Report to: Development Services Committee February 19, 2008

SUBJECT: RECOMMENDATION REPORT Applications for Site Plan Approval to permit the construction of three new commercial buildings and the demolition of existing office buildings

SC 06 134364

Main & Markham Investments Ltd.

5954- 5956 Hwy. 7 E.

Markham Village Heritage Conservation District

PREPARED BY: Peter Wokral, Heritage Planner

RECOMMENDATION:

THAT the Site Plan Control application (SC 06 134364) submitted by Main & Markham Investments be endorsed in principal subject to the general and specific conditions outlined in Appendix ‘A’

AND THAT demolition of the existing office buildings located at 5954-5956 Highway 7 E. be approved;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

Main & Markham Investments Ltd. has submitted a Site Plan application to allow the redevelopment of the property located at 5954-5956 Highway 7 East. The owner proposes to demolish the existing 2 storey commercial (office) structure and its one storey adjunct and construct three new detached commercial buildings. The existing building was constructed in the late 1970’s and is not compatible with the heritage character of the district. One of the buildings will be addressed as 5954 Highway 7 E., another as 5956 Highway 7 E. and another as 8 Markham Main St. N. (behind the existing heritage house).

Staff support the proposed scale, form, and massing of the redevelopment of the subject property (See Figures 5-8, 10) and have no objection to the demolition of the existing office building. There are a few minor architectural details related to the proposed new buildings that need to be finalized between Heritage Section staff and the applicant and it is recommended that final approval of these details be delegated to Heritage Section Staff.

As part of the application process, the Region of York required the property owner to dedicate all lands within 21.5 m of the centerline of Highway 7 E. to the Region for future transit purposes. The new property line created by this dedication of land will cause the proposed site plan to not be in compliance with the front yard setback required by the applicable zoning By-law and will reduce the number of parking spaces triggering an additional variance for less parking spaces than the By-law requires. The applicant has recently brought the property into compliance with the By-law by means of a Minor Variance application and should not have to reapply for a Minor Variance application now that the Region has decide to take additional lands from the subject property. The Town’s Zoning department concurs with this view and will consider the subject property to be legal non-conforming once the additional lands have been dedicated to the Region of York.

FINANCIAL CONSIDERATIONS:

None at this time

The subject property is located within the Markham Village Heritage Conservation District and designated under Part V of the Ontario Heritage Act.

The owner of the subject lands also owns the adjacent properties 4, 8, and 14-16 Markham Main St. North, but not 12 Main St. N. All these properties are designated under Part V of the Ontario Heritage Act. Vehicular access to the site is gained from Hwy 7 and by a lane that runs between 14-16 Markham Main St. N. and 12 Markham Main St. N. (Figure 1).

The majority of the property is zoned C3 (Service Commercial), but the north end of the property is zoned C2 (Central Commercial). All of the property is designated Commercial (Heritage Main Street Area) under the Town’s Official Plan. (Figure 2)

The applicant is proposing the complete redevelopment of the site in separate phases

The applicant is proposing to redevelop the site by demolishing the existing two storey office building and it’s one storey adjunct and constructing a new one storey building which will be addressed as 5954 Hwy. 7 E. Construction of the other one storey buildings, 5956 Hwy 7 E. and the building at the rear of 8 Markham Main St. N. are to commence following the completion of 5954 Hwy 7. E.

The proposal is consistent with the Official Plan and applicable Zoning By-laws

The proposed redevelopment of the subject property is compatible with the goals and policies of the Heritage Main Street Commercial area outlined in the Official Plan. The three proposed buildings are intended for commercial uses as permitted by the existing zoning. The applicant has applied to the Committee of Adjustment and received approval of minor variances related to existing front yard setbacks of two heritage buildings fronting Main St., and interior side yard setback and a reduced number of parking spaces.

Heritage Markham supports the proposed redevelopment of the site and the demolition of the existing 2 storey office building.

On December 13, 2006, Heritage Markham reviewed the proposed redevelopment of the site which included the demolition of the existing 2 storey office building and its one storey adjunct. Heritage Markham had no objection to the demolition of the existing office building, as it is a modern building faced with dark brown brick, considered to be incompatible with the Heritage Conservation District.(Figure 9) Heritage Markham had no objection to the proposed massing and forms of the new buildings and delegated approval of the specific architectural details, and the restoration plan for 8 Markham Main St. N. to Heritage Section Staff. (See Appendix ‘B’)

The applicant has addressed the concerns of the commenting departments of the Town

The proposed site plan has been circulated to Town departments and agencies and all concerns or issues have been addressed or will be incorporated into the Site Plan Agreement.

Staff supports the proposed new buildings and restoration plan for 8 Markham Main St. N.

Heritage Section Staff has worked with the applicant’s architect to ensure the sensitive restoration of the exterior of 8 Main St. N. and the creation of 3 single storey commercial buildings that are complementary to the surrounding heritage context in terms of scale, built form, materials, signage, windows, etc. (Figures 5-8, 10) There are still a few architectural details that need to be finalized, but Staff is confident that these outstanding issues can be addressed. Although the proposed new buildings only have a single storey, their massing is the same as a traditional one and a half storey building. Second storey windows are designed to provide additional light to the ground floor below. (Figure 7)

The Region of York has required the dedication of additional land along the Highway 7 E. Frontage

As a condition of site plan approval, the Region of York has negotiated the dedication of all lands that fall within 21.5 m of the centerline of Highway 7 E., to the Region for future transit use. This will create a new southern property line for the subject property which will result in the property not being in compliance with the required front yard setback and location of parking spaces contained in the existing By-law. The applicant has already obtained a Minor Variance approval from the Committee of Adjustment on August 26, 2006, and the subject property was in compliance with applicable zoning By-laws prior to the Region of York requesting the dedication of additional lands. The Town’s Zoning department will not require the applicant to file another Minor Variance application after the lands have been dedicated to the Region of York as the redevelopment proposal was in compliance with the existing By-law after receiving approval of their initial Minor Variance application. The Town’s Zoning department will treat the subject lands as legal non-conforming, once portions of the lands along Highway 7 E. have been dedicated to the Region.

The applicant would like to proceed with the demolition of the existing office buildings

Under the provisions of the Ontario Heritage Act, the demolition of any designated building must receive approval from the municipality. There is no objection to the demolition of the existing structures from Heritage Staff or Heritage Markham.

Council should endorse the redevelopment of 5954-5956 Hwy. 7 E. in principle.

Its is recommended that the three new 1 storey buildings proposed by the applicant be approved in principle, on the condition that final architectural details of the new buildings and the restoration of No. 8 Markham Main St. N. be finalized by Heritage Section Staff, to the satisfaction of the Director of Planning & Urban Design, who will issue Site Plan Approval.

Traffic Impact Study is not necessary and Parking Requirements have been reduced.

A Traffic Impact Study was not required as the square footage of the proposed new buildings is less than the square footage of the existing building and therefore should have no major impacts on the volume of traffic expected to use the site.

The applicant has obtained a Minor Variance to permit 56 parking spaces where the By-law required 69 parking spaces. Staff supported this variance because there are numerous parking opportunities and public parking spots in the vicinity of Main St. The key objective of Staff was to maintain the distinct character of the Main St. shopping district where the typical user is likely to park in one area and visit several shops during a single visit. The presence of a major transit route and significant residential areas within walking distance of the subject property also helped support the proposed reduction in parking spaces.

ACCESSIBILITY CONSIDERATIONS:

The three new buildings proposed by the applicant have been designed to meet the requirements of barrier free design.

ENGAGE 21^ST CONSIDERATIONS:

Supporting sensitive compatible new construction within the Town’s heritage conservation districts helps build character communities.

RECOMMENDED BY:

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

Figure 1: Applicant/Agent and Location Map

Figure 2: Area Context/ Zoning

Figure 3: Air Photo

Figure 4: Site Plan

Figure 5: Elevations 5954 Highway 7

Figure 6: Elevations 8 Markham Main St. N.

Figure 7: Streetscapes Highway 7 E. and Markham Main St. N.

Figure 8: Elevation 5956 Highway 7

Figure 9: Existing 2 Storey Office Building (To Be Demolished)

Figure 10: Perspective views of 5954 Hwy 7 E.

Appendix ‘A’: Site Plan Conditions

Appendix ‘B’ Heritage Markham Extract December 13, 2006