applied to the Town for commercial use. Approval of the subject applications would set a precedent for the conversion of the Sobeys property to commercial use. The two properties, in combination, would effectively constitute a suburban type community shopping centre, which has never been contemplated at this location and is inconsistent with the retail and built form visions for the Highway 7 Corridor.
Required infrastructure to facilitate redevelopment of the subject
property is imminent
Development of the lands along the Highway 7 corridor east of Warden Avenue has been stalled for many years by the absence of the necessary municipal infrastructure (sanitary and storm sewers and water mains). With the sale of the lands on the south side of Highway 7 to the Times Group, which requires this infrastructure to develop their extensive holdings, this infrastructure will likely be installed with landowner funding over the next few years. A number of the landowners, including the applicant, have entered into a private cost sharing agreement to finance this infrastructure, which should facilitate the residential intensification contemplated by the current official plan and the draft precinct plan.
A statutory public meeting should be held
Notwithstanding the land use policy issues and concerns of staff, it is recommend that a statutory public meeting be held to complete the public consultation process under the Planning Act.
FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)
Not applicable.
HUMAN
RESOURCES CONSIDERATIONS
Not applicable.
ALIGNMENT WITH STRATEGIC PRIORITIES:
Not applicable.
BUSINESS UNITS CONSULTED AND AFFECTED:
The applications have been circulated to various Town departments and public agencies.
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
Figure 2 – Area Context and Zoning
Figure 3 – Air Photo
Figure 4 – Proposed site plan
File path: Amanda\File 09 116689\Documents\Recommendation Report