Report to: Development Services Committee Date of Meeting: May 16, 2006

SUBJECT: Recommendation Report

139 Main Street, Unionville

Unionville Village Investments Inc.

Applications for Official Plan and Zoning By-law Amendments

OP 05 016826 and ZA 05 016845

PREPARED BY: Regan Hutcheson, Manager, Heritage Planning, ext 2080

RECOMMENDATION:

That the Official Plan Amendment application (OP 05 016826) and Zoning By-law Amendment application (ZA 05 016845) submitted by Unionville Village Investments Inc. to permit additional restaurant floor space within the Planing Mill Shopping Complex at 139 Main Street, Unionville, be denied.

EXECUTIVE SUMMARY:

Applications have been received for amendments to the Official Plan (OPA 107) and to Zoning By-law 122-72, as amended to permit additional restaurant use at 139 Main Street, Unionville (Unionville Planing Mill Shopping Complex). The property is located within the Unionville Heritage Conservation District and is subject to Secondary Plan policies and amended zoning by-law provisions adopted by Council in 2003 to address the issue of additional restaurant uses.

Restaurants are not permitted as of right in the Heritage Main Street (HMS) Zone, but a site specific exception in the by-law allows one restaurant having a maximum gross floor area of 296 m² on this property. Any additional restaurant use is to be reviewed against the following three criteria as identified in the Secondary Plan: 1) is the total, at-grade, gross floor area of retail uses within the Traditional Shopping Area of historic Unionville greater than 50%; 2) will the new use negatively affect the predominance of the at-grade retail uses along Main Street; and 3) is sufficient parking available. The Secondary Plan indicates that Council shall only approve additional restaurant floor space in this area when retail uses represent greater than 50% of the total at-grade, gross floor area.

After the public meeting, the applicant revised the initial request for additional restaurant floor space from a maximum of 409 m² to 326.5 m². The applicant also offered to maintain 50% of the at-grade floor space at the Planing Mill in retail use (although currently 54 sq m of that at-grade floor space (about 16%) is in a service use as a hair salon and not retail. The following chart provides a summary of the existing and additional “approved or requested" restaurant floor space:

Existing Restaurant Floor Space	203 sq m
Permitted Size of Restaurant in Site Plan Agreement	232 sq m
Additional Floor Space Allowed in 2003 Zoning By-law (64 m^2)	296 sq m
Initial Request by Applicant for Additional Floor Space (113m^2)	409 sq m
Revised Request by Applicant for Additional Floor Space (30.5m^2)	326.5 sq m

The Unionville BIA and three residents from Victoria Avenue have indicated opposition to the proposed restaurant floor space expansion. The residents were concerned about additional noise, traffic, pollution and traffic issues while the BIA did not support deviating from recently approved planning policies.

Staff reviewed the revised proposal against the three criteria identified in the Secondary Plan. Parking can be accommodated based on a restaurant floor space of 326.5 m² subject to the upper level of the shopping complex being zoned only for business office uses. As to the question of the percentage of retail floor space, staff undertook a review of all the properties within the Traditional Shopping Area in April and found that at present, the at-grade, gross floor area for retail represents 50.0%. However, if the current proposal for additional restaurant space is supported, the retail percentage decreases to 48.4%. Even if the restaurant is expanded to what is currently permitted in the zoning by-law (296 m²), the retail percentage would drop to 48.8%. Therefore, the approval of the current proposal would affect the predominance of at-grade retail on the street by decreasing it by approximately 2% of the total floor area.

Staff cannot support the applications to further increase the restaurant floor space at this time as it would be contrary to the policies of the Unionville Secondary Plan related to maintaining at least 50% of the at-grade, gross floor area in retail use in the Traditional Shopping Area of historic Unionville. If Council wishes to support the applicant’s revised proposal of permitting a total of 326.5 m² of restaurant space, it should be conditional upon the applicant maintaining 50% retail uses at grade on the property, and only permitting professional offices on the second floor in order to meet parking requirements.

FINANCIAL CONSIDERATIONS:

Not applicable

1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

6. Accessibility 7^. Engage ^21st 8. Affected Units 9. Attachment(s)

PURPOSE:

The purpose of this report is to provide a recommendation regarding applications for amendments to the Official Plan (OPA 107) and to Zoning By-law 122-72, as amended, to permit additional restaurant use at 139 Main Street, Unionville.

BACKGROUND:

Property is located within the Unionville Heritage Conservation District

The subject property is located at 139 Main Street, Unionville at the southeast corner of Main Street and Victoria Avenue. The building on this property, the Unionville Planing Mill Shopping Complex, was opened in 1987 and includes offices, speciality retail shops and a restaurant. The two storey building is 1,235.48 m² in size with 54 parking spaces. To the north and west of the property are commercial Main Street establishments. Immediately to the east and to the south, across the railway tracks, are single detached residential units.

Unionville Core Area study was undertaken in 2002

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 as a traditional shopping area, and to make recommendations to the Town in respect of land use policies and zoning requirements. Concerns had been expressed in relation to the “displacement” of retail uses by restaurants and pubs (and the potential impact on the parking supply) and the pressure for ground floor office uses.

The Study confirmed that the increased number of restaurants was undermining the planned function of Main Street as a traditional shopping area, and that further controls were required to ensure a vitality of retail uses and continued variety and mix of land uses.

New Official Plan policies were approved for the Unionville Core Area

A new Secondary Plan (Official Plan No. 107) was adopted for the Unionville Core Area on May 27, 2003, and it includes policies related to new restaurants. The policies do permit Council to approve new restaurant use under certain circumstances.

The Secondary Plan for the Unionville Core Area includes the following policies concerning restaurant use:

1. The Secondary Plan indicates that in addition to the uses permitted, restaurant uses may be permitted by Council subject to an amendment to the zoning by-law. When considering such an application, the applicant shall be required 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.

2. The Secondary Plan also articulates what is meant by a “traditional shopping experience”. It shall be the policy of the Town that Main Street Unionville provides a traditional shopping experience in the form of a historic commercial area where the at-grade uses are predominantly retail. Specifically, it is intended that in the Main Street Unionville Traditional Shopping Area (which is identified in the Secondary Plan), in excess of 50 percent of the total at-grade, gross floor area shall be in retail use. Council shall only approve additional restaurant floor space within the Traditional Shopping Area when retail uses represent greater than 50% of the total at-grade, gross floor area.

Zoning By-law was amended in 2003 to reflect the Core Area recommendations

The subject property is zoned Heritage Main Street (HMS). This zone permits speciality retail, personal service shops, arts and crafts workshops, photo studios, bed and breakfast and professional office (but not on the ground floor). A site specific exception allows one restaurant having a maximum gross floor area of 296 m² on this property. Restaurants are not permitted as of right in the Heritage Main Street (HMS) Zone.

Applicant has previously requested additional restaurant space

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.

A review of the Site Plan Control Agreement for the property dated August 1, 1986 indicates approval of a 2-storey 1235.48 m² commercial building. The Planning Report dated February 18, 1986 regarding the site plan approval of this application states that although the Main Street zoning designation at that time did not have a parking requirement, the Town had consistently required property owners in this zone to provide as much on-site parking as possible without disturbing the historic character of the Main Street area. The report also noted that in addition to parking concerns in a previous staff report, concerns and objections expressed by neighbouring residents at both the public meeting and the OMB hearing focused on the parking supply for the proposed development.

The applicant responded to this issue by reducing the proposed size of the restaurant, but a shortfall of 12 spaces still existed (utilizing typical parking standards at the time for restaurant and retail, 67 spaces were required with the applicant providing 55 spaces). The Planning Report indicated that staff, albeit reluctantly, accepted the parking plan as proposed given all the site constraints. Council supported the site plan application with 55 parking spaces. A subsequent letter from the owner of the building on October 14, 1986 confirmed that it would not lease now or in the future any more than 2,500 sq. ft. (232 sq. m) of restaurant related uses due to the parking constraints (See Appendix ‘B’).

The Site Plan Agreement was amended on December 4, 1986 in order to restrict the gross floor area of the one permitted restaurant to a maximum of 232 m² and to stipulate that not less than 50 parking spaces would be provided on lands leased to Unionville Village Investments. The actual gross floor area of the restaurant at the time was 185 m². On March 25, 1987, the Minor Site Plan Control Applications Committee of Council approved an amendment to the existing site plan control agreement to permit an outdoor patio of 42 m².

In 1987, an application to expand the existing restaurant operations to 311 m² (3348 sq. ft.) was abandoned following publication of a negative staff report. The staff 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.

Initial request was to increase restaurant space to 409 m²

The existing restaurant is 203 m² (2182 sq. ft.) in size. The Site Plan Agreement restricts the maximum size to 232 m². When Council amended the Zoning By-law in 2003, it provided for an additional 64 m² of future restaurant space on this property for a total of 296 m² (the owner of the Living Waters Restaurant had originally expressed a need for an additional 93m² or 1000 sq ft of space for restaurant expansion).

The applicant initially requested an additional 113 m² of restaurant space for a total of 409 m². Although the existing site plan agreement and zoning by-law permits only one restaurant on this property, the applicant has indicated that they want the additional restaurant space for anywhere in the building and may include the development of a second restaurant.

Council has not approved any new restaurant floor space in historic Unionville since 2003

Since Council approved a new Unionville Core Area Secondary Plan and amended the zoning by-law in 2003, no additional restaurant floor space has been approved. In June 2005, official plan and zoning by-law amendment applications by the owner of 150 Main Street, Unionville to allow retail on the ground floor with restaurant use on the basement level were not supported by Council.

OPTIONS/ DISCUSSION:

Statutory public meeting was held to solicit input

The statutory public meeting to consider the applications was held on March 7, 2006. Three letters of opposition from residential property owners on Victoria Avenue were received by the Town. The concerns related to noise, additional traffic, pollution and parking problems. Mr. Greg McCormick, representing the Unionville BIA spoke at the public meeting in opposition to the applications and in support of maintaining the current policies. Committee members discussed parking issues, policy continuity and the contribution of restaurants to Main Street’s viability.

Applicant has revised request for restaurant space

After the public meeting, the applicant contacted staff and offered to revise the request for additional restaurant space from 409 sq m to 326.5 sq m which represents 50% of the ground floor of the Planing Mill complex. The applicant also indicated that the zoning by-law could be amended to not permit retail uses on the second floor. The following provides a summary of the existing and additional approved or requested restaurant floor space:

Existing Restaurant Floor Space	203 sq m
Permitted Size of Restaurant in Site Plan Agreement	232 sq m
Additional Floor Space Allowed in 2003 Zoning By-law (64 m^2)	296 sq m
Initial Request by Applicant for Additional Floor Space (113m^2)	409 sq m
Revised Request by Applicant for Additional Floor Space (30.5m^2)	326.5 sq m

Three criteria to be used to evaluate the applications

The applications have been reviewed against the following criteria identified in the Secondary Plan:

- is the total, at-grade, gross floor area of retail uses within the Traditional Shopping Area greater than 50%;

- will the new use negatively affect the predominance of at-grade retail uses along Main Street; and,

- is sufficient parking available.

Total, at-grade retail gross floor area is currently at 50%

In April 2006, staff undertook a review of all the properties within the Traditional Shopping Area of Unionville and found that currently at-grade, gross floor area for retail uses represents 50%. However, if the revised applications for additional restaurant space are supported, the retail percentage decreases to 48.4%. Even if the applicant expanded the restaurant to what is permitted in the zoning by-law (296 sq m), the retail percentage would drop to 48.8%. The following chart illustrates the existing situation and the impact of increasing restaurant space to 409 sq m, 326.5 sq. m and 296 sq m (as permitted in the zoning by-law)

	Retail	Restaurant	Other Uses
Current Condition (restaurant at 203 sq m)	50.0%	27.9%	22.1%
Restaurant at 409 sq m	47.4%	30.5%	22.1%
Restaurant at 326.5 sq m^1	48.4%	29.5%	22.1%
Restaurant at 296 sq m^2	48.8%	29.1%	22.1%

Note 1 – Current Proposal by Applicant

Note 2 – As permitted by zoning by-law

The only opportunity to allow restaurant expansion and maintain the retail percentage at 50% or above in the Traditional Shopping Area would be to convert properties currently in service or other uses to restaurant.

Parking can be accommodated

The Zoning Section has reviewed the revised proposal for 326.5 sq m of restaurant space on the ground floor and reports that the required parking can be accommodated. A total of 54 parking spaces are provided and 52 would be required (subject to the upper level being zoned only for business office uses only). Currently, the upper floor is all in office use.

Impact on the predominance of at-grade retail

As illustrated in the chart above, the approval of the revised proposal for 326.5 sq m would affect the predominance of at-grade retail on the street by decreasing it by approximately 2% of the total floor area. The applicant has offered to maintain 50% of the at-grade floor space at the Planing Mill in retail use (although currently 54 sq m of that at-grade floor space (about 16%) is in a service use as a hair salon and not retail.

Summary and Recommendation

The proposal for additional restaurant space must be considered in the context of the current Official Plan and Zoning criteria for such uses, arising from the 2003 policy study (OPA 107). The requested amendments are viewed as contentious given that Council only recently approved the new Secondary Plan policies and zoning provisions for Main Street, Unionville after extensive study and consultation. In addition, Council already approved an additional 64 m² of restaurant floor space at the request of the owner when the by-law was being amended in 2003.

We acknowledge the applicant’s efforts in revising the proposal to meet parking requirements and to maintain 50% of the ground floor of the Planing Mill in retail use. However, based on the above evaluation, staff cannot support the applications to further increase the restaurant floor space at 139 Main Street, Unionville. Approval would be contrary to the policies of the Unionville Secondary Plan related to maintaining at least 50% of the at-grade, gross floor area in the traditional shopping area in retail use.

In order to support increased restaurant use, Council must be satisfied that the new use will not negatively affect the predominance of at-grade retail along the Main Street. The replacement of retail space on the ground floor with restaurant uses will result in a decrease to the percentage of retail space on Main Street.

If Council wishes to support the applicant’s revised proposal of permitting a total of 326.5 sq m of restaurant space, it should be conditional upon the applicant maintaining 50% retail uses at-grade at 139 Main Street, and only permitting professional office uses on the second floor of the Planing Mill.

FINANCIAL TEMPLATE (Separate Attachment):

Not applicable

ENVIRONMENTAL CONSIDERATIONS:

Not applicable

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21^ST CONSIDERATIONS:

Not applicable

BUSINESS UNITS CONSULTED AND AFFECTED:

The applications for Official Plan and Zoning By-law amendments have been circulated to internal departments and external agencies. As the property is located within the boundaries of the Unionville Heritage Conservation District, Heritage Markham was also circulated the applications. Heritage Markham indicated no comment.

The applications have been circulated to the Region of York and Regional staff, at this time, has no objections. However, although it is considered to be minor and of local significance, the OPA application is not eligible for exemption from regional approval due to its inclusion in the Regional Greenlands System, consistent with Section 7.2.7 of the Regional Official Plan.

RECOMMENDED BY:

______________________________ ___________________________

Valerie Shuttleworth, R.P.P., M.C.I.P. Jim Baird, , R.P.P., M.C.I.P.,

Director, Planning and Urban Design Commissioner, Development Services

ATTACHMENTS:

Figure 1 Applicant

Figure 2 Area Context/ Zoning

Figure 3 Site Plan

Appendix A At-grade, gross floor area Charts for Traditional Shopping Area

Appendix B Letter from Applicant (October 14, 1986)

Q:\Development\Heritage\PROPERTY\MAINSTU\139\Final Report DSC May 16 2006.doc

FIGURE 1

File: Q:\Development\Heritage\PROPERTY\MAINSTU\139\Final Report DSC May 16 2006.doc

Applicant: Unionville Village Investments Inc.

Mr. Domenic DiBernardo

139 Main Street, Unionville

L3R 2G6

(905) 475-6616 (T)

(905) 475-1969 (Fax)

Agent: David Johnston Architect Ltd.

Mr. David Johnston

8 Maple Lane, Unionville

L3R 1R2

(905) 479-9992 (T)

(905) 479-9985 (Fax)

Location Map: