RECOMMENDATION:
That a Public Meeting be held to consider the
Zoning By-law amendment application submitted by 1199394
Ontario Limited to permit retail stores with less than 300m2 of GFA, to recognize the existing food store as a
retail store and to incorporate previously approved minor variances into zoning
the by-law.
PURPOSE:
The purpose of this report is to provide preliminary information
regarding an application by 1199394 Ontario Limited for an amendment to the
Zoning By-law to permit retail stores with a Gross Floor Area (GFA) of less
than 300m2 and to recognize the existing food store as a
retail store. The applicant is also
proposing to update the zoning by-law to reflect minor variances that have been
granted over the years. The proposed
changes to the zoning by-law will not have the effect of changing the building
footprint or area of the existing building. A site plan has been submitted for
reference (Figure 4).
BACKGROUND
Property and Area Context
The subject
property is located on the south side of Highway 7, east of Woodbine Avenue.
The site encompasses an area of approximately 2.4 ha (5.9 acres). The subject development is located within
a commercial area. Surrounding land uses
include Woodside Power Centre to the east and south, the LCBO to the west, and
Burger King to the north, across Highway 7.
The new Michael Angelo’s Supermarket (under construction) will be
located north-west of this site, next to Burger King. The Longo’s building was originally
constructed in 1985. An addition was
built in 2001, expanding the existing food store and creating 2 retail units in
the rear. In 2004, a small addition was
built at the front of the existing building to accommodate a dry cleaning
establishment (Dove Cleaners). Currently,
the complex has a total GFA of approximately 4783.10 m2 (51,486.5 ft2).
PROPOSAL
This zoning amendment application is
being proposed to update the by-law to reflect changes that have been made over
the years through the granting of minor variances; to recognize the existing
food store as a retail store, and permit smaller retail units at the rear of
the building. The applicant has not
indicated the size of units they are proposing at the rear of the building and
staff will be reviewing this matter in more detail with the applicant.
DISCUSSION
Previously granted minor variances to be
consolidated and incorporated into By-law.
In 2001, the food store expanded which
included the addition of retail space, to be leased for other retail uses, at
the rear of the building. To accommodate
this expansion, a minor variance was granted to reduce the minimum required
front yard landscape strip and to reduce the number of required parking spaces
by one. In 2002, another minor variance
was granted to permit a seasonal garden centre and a further reduction in the
number of required parking spaces by 14.
This further reduction in required parking is required only while the
seasonal garden centre is in operation.
The applicant is seeking to incorporate these minor variances into a site
specific zoning by-law as part of this application.
Existing food store to be permitted as a
“retail store.”
Currently, the applicable zoning by-law
permits a fruit and vegetable market.
The applicant is seeking to expand the permitted uses to include a
retail store and a seasonal garden centre.
This will allow for the existing food store and will incorporate the
minor variance granted in 2004 to permit a seasonal garden centre. The retail store permission will more
accurately reflect the use existing today and will provide more flexibility for
any future changes to the tenancy of the building.
Applicant seeking greater flexibility with
retail space.
The retail space at the rear of the
building currently contains 2 separate units, one a lighting store and the
other a mattress store, with a total GFA of approximately 717m2. The zoning by-law permits retail uses with a
minimum GFA of 300m2 or greater. The applicant is
seeking to amend the by-law to permit retail units with a GFA of 300m2 or
less. The Official Plan permits retail
stores provided that individual premises are “generally” not less than 300m2 in
GFA. The applicant has not submitted a
site plan demonstrating the size of units they are proposing for the leased
rear retail portion of the building. The
two existing retail units comply with the Zoning By-law and Official Plan.
OFFICIAL
PLAN AND ZONING
The property
is designated “Retail Warehouse” in the Official Plan. The proposed retail store, seasonal garden
centre and dry cleaning uses are all provided for under this designation. However, retail stores are only permitted provided
that they are “generally” not less than 300m2 in GFA. Given that the leased
retail component at the rear represents only 15% of the total GFA of the
building, it is the opinion of staff that an official plan amendment is not
required provided that the proposed retail units are not substantially less
than 300m2 in GFA. As
mentioned above, the applicant has not indicated the size of units they are
proposing.
The
property is zoned Special Commercial One (SC1) pursuant to By-law 165-80 (Figure
2). This zoning category permits a range of commercial uses including service
shops and specific types of retail stores such as pet stores, book stores and
jewellery stores. The existing food
store was introduced and permitted as a “fruit and vegetable market” through a
by-law amendment in 1985. The dry cleaning establishment introduced in 2004 is
permitted as a “personal service shop”. A minor variance was granted in 2002 to
permit the seasonal garden centre. This
zoning amendment proposes to introduce retail stores as a permitted use, to
more accurately reflect the current business operation and to incorporate
previously granted minor variances relating to use, development standards and
parking standards. This aspect of the
proposed zoning amendment will have the effect of consolidating the specific
list of retail uses permitted within the existing by-law, into a more general
use category, retail stores.
POTENTIAL BENEFITS OF APPROVAL OF THE PROPOSAL
Potential benefits include:
·
Proposed zoning amendment will
“clean-up” previously granted variances for the site and incorporate them into
the proposed zoning by-law.
·
Proposed by-law
will consolidate the dated specific list of retail uses permitted
within the existing by-law.
CONCERNS/ISSUES TO BE RESOLVED
The following is a brief summary of the
concerns/issues raised to date. These
matters, and 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.
·
The proposed smaller retail units may increase
the required parking for the site which
will warrant further review
and consideration.
·
Size of proposed retail units at rear required
prior to staff making recommendation.
FINANCIAL
CONSIDERATIONS:
There
are no financial implications for the Town at this time.
ENVIRONMENTAL
CONSIDERATIONS:
There are no environmental implications for
the Town at this time
ACCESSIBILITY
CONSIDERATIONS:
There are no accessibility
implications for the Town at this time.
ENGAGE
21ST CONSIDERATIONS:
The proposal aligns with the
following key Town of Markham Corporate Goals: Managed Growth,
Quality Community and Infrastructure Management.
BUSINESS UNITS
CONSULTED AND AFFECTED:
The application has been circulated to
various departments and agencies for comment, and their requirements will be
incorporated into the final report.
CONCLUSION:
This report has been prepared to brief Members of Council on the status
of this application, and to recommend the scheduling of a formal public meeting
to gain public input on this application.
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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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ATTACHMENTS: Figure
1 - Location Map
Figure
2 – Area Context/Zoning
Figure 3 – Air Photo
Figure 4 – Site Plan
APPLICANT/AGENT: Goodmans LLP
Judy Bates
Tel: 416-597-4197
Fax: 416-597-1234
Q:\Development\Planning\Appl\Zoning\05
015040 3085 Highway 7\Prelimenary Report
