Report to: Development Services Committee                           Report Date:  October 21, 2008

 

 

SUBJECT:                          Preliminary Report

                                            Neamsby Investment Group Inc.

                                            Official Plan and Zoning By-law Amendment to permit retail and restaurant uses.

                                            1181-1271 Denison Street

                                            OP 08 120986, ZA 08 120996

PREPARED BY:               Anna Henriques, Planner II

 

RECOMMENDATION:

That the staff report entitled: “Preliminary Report: Neamsby Investment Group Inc. Application for Official Plan and Zoning By-law Amendment to permit retail and restaurant uses at 1181-1271 Denison Street” (OP 08 120986, ZA 08 120996) be received;

 

That a Public Meeting be held to consider the Official Plan and Zoning By-law amendment applications (OP 08 120986, ZA 08 120996) submitted by Neamsby Investment Group Inc.;

 

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)

 

PURPOSE:

The purpose of this report is to provide preliminary information regarding an application submitted by Neamsby Investment Group Inc. for Official Plan and Zoning By-law amendments to permit retail and restaurant uses at 1181-1271 Denison Street and to recommend that a statutory Public Meeting be held to consider the proposed applications.

 

BACKGROUND:

Complete Application  

The Official Plan amendment application submitted by Neamsby Investment Group Inc. was deemed complete on July 24, 2008 and the Zoning By-law amendment application was deemed complete on August 25, 2008.

 

Property and Area Context

The subject property is located at the southwest corner of Denison Street and Birchmount Road (Figure 1).  The property encompasses an area of approximately 4.4 hectares (10.9 acres) and contains 4 one-storey, multi-unit industrial buildings (built in 1983) with a Total Gross Floor Area (GFA) of approximately 14,738 square metres (158,639 square feet).   An application for draft plan of condominium was submitted by the Owner in 2006, and is on hold pending the review of the Official Plan and Zoning By-law amendment applications.  The existing units in the buildings on site are currently leased out by the Owner.

 

Surrounding land uses include industrial uses to the north (across Denison Street) industrial uses and residential to the east (across Birchmount Road) and a residential neighbourhood to the south and west (with the exception of 2 industrial buildings immediately west of the subject property).  It is also noted that a Town Fire Station is located at the south east corner of the property, fronting onto Birchmount Road (Figure 3). 


 

Proposal

The applications for Official Plan and Zoning By-law amendment have been submitted in order to facilitate the operation of retail stores and restaurants in selected units within the 4 existing industrial buildings on site.  Specifically, the Owner is requesting permission for a maximum net floor area of 1,697 square metres (18,267 square feet) for retail uses and a maximum net floor area of 1,401 square metres (15,080 square feet) for restaurant uses.  This represents approximately 22% of the total Net Floor Area proposed to be devoted to retail and restaurant uses.  The Owner is proposing to further regulate the uses by locating the proposed retail and restaurant uses only in units along Denison Street, away from the residential area to the south.

 

Changes to the existing driveway area and grading are not proposed, however, the Owner is proposing revisions to the layout of the parking area to accommodate additional parking required for the proposed uses.  There are currently 363 parking spaces provided on site whereas 444 parking spaces are proposed with the reconfiguration of the parking lot.  As discussed further in this report, relief to the parking by-law requirements is required. 

 

Changes to the exterior of the building and façade are not proposed.  A site plan application will be required to deal with issues and concerns, as identified in this report.

 

OPTIONS/ DISCUSSION:

Official Plan

The subject property is designated “Industrial – Business Park Area” in the Official Plan.  The planned function of the Business Park Area is characterized by office/industrial business parks displaying high design standards.  The visual attractiveness of such areas is of prime importance.  This designation contemplates uses such as offices, light industrial, research and training facilities, etc.  Retail, service uses and restaurants are strictly controlled.  Ancillary retail and service uses and restaurants are only permitted where internally integrated as a component of an office building and/or hotel and clearly intended for the convenience use of local businesses, employees and/or hotel patrons.  An Official Plan amendment is required to permit the proposed retail and restaurant uses as stand alone uses.

 

 

 

 

Official Plan Amendment

The proposed Official Plan amendment will introduce uses (stand alone retail and restaurant uses) that are not contemplated under the “Business Park Area” designation.  This Official Plan amendment will be reviewed for compatibility with the “Business Park Area” policies relating to the planned function, uses and development requirements, as well as provincial policies.

 

Zoning

The subject property is zoned MC (40%) [Select Industrial and Limited Commercial] pursuant to By-law 108-81, as amended.  An amending area specific By-law (By-law 315-83) limits the permitted uses to industrial uses (warehousing and manufacturing of goods, etc) and professional and business offices, banks and financial institutions only.  Retail and restaurant uses are not permitted at the subject property and therefore a Zoning By-law amendment is required.

 

Parking shortfall

The proposed retail and restaurant uses will generate the need for 213 parking spaces (retail – 57, restaurant – 156) and will increase total on site parking requirement to 499 spaces.  The existing parking layout contains approximately 363 parking spaces.  The Owner is proposing to reconfigure the parking area at the rear of the property, in the vicinity of the loading areas (no changes to the paved area or grade proposed) in order to accommodate an additional 81 parking spaces, for a proposed new total of approximately 444 parking spaces (Figure 4).  This represents a parking shortfall of approximately 55 parking spaces.  A parking assessment study to justify the parking shortfall has been submitted by the Owner and is under review by staff.  The location of parking spaces will be reviewed through the site plan approval process.

 

Traffic Impact Study required

A preliminary review of the parking assessment study by the Town’s Transportation staff has revealed that the total number of peak hourly trips will increase with the commercial and restaurant uses proposed.  A full scale traffic impact study has been requested for review by staff.

 

Engineering staff also note that the site has 5 access driveways onto Denison Street and have requested that the traffic impact study re-evaluate access arrangements.  This matter will be addressed further with the review of the traffic study and site plan application.

 

Potential impact on neighbouring residential community

The proposed reconfiguration and addition of parking at the rear of the building (adjacent to the residential area) may have an impact on the abutting residential properties to the south.  There is a landscape strip of approximately 3 metres and a wood privacy fence along the rear lot line.  Through the site plan process, staff will review the proposed locations for additional parking and may recommend additional landscaping to mitigate any potential impacts on the adjacent residential area.

 

 

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 be addressed in a final staff report to be presented to Committee at a later date.

 

 

It would be appropriate to hold a Public Meeting to obtain further comments on this application.

 

FINANCIAL TEMPLATE (external link):

There are no financial implications for the Town in this report.

 

ENVIRONMENTAL CONSIDERATIONS:

None at this time.

 

ACCESSIBILITY CONSIDERATIONS:

None at this time.

 

ENGAGE 21ST CONSIDERATIONS:

The proposal aligns with the following key Town of Markham Corporate Goals: Managed Growth, Quality Community and Infrastructure Management.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The application has been circulated to internal departments and external agencies for comment. 

 

 

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 Services

 

 

 

ATTACHMENTS:

 

Figure 1: Location Map

Figure 2: Zoning and Area Context

Figure 3: Air Photo

Figure 4: Proposed Site Plan

 

 

Applicant –  Opus Management Inc.

                     Paul Stagl

                     62 Fairholme Avenue, Toronto

                     Tel: 416-784-2952

                     Fax: 416-785-9698

 

File path: Amanda\File 08 120996\Documents\Recommendation Report