DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning & Urban Design

 

 

 

 

PREPARED BY:

Doris Cheng, Planner II, ext. 7922

Markham Centre District

 

 

 

 

DATE OF MEETING:

March 1, 2005

 

 

 

 

SUBJECT:

RECOMMENDATION REPORT

4491 Highway 7 East (R. Corona Properties Corporation)

South east corner of Highway 7 East and Main Street Unionville

Application for zoning amendment to permit additional uses.

Concession 5, Part Lot 10, 64R-3604 Part 1 (ZA 04-026009)


 

RECOMMENDATION:

That the staff report entitled “Recommendation Report:  4491 Highway 7 East (R. Corona Properties Corporation) South east corner of Highway 7 East and Main Street Unionville; Application for zoning amendment to permit additional uses, Concession 5, Part Lot 10, 64R-3604 Part 1(ZA 04-026009)” be received;

 

And that the zoning by-law amendment application (ZA 04-026009) to amend By-law 122-72 as amended, submitted by R. Corona Properties Corporation to permit additional uses on the lands municipally known as 4491 Highway 7 East be approved and the draft Zoning By-law, attached as Appendix ‘A’ to the staff report, be finalized and enacted.

 

PURPOSE:

The purpose of this report is to recommend approval regarding a zoning amendment application submitted by R. Corona Properties Corporation pertaining to the commercial building at 4491 Highway 7 East (former Bank of Nova Scotia building).  The application is to amend the list of permitted uses from only a bank to introduce additional commercial and retail uses consistent with the underlying General Commercial zone category.

 

BACKGROUND:

Site location and area context

The subject property is located in the Unionville Heritage Conservation Planning District, at the south west corner of Highway 7 East and Main Street Unionville South.  The existing building was constructed in 1975 to accommodate a bank and a site specific by-law (By-law amendment 98-75) was applied to the lands at that time.  In September 2003, the Bank of Nova Scotia vacated the property.  The building has remained vacant since then, and the Bank of Nova Scotia lease is due to expire in April.    

 

The site is flanked by single detached residential dwellings to the south and commercial plazas to the west.  To the east of the property, across Main Street Unionville, is the heritage Esso Gas Station.  North of the site, on the north side of Highway 7 East are businesses and residential homes within the Unionville Heritage District. 

 

DISCUSSION:

The proposal conforms to the Official Plan and Secondary Plan

The lands are designated Commercial Corridor Area in the Official Plan which provides for a variety of uses including retail, service, office, banks and financial institutions, hotels and motels, entertainment, day care centres, private and commercial schools, places of worship, restaurants, fitness centres. 

 

The lands are also designated Commercial Corridor Area in the Secondary Plan (OPA 21), which contains similar provisions as outlined above, and includes specific design requirements pertaining to the location of the building and parking.  The Secondary Plan also identifies the need to minimize the points of access along Highway 7 East and encourages joint access across adjacent parcels.

 

A zoning amendment is required

The applicant has requested additional permitted uses.  The General Commercial (C1) zone category found in this area generally includes the following uses:

  • Animal hospitals or veterinary establishments;
  • Art or antique shops;
  • Bakeries but not including the manufacturing of baked goods or products;
  • Banks, financial institutions or money lending agencies;
  • Business and professional offices;
  • Clubs whether fraternal or operated for profit;
  • Commercial schools;
  • Dressmaking or tailoring;
  • Drug stores;
  • Dry cleaning and laundry depots;
  • Medical clinics;
  • Photography studios;
  • Public and private parking areas;
  • Recreational establishments; 
  • Restaurants; 
  • Retail stores;
  • Service shops,
  • Personal service and repair shops; and
  • Upholstering and furniture repair establishments.

 

A Parking Study has been submitted and reviewed by staff

The applicant retained a consultant to provide a Parking Utilization Study to justify and outline a rationale for the feasibility and types of additional uses within the C1 zone that can be accommodated on this site in relation to the parking supply currently available. The Parking Utilization Study provides a comparative analysis of other sites similar to the stand-alone nature of the subject lands.  The study also provides the Town of Markham Parking By-law requirement for each use considered in the study.

 

The findings of the study support additional uses including:  animal hospitals or veterinary establishments, pharmacies, medical clinics, retail stores, business and professional offices, personal service shops, banks, financial institutions or money lending agencies, art or antique shops, and upholstery and furniture repair establishments within the ground floor only.  Staff proposes that retail uses not be permitted in the basement and it strictly be used for storage.  This is reflected in the site specific by-law amendment attached as Appendix ‘A’.

 

Planning staff, in consultation with staff of the Heritage section, have reviewed the appropriateness of certain uses due to the limited available parking supply and neighbouring uses.  Based on these discussions, it was agreed that animal hospitals or veterinary establishments, commercial schools, medical clinics, public and private parking areas, and restaurants would not be appropriate.   The applicant has agreed to the reduced list of permitted uses proposed by staff, including that restaurant uses should not be permitted in this location as the existing building is not designed for such a use.

 

When the original site plan was approved in 1975, the site was only required to provide a total of 15 parking spaces.  The Town of Markham Parking By-law 28-97 has since been enacted which specifies a reduced minimum size required for parking spaces.  The applicant has reflected the new standards on the site plan which now indicates 18 spaces can be accommodated on-site.  Upon review and correspondence with the resident behind the building, staff believe that proposed spaces 9 and 13 should be eliminated due to operational and access constraints, resulting in a total parking supply of 16 spaces (refer to Figure 4).  The by-law will be constructed to require a minimum of 16 spaces with the basement limited to storage only in conjunction with the list of uses to be permitted.

 

The applicant has been advised of the Main Street Unionville EA and Streetscape Study

The applicant has been advised that the Engineering (Capital Works) Department, in conjunction with the Planning and Urban Design Department, is undertaking a Main Street Unionville Environmental Assessment Study and the Main Street Unionville Streetscape Study.  Staff have advised that any future alterations to the site would require compliance with the emerging design guidelines for Main Street Unionville.

 

Residents expressed concerns with retail uses at the public meeting

At the January 25, 2005 public meeting, three residents addressed Committee.  All had different views on the appropriate uses for this location.  Richard Talbot, President of the Unionville Villagers Association (UVA), stated that the subject property is a key corner location in the revitalization of Main Street and Highway 7.  He indicated that he was not in support of banks, business and professional office uses, but he is in support of more ‘animating’ uses such as retail stores, restaurants and service shop uses.  A resident of Unionville suggested that a wider range of uses should be permitted, while another resident, whose property backs onto the subject property, provided a petition of 12 signatures from East Drive residents objecting to retail uses. Their concerns included increased noise and traffic, potential increased hours of operation, inadequate parking, and congestion at the bus stop caused by additional parking spaces.  Accumulated snow storage on the site, and safety issues for children playing in the area were also identified. The spokesperson for the residents indicated support for a business use that would minimize hours of operation.  Committee agreed that the vacant site needs to become a viable property again, and that a variety of permitted uses may help in this regard.

 

Staff advised Committee they would consult with members of the public regarding appropriate uses, in consultation with the owner.  Staff contacted Richard Talbot and the neighbouring residential property owner, requesting feedback pertaining to a potential list of retail uses.

 

At the time of writing this report, no additional feedback was received by the residents of East Drive, however staff have received comments from two members of the UVA and Richard Talbot.  This correspondence is attached as Appendix ‘B’ and ‘C’.  Many of the concerns noted are related to land use and compliance with the current Main Street revitalization efforts being undertaken by the Town.  Staff agree, that while there are redevelopment opportunities for this site, the zoning application currently under consideration is not the appropriate vehicle to address streetscaping and urban design matters.  This would be accomplished through a future site plan application or through a comprehensive plan to redevelop this site and commercial/retail plazas to the west of the site as a whole. 

 

Staff note that while the designation within the Official Plan (as discussed earlier within this report) provides for a broad range of uses, staff propose a range of uses appropriate to the site context,  site constraints and consistent with the neighbouring low density community.  Staff has been advised through recent correspondence from Richard Talbot (attached as Appendix ‘D’) on behalf of the UVA confirming they would support staff’s recommendations. 

 

The information provided by the residents has been incorporated into the draft by-law attached as Appendix ‘A’ by amending the list of permitted uses and specifying specific uses to be prohibited.

 

The applicant has been requested to consider shared access with the adjacent property   

Staff has requested the applicant to investigate the possibility of shared access opportunities with the adjacent plaza to the west and fronting onto Highway 7 East.  The applicant has informed staff that their attempt to negotiate with the neighbouring plaza has been unsuccessful.  Staff has informed the applicant that any future site plan amendments related to the property or the adjacent plaza would require the landowners to enter into a shared access agreement to be registered on title.

 

ENVIRONMENTAL CONSIDERATIONS:

None at this time.

 

ACCESSIBILITY CONSIDERATIONS:

None at this time.

 

ENGAGE 21ST CONSIDERATIONS:

None at this time.

 

FINANCIAL CONSIDERATIONS:

There are no financial implications for the Town in this report.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to internal departments and external agencies for comment.  All comments and/or requirements have been reflected in the final report.

 

 

 

 

 

 

 

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

 

ATTACHMENTS:

Figure 1:  Location Map

Figure 2:  Aerial Photograph

Figure 3:  Zoning / Context Map

Figure 4:  Existing Site Plan

Figure 5:  Recent Survey and Proposed Parking Configuration

Appendix ‘A’ – Draft Bylaw

Appendix ‘B’ – Email correspondence from Reid McAlpine and Brian Roman

Appendix ‘C’ – Letter from Unionville Villagers Association

Appendix ‘D’ – Email correspondence from Richard Talbot

 

APPLICANT / AGENT:        Ms. Sandra Corona (Manager)

R.Corona Properties Corp.

175 Toryork Drive

North York, ON   M9L 2Y7

Telephone:  416-748-5504

Fax:  416-743-1864

 

DOCUMENT: 

Q:\Development\Planning\APPL\ZONING\04 026009 R. Corona Properties\DSC-final report.doc

 


Figure 1:  Location Map