Report to: Development Services Committee Report Date: March 23, 2010

SUBJECT: Preliminary Report

Cesaroni Holdings

10757, 10759 & 10761 Woodbine Avenue

Applications for rezoning from Rural Residential Hamlet to General Commercial and site plan approval to permit a resource centre with book store and medical/professional offices

File No’s: ZA 09 126458 & SC 09 126459

PREPARED BY: Gary Sellars – Senior Planner, West Development Team ext. 2960

RECOMMENDATION:

That the Staff report entitled “Cesaroni Holdings - 10757, 10759 & 10761 Woodbine Avenue - Applications for rezoning from Rural Residential Hamlet to General Commercial, and site plan approval to permit a resource centre with book store and medical/professional offices”, be received;

That a Public Meeting be held to consider the zoning by-law amendment application submitted by Cesaroni Holdings.

And 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 provide preliminary information regarding the above noted applications and to recommend that a public meeting be scheduled to obtain public input. This report contains general information in regards to applicable OP and other policies as well as other issues and the report should not be taken as Staff’s opinion or recommendation on the application.

BACKGROUND:

Complete Application

A complete Zoning By-law Amendment application was submitted by Cesaroni Holdings on October 26, 2009.

Property and Area Context

The subject lands are comprised of three properties with a combined area of approximately 0.24 hectares (0.6 acres). The lands are located on the east side of Woodbine Avenue north of Elgin Mills Road within the Hamlet of Victoria Square (Figure 1). The lands presently contain a heritage building constructed circa 1880, a detached garage that has no historic value and numerous trees and shrubs in varying stages of health.

To the north is the Victoria Square United Church Cemetery. To the east, west and south are existing single detached dwellings constructed between 1880 and 1935 (Figure 3).

Official Plan, Secondary Plan and Zoning

The subject lands are designated “Hamlet” in the Markham Official Plan. Hamlet policies provide for low density residential, small scale commercial (intended to serve the needs of local residents of the Hamlet and surrounding rural area) and daycare centres. Large scale commercial uses which do not primarily serve the Hamlet and its surrounding rural area are discouraged. (See discussion on page 3 regarding a recent Official Plan Amendment, OPA 182, pertaining to Victoria Square).

The owner has not submitted an application to amend the Official Plan. It is their opinion that as their rezoning application predated the adoption of OPA 182 by one (1) day, the Hamlet policies that existed on the day the application was complete should be applied. In reviewing the application, Town Staff will need to have regard for the Hamlet policies of the Official Plan, and the implications of OPA 182 (under appeal).

The subject lands are zoned Rural Residential Hamlet (RRH) by By-law 83-73, as amended. The majority of the properties in the area are zoned Rural Residential by By-law 83-73, as amended (Figure 2). The rural residential zone only permits single detached dwellings and home occupations. Commercial uses, including daycare centres, are not permitted.

Proposal

The owner has submitted applications for rezoning from Rural Residential Hamlet to General Commercial and for site plan approval to permit the construction of a 915 m² (9,849 ft²) two storey resource centre with book store and medical/professional offices. The resource centre will be operated by a non profit organization providing services to families in the following areas (also see Appendix A):

Parenting programs
Special needs services thorough web based technology
Sensory and fine/gross motor skill programs
Meeting rooms for families, youth and children
Library and digital media resources

The proposal would require rezoning to the General Commercial Zone with permissions for the following uses:

Medical clinics
Business/Professional offices
Accessory retail devoted to the sale of family resource material (Literature, DVD’s etc)

The total required parking is calculated based on the net floor area of the proposed uses. The proposed net floor area for this development is 616.3 m² (6,634 ft²). At a parking standard of 1 space per 30m²of net floor area required by the Parking By-law, 21 spaces are required for the proposed uses. Twenty two (22) parking spaces are proposed for this development and are located at the rear of the site.

The existing Heritage building will be retained and incorporated into the subject development (Figure 4).

OPTIONS/DISSCUSSION:

Application predates Official Plan Amendment No. 182

The rezoning and site plan applications were submitted on October 26, 2009. On October 27, 2009 Council adopted Official Plan Amendment No. 182 for Planning District 14 – Victoria Square Planning District (Hamlet). This amendment provides for only single detached dwellings within the Hamlet of Victoria Square.

On December 14, 2009 the Town’s Clerks Department notified the Ontario Municipal Board that eight notices of appeal, including one from the applicant, had been filed with respect to the approval of OPA 182. A hearing date for the OPA 182 appeals will likely be scheduled by the OMB at the upcoming March 22, 2010 pre- hearing conference.

The proposed development is subject to Site Plan Control Approval

On October 27, 2009, Council amended the Town’s Site Plan Control By-law to require that all development within the Hamlet of Victoria Square be subject to site plan control.

Deeming By-law required

A deeming by-law is required to merge the three existing properties into one in order to fulfill the requirements of the Planning Act and Building Code Act.

Potential benefits of approval of the proposal:

The proposed Zoning By-law amendment and associated site plan application would result in renovations and upgrading of the heritage building located on site. The proposed resource centre and medical/professional offices would potentially serve the surrounding community.

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 [ToM1] be addressed in a final staff report if necessary, to be presented to Committee at a later date:

Appropriateness of proposed commercial uses in an area context
Size and scale of proposal relative to Official Plan policies
Outstanding Region’s comments relating to vehicular access and traffic impact
Compatibility and buffering in relation to the existing dwellings to the east and west
Architectural treatment of the proposed development
Landscaping and tree preservation
Merging of the three properties (Deeming By-law)

CONCLUSION:

It is recommended that a public meeting be held to obtain public input on this application.

ALIGNMENT WITH STRATEGIC PRIORITIES:

This proposal will be considered in the context of the strategic priority of Growth Management, regarding land use and the preservation of built heritage.

BUSINESS UNITS CONSULTED AND AFFECTED:

Staff in the Development Services Commission will consult with the appropriate internal and external departments and agencies throughout the application process.

______________________________ ______________________________

Biju Karumanchery, M.C.I.P., R.P.P. Jim Baird, M.C.I.P., R.P.P.

Senior Development Manager Commissioner, Development Services

ATTACHMENTS:

Figure 1 - Location Map

Figure 4 - Proposed Site Plan

Figure 2 - Area Context/Zoning

Appendix ‘A’ - Proposed Uses/Mandate

Figure 3 - Air Photo

Owners Information: Agent:

Elena Bevilacqua	Maria Gatzios
Cesaroni Group	Gatzios Planning + Development Consultants Inc.
Phone: 416-297-8112	Phone: 905-475-9191
Fax: 416-297-9632	Fax: 905-475-8346
E-mail: elena@cesaronigroup.com	E-mail: maria@gatziosplanning.com

File path: Amanda\File 09 126458\Documents\Preliminary Report