REPORT TO DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

FROM:

Jim Baird, Commissioner of Development Services

 

Valerie Shuttleworth, Director, Planning & Urban Design

 

PREPARED BY:

Regan Hutcheson, Manager, Heritage Planning

 

 

DATE OF MEETING:

Jan. 10, 2006

 

 

SUBJECT:

PRELIMINARY REPORT

139 Main Street, Unionville

Unionville Village Investments Inc.

Applications for Official Plan and Zoning By-law Amendments

OP.05 016826 and ZA 05 016845

 

 

RECOMMENDATION:

That a Public Meeting be held to consider the applications submitted by Unionville Village Investments Inc. for Official Plan and Zoning By-law amendments to permit additional restaurant use at 139 Main Street, Unionville.

 

PURPOSE:

The purpose of this report is to provide preliminary information regarding applications for amendments to the Official Plan and to Zoning By-law 122-72, as amended, to permit additional restaurant use at 139 Main Street, Unionville, and to recommend that a public meeting be held to consider the applications.  The proposal is to increase restaurant space from the existing 203 m2 to 409 m2, whereas the current zoning allows restaurant use up to 296 m2.  The applicant has drafted a private official plan amendment that is attached to this report (the Planning Act requires that the draft OPA be available for viewing prior to the Public Meeting).

 

BACKGROUND:

Property is located within the Unionville Heritage Conservation District

The subject property is located at 139 Main Street, Unionville at the southeast corner of Main Street and Victoria Avenue.  The building on this property, the Unionville Planing Mill Shopping Complex, was opened in 1987 and includes offices, boutiques, speciality retail shops and a restaurant.  The two storey building is 1,235.48 m2 in size with 54 parking spaces.  To the north and west of the property are commercial Main Street establishments.  Immediately to the east and to the south, across the railway tracks, are single detached residential units.

 

Unionville Core Area study was undertaken in 2002

In 2002, the Town of Markham retained consultants to undertake a study of the Unionville Core Area in relation to maintaining the planned function of Main Street Unionville as a traditional shopping area, and to make recommendations to the Town in respect of land use policies and zoning requirements.  Concerns had been expressed in relation to the “displacement” of retail uses by restaurants and pubs (and the potential impact on the parking supply) and the pressure for ground floor office uses. 

 

The Study confirmed that the increased number of restaurants was undermining the planned function of Main Street as a traditional shopping area, and that further controls were required to ensure a vitality of retail uses and continued variety and mix of land uses. 

 

New Official Plan policies were approved for the Unionville Core Area

A new Secondary Plan (Official Plan No. 107) was adopted for the Unionville Core Area on May 27, 2003, and it includes policies related to new restaurants.  The policies do permit Council to approve new restaurant use under certain circumstances. 

 

The Secondary Plan for the Unionville Core Area includes the following policies concerning restaurant use:

 

1.   The Secondary Plan indicates that in addition to the uses permitted restaurant uses may be permitted by Council subject to an amendment to the zoning by-law.  When considering such an application, the applicant shall be required to satisfy Council that there is sufficient parking available and that the new use will not negatively affect the predominance of at-grade retail uses along Main Street.

 

2.   The Secondary Plan also articulates what is meant by a “traditional shopping experience”.  It shall be the policy of the Town that Main Street Unionville provides a traditional shopping experience in the form of a historic commercial area where the at-grade uses are predominantly retail.  Specifically, it is intended that in the Main Street Unionville Traditional Shopping Area (which is identified in the Secondary Plan), in excess of 50 percent of the total at-grade, gross floor area shall be in retail use.  Council shall only approve additional restaurant floor space within the Traditional Shopping Area when retail uses represent greater than 50% of the total at-grade, gross floor area. 

 

Zoning By-law was amended in 2003 to reflect the Core Area recommendations

The subject property is zoned Heritage Main Street (HMS).  This zone permits speciality retail, personal service shops, arts and crafts workshops, photo studios, bed and breakfast and professional office (but not on the ground floor).  A site specific exception allows one restaurant having a maximum gross floor area of 296 m2 on this property. Restaurants are not permitted as of right in the Heritage Main Street (HMS) Zone. 

 

Applicant has previously requested additional restaurant space

Planning approvals for the Planing Mill development were obtained in 1985-86.  During this process there was ongoing concern related to the proposed amount of restaurant space and the provision of parking. 

 

A review of the Site Plan Control Agreement for the property dated August 1, 1986 indicates approval of a 2-storey 1235.48 m2 commercial building.  The Planning Report dated February 18, 1986 regarding the site plan approval of this application states that although the Main Street zoning designation at that time did not have a parking requirement, the Town had consistently required property owners in this zone to provide as much on-site parking as possible without disturbing the historic character of the Main Street area.  The report also noted that in addition to parking concerns in a previous staff report, concerns and objections expressed by neighbouring residents at both the public meeting and the OMB hearing focused on the parking supply for the proposed development. 

 

The applicant responded to this issue by reducing the proposed size of the restaurant, but a shortfall of 12 spaces still existed (utilizing typical parking standards at the time for restaurant and retail, 67 spaces were required with the applicant providing 55 spaces).  The Planning Report indicated that staff, albeit reluctantly, accepted the parking plan as proposed given all the site constraints.  Council supported the site plan application with 55 parking spaces.  A subsequent letter from the owner of the building on October 14, 1986 confirmed that it would not lease now or in the future any more than 2,500 sq. ft. (232 sq. m) of restaurant related uses due to the parking constraints (See Appendix ‘B’).

 

The Site Plan Agreement was amended on December 4, 1986 in order to restrict the gross floor area of the one permitted restaurant to a maximum of 232 m2 and to stipulate that not less than 50 parking spaces would be provided on lands leased to Unionville Village Investments.  The actual gross floor area of the restaurant at the time was 185 m2.  On March 25, 1987, the Minor Site Plan Control Applications Committee of Council approved an amendment to the existing site plan control agreement to permit an outdoor patio of 42 m2.

 

In 1987, an application to expand the existing restaurant operations to 311 m2 (3348 sq. ft.) was abandoned following publication of a negative staff report.  The staff report indicated that in light of the aggravated parking situation on the subject property and the immediate area, and the floor area cap in the site plan agreement, expansion of a use that required a high ratio of parking was not considered appropriate. 

 

Request is to increase restaurant space to 409 m2

The existing restaurant is 203 m2 (2182 sq. ft.) in size.  The Site Plan Agreement restricts the maximum size to 232 m2.  When Council amended the Zoning By-law in 2003, it provided for an additional 64 m2 of future restaurant space on this property for a total of 296 m2 (the owner of the Living Waters Restaurant had originally expressed a need for an additional 93m2 or 1000 sq ft of space for restaurant expansion).

 

The applicant is now requesting an additional 113 m2 of restaurant space for a total of 409 m2.  Although the existing site plan agreement and zoning by-law permits only one restaurant on this property, the applicant has indicated that they want the additional restaurant space for anywhere in the building and may include the development of a second restaurant.

 

 

 

Council has not approved any new restaurant floor space in historic Unionville since 2003

Since Council approved a new Unionville Core Area Secondary Plan and amended the zoning by-law in 2003, no additional restaurant floor space has been approved.  Applications have been reviewed against the criteria identified in the Secondary Plan:

-         will the new use negatively affect the predominance of at-grade retail uses along Main Street;

-         is the total, at-grade, gross floor area of retail uses within the Traditional Shopping Area greater than 50%; and,

-         is sufficient parking available;

 

In June 2005, official plan and zoning by-law amendment applications by the owner of 150 Main Street, Unionville to allow retail on the ground floor with restaurant use on the basement level were not supported by Council. 

Retail uses currently represent approximately 46% of at-grade floor space

The planned function for Unionville’s historic commercial core is to provide a traditional shopping experience where the at-grade uses are predominantly retail.  The Secondary Plan policies indicate that the objective is to have over 50% of the total at-grade, gross floor area in retail use.  A review of the current total, at-grade floor space within the traditional shopping area reveals the following:

                        Retail                45.7%

                        Restaurant        27.9%

                        Other               26.4%

 

If the request for restaurant expansion at 139 Main Street was supported, the total retail, at-grade, gross floor area would decrease to 43.1% and total restaurant would increase to 30.6%.

 

Applicant indicates that sufficient parking spaces are available on the property

As outlined above, the policy restriction on restaurant use is the key issue to be addressed in considering this application.  Parking is another key concern in dealing with restaurant applications.  In order to support a restaurant use, Council must be satisfied that there is sufficient parking.  The current parking requirement for restaurant use in the Main Street, Unionville area is 1 parking space per 15 sq m of net floor area. For retail or office, it is 1 parking space per 30 sq m of net floor area.

 

The current building is 1,235.48 sq m in size.  The applicant’s agent has submitted a calculation indicating that 25 parking spaces would be required for the 408.76 m2 of proposed restaurant space (net floor area of  367.88 m2) and 25 parking spaces would be required for the 826.72 m2 of floor area devoted to office and retail (net floor area of 744.05 m2).  Total parking spaces required would be 50 spaces with 54 spaces provided.

 

These figures are yet to be confirmed by the Town’s Zoning Department.

 

 

 

POTENTIAL BENEFITS OF APPROVAL OF THE PROPOSAL:

The potential benefits of the proposal include:

·        The additional restaurant space would assist the owner and restaurant tenant in allowing an expansion to the existing restaurant.

CONCERNS/ISSUES TO BE RESOLVED:

The following is a brief summary of concerns/issues raised to date:

·        The proposal for additional restaurant space must be considered in the context of the current Official Plan and Zoning criteria for such uses, arising from the 2003 policy study (OPA 107);

·        Although each application should be evaluated on its own merits, support for the requested amendments could be viewed as contentious given that Council only recently approved the new Secondary Plan policies and zoning provisions for Main Street, Unionville after extensive study and consultation.  Council already approved an additional 64 m2 of restaurant floor space at the request of the owner when the by-law was being amended in 2003;

·        In order to support a restaurant use, Council must be satisfied that the new use will not negatively affect the predominance of at-grade retail along the Main Street.  The replacement of retail space on the ground floor with restaurant uses will decrease the percentage of retail space on Main Street;

·        The proposed parking supply must be reviewed by Zoning to assess whether it would meet the requirements for expanded restaurant use.

 

It is appropriate that a Public Meeting be held to receive input on the proposal, prior to Council making any decision.

 

FINANCIAL CONSIDERATIONS:

None at this time.

 

ENGAGE 21ST CONSIDERATIONS:

None at this time.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The applications for Official Plan and Zoning By-law amendments have been circulated to internal departments and external agencies. As the property is located within the boundaries of the Unionville Heritage Conservation District, Heritage Markham was also circulated the applications.  Heritage Markham indicated no comment.  The applications have been circulated to the Region of York and Regional staff, at this time, has no objections.  However, although it is considered to be minor and of local significance, the OPA application is not eligible for exemption from regional approval due to its inclusion in the Regional Greenlands System, consistent with Section 7.2.7 of the Regional Official Plan.

 

 

 

ATTACHMENTS:

Figure 1            Applicant

Figure 2            Area Context/ Zoning

Figure 3            Site Plan

Appendix A      Draft Official Plan Amendment (Planning Act requires draft for consideration at the Public Meeting)

Appendix B      Letter from Applicant (October 14, 1986)

 

 

 

 

 

 

 

 

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

Director of Planning & Urban Design

 

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

Commissioner of Development Services

 

 

Figure 1

 

File:      Q:\Development\Heritage\PROPERTY\MAINSTU\139\REPORT TO DEVELOPMENT SERVICES COMMITTEE Jan 10 2006.doc

 

 

Applicant:         Unionville Village Investments Inc.

                        Mr. Domenic DiBernardo

139 Main Street, Unionville

L3R 2G6

 

(905) 475-6616 (T)

(905) 475-1969 (Fax)

 

Agent:              David Johnston Architect Ltd.

                        Mr. David Johnston

                        8 Maple Lane, Unionville

                        L3R 1R2

 

                        (905) 479-9992 (T)

                        (905) 479-9985 (Fax)

 

Location Map: