April,18 2006

REPORT TO DEVELOPMENT SERVICES COMMITTEE

SUBJECT: PRELIMINARY REPORT

Re-Zoning Application to permit office commercial uses

373 Main St. N., Markham Village

Richard Kearney

File # ZA 06 106151

CONTACT/AUTHOR: Peter Wokral, Heritage Planner ext.7955

RECOMMENDATION:

That a Public Meeting be held to consider the re-zoning application submitted by Richard Kearney to add office commercial uses as a permitted use at 373 Main St., which is currently zoned residential.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

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

Property is located within the Markham Village Heritage Conservation District

The subject property, 373 Main St. N. Markham Village contains a one storey stucco clad, brick heritage house located on the east side of the street within the Markham Village Heritage Conservation District. The frontage on Main St. is 19.5 m (64 ft), the depth is 44.5m (146 ft) and the lot area is 867 m2 (9368.3 ft2). There are some trees and shrubs located along the northern and eastern boundary of the property, but none are of any significant size or species.

Both office and residential uses are nearby

The property to the north is a one and a half storey, non-heritage single detached house converted to office commercial use and the property to the south is a one storey, non-heritage single detached house converted into three apartments and a medical office. The property to the east, at the rear of the subject property, is in residential use. Across the road are two single detached houses in residential use and to the north a service station and convenience store.

Official Plan policies support office use subject to conditions

The subject property is within the boundaries of Official Plan Amendment 108 (Main Street Markham Secondary Plan). The subject property is designated MD1/0 (Medium Density 1 Housing/Office) in OPA 108. In addition to the residential uses permitted under OPA 108, business and professional offices are permitted, subject to the following conditions.

Generally where an office use is proposed on any lot which is presently in residential use, at least one dwelling unit shall be retained or newly created on such lot. However, where it is proposed that an existing building on the lot is to be used, and the building by virtue of size or configuration, is not suitable for mixed use, Council may permit one use only to be established within the existing building, provided that in the event of subsequent significant expansion or renovation of the building, or redevelopment of the lot, the general provisions of the Medium Density 1 Housing/Office designation shall apply.

The property is zoned residential

The current zoning of the subject property is R1-Residential under By-law 1229, as amended. An amendment to the zoning by-law is needed to add “business and professional office use” to the list of uses permitted on the property in order to implement the proposal. Site Plan Approval is required to ensure that the treatment of the site is consistent with the intent of the Main Street Secondary Plan and the Markham Heritage Conservation District Plan.

Description of the proposal

The applicant has indicated he would like the option of using the building for either office or residential use, or a combination of both. The applicant also indicated a potential need for a rear addition at some time in the future. The proposed parking facilities as illustrated in Figure 5 are located to address the potential addition.

Potential benefits of the approval of the proposal:

Approval of the Zoning By-law Amendment will support the Town’s employment base and assure the continued use and maintenance of a Class A heritage building that contributes to the residential character of Main Street North. The proposal is in keeping with the Town’s initiatives regarding compact urban growth with a mix of compatible uses and is adequately supported by transit.

Concerns/issues to be resolved:

The following is a brief summary of concerns/issues raised to date. These matters, and any others identified through the circulation and detailed review of the proposal, will, if necessary, be addressed in a final staff report to be presented to the Committee at a later date.

Site Plan Approval will be required:

No changes are proposed to the existing building in this application for rezoning, but the applicant has produced a conceptual plan that suggests a possible addition to the building as well as parking. Staff has indicated that Site Plan Approval will be required to address the location of the parking requirements. Heritage Staff will request the applicant to enter into a Heritage Easement Agreement with the Town, and for a Letter of Credit to ensure that work is undertaken as per approved drawings.

The Engineering Department has also requested that the applicant apply for Site Plan Approval to better understand future parking requirements and how it will affect existing drainage of the property.

Landscape issues to be addressed at the Site Plan application stage:

Urban Design Staff have no objection to the addition of office/commercial use but will require the following at the Site Plan Agreement Stage:

A tree inventory and preservation plan including a tree preservation fence detail;
3 copies of the Landscape Plans, plus one reduced copy, prepared by a member in good standing of the O.A.L.A. and cost estimate for approval;
A letter of credit based on the landscape estimate to secure the approved landscaping;
A letter of credit to ensure tree preservation;
A possible street tree planting fee;
Cash-in-lieu of parkland for that area of the parking lot and any building expansion;
A Landscape Review Fee

Garbage issues:

The Ward Councillor has expressed the concern of residents living to the east of the subject property that any garbage/recycling be internal to the building.

Figure 1-Applicant/Agent & Location Map

Figure 2-Area Context & Zoning

Figure 3-Aerial Photograph

Figure 4-Survey

Figure 5-Conceptual Site Plan

Appendix “A”-Photographs

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