DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Valerie Shuttleworth, Director of Planning & Urban Design

Jim Baird, Commissioner of Development Services

 

 

 

 

PREPARED BY:

Regan Hutcheson, Manager of Heritage Planning

 

 

 

 

DATE OF MEETING:

2003-May-20

 

 

 

 

SUBJECT:

Implementation of Unionville Land Use and Parking Study

Amendments to the Official Plan and Zoning By-laws

 

 

 


 

RECOMMENDATION:

That the Official Plan Amendment and Secondary Plan for the Unionville Core Area (SD 03 106613) attached as Appendix ‘A’ to the report dated May 20, 2003, be approved;

 

That the Region of York be requested to expedite approval of the Official Plan Amendment and Secondary Plan in order that the implementing zoning can come into effect as soon as possible;

 

That upon approval of the new Official Plan Amendment by the Region of York, Council adopt a by-law to repeal By-law 266-90 (OPA No. 99) to give effect to this amendment, and to also repeal amending By-laws 157-97 (OPA No. 50) and 26-98 (OPA No.62);

 

That the Zoning By-law Amendment to By-law 122-72, as amended, attached as Appendix ‘B’ to the report dated May 20, 2003, be enacted;

 

That the Zoning By-law Amendment to By-law 28-97, as amended (Parking By-law), attached as Appendix ‘C’ to the report dated May 20, 2003, be enacted and that Council determine as per 34(17) of the Planning Act, R.S.O. 1990, c.P.13 that no further notice is required prior to adoption;

 

And that the Unionville BIA and other interested local stakeholders be requested to form a Historic Unionville Parking Advisory Committee to assist in the implementation of parking supply recommendations of the Main Street Unionville Land Use and Parking Study, with Town staff providing assistance where appropriate.

 

PURPOSE:

The purpose of this report is to implement the recommendations of the Main Street Unionville Land Use and Parking Study Final Report and subsequent recommendations from Council and the public, through amendments to the Official Plan and Zoning By-laws.

 

EXECUTIVE SUMMARY:

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, and to make recommendations to the Town in respect of land use policies and zoning requirements.  The consultants examined the increase in the number of restaurants and pubs on Main Street, the displacement of retail uses, and the parking supply situation.

 

The Study confirmed that the proliferation of restaurants threatens to undermine the planned function of Main Street as a traditional shopping area, and that further controls on restaurant uses are warranted.  Parking supply was also identified as a legitimate concern that needs to be addressed from both a management and supply perspective.  Council endorsed the Study’s Final Report on December 10, 2002.  Staff has prepared an Official Plan amendment incorporating a new Secondary Plan for the Unionville Core Area and new zoning by-law amendments based upon the recommendations of the Study and subsequent public input.

 

BACKGROUND:

Main Street Unionville Land Use and Parking Study was undertaken in 2002

The Town of Markham retained the firm of Marshall Macklin Monaghan Limited, with John Winter Associates Limited as a retail market sub-consultant, to undertake a study of the Unionville Core Area.  A number of Main Street Unionville business representatives and area ratepayers had expressed concern in relation to the number of restaurants and pubs locating on Main Street, and the potential impact on the parking supply for the area.  Concern had also been expressed regarding the pressure for ground floor office uses and a general concern with the “displacement” of retail uses.  There were also issues surrounding the overall supply and demand for parking, whether by-law parking requirements were adequate, and potential opportunities for provision of more public parking.

 

The Main Street Unionville Land Use and Parking Study confirmed that the number of restaurants threatens to undermine the planned function of Main Street as a traditional main street shopping area, and that further controls are required to ensure a vitality of retail uses and continued variety and mix of land uses.  Specifically, controls on restaurant uses are warranted.  The management and supply of parking was also identified as a legitimate concern.

 

To implement the recommendations of the Study, changes are required to the Official Plan (Revised 1987), the Unionville Core Area Secondary Plan (PD 1-12), Zoning By-law 122-72, as amended, and the Town Parking By-law.  The consultant’s Final Report, endorsed by Council on December 10, 2002, with a number of necessary modifications to the current secondary plan document and zoning by-laws identified by staff, forms the basis of the Official Plan Amendment incorporating a new Secondary Plan for the Unionville Core Area, and a new zoning by-law amendment to the parent by-law.

 

A new Secondary Plan is proposed

The purpose of the Official Plan Amendment is to modify the Official Plan and adopt a new Secondary Plan for the Unionville Historic Core Area.  After reviewing the current Unionville Core Area Secondary Plan, it was concluded that due to the number of modifications required to introduce new policies as recommended in the Study and to remove redundant policies and make corrections, it would be more efficient and effective to adopt a new secondary plan.  Proposed changes for the new secondary plan were fully detailed in the Development Services Commission Report of December 3, 2002 and include:

 

-     further articulating what is meant by a “traditional shopping experience” in the Heritage Main Street commercial policies;

-     ensuring that in excess of 50 percent of the total at-grade building facades within the traditional shopping area are in retail use;

-     providing guidance to the Committee of Adjustment to discourage minor variances for parking associated with restaurants and only permit a variance subject to strict guidelines (i.e. no reduction shall be greater that 10%);

-     controlling the amount of new restaurant space by requiring an amendment to the zoning by-law to permit new restaurant space within a defined area ;

-     adding bed and breakfast inns and hotels to the permitted uses;

-     prohibiting certain uses not conducive to a “traditional shopping experience” or that do not contribute to the animation of retail environment, such as motels, fast food restaurants, banquet halls, places of worship, daycare centres, funeral homes, private and commercial schools, banks and financial institutions.

 

A comprehensive amendment to the zoning by-law is recommended

The purpose of the zoning amendment is to repeal a number of existing zoning by-law amendments and adopt a new zoning by-law amendment that applies to the Unionville Core Area.  After reviewing the existing zoning by-law amendments affecting the Unionville Core Area and the recommended amendments for the Study, it was concluded that a new zoning by-law amendment should be adopted.  This approach will enhance comprehension and provide greater clarity for both Town staff and the general public.  Proposed changes to the zoning provisions are fully detailed in the Development Services Commission Report of December 3, 2002, and include:

 

-     removing all forms of restaurant type uses as permitted use;

-     identifying existing restaurants as permitted uses; and

-     adding a definition for ‘bed and breakfast inn’ and adding it to the list of permitted uses.

 

Statutory public meeting identified a number of concerns from the public

A statutory public meeting was held on January 7, 2003.  The following concerns were raised at the meeting and are addressed in the ‘Discussion’ section of this report:

 

-     definitions in the new zoning by-law amendment should clarify ‘retail use’ and ‘hotel’;

-     concerns related to the proposed boundary of the ‘traditional shopping area’ and the method used to calculate the percentage of existing land uses;

-     concerns from two property owners (the Planing Mill and 159 Main Street) requesting exemptions to allow additional restaurant use;

-     examine other tools that could be used to control the amount of restaurant floor space other than prohibiting restaurants in the zoning by-law;

-     the need to consider retail incentives;

-     issues related to the introduction of a cash-in-lieu of parking by-law;

-     comments from certain property owners on the west side of Main Street opposed to parking integration (pooling of parking resources);

-     the need for a Parking Authority should be examined;

-     review of the intent and wording of the grandfathering exemption related to the Parking By-law;

-     consider adding the existing recycling depot lands and the Town-owned lands north of Carlton Road on Main Street as potential parking supply options;

-     a desire to exclude major chains from Main Street to maintain a unique retailing ambiance;

-     clarify Station Lane Office Designation

 

A number of the issues raised at the public meeting were further expanded upon in subsequent correspondence sent to the Town from the Unionville BIA, the Unionville Villagers Association and from Talbot Consultants International Inc. 

 

Additional consultation meetings were held with affected parties

Councillor Virgilio, staff from the Planning Department and our Study consultants from Marshall Macklin Monaghan Limited met with representatives from the Unionville BIA and the Unionville Villagers Association on January 17, 2003 to address their issues and concerns (see Appendix ‘D’).  A public information meeting hosted by Councillor Virgilio and Planning staff was held on February 3, 2003 at the Civic Centre to update the public on potential changes to the secondary plan and zoning by-law amendment documents based on the additional consultation with the public. 

 

Staff also met with the owners of 139 Main Street (Planing Mill) and 159 Main Street (J.Vallianes) on February 7, 2003 to explore their concerns related to the potential impact of the proposed changes on their identified restaurant expansion plans.  Based on the result of these meetings, it was determined that a proposed second public information meeting tentatively scheduled for February 24, 2003 would not be needed.

 

Interim Control By-law was extended

The initial Interim Control By-law was to expire on February 7, 2003.  On January 14, 2003, Council extended the Interim Control By-law to September 1, 2003 to provide sufficient time to allow the necessary land use and zoning documents to be adopted by Council.

 

OPTIONS/DISCUSSION:

The areas of concern as expressed by members of the public, the Unionville BIA, the Unionville Ratepayers Association and members of Council are addressed below:

 

 

 

a)   The mechanism to be used to control future restaurants

      Staff is recommending that in the zoning by-law amendment, all forms of restaurants would be removed from the list of permitted uses and that a site specific exception would permit the floor space associated  with existing cafes, restaurants and taverns identified by address.  Any new restaurant use (expansion or new sites) would require a zoning by-law amendment.  Staff was requested to explore other potential alternatives to this approach.

 

      The recommended approach was chosen as it would permit Council to support new restaurants subject to a specific development proposal and an amendment to the zoning by-law.  The applicant would have 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.  The objective would be to not permit a restaurant use if it resulted in at-grade retail uses declining below 50% within the defined area.

 

      Staff examined the possibility of using a holding provision in the Heritage Main Street zone to obtain the same result.  The main difference between the by-law amendment approach and the removal of a holding provision is that the former approach requires a statutory public meeting while the latter approach only requires the applicant to satisfy conditions attached to the “Hold”.  Another major difference is with respect to appeal rights- any interested party may appeal a general by-law amendment to the OMB, whereas only the applicant has the right of appeal in the case of a Hold removal.  With the “Hold” approach, identified conditions normally relate to a matter that the applicant has some amount of control over (e.g. provision of services, execution of a site plan or subdivision agreement).   In this instance, the proposed 50% retail measure will be a major criterion as to whether a by-law gets passed.  This criterion is outside the applicant’s direct control, suggesting a general by-law amendment approach (where the decision is made at the discretion of Council) rather than the Hold removal approach (based on the applicant meeting conditions).  A second issue related to using a holding provision is that once the conditions are satisfied and the “Hold” is removed from a property, there is no longer an ability to control the floor area of restaurant use.  Without further controls, the owner could potentially expand the restaurant space within a building without the need for additional municipal approval.

 

      The Study consultants indicated that the requirement for a zoning amendment is an effective tool to ensure Council control and provides for staff and community review of restaurant proposals.  This approach evolved through a process involving considerable community consultation.  It is recommended that all new restaurants or restaurant expansion be required to apply for an amendment to the zoning by-law.

 

b)   Tools to encourage retail uses

      A number of tools were identified during the study process that could be used to encourage retail uses on Main Street including requiring no parking or reducing the parking standard for retail uses, strict enforcement of the current zoning by-law concerning offices on the ground floor and the designation of a Community Improvement Area.

 

      Staff did not pursue the reduction in the requirement for retail-related parking as it was clear that the existing parking supply would be further taxed by this approach, and it is questionable as to whether this alone would overcome the floor space rent differential between retail and restaurants.  However, staff supported the removal of restaurants from the parking ‘grandfathering’ provisions of the Parking By-law.  This “grandfathering” required an applicant to only provide (in addition to the existing parking spaces on the lot), the difference in the number of spaces required in the parking by-law between the existing use and the new use.  The affect of removing restaurants from the “grandfathering” provision would be to take away an incentive for the conversions of floor space to restaurant use.  Unionville (and the other heritage districts) already has a reduced parking standard for restaurants compared to the rest of Markham (1 parking space per 15 m2 of net floor area versus 1 parking space per 9 m2),  and it is not recommended that this be changed.

 

      Unionville was designated a Community Improvement Area in the 1980s.  If the Town chose in the future to adopt a specific Community Improvement Plan for the area, Council could provide grants and loans to retail establishments for façade or other improvements.  Ultimately, the success of retail space relates to the success of Main Street as a whole and the proper balance of uses.  The Town should continue to support and promote Main Street through programming, beautification and promotions.

 

 

c)   Methodology used to calculate the 50% retail calculation

      One of the key policies proposed in the secondary plan is for Main Street Unionville to provide a traditional shopping environment in the form of a historic commercial area where the at-grade uses are predominately retail.  To achieve this objective, it was originally recommended that within a defined district identified as the ‘Main Street Unionville Traditional Shopping Area’, in excess of 50 percent of the total at-grade building facades facing Main Street shall be in retail use.  For the purpose of this policy, a building façade or portion thereof would only be considered to be in retail use if retail is the principal use of the ground floor of the specific building.  This was included to prevent a street of shallow, potentially non-viable retail boutiques with restaurants and pubs located behind this veneer.

 

      Planning staff did prepare a database of linear facades for all properties on Main Street zoned Heritage Main Street. This involved measuring all the facades of buildings facing onto Main Street and a building façade was only considered to be in retail use where retail was the predominant use of the ground floor.  Staff felt that this database would be easy to maintain and would reflect the amount of retail, restaurant and other land uses that a pedestrian would encounter along the Main Street.  However, concerns were expressed about using a linear façade measurement approach.  Mr. Talbot, President of Talbot Consultants International Inc.- Market Research, Analysis and Strategies who is also a resident of Unionville and President of the Unionville Villagers Association indicated by letter that in his professional opinion, the standard commercial use measurement world-wide is Gross Leaseable Area (GLA), but that Gross Floor Area (GFA) is also utilized.  His concern is that staff is proposing an untried and contentious methodogy that was not used by the Study consultants.  In addition, concern was expressed regarding what is considered ‘frontage’ on Main Street.  Mr. Talbot recommended using Gross Leaseable Area for the entire building.

 

John Winter, the Study’s retail consultant, utilized Gross Ground Floor Area.  Mr. Winter made it very clear that the significant issue is ground floor retail space.  He was not concerned about above or below grade uses, as it is the at-grade uses that define the character of the street, in his opinion.  However, there is no accurate information base regarding at-grade gross floor area.  While the Town’s assessment database permitted Marshall Macklin Monaghan and John Winters to separate out at-grade GFA when they completed their previous studies in the early 1990s, the data base has been altered and now provides only the total GFA by address (i.e. the ground floor spaced is not separate).  Both consultants used their former data updated by site visits and estimations for the current analysis.

 

Estimating the at-grade GLA would be difficult and time consuming, and would be of questionable accuracy, particularily where there is more than one use on the ground floor.  There was also the issue of Town staff having to maintain whatever data base was chosen and to use it when considering new restaurant applications.  It is for these reasons that staff and the planning consultants agreed to the use of the linear façade measurement.

 

However, given the concerns raised in the community, a new database was created by Planning staff (see Appendix ‘D’).  This process involved a review of development plan files available at the Town  to determine the at-grade floor space, supplemented by using the Town’s aerial photography database of building footprints, site visits to each property and a voluntary floor space survey prepared by staff and administered by the Unionville BIA.  The result is a reasonably accurate database of the at-grade floor space classified as retail, restaurant and other (e.g. services, offices, residential).  According to our analysis, the at-grade floor space breakdown is as follows:

 

 

Measurement (m2)

Percentage

Retail

3,576.00

45.7%

Restaurant

2,187.00

27.9%

Other (office, personal service, residential, vacant)

2,064.00

26.4%

Total

7,827.00

100%

 

 

Feedback received by staff from the public consultation sessions has indicated that as a first principle, retail uses should comprise at least 50% of the at-grade land uses, and until such time as retail reaches 50% of the at-grade, gross floor area, there should be no conversion of other uses to restaurant use.  This position was also advocated by John Winter, the Study’s retail consultant who reported:

 

“The future trends indicate that a “restaurant row” or a “restaurant campus” is forming along Unionville Main Street and, while this may increase the diversity and the choice of eating areas, it can be seen as contrary to the planned function of Unionville Main Street, which focuses on ‘a traditional shopping experience’…the success of the restaurants is threatening to choke off the amount of space devoted to retailers, who were the original draw”

 

John Winter reports that already the restaurant component in Historic Unionville is about four times higher than the average restaurant component of commercial uses in generic urban areas, and that “experience has shown that successful retail nodes, particularly Main Streets, sell merchandise” and a “decline in the number and proportion of retail stores could be a predicator of impending decline”.  Consequently, Mr. Winter recommended that the municipality maintain the proportion of retail stores in Unionville Main Street at or (preferably) above the 50% level of ground floor space. 

 

Based on the further consultation with the community concerning the method of measurement, the Study’s planning consultant recommended that subsection 5.1.2. of the proposed secondary plan be modified to indicate that Council should not approve restaurant uses within the Traditional Shopping Area shown  when retail uses represent less than 50% of the total at-grade, gross floor area.  Staff has revised the secondary plan to reflect this concept and remove references to the at-grade building façade approach of measurement.

 

      Therefore, the test for restaurant rezonings would be how the proposal impacts the at-grade, gross floor area calculation, and whether the parking requirement can be achieved.  Until the overall retail figure rebounds to over 50%, new restaurants rezonings would not be recommended for approval.

 

d)   Boundary of the Traditional Shopping Area

      As mentioned in section (c) above, the 50% retail objective was to be achieved within a defined district identified as the ‘Main Street Unionville Traditional Shopping Area’ (Figure 2).  This boundary included all the Main Street properties between Carlton Road and Victoria Avenue.  The following properties zoned Heritage Main Street were considered to be outside the traditional main street shopping area: 141, 145, 145 Main Street (located north of Victoria Avenue on the old concession road), 139 Main Street (Planing Mill Complex) and 136 Main Street/ 2 and 4 Station Lane (north of the former Unionville Train Station).

 

      The boundary of the ‘traditional shopping area’ was recommended in the Study by the consultants.  The consultant and staff were of the opinion that the three lots on the old concession road were physically removed from the principal main street, and restaurant or office uses on these properties would not alter the character of Main Street.  These properties also have had retail zoning permission for at least ten years with no interest shown in retail conversion.  Further,the existing zoning on these properties already restricts the type and nature of restaurant use on the lands, in order to ensure compatibility with residential uses on Victoria Avenue.  We also felt that the Planing Mill Complex appeared to function like a stand-alone shopping centre with its own parking lot, and was not part of the area of concern.  The three properties at the corner of Station Lane and Main Street appear separated from the traditional main street and have limited parking opportunities.

 

      However, both the Unionville BIA and the Unionville Villagers Association disagreed with this assessment.  Both organizations were concerned that the proposed boundary is smaller than the Study Area, does not include all the Heritage Main Street zoned properties and excludes many members of the BIA.  The BIA describes the Planing Mill as the gateway to the BIA, a major focus of the retail street and a reflection of the historic beginnings of Unionville.  Concern was expressed that the Planing Mill building could be converted from retail uses to a large pub or restaurant complex.

 

      Based on the feedback from the public, Planning staff has re-evaluated  the situation and has revised the boundaries of the traditional shopping area to include all the Heritage Main Street zoned commercial properties.

 

e)   Requests for exemptions to permit additional restaurant use

      Mr. J. Valiannes, owner of 159 and 159A Main Street has requested an exemption from the proposed cap on restaurants given that he had indicated to Council during a recent rezoning application to allow a hotel use on his property that his redevelopment plans included a restaurant component.  No site plan application has been submitted to date for the hotel/restaurant/retail proposal.  Planning staff met with this owner to review his preliminary plans.  It was suggested that the proposed restaurant, which would service the hotel guests as well as others, could be accommodated on the second floor of the development.  Other options that were explored involved exploring whether the restaurant use could be combined with hotel lobby function or a combination retail store/restaurant.  However, these proved not feasible from a zoning perspective.  Planning staff does not recommend that this property be exempted from the proposed cap on restaurants.  The Town could consider the merits of an application if submitted in the future.

 

      Mr. D. Di Bernardo, owner of the Planing Mill, has also requested an exemption from the proposed cap on restaurants.  At present, the upstair units of the complex are in office use with one restaurant and a number of retail stores on the ground floor.  Staff met with the owner to review his concerns.  The owner has asked that he be permitted to develop up to 50% of the ground floor for restaurant use and has demonstrated that he has the parking spaces to accommodate this scenario.

 

      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.  Council approved an amendment to the Site Plan Agreement in 1986 restricting the gross floor area of the one permitted restaurant to a maximum of 232 m2 (2500 sq. ft.).  In 1987, an application to expand the existing restaurant to 311 m2 (3348 sq. ft.)  was abandoned following publication of a negative staff report.  The 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. 

 

      The existing restaurant is 203 m2 (2182 sq. ft.) in size.  It is recommended that given the maximum floor area restriction in the site plan agreement for this site, the proposed zoning by-law amendment should recognize this and restrict the maximum gross floor area to 232m2 for restaurant use on this property.  A preliminary review by the Zoning Section has indicated that sufficient parking would be available.

 

 f)   Definitions desired for retail store and hotel

      The Unionville Villagers Association has requested that the current definition of retail to be used in the zoning by-law amendment be tightened up to avoid a situation where office use on the ground floor is considered to be retail by the sale of a few goods or materials.  It has been suggested that the words “principal use” need to be in the definition.  John Winter has indicated that Statistics Canada defines a retail location as one “in which the principal activity is the sale of merchandise and related services to the general public, for household or personal consumption”.  Mr. Talbot, in his capacity as a professional retail consultant, has suggested the definition of “a traditional retail store as a premise of which a minimum of 80% of the ground floor is utilized for the display and sale of merchandise to the general public for household or personal consumption (excluding wholesale) with the majority of sales being conducted by traditional ‘over the counter’ means direct to the consumer (excluding rentals or indirect sales such as vending machines, catalogues or internet sales)”.  Given that retail sales in Unionville can occur in basement or second floor locations, staff is suggesting a definition that combines elements of both Statistics Canada and Mr Talbot’s suggestion be used in the zoning by-law amendment:

 

            STORE, RETAIL means a premise in which the principal activity is the display and sale of merchandise to the general public for household or personal consumption (excluding wholesale) with the majority of sales being conducted by traditional ‘over the counter’ means direct to the consumer (excluding rentals or indirect sales such as vending machines, catalogues or internet sales)”. 

 

      The definition for ‘Hotel’ is in the parent zoning by-law.  A member of the public suggested that people should not be required to hunt for these definitions and that the definition should be included in the proposed zoning by-law amendment.  Zoning staff has indicated that it is common practice to only include definitions in zoning by-law amendments where they differ from the definition in the parent by-law.

 

g)   Clarify Station Lane Office Designation

      The designation of the properties on Station Lane for office was introduced through the secondary plan in 1990, and the subsequent zoning by-law amendment.  Analysis of these properties was not part of the current study and the designation and zoning was merely being transferred  from the former secondary plan and zoning by-law amendment.

 

h)   Exclusion of major chain stores from Main Street

      It was requested that staff attempt to exclude major chain stores from Main Street Unionville in an attempt to retain Unionville’s unique retailing ambiance and character.  However, the Town can only control the “use’ not the “users”.  John Winter has stated that most large chain stores would find the buildings in Unionville too small for their operations.  The secondary plan also acknowledges the value of the small, independent commercial establishments to the overall amenity and vitality of the Core Area.

 

i)    Cash in lieu of parking

      The secondary plan indicates that “where site planning considerations result in a small deficiency in the amount of on-site parking available, Council may, in lieu of enforcing the standard parking requirements, accept a payment into a Town parking fund….”  It was suggested that staff should define what would be considered a small deficiency.  Staff will be bringing forward a separate report regarding a cash in lieu of parking policy to be adopted by Council, and this issue will be addressed in the specific policy.

 

j)    Parking supply issues and the need for a co-ordinating body.

      As requested by Council, staff will add the existing recycling depot land and the Town-owned lands north of Carlton Road on Main Street to the list of potential parking supply options identified in the Secondary Plan.  The issue of integration of parking lots on both the west and east side of Main Street as well as the exploration of other related parking supply solutions, needs to be addressed by some form of co-ordinating body.  There has been the suggestion that a parking authority is needed for Main Street.  This approach may be appropriate, although there currently isn’t a revenue base to manage this and the majority of parking is on private lands.  However, the merits of a parking authority could be explored in the context of a broader assessment of the need for a parking authority in Markham considering the parking management needs in other areas of the community.

 

      In the absence of a parking authority, the ‘champion’ of the parking supply cause should be a motivated local organization.  It has been suggested that the BIA or even a revamped version of the Study’s Community Advisory Committee could undertake this role.  Staff, after consultation with the Ward Councillor, is recommending that the Unionville BIA and other interested local stakeholders (such as residential ratepayer representatives) be requested to form a Historic Unionville Parking Advisory Committee to assist in the implementation of parking supply recommendations of the Main Street Unionville Land Use and Parking Study with Town staff providing assistance where appropriate.  The role of the committee could involve the following tasks:

 

      -     to identify and prioritize parking supply improvements recommended in the Land use and Parking Study (e.g. examination of the potential parking lots identified during the study process, initiate discussion with the owners of Fred Varley Plaza concerning the potential of of-site BIA staff parking at the Plaza during peak period and the possible expansion of the Plaza parking lot);

      -     to alert staff and Council of needed municipal parking related investments (e.g. striping of parking spaces and the implications of public use of the train station parking lot, introduction of strategically placed bicycle racks and the preparation of supporting material to encourage cycling, better signage to guide visitors to parking areas); and

      -     to generally encourage fellow residents and business owners to contribute to improving Main Street’s parking challenges such as the issue of integration of private parking lots.

 

k)   Amendment to the Parking By-law

      The wording in the proposed amendment to the Parking By-law has been revised to reflect the ‘grandfathering’ provision in the by-law ‘shall not apply’ to the Unionville properties rather than ‘exempting’ these properties from the provisions, as was originally stated in our Development Services Commission report of December 3, 2002.

 

Conclusion

Main Street Unionville is a continually evolving area.  The Historic Unionville Core Area is a special place with one of the finest collections of historic buildings in Ontario, concentrated in a manner that creates an intimate and highly attractive destination for people.  In the early 1990’s, the key issues facing this area were parking and pressures for expansion of the commercial district.  In 2002-03, there is concern regarding the number of restaurants and the displacement of retail uses, as well as parking supply issues.  The Unionville Land Use and Parking Study has confirmed after many months of analysis and community consultation that:

 

      -     the proliferation of restaurants threatens to undermine the planned function of Main Street as a traditional shopping area.  Further controls on restaurant uses are warranted in order to maintain the viability of the retail component on Main Street, ensure the adequacy of parking and to maintain consistency with the intent of the Official Plan.

 

      -     parking is a legitimate concern as parking demand presently mirrors supply.  Should the trend of granting parking relief for restaurants continue, demand will exceed supply.

 

The study process and subsequent public consultation has allowed local organizations such as the Unionville BIA, the Unionville Villagers Association and the Unionville Ratepayers Association, as well as local residents and business owners and operators to fully participate in the development of recommendations to address the identified concerns.  To implement the necessary changes to Town policies, Planning staff has prepared a new secondary plan for the Unionville Core Area and zoning by-law amendments based on the consultant’s recommendations in the Final Report of the study, modification and revisions to existing documents and by-laws as recommended by Planning Department staff and consideration of submissions received at the statutory public meeting and subsequent community input.

 

Staff recommend that the Official Plan Amendment and Secondary Plan for the Unionville Core Area attached as Appendix ‘A’ to this report, be approved and that upon approval of the new Official Plan Amendment by the Region of York, Council adopt a by-law to repeal By-law 266-90 (OPA No.99) to give effect this amendment, and to also repeal amending By-laws 157-97 (OPA No. 50) and 26-98 (OPA No.62).  The Region of York should also be requested to expedite approval of the OPA and Secondary Plan in order that the implementing zoning can come into effect as soon as possible.

 

Staff also recommends that the Zoning By-law Amendment to By-law 122-72, as amended, attached as Appendix ‘B’ to this report be enacted.   Zoning By-law Amendment to By-law 28-97, as amended (Parking By-law), attached as Appendix ‘C’ to this report should also be enacted.  However, given that the Parking By-law is a Town-wide by-law and the amendment includes a definition and parking standard for Bed and Breakfast Inns, Council should indicate as per 34(17) of the Planning Act, R.S.O. 1990, c.P.13 that no further notice is required prior to adoption.

 

The Unionville BIA and other interested local stakeholders should also be requested to form a Historic Unionville Parking Advisory Committee to assist in the implementation of parking supply recommendations of the Main Street Unionville Land Use and Parking Study, with Town staff providing assistance where appropriate.

 

 

 

FINANCIAL CONSIDERATIONS:

None at this time.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

Staff from the following departments or agencies has been consulted: Planning and Urban Design, Legal Services and Toronto and Region Conservation Authority.

 

ATTACHMENTS:

Appendix ‘A’               Official Plan Amendment and Secondary Plan

Appendix ‘B’               Amendment to Zoning By-law 122-72, as amended

Appendix ‘C’               Amendment to Zoning By-law 28-97, as amended (Parking By-law)

Appendix ‘D’               Summary of Ground Floor Area

Appendix ‘E’                Correspondence

 

 

 

 

 

 

 

 

 

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

 

Q:\Development\Heritage\SUBJECT\Unionville Core Study 2002\Official Plan and Zoning Amendments\DSC Report May 20 03.doc


FIGURE 1      

 

 

 

DOCUMENT:

Q:\Development\Heritage\SUBJECT\Unionville Core Study 2002\Official Plan and Zoning Amendments\DSC Report May 20 03.doc

 

 

 

STUDY AREA