Report to: Development Services Committee Date of Meeting: October 17, 2006

SUBJECT: Preliminary Report

Royal David Realty Inc.

Application for Zoning By-law Amendment to amend the list of permitted uses at 2300 John St., Northeast corner of Leslie and John Streets, within the Thornhill Secondary Plan Area

ZA 06 121015

PREPARED BY: Sabrina Bordone, Planner - West Development District

RECOMMENDATION:

That a Public Meeting be held to consider the Zoning Amendment application (ZA 06 121015) submitted by Royal David Realty Inc. to amend the list of permitted uses at 2300 John St., located on the northeast corner of Leslie and John Streets, within the Thornhill Secondary Plan Area.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

6. Accessibility 7.Engage^21st 8. Affected Units 9. Attachment(s)

The purpose of this report is to provide preliminary information regarding the application submitted by Royal David Realty Inc. for a Zoning By-law Amendment to amend the list of permitted uses at 2300 John St., and to recommend that a Public Meeting be held to consider the zoning application.

BACKGROUND:

An existing single-storey multi-tenant local commercial building is situated on the 1.13 ha (2.81 ac) subject lands. The site is municipally identified as 2300 John St. within the Thornhill Secondary Plan Area. A telecommunications tower is also situated at the southwest corner of the subject lands (Figure 1).

Adjoining the property are:

John Street to the south, with low-density residential on the south side of John Street;
Leslie St. to the west, with medium density residential on the west side of Leslie Street;
R.J. Clatworthy Arena and Bishop’s Cross Park to the east; and,
The Canadian National Railway Line (CNR) to the north.

Proposal to Amend List of Permitted Uses

The owner has submitted an application for a Zoning By-law Amendment to amend the list of permitted uses currently provided for by the zone category that applies to the subject lands. Specifically, the applicant is requesting that a more generic approach be taken in terms of the retail uses permitted on the site and that additional service and commercial uses be provided for in the list of permitted uses. The proposal, if approved, will also legalize a number of existing non-conforming uses, including:

· kennels, associated with a veterinary clinic;

· medical offices; and,

· veterinary clinic, with accessory uses such as grooming.

The applicant is not proposing any changes to the existing exterior façade of the building or to the site.

Official Plan and Zoning

The Official Plan designates the lands “Urban Residential”. This designation is further refined by the Thornhill Secondary Plan to “Neighbourhood Commercial Centre”. The Thornhill Secondary Plan stipulates that uses provided for within the “Neighbourhood Commercial Centre” designation include retail uses, services uses, and offices, among other uses. The Official Plan generally restricts individual premises on lands designated “Neighbourhood Commercial Centre” to a maximum gross floor area of 300 m².

The lands are zoned “Local Community Commercial” (LCC) by By-law 2571, as amended, which permits a list of specific commercial uses (attached as Appendix ‘A’), including both retail and services uses (Figure 2).

OPTIONS/ DISCUSSION:

Zoning By-law to Provide for General Retail & Personal Services Uses

The subject lands currently support a single-storey mutli-tenant local commercial building, which was constructed in 1983. A specific list of permitted uses (based on 1976 Official Plan policies) was established for the subject lands when site specific By-law 256-81 was enacted in 1981. The list of uses permitted includes specific retail and personal services uses, restaurants (sit down and fast food only), bank or trust company, business and professional offices, and private health club. The list of specific retail and personal services uses has proven to be problematic to the owner, as the nature and type of retail and personal services uses has changed over time. In this regard, the owner is requesting that a more general approach be taken with the retail and personal services uses permitted (see definitions attached as Appendix ‘B’).

Zoning By-law to Incorporate Additional Commercial Uses

In addition to permitting a more general range of retail and personal service uses on the subject lands, the owner has requested that additional commercial uses be incorporated into the Zoning By-law Amendment. The additional uses requested are:

commercial schools;
kennels, associated with a veterinary clinic;
medical offices;
take-out restaurants; and,
veterinary clinic, with accessory uses such as grooming.

CONCERNS/ISSUES TO BE RESOLVED:

The following is a brief summary of concerns/issued 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:

Zoning By-law Amendment to Incorporate Commercial Schools

In addition to legalizing the commercial uses that are currently operating out of the existing multi-tenant building, the applicant is also requesting that commercial schools be added to the list of permitted uses for the subject lands. Commercial schools are provided for under the “Neighbourhood Commercial Centre” designation in the Official Plan, subject to the review of a specific development proposal and rezoning. The parking requirement for commercial schools, as set out in the Parking Standards By-law, is less than the requirement for a shopping centre with a leaseable floor area greater than 2500 square metres. In this regard, permitting commercial schools on the subject lands will not result in any detrimental impacts. However, in order to ensure that the planned function of this commercial building remains intact (i.e. to provide for convenience commercial uses that primarily serve the surrounding residential area), and that commercial schools do not dominate, the combined gross floor area of commercial schools may be limited in the Zoning By-law Amendment.

Zoning By-law Amendment to Incorporate a Veterinary Clinic and associated Kennels as Permitted Uses

Unlike commercial schools, the Official Plan policies do not specifically address the use of veterinary clinics and kennels in the “Neighbourhood Commercial Centre” designation. It is staff’s opinion that these are services that would likely be used by local residents, as well as those from the surrounding community. Such uses meet the intent of the “Neighbourhood Commercial Centre” designation, which is to provide commercial uses that primarily serve the residential community. In this regard, staff are of the opinion that an amendment to the Thornhill Secondary Plan is not required to permit the veterinary clinic and associated kennels. As with commercial schools, the combined gross floor area of the veterinary clinic and the associated kennels may be limited in the Zoning By-law Amendment in order to maintain the planned function of the “Neighbourhood Commercial Centre” designation and to mitigate any impacts associated with the uses.

Zoning By-law Amendment to Incorporate Medical Offices

The applicant is requesting that the Zoning By-law Amendment legally permit medical offices on the subject lands. Currently, there is a dentist operating out of the existing multi-tenant local commercial building. As with the veterinary clinic and kennels, the Official Plan policies do not specifically address the use of medical clinics in the “Neighbourhood Commercial Centre” designation; however, medical offices can be considered to provide services that are used by local residents, as well as those from the surrounding community. A component of medical use, as part of a larger development of mixed retail and service commercial uses, may meet the intent of the “Neighbourhood Commercial Centre” designation.

The current parking standard for medical offices, as set out in the Parking Standards By-law, is lower than that of a shopping centre with a leaseable floor area greater than 2500 square metres. In spite of this, medical clinics, especially those with more than one medical practitioner, can generate substantial parking demands. Consideration should be given in any Zoning By-law Amendment to limiting the combined gross floor area of medical offices on the subject lands, to ensure that the amount of parking provided on site is sufficient.

Zoning By-law Amendment to Incorporate Take-Out Restaurants

The applicant is requesting that take-out restaurants be incorporated into the Zoning By-law Amendment. A take-out restaurant is defined in By-law 2571, as amended, as an establishment where food and beverage are prepared and sold, primarily for delivery to or pick-up by customers for consumption off the premises. The Official Plan permits restaurants on lands designated “Neighbourhood Commercial Centre”, subject to appropriate locations in relation to residential uses in the vicinity. The subject lands do not abut any residential areas and therefore, restaurants may be considered appropriate in this location.

The Town’s Parking Standards By-law requires 1 parking space per 18.5 squares metres of leasable floor area for restaurants that occupy more than 20% or less of the total leasable floor area of the shopping centre. This standard is increased to 1 parking space per 9 square metres of leasable floor area in instances where restaurants occupy more than 20% or less of the total leasable floor area of the shopping centre. In order to ensure that are no impacts on parking in the future, the Zoning By-law may limit the gross floor area of restaurant uses.

Parking Study Required to Justify Additional Permitted Uses

Prior to scheduling a public meeting, the applicant will be required to submit a Parking Utilization Study by a qualified transportation engineer in support of the changes that have been requested in the list of permitted uses. Some of the uses that have been requested by the applicant, namely medical offices and take-out restaurants, generate high traffic demands and thus, may result in an increase in the required number of parking spaces. The Parking Utilization Study should address parking utilization rates at various times; compare required parking rates for proposed uses to available parking supply; and, recommend appropriate floor area limits for proposed new uses.

FINANCIAL TEMPLATE (Separate Attachment):

ENVIRONMENTAL CONSIDERATIONS:

ACCESSIBILITY CONSIDERATIONS:

ENGAGE 21^ST CONSIDERATIONS:

Zoning By-laws contribute to “Quality Community” by providing for permitted land uses and services at appropriate locations.

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to all relevant agencies and departments. Their comments will be incorporated into the review process as required.

RECOMMENDED

BY: ________________________ ________________________

Valerie Shuttleworth, M.C.I.P, R.P.P Jim Baird, M.C.I.P, R.P.P

Director, Planning & Urban Design Commissioner, Development

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Area Context and Zoning

Figure 3 – Air Photo

Appendix ‘A’ – By-law 256-81, which amends parent By-law 2571, as amended.

Appendix ‘B’ – Definitions of “Personal service shop” and “Retail store” from By-law 177-96, as amended.

APPLICANT/AGENT:

Mr. David Matthews

Matthews Planning & Management Ltd.

1523 Hurontario St.

Mississauga, ON L5G 3H7

Tel: (905) 274-1047

Fax: (905) 274-1337

File path: Amanda\File 06 121015\Documents\Recommendation Report