Report to: Development Service Committee Report Date: March 18, 2008

SUBJECT: PRELIMINARY REPORT

1456924 Ontario Inc.

Official Plan and Zoning By-law Amendment Applications to facilitate the use of part of the ground floor for professional office space

161 Main Street, Unionville

File No: OP 08 106544, ZA 08 106545

PREPARED BY: Regan Hutcheson, Manager, Heritage Planning

RECOMMENDATION:

That the report dated March 18, 2008 entitled “Preliminary Report, 1456924 Ontario Inc., Official Plan and Zoning By-law Amendment Applications to facilitate the use of part of the ground floor for professional office space, 161 Main Street, Unionville, OP 08 106544, ZA 08 106545” be received;

That Staff be authorized to schedule a Public Meeting to consider the Official Plan and Zoning By-law Amendment applications;

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

EXECUTIVE SUMMARY:

Not applicable

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)

The purpose of this report is to provide preliminary information regarding Official Plan and Zoning By-law amendment applications submitted for a property located at 161 Main Street, Unionville, and to obtain authorization for staff to schedule a public meeting to consider the applications.

BACKGROUND:

The property is a significant property in the Unionville Heritage District

The subject property is located at 161 Main Street, Unionville and is located within the Unionville Heritage Conservation District. The property is part of the historic Unionville commercial core area north of the railway tracks. The property contains a heritage building with a substantial rear addition and is used for retail and office uses. Surrounding properties are also in commercial use (Figure 3).

In March 2001, the applicant commenced construction of an addition to the existing building. The plans for the new addition indicated two commercial units on the main floor and office space on the second floor and on the basement level. On January 31, 2002 the Town issued its Certificate of Completion confirming that the building was completed in accordance with, and met the occupancy provisions of the Building Code Act.

In 2002, the applicant was the recipient of a Heritage Markham Award of Excellence in recognition of the restoration work and the complementary addition to a heritage commercial building.

Proposal is to permit some professional office space on the ground floor

The use of part of the ground floor for office uses has resulted in the Town’s By-law Enforcement Section taking action. In response, the applicant filed applications to amend the Official Plan and the Zoning By-law to allow the use of the rear area of the ground floor of the building as professional and business office space.

At present, the owner of the property leases the front, storefront area of the building to a retail tenant. This area comprises approximately 72 m². The retail tenant has exclusive use of the front door that allows direct access to and from Main Street. The signage on the front of the building is exclusive to the retail tenant.

The rear of the ground floor is being used by the applicant as office space for a real estate firm which also occupies the office space in the basement level and on the second floor. The ground floor office space comprises approximately 49 m² with an additional 126 m² of combined office/retail circulation space (Figures 4 and 5). The space in the rear area of the building is accessible by a side door entrance on the south elevation which the applicant indicates has proven to be less popular and desirable to potential retail tenants.

The applicant also wishes to use the circulation area around the offices on the ground floor (located behind the retail component) to promote and display local artists’ paintings by providing “rent free” gallery space. The applicant has been in discussions with the Varley Art Gallery concerning this endeavour. (see Appendix ‘A’) The circulation area around the offices would be required to be considered as professional office space as it provides access to the offices.

Unionville Core Area Secondary Plan does not allow office use on the ground floor

The subject property is designated as Heritage Main Street commercial area in the Unionville Core Area Secondary Plan (Official Plan Amendment 107). To ensure the continued commercial viability of the commercial core area, the general policies of the Secondary Plan state:

It shall be the policy of the Town of Markham that Main Street Unionville provide a traditional shopping experience in the form of a historic commercial area where the at-grade uses are predominantly retail.
To maintain animation and pedestrian activity and interest at street level, it shall be the policy of the Town to prohibit business and professional offices on the ground floor of commercial properties facing Main Street Unionville.

The use of the rear portion of the ground floor of the subject property for office use is in contravention of the Secondary Plan policies. A draft OPA prepared by the applicant is attached as Appendix B.

Zoning By-law does not allow office use on the ground floor

The property is zoned as Heritage Main Street (MHS) in By-law 122-72, as amended. Business and professional offices are identified as permitted uses, provided they are not located on the ground floor of buildings. In addition, business and professional offices on the ground floor of buildings are specifically listed as prohibited uses.

The use of the rear portion of the ground floor at the subject property for office use is in contravention of the Zoning By-law.

OPTIONS/ DISCUSSION:

Ground floor office use was recently examined

During the Main Street Unionville Land Use and Parking Study, completed in 2002, the issue of ground floor office use was examined. A summary of the community stakeholder input provided during the study indicated that “ground floor offices are not an issue provided they are located and accessed at the rear of the building”. However, the study did not recommend any changes to address office uses on the ground floor as the existing policy framework appeared to be providing adequate support and protection of the retail sector. Each request for ground floor office use would have to be addressed by official plan and zoning by-law amendment on a case-by-case basis.

John Winter also commented on ground floor office space during the study

As part of the Land Use and Parking Study consulting team, the Town retained the services of John Winter Associates Limited to undertake a market analysis and provide input on specific commercial issues. On the issue of ground floor offices, Mr. Winter made the following comments:

As Unionville Main Street is a limited stretch of pedestrian sidewalk, and as the expansion of this central area is highly constrained, the street facades are very valuable, particularly for retail (which needs exposure to clientele), and particularly for the consumers (who are mostly there to browse, and who like to see shop windows, especially those that change from time to time).
An office facility accessed from the rear, or located in the rear of any building, does not offend the retail streetscape (it is difficult to entice consumers to the back of a building).

No external changes are proposed

There are no external changes to the building size or to the property contemplated.

Public Meeting

It is recommended that authorization be given for staff to schedule a public meeting to consider the applications.

FINANCIAL TEMPLATE (external link):

Not applicable.

ENGAGE 21^ST CONSIDERATIONS:

The preservation and re-use of heritage buildings helps achieve a Quality Community.

BUSINESS UNITS CONSULTED AND AFFECTED:

The applications have been circulated to internal departments and external agencies. No issues or concerns have been raised.

RECOMMENDED BY:

______________________________ ___________________________

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

Director, Planning & Urban Design Commissioner, Development

ATTACHMENTS:

Figure 1 Contact Information

Figure 2 Area Context/Zoning

Figure 3 Air Photo 2007

Figure 4 Site Plan

Figure 5 Ground Floor Plan

Figure 6 Photographs

Appendix A Letter from Varley Art Gallery

Appendix B Draft OPA