RECOMMENDATION:
That the site
plan application by Main Street Unionville Holdings (SC 03 119150) to
construct an at-grade, outdoor commercial patio in the front/ side yard at 175 Main Street, Unionville, be approved, subject to the following
conditions:
1. THAT the Owner enter into an amendment
to the existing site plan agreement with the Town;
2. AND THAT prior to execution of the site plan agreement, the
Owner shall submit final drawings, and comply with all requirements of the Town
and authorized public agencies, to the satisfaction of the Commissioner of
Development Services including the following:
·
The patio fence
shall be a wood picket detail and extend along the entire frontage of the
property;
·
The picket fence
is to be stained white;
·
If lighting is
required along the side elevation, it should match the gooseneck lighting on
the front façade. All exterior lighting is to conform with the Unionville
Heritage Conservation District Plan;
·
Planting beds
shall be introduced between the picket fence and the handicap ramp and under
the window, and if possible, a tree to help re-introduce natural vegetation
along Main
Street;
·
Any umbrellas to
be used on the outdoor patio are to be plain in design without advertising on
them; and
·
No banners,
flags, or forms of advertising of any kind are to be placed on the outdoor
patio, or on the picket fence.
3. AND THAT the site plan agreement include
provisions for the payment by the Owner of all applicable fees, recoveries,
development charges, parkland dedications and financial obligations related to
applicable Developers Group Agreements.
4. AND
FURTHER THAT site plan approval shall lapse after a period of three years
commencing June 1, 2004 in the event that the Owner does not enter into a site
plan agreement with the Town during that period.
PURPOSE:
The purpose of this report is
to recommend approval of a site plan to permit a front/side yard commercial
patio at 175
Main Street,
Unionville.
BACKGROUND:
Property and Area
Context
The subject property is
located at 175
Main Street,
Unionville, which is located within the historic commercial core area of
Unionville. The property is also located
in the Unionville Heritage Conservation District. The commercial tenant in the building is the
Rose and Firkin Pub. To the north, south
and west of the property are commercial properties.
Two commercial patio
applications were submitted
The applicant initially
submitted a site plan approval application in October 2003 for a rear balcony
patio in conjunction with the restaurant/pub use (SC 03 117540). The Town
informed the applicant that the Outdoor Patio By-law (71-96) prohibits rooftop
outdoor patios adjacent to a residential zone or use. There are residential apartment units in the
subject building and in nearby buildings.
It was indicated that the Planning and Urban Design Department could not
support the commercial patio at this location given the by-law provisions. Staff suggested the applicant relocate the
patio to the ground level of the property.
In November 2003, the
applicant submitted a new site plan approval application for a ground level
commercial patio at the front and to the south side of the property (SC 03
119150). The initial submission showed
the patio extending onto the abutting lands to the south (161 Main Street). The abutting
landowner had agreed to allow the proposed patio on a portion of his land. The abutting lands are not used as a
restaurant. The Outdoor Patio By-law
(71-96) defines outdoor patios as eating areas used “in conjunction” with any
type of restaurant. The Town’s Legal
Department indicated that an outdoor commercial patio must be contained within
the lot line of the restaurant with which it is used. The applicant revised the application so as
to be on the subject property.
The rear balcony patio
was approved by Council
In March 2004, the owner of
the property applied to the Committee of Adjustment requesting relief from the
requirements of By-law 122-72, as amended (by the Outdoor Patio By-law 71-96),
to permit a rooftop outdoor patio adjacent to a residential use. On March 31, 2004, the Committee of Adjustment supported the variance(A/35/04). subject to the
following conditions:
1)
The applicant is
to obtain site plan approval to address any necessary design changes to the
building and any lighting requirements, and enter into an amended site plan
agreement;
2)
Any umbrellas to
be used on the outdoor patio are to be plain in design without advertising on
them;
3)
The use of
musical instruments or other mechanical or electrical music equipment or
speakers are prohibited on the patio;
4)
That the variance
applies only to the subject development as long as it remains.
The decision of the Committee of Adjustment
is currently under appeal.
On April 27, 2004, site plan
approval application (SC 03 11754) submitted by Main Street Unionville Holdings
Inc., owner of 175 Main Street, Unionville, for a rear, rooftop patio was
approved by Council, subject to Minor Variance A/35/04 coming into effect and
subject to a number of conditions. The
size of the outdoor rooftop patio is 43.9 m2 (473 sq. ft)
Current Proposal
The current application is
for a 32 seat commercial patio partially located in the front yard and south
side yard of 175
Main Street,
Unionville. The size of this patio area
is 23.8 m2 (256 sq. ft).
DISCUSSION:
The proposed patios are smaller in size than 40% of
the restaurant GFA and are exempt from parking requirements
By-law 71-96 (A Town-wide
By-law to Regulate Outdoor Patios Associated with Restaurants) permits outdoor
patios with a maximum area of 40% of the restaurant’s Gross Floor Area (GFA)
and exempts them from parking requirements (s.1.2.1). “Outdoor patio” is defined as “an outdoor
eating area used only on as seasonal basis in conjunction with any type of
restaurant”.
The proposed patios comply
with the requirements of By-law 71-96 pertaining to size and no additional
parking is required as the size of the patios [43.9m2 (Rooftop) +
23.8m2 (proposed front patio)
= 67.7 m2 or 20.5%] is
less than 40% of the restaurant’s Gross Floor Area (330 m2).
Fire Department concerns
have been addressed
Originally, the Fire
Department did not support this proposal as the Fire Department connection was
located within the proposed front yard patio area. This connection has since been relocated and
the Fire Department has indicated is has no further issues.
A number of design
related issues have been raised
Heritage Markham and Urban
Design staff have made the following recommendations
which are to be incorporated into the final site plan submission or as
requirements in the site plan agreement:
- The patio
fence is recommended to be a wood picket detail and extend along the
entire frontage of the property;
- The picket
fence is to be stained white;
- If lighting is
required along the side elevation, it should match the gooseneck lighting
on the front façade;
- Planting beds
are recommended to be introduced between the picket fence and the handicap
ramp and under the window, and if possible, a tree to help re-introduce natural
vegetation along Main Street;
- Any umbrellas
to be used on the outdoor patio are to be plain in design without
advertising on them; and
- No banners,
flags, or forms of advertising of any kind are to be placed on the outdoor
patio, or on the picket fence.
Heritage Markham and staff
had original requested that the surface of the patio be surfaced in a
fieldstone or other similar type of material, but after further consideration
and a site visit, staff has no objection to the retention of the existing
concrete surface.
Recommendation
It is recommended that the
site plan approval application for the outdoor commercial patio be approved
subject to the noted conditions.
FINANCIAL CONSIDERATIONS:
None at this time
ACCESSIBILITY CONSIDERATIONS:
The proposed outdoor patio is at
grade.
ENGAGE 21ST
CONSIDERATIONS:
The proposal aligns with the
corporate goal of achieving a Quality Community through recognizing, promoting
and strengthening a sense of community.
BUSINESS UNITS CONSULTED AND AFFECTED:
The application was circulated to internal
departments and Heritage Markham for comment.
ATTACHMENTS:
Figure 1 - Applicant/Agent and Location Map
Figure 2 – Area Context and Zoning
Figure 3- Air Photo
Figure 4 – Site Plan
Figure 5 – Elevation and Fence Detail
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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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FIGURE
1
FILE
PATH: Q:\Development\Heritage\PROPERTY\MAINSTU\175
firken\DSC june 1 04 front patio.doc
APPLICANT: Main Street
Unionville Holdings
Paul
Saraiva, Director
20 Steelcase Road, West
Unit
1C
Markham, Ontario L3R
1B2
Tel:
905-947-4444
Fax:
905-305-9719
LOCATION
MAP:
