Report to: Development Services Committee Report Date: October 6, 2009

SUBJECT: Recommendation Report

Town initiated Official Plan Amendment to the Hamlet of Victoria Square Planning District

PREPARED BY: Geoff Day, Planner - West Development Team

FILE #’S: PR 07 127443 & OP 09 113402

RECOMMENDATION:

That the staff report entitled “Recommendation Report - Town initiated Official Plan Amendment to the Hamlet of Victoria Square Planning District”, dated October 6 2009, be received;

That the record of the Public Meeting held on June 16, 2009, be received;

And that the Official Plan Amendment (attached as Appendix ‘A’) which sets out new policies in the Victoria Square Planning District which will restrict the types of non residential uses provided for, control their location, and require all new development or redevelopment to apply compatible historical architectural styles through specific Urban Design Guidelines be finalized and adopted;

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

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

5. Others (HR, Strategic, Affected Units) 6. Attachment(s)

PURPOSE:

The purpose of this report is to recommend to the Development Service Committee that the Official Plan Amendment (attached as Appendix ‘A’) be finalized and adopted.

EXECUTIVE SUMMARY:

Located in north-western Markham, Victoria Square is the largest of the remaining 5 Hamlets within the town, encompassing over 75 acres and nearly 100 properties.

In recent years several inquires have been made at the Town about redeveloping lands within the Hamlet of Victoria Square for various types of commercial uses.

The present Hamlet policies provide for low density residential, small scale commercial and daycare centres.  These policies are identified in general terms which provide very little restriction on the location and the types of uses permitted. In essence, the present Hamlet policies provide for a wide range of commercial uses anywhere within a Hamlet. The majority of the properties in the community are zoned Rural Residential by By-law 83-73, as amended.

In May of 2008 Staff were authorized by Council to begin a Land Use Review to assess and evaluate the Official Plan and Zoning policies applicable to the Hamlet to ascertain if planning policy and regulation changes would be required to protect and preserve the integrity of the Hamlet. Two community meetings were held; one in November of 2008 and the second in April of this year.

At both meetings, concerns were raised by some of the residents in attendance that any non residential opportunities would negatively affect the exclusively residential character of the Hamlet.

However, other attendees noted that the proposed policy revisions would provide for enhanced protection of residential areas in the Hamlet while allowing for some redevelopment at the Elgin Mills and Woodbine Avenue intersection.

A public meeting was held on June 16, 2009. Two residents addressed the Committee; one spoke in general support, but objected to the proposed restriction on restaurant uses; and the other spoke in opposition stating that the permission for any commercial uses would increase traffic; result in the loss of green space due to increased parking demand; and result in an increase in light pollution and noise pollution from commercial activity.

Staff have completed the Land Use Review and are proposing several changes to the Victoria Square Planning District in the Official Plan:

• The first is that the locations of commercial uses be restricted to properties fronting onto either Elgin Mills Road or Woodbine Avenue. This proposal restricts the location of non-residential development opportunities.

• The second is that the list of commercial uses be restricted. This proposal restricts the type of uses that are provided for and would assist in protecting the Hamlet from potentially incompatible uses which could create noise, traffic, and compatibility conflicts within the community.

• The third is that a specific set of Urban Design Guidelines for all redevelopment proposals within the entire Hamlet be established. This proposal assists in preserving the historic building stock by preserving and integrating them into new development or uses, requires compatible historical architectural styles for all new redevelopment and protects the heavily vegetated areas of the Hamlet by ensuring that natural landforms, drainage and existing mature vegetation are preserved and protected.

Staff are not proposing to amend the existing zoning by-law through this Land Use Review as there are presently no properties in the Hamlet which are zoned to permit non residential uses as of right. Staff are of the opinion that the changes proposed to the Official Plan as it relates to Victoria Square provide for appropriate institutional and commercial uses while avoiding those uses that may become incompatible with adjacent residential uses. In addition, establishing new Official Plan policies that restrict the uses, control their location, and address their form through specific design criteria, will effectively assist in preserving the historic integrity of the Hamlet of Victoria Square.

Staff recommend that the Official Plan Amendment attached hereto as Appendix ‘A’ for Planning District No.14 - Victoria Square Planning District (Hamlet) be finalized and adopted.

BACKGROUND:

Redevelopment pressures

Over the past several years, inquiries have been made at the Town and through the local Ward Councilor’s office regarding the potential for commercial uses within the Hamlet. In May of 2008, Council authorized Staff to undertake a Land Use Review for Victoria Square, and to schedule community information meetings to review Official Plan policies applicable to the Hamlet. The purpose was to ascertain if planning policy and regulation changes should be considered to protect and preserve the integrity of Victoria Square.

Current Official Plan and Zoning policies:

Victoria Square is designated “Hamlet” by the Markham Official Plan.  Hamlet policies provide for low density residential, small scale commercial (intended to serve the needs of local residents of a Hamlet) and daycare centres in accordance with the daycare policies of the Official Plan which address issues such as lot size, location and compatibility with surrounding uses.  Large scale commercial uses which do not primarily serve a Hamlet and its surrounding rural area are discouraged.

These Hamlet policies provide for these uses in general terms but do not provide more specific details on types of uses or appropriate locations within a Hamlet. Based on the way the Official Plan Policies are worded now, a wide range of commercial uses are provided for anywhere within a Hamlet.

The majority of the properties in the community are zoned Rural Residential by By-law 83-73, as amended. The rural residential zone only permits single detached dwellings and home occupations.  Commercial uses including daycare centres are not permitted. Staff are not proposing to amend the existing zoning by-law through this planning process as there are presently no properties in the Hamlet where non- residential uses are permitted as of right. Any future proposal for non-residential uses would require a Zoning By-law Amendment through a full statutory public process.

Community Meetings held in November 2008 and April 2009

On November 13, 2008 and April 20, 2009, public information meetings were held in Victoria Square to initially inform and ultimately update the residents regarding the redevelopment inquiries in their community which resulted in Staff’s proposal to amend the Official Plan.

At both meetings questions and concerns arose regarding potential use changes and their potential effect on the exclusively residential character of the Hamlet. The main concerns are categorized as follows:

· Increased traffic

· Noise concerns

· Insufficient parking

· Negative impacts on the residential character of the Hamlet

· Potential public safety concerns (i.e. crime, traffic etc..) resulting from increased non-residential development

However, there was interest in providing for limited commercial uses under specific conditions as follows:

· Restricting non residential uses to Elgin Mills Road and Woodbine Avenue only

· Uses should be small in scale

· Uses should be sympathetic and compatible with the residential character requiring little demand for parking

In addition, it was noted that potential redevelopment could result in renovations, beautification and upgrading of historic building stock in the community.

A questionnaire was circulated to the residents at the November 2008 meeting in order to determine their perception of the advantages/disadvantages of introducing non-residential development into the Hamlet. The questions were as follows:

1. Given the ongoing urban development surrounding you, where do you envision the Hamlet within the next 10-15 years?

2. As presently provided for in the Official Plan - Are there realistic opportunities for some forms of non-residential uses in the Hamlet?

3. Would you support any new non-residential uses in Victoria Square? If so, what may they be?

4. What are the advantages of allowing non-residential development? What are the concerns?

5. If non-residential uses were to be permitted, where should they be located?

6. What would be an appropriate scale and height for new development?

Fifteen residents responded to the questionnaire. Eight respondents were clearly opposed to any form of non-residential opportunities citing increased traffic, noise, and compatibility issues as the main concerns. Seven respondents were of the opinion that provided the redevelopment was appropriate in scale, compatible in use and restricted only to lots fronting onto Elgin Mills Road and Woodbine Avenue, there were opportunities for limited commercial uses within the Hamlet.

Public Meeting held June 16, 2009

A public meeting was held on June 16, 2009 to consider the findings of the Town initiated Land Use Review for the Hamlet of Victoria Square and to obtain input from the public.

Two residents addressed the Committee;

· one landowner spoke in general support, but objected to the proposed restriction on restaurant uses; and,

· the other spoke in opposition stating that the permission for any commercial uses would increase traffic; result in the loss of green space due to increased parking demand; and result in an increase in light pollution and noise pollution from commercial activity.

Staff are of the opinion that when in proximity to residential uses, restaurant type uses have the tendency to be incompatible with residential uses. Restaurants often operate late into the evenings, create noise from their operations and activities of patrons, generate a high volume of traffic and require substantial land area for parking lots which may be illuminated late into the evenings.

However, prohibiting all forms of non-residential uses within the Hamlet is not in keeping with the original function of Victoria Square: a mixed use, crossroads community where residential and commercial uses coexisted within a predominately rural residential environment. Restricting the location, types of non-residential uses and establishing specific Urban Design Guidelines for all development proposals within the Hamlet will assist in preserving the integrity of the Hamlet.

DISCUSSION:

Proposed Official Plan policies for Victoria Square

Staff’s review has concluded that several of the Hamlet policies in the Official Plan do not reflect the unique geographic conditions and development trends facing the Victoria Square community. Proposed revisions are outlined below.

1) Sections 3.8.1a) of the Official Plan references potential permitted non residential uses as follows:

“…small scale institutional and commercial uses designed to serve the hamlet and surrounding rural area...”

As Victoria Square is essentially surrounded by the Town’s urban expansion area, this statement is no longer accurate and is proposed to be amended.

2) Section 3.8.1 f) states:

”large scale commercial uses which do not primarily serve the hamlet and its surrounding rural area shall be discouraged...”

Staff are of the opinion that this provision does not protect the Hamlet and its existing lotting pattern sufficiently from “large format” commercial uses. The proposed OPA has been reworded to prohibit large scale commercial uses in Victoria Square.

3) The proposed OPA provides more specific policies on where non residential uses may be appropriate (subject to a specific development proposal and rezoning), in order to protect the Hamlet from potentially incompatible uses which could create noise, traffic, and compatibility conflicts within the community. In order to protect the majority of the residential areas within the northeast and southeast portions of the Hamlet, non-residential opportunities are proposed to be limited to areas identified in appendix ‘A’ which front onto Elgin Mills Road and Woodbine Avenue. The rationale behind restricting non-residential opportunities to this area is as follows:

· No direct vehicular access from proposed area to internal residential streets (Thomas Read Road and Boyd Court) thereby reducing traffic, parking and noise conflicts;

· Many properties on the west side of Woodbine Avenue back onto either institutional, legal non-conforming or presently undeveloped land. This reduces any potential conflicts between non-residential uses and the existing residential community.

· Many of the properties identified in this area once contained non-residential uses such as:

Ø The John Rowbotham House at 2972 Elgin Mills Road. Mr. Rowbotham was a local carriage maker

Ø The William Frisby House at 2992 Elgin Mills Road. Mr. Frisby was a local blacksmith

Ø Joseph Hall’s General Store located at the northwest corner or Elgin Mills Road and Woodbine Avenue (now vacant land).

Ø The Meek’s Hotel and Victoria Square Garage at 3026 Elgin Mills Road. The garage contained 2 gas pumps.

Ø The Ottaway property located at 10748 Woodbine Avenue was once owned by Thomas Farmer who operated a Cobbler Shop circa 1853. It was then converted to a General Store in 1860 and operated by James Stoutenburgh.

Ø A Garage and General Store with gas pump once existed at 10679 & 10697 Woodbine Avenue, owned by the Pickering family (now vacant land).

Ø Hagerman’s General Store once existed at 10729 Woodbine Avenue.

4a) Not all forms of non-residential development within the Hamlet are negative or undesirable. In fact, if of an appropriate and sympathetic scale and use, some forms of redevelopment may be beneficial and compliment the Hamlet and its original function as a “gathering place”. As noted above, Victoria Square was once a community comprised of a mix of commercial, institutional and residential type uses. Staff propose the following as potentially appropriate permitted uses:

· Single Detached Dwellings · Places of Worship · Offices · Clinics · Daycare Centres · Bed & Breakfast Establishments

· Bake Shops not exceeding 300 m^2 · Personal Service Shops · Retail uses not exceeding 300 m^2 · Art galleries · Institutional uses

The rationale behind the uses identified above is as follows:

· Historically, hours of operation for the majority of uses are 9 a.m. to 5 p.m. Monday to Friday;

· Requires less of a demand for parking (generally 1 space per 30 m² or 323 ft²) than the proposed prohibited uses noted below thereby potentially reducing traffic and pollution concerns;

· Uses not conducive to the creation of excessive noise;

· Provides convenient small scale commercial uses; a “main street” mixed use environment providing various amenities to local residents without the need for vehicular travel (pedestrian friendly);

· Convenient “local” commercial uses designed for the residents of the Hamlet and surrounding community and not necessarily a “high order” destination hub to serve the Town and the Region; and,

· May provide opportunities to revitalize properties fronting onto busy roads

Of all the uses provided for above, larger Bake Shops and Retail Stores may have a greater demand for parking than the other uses provided for on the list. As the size of the use increases, so does the need for parking. This results in additional pollution and noise levels that could become a “nuisance” to the residents. Therefore capping both the Bake Shops and Retail Stores at 300 m² (3200 ft²) is appropriate.

4b) Due to the predominantly residential character of Victoria Square, Staff are not attempting to permit all of the uses provided for in other established “mixed use” historic communities in Markham. Although Victoria Square was once a truly mixed use community, it has stood virtually unchanged and predominantly residential for over ½ a century. Staff are cognizant of this and are therefore of the opinion that the following use are inappropriate within Victoria Square:

· Commercial uses involving accessory outdoor storage · Automobile service stations · Car washes · Automobile repair uses · Autobody paint and repair · Commercial ”self storage” warehouses

Restaurants Night clubs Banquet halls Entertainment uses Shopping Centres Large Scale Commercial Uses Other uses not consistent with the planned function and policies of the category of designation

The rationale behind the prohibition of above noted uses is as follows:

· By their nature, the majority of the uses identified have the propensity to create excessive noise and/or traffic

· Hours of operation which would be incompatible with residential uses

· Greater demand for parking

· Are generally “automobile based” and therefore not pedestrian friendly

The uses provided for in the remainder of the Hamlet would be limited to only single detached residential uses with associated home occupations and existing places of worship/cemeteries.

Staff are of the opinion that the above lists of permitted and prohibited uses provide for appropriate institutional and commercial uses while avoiding those uses that may become incompatible with adjacent residential uses.

5) The community of Victoria Square benefits from a substantial amount of mature urban vegetation as well as a large concentration of heritage resources of various quality. However, approximately 50% of heritage building stock comprises small workers cottages of variable condition. Therefore, Staff are proposing a set of Urban Design Guidelines in order to promote the upgrading of all new development or redevelopment within the Hamlet. This proposal will assist in preserving the historic building stock, require compatible historical architectural styles for all new development or redevelopment and protect the heavily vegetated areas of the Hamlet.

Section 3.8.1 c) of the Official Plan states:

“where new housing is planned within a hamlet, its form and setting should be appropriate to the historic features and character of the hamlet...”

This provision does not provide for the same compatibility and sympathetic “historic” design criteria for potential non-residential uses and is proposed to be reworded to state:

“all new development planned within a hamlet should be appropriate to the historic features and character of the hamlet in terms of its form and scale.”

Specific design criteria tailored to preserve the historic building stock and heavily vegetated areas of the Hamlet is of great importance. In considering applications for non-residential uses, the OPA includes the following urban design criteria:

· The design of new buildings or additions to existing buildings shall reflect historic architectural styles which will complement the surrounding area by:

a. having generally the same height, scale and orientation as adjacent buildings;

b. having setbacks consistent with adjacent buildings; and,

c. being of materials and colours consistent with the heritage building stock in the area.

· Heritage buildings will be preserved and integrated into new development or uses;

· New development shall respect and preserve natural landforms, drainage and existing mature vegetation;

· Fronts of buildings and entrances shall be orientated to either Woodbine Avenue or Elgin Mills Road only;

· Generally not to exceed 2 storeys in height;

· New development shall contain adequate and appropriately located on-site parking, with sufficient landscaping and screening to protect adjacent residential properties;

· Parking areas for non-residential uses shall not be located in the front yard between the front of the building and the front lot line; and,

· Buildings to be used for non residential uses shall only contain one modestly sized non-illuminated identification sign.

Staff have included the above changes and provisions into the Draft Official Plan Amendment as it relates to Planning District No. 14 – Victoria Square Planning District (Hamlet).

Municipal Services

Victoria Square is presently served by private well and septic systems. As septic and well systems constrain the “developable” area of any given lot, the size of any one development is regulated by the septic and well systems required. It is likely that within the next several years there will be opportunities for the lands within the Hamlet to connect to municipal services (water and sewer). This will open up development opportunities that do not currently exist within the Hamlet. It is also for this reason that establishing new Official Plan policies and Urban Design Guidelines now is important in preserving the overall character of the Hamlet.

Regional Exemption Attained

On June 15, 2009 the Region of York exempted the proposed Official Plan Amendment from Regional approval. This allows the Official Plan Amendment to come into effect following its adoption by the Town of Markham Council and the expiration of the required appeal period.

CONCLUSION:

The original function of Victoria Square Hamlet was to serve as a mixed use, crossroads community where residential and commercial uses coexisted within a predominately rural residential environment.

The purpose of the Official Plan Amendment is to set out appropriate policies and Urban Design Guidelines to provide more specific guidance and indicate under what circumstances, non-residential uses may be appropriate, given the current land use pattern in the area.

The revisions to the policies and permitted uses noted in this report will provide a stronger framework for evaluating the appropriateness of development applications in the face of anticipated development pressures. None of the uses provided for require substantial parking areas or have hours of operation incompatible with adjacent residential uses.

As noted in this report, it is the opinion of Staff that establishing new Official Plan policies that restrict the uses, control their location, and address their form through specific design criteria, will effectively assist in preserving the historic integrity of the Hamlet of Victoria Square.

Staff therefore recommend that the Official Plan Amendment as it relates to Planning District No. 14 – Victoria Square Planning District (Hamlet) be adopted.

Attached is the Proposed Amendment to Planning District No. 14 – Victoria Square Planning District (Hamlet).

FINANCIAL CONSIDERATIONS:

Not Applicable

ALIGNMENT WITH STRATEGIC PRIORITIES:

Growth Management

Amending the Official Plan by adding additional policy and design criteria for the Hamlet of Victoria Square is an effective mechanism to assist in managing and directing land use, environmental protection and the preservation of built heritage.

BUSINESS UNITS CONSULTED AND AFFECTED:

Development Planning Staff have consulted with the appropriate internal departments including the Zoning Department, the Heritage Planning Team, Heritage Markham and external departments and agencies throughout the Land Use Review and Town initiated Official Plan Amendment processes.

RECOMMENDED BY:

_____________________________	___________________________________
Biju Karumanchery, M.C.I.P., R.P.P. Senior Development Manager Planning and Urban Design Department	Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services

ATTACHMENTS:

Figure 1 – Location Map

Figure 2 – Victoria Square Land Use Boundary Limit

Appendix ‘A’ – Proposed Amendment to Planning District No. 14 – Victoria Square Planning District (Hamlet).

File path: Amanda\File 09 113402\Documents\Recommendation Report

Figure 1 – Location Map

Figure 2 – Victoria Square Land Use Boundary Limit

Appendix ‘A’

OFFICIAL PLAN

of the

TOWN OF MARKHAM PLANNING AREA

AMENDMENT NO. XXX

To amend the Official Plan (Revised 1987), as amended,

for the Victoria Square Planning District (Hamlet), (Planning District No.14).

(Town of Markham)

(October 13, 2009)

OFFICIAL PLAN

of the

MARKHAM PLANNING AREA

AMENDMENT NO. XXX

To amend the Official Plan (Revised 1987), as amended for the Victoria Square Planning District (Hamlet), (Planning District No.14).

This Official Plan Amendment was adopted by the Corporation of the Town of Markham, By-law No. _____ - ___ in accordance with the Planning Act, R.S.O., 1990 c.P.13, as amended, on the 13th day of October, 2009.

______________________

Mayor

________________ _____

Town Clerk

THE CORPORATION OF THE TOWN OF MARKHAM

BY-LAW NO. _________

Being a by-law to adopt Amendment No. XXX to the Town of Markham Official Plan (Revised 1987), as amended.

THE COUNCIL OF THE CORPORATION OF THE TOWN OF MARKHAM, IN ACCORDANCE WITH THE PROVISIONS OF THE PLANNING ACT, R.S.O., 1990 HEREBY ENACTS AS FOLLOWS:

1. THAT Amendment No. XXX to the Town of Markham Official Plan (Revised 1987), as amended, attached hereto, is hereby adopted.

2. THAT this by-law shall come into force and take effect on the date of the final passing thereof.

READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS 13TH DAY OF OCTOBER, 2009.

_____________________ __________ _________

TOWN CLERK MAYOR

CONTENTS

PART I - INTRODUCTION

1. GENERAL............................................................................................................ 7

2. LOCATION.......................................................................................................... 7

3. PURPOSE............................................................................................................. 7

4. BASIS .................................................................................................................. 7

PART II - THE OFFICIAL PLAN AMENDMENT

1. THE OFFICIAL PLAN AMENDMENT............................................................. 10

2. IMPLEMENTATION AND INTERPRETATION.............................................. 12

3. FIGURE 14.1…………………………………………………………….….….13

PART I - INTRODUCTION

(This is not an operative part of Official Plan Amendment No. XXX)

PART I - INTRODUCTION

1.0 GENERAL

1.1 PART I - INTRODUCTION, is included for information purposes and is not an operative part of this Official Plan Amendment.

1.2 PART II - THE OFFICIAL PLAN AMENDMENT, including Figure 14.1, constitutes Official Plan Amendment No. XXX to the Official Plan (Revised 1987), as amended for the Victoria Square Planning District (Hamlet), (Planning District No.14). Part II is an operative part of this Official Plan Amendment.

2.0 LOCATION

This Amendment to the Official Plan applies to the Hamlet of Victoria Square (Planning District No. 14).

3.0 PURPOSE

The purpose of this Amendment is to establish land use provisions and Urban Design Guidelines for all new development with the Hamlet of Victoria Square.

4.0 BASIS OF THIS OFFICIAL PLAN AMENDMENT

In recent years several residential properties fronting onto Woodbine Avenue have come up for sale and have been marketed as properties that could be rezoned for commercial uses.  Several realtors and perspective buyers have inquired at the Town about redeveloping lands for daycare centres and other commercial uses.

In May of 2008, Council authorized Staff to undertake a Land Use Review for Victoria Square, and to schedule community information meetings to review Official Plan policies applicable to the Hamlet. The purpose was to ascertain if planning policy and regulation changes would be required to protect and preserve the integrity of Victoria Square.

Staff reviewed the current Official Plan and Zoning provisions in effect within the Hamlet and assessed the advantages and disadvantages of a variety of planning options to determine whether or not they would assist in promoting appropriate heritage protection/redevelopment in the Hamlet.

Staffs’ review concluded that several of the Hamlet policies in the Official Plan do not reflect the unique geographic conditions and development trends facing the Victoria Square community.

The Official Plan Amendment establishes new Official Plan policies that restrict the types, locations and form of commercial uses in the Victoria Square Hamlet. The Official Plan Amendment also includes Urban Design Guidelines that will assist in preserving the historic integrity of the Hamlet of Victoria Square.

PART II - THE OFFICIAL PLAN AMENDMENT

(This is an operative part of Official Plan Amendment No. XXX)

PART II - THE OFFICIAL PLAN AMENDMENT

1.0 THE OFFICIAL PLAN AMENDMENT

1.1 Section 1.1.2 of Part II of the Official Plan (Revised 1987), as amended, is hereby amended by the addition of the number XXX to the list of amendments, to be placed in numerical order including any required grammatical and punctuation changes.

1.2 Section 4.3.14 is hereby amended by the addition of Section 4.3.14.2 and Figure 14.1 as follows:

“4.3.14.2 Specific Site and Area Policies

In addition to all other relevant policies and guidelines in the Plan, the following specific policies shall apply:

a) Residential Area with Non-Residential Opportunities:

Notwithstanding the provisions of Section 3.8.1 of this Plan, the lands shown on Figure 14.1, as ‘Single Detached dwellings and non residential opportunities’ and designated HAMLET, shall be subject to the following policies:

i) Planned Function of the Residential Area with Non- Residential Opportunities

To provide for small scale institutional and commercial uses, designed to serve the hamlet and surrounding area that are compatible in terms of size, height and intensity with the generally residential character of the Hamlet.

ii) Permitted Uses

Lands located within this area may be zoned to only permit the following uses:

· Single Detached Dwellings in accordance with 4.3.14.2 b)i)

· Places of Worship (subject to Section 2.17 of this Plan)

· Offices

· Clinics

· Daycare Centres

· Bed & Breakfast establishments

· Bake Shops not exceeding 300 m²

· Personal Service Shops

· Retail uses not exceeding 300 m²

· Art galleries

· Institutional uses including community facilities and government services compatible with the planned function and policies of the category of designation

iii) Prohibited Uses

The following uses shall be prohibited and lands within this area shall not be zoned to permit these uses:

· Commercial uses involving accessory outdoor storage

· Automobile service stations

· Car washes

· Automobile repair uses

· Autobody paint and repair

· Commercial ”self storage” warehouses

· Restaurants

· Night clubs

· Banquet halls

· Entertainment uses

· Shopping Centres

· Large Scale Commercial Uses

· Other uses not consistent with the planned function and policies of the category of designation

iv) Urban Design Guidelines

The following design guidelines shall apply to this area:

· Fronts of buildings and entrances shall be oriented to either Woodbine Avenue or Elgin Mills Road only;

· Generally not to exceed 2 storeys in height;

· New development shall contain adequate and appropriately located on-site parking, with sufficient landscaping and screening to protect adjacent residential properties;

· Parking areas shall not be located in the front yard between the front of the building and the front lot line; and,

· Buildings to be used for non residential uses shall only contain one modestly sized non-illuminated identification sign.

b) Residential Area:

Notwithstanding the provisions of Section 3.8.1 of this Plan, the lands shown on Figure 14.1 as ‘Single Detached dwellings, accessory home occupations and existing places of worship’ shall be subject to the following policies:

i) Permitted Uses

Lands located within this area may be zoned to only permit the following uses:

· Single detached residential uses with associated home occupations and existing places of worship/cemeteries.

· The provisions for accessory apartments and garden suites as outlined in Section 3.8.1 shall continue to apply.

c) Urban Design Guidelines

The following design guidelines shall apply to the lands encompassing the entire hamlet boundary as shown on Figure 14.1:

· All new development planned within the hamlet shall be appropriate to the historic features and character of the hamlet in terms of its form and scale.

· The design of new buildings or additions to existing buildings shall reflect historic architectural styles which will complement the surrounding area by:

a. having generally the same height, scale and orientation as adjacent buildings;

b. having setbacks consistent with adjacent buildings; and,

c. being of materials and colours consistent with the heritage building stock in the area.

· Heritage buildings will be preserved and integrated into new development or uses; and,

· New development shall respect and preserve natural landforms, drainage and existing mature vegetation.”

2.0 IMPLEMENTATION AND INTERPRETATION

The provisions of the Official Plan, as amended, regarding the implementation and interpretation of the Plan, shall apply in regard to this Amendment, except as specifically provided for in this Amendment.

This Amendment to the Official Plan (Revised 1987), as amended, is exempt from the approval by the Region of York. Following adoption, notice of Council’s decision will be given in accordance with the Planning Act, and the decision of Council is final, if a notice of appeal is not received before or on the last day for filing an appeal.

Prior to Council’s decision becoming final, this Amendment may be modified to incorporate technical amendments to the text and schedule(s). Technical amendments are those minor changes that do not affect the policy or intent of the Amendment. For such technical amendments, the notice provisions of Section 7.13(c) of Part II of the Official Plan (Revised 1987), as amended, shall not apply.

(October 13, 2009