Planning Justification Report

Transcription

1 Planning Justification Report Application for Zoning By-law Amendment Prepared for: Sherrill Becker (OK Tire Auto Service) Prepared By: Black, Shoemaker, Robinson & Donaldson Limited June 2015

2 Sherrill Becker - OK Tire Auto Service Table of Contents 1.0 INTRODUCTION BACKGROUND INFORMATION SITE ANALYSIS AND SURROUNDINGS Existing Conditions Surrounding Uses DEVELOPMENT PROPOSAL PLANNING AND POLICY FRAMEWORK Provincial Statutes Places to Grow Act, a) Growth Plan for the Greater Golden Horseshoe, The Planning Act, R.S.O. 1990, c. P a) Provincial Policy Statement, Municipal Legislation City of Guelph Official Plan (2014 Consolidation) City of Guelph Official Plan Amendment City of Guelph Comprehensive Zoning By-law No. (1995) Proposed Specialized CC- Zone CONCLUSION Table of Contents Figure 1 Location Plan... 2 Figure 2 Existing Site Development... 3 Figure 3 City of Guelph Official Plan (2014 Consolidation)... 7 Figure 4 Zoning Map Table of Contents Table Regulations Governing Commercial Shopping Centres i

3 Sherrill Becker - OK Tire Auto Service INTRODUCTION This report provides background information in support of an application for a Zone Change by Sherrill Becker, owner of the property occupied by OK Tire Auto Service and Meineke Car Care Centre. The site is located at, on the north side of Woodlawn Road, opposite Woodlawn Road cemetery and immediately east of the most westerly entrance into the SmartCentres development. It includes 2,652 square metres of land with a frontage of 27.8 metres along Woodlawn Road. Access to the site is from the SmartCentres driveway. The purpose of the zone change is to expand the list of Permitted Uses on the property, consistent with the intent of the Mixed Use Node designation contained within the Official Plan. At the present time, no changes to the property are anticipated. See Figure1: Location Plan. 2.0 BACKGROUND INFORMATION The subject property is legally described as Part of Lot 5, Registered Plan 169. This property is part of the Woodlawn/Woolwich Mixed Use Node which was approved by the Ontario Municipal Board in Prior to 2004, the lands fronting onto the north side of Woodlawn Road, between Woolwich Street and the Guelph Junction Railway Spur Line were designated for Service Commercial uses in the City s Official Plan. Originally, this property had direct access to Woodlawn Road. As part of the SmartCentres development, in 2011, the access to this property was changed to the most westerly entrance road into SmartCentres and additional land was added to the subject property. Along with this change, the subject property was granted an easement over the access driveway. This change in access ensured that the subject property became an integrated part of the SmartCentres development. 3.0 SITE ANALYSIS AND EXISTING CONDITIONS 3.1 Existing Conditions This site is occupied by a 1 storey commercial building of approximately square metres and includes 10 service bays and parking for approximately 30 vehicles. It is currently occupied by Meineke Car Care Centre and OK Tire Auto Service. The existing zoning on the property is a Specialized Service Commercial (SC.1-31) Zone which permits Vehicle Sales Establishment, Vehicle Service Station, Vehicle Specialty Repair Shop, accessory Uses and Occasional Uses. This specialized zoning has been applied to a number of sites throughout the City to recognize existing automotive type uses. See Figure 2: Existing Site Development 3.2 Surrounding Uses Abutting land uses to the north include the SmartCentres development and to the east is a Boston Pizza Restaurant. On the opposite side of Woodlawn Road is Woodlawn Cemetery and to the west, on the opposite side of the SmartCentres entrance road is the Bank of Montreal.

4 Sherrill Becker - OK Tire Auto Service 2 FIGURE 1 LOCATION PLAN

5 Sherrill Becker - OK Tire Auto Service 3 FIGURE 2: EXISTING SITE DEVELOPMENT

6 Sherrill Becker - OK Tire Auto Service DEVELOPMENT PROPOSAL As noted previously, the subject lands are currently located within the Specialized Service Commercial (SC.1-31) Zone which was created to recognize a number of automotive type uses throughout the City. This zoning reflected the existing use of the property and the Official Plan designation of Service Commercial which was in place at that time. Since the original development of the property, the lands have been re-designated as part of the Woodlawn/Woolwich Community Street Mixed Use Node. Although the owner does not anticipate any immediate changes to the current use of this property, the owner is seeking a broader range of Permitted Uses for this site in accordance with the policies established for the development of a Mixed Use Node. In reviewing the zoning of the Mixed Use Nodes throughout the City, it would seem the more appropriate zone for this site is the Community Commercial (CC) Zone. This approach will provide flexibility for a variety of uses, all of which are considered appropriate for lands designated part of a Mixed Use Node. At the same time, it will be necessary to create a specialized zoning for this property to recognize existing deficiencies with the property size and building size and location. In addition, it is appropriate for the Specialized Zoning to also recognize the reduced parking ratio associated with the SmartCentres development. Should a future redevelopment of the site be proposed, detailed plans, including building elevations, site servicing drawings, grading and stormwater management plans and landscaping plans will required as part of a Site Plan approval process. 5.0 PLANNING AND POLICY FRAMEWORK This section reviews the policies and guidelines that have been considered as part of the overall analysis of the site development of this property. 5.1 Provincial Statutes PLACES TO GROW ACT, 2005 This legislation creates the legal framework necessary for the government to designate a geographic area of the province as a growth plan area and subsequently to develop a growth plan for that area. It enables the government to plan population growth, economic expansion, and the protection of environmental and agricultural land a) Growth Plan for the Greater Golden Horseshoe, 2006 The guiding principles of the Growth Plan that are relevant to this application include: Building compact, vibrant and complete communities; Plan and manage growth to support a strong and competitive economy; and Optimize the use of existing and new infrastructure to support growth in a compact, efficient form. The subject property is located within the Built-Up Area designation of the Growth Plan. According to Section 2.2.2, population and employment growth should be direct to the built-up area of the community.

7 Sherrill Becker - OK Tire Auto Service 5 The subject lands are located within the Built Boundary for the City of Guelph and are designated for Mixed Use Node uses within the Official Plan. The current zoning of the site is overly restrictive in terms of Permitted Uses of the site. By allowing the full complement of community commercial uses on the site, the long term economic viability of the site can be secured and any future redevelopment of the property will ensure a better integration with the existing Mixed Use Node. The proposed zone change conforms to the Growth Plan THE PLANNING ACT, R.S.O. 1990, c.p.13 The Planning Act establishes the ground rules for land use planning in Ontario and describes how land uses may be controlled, and who may control them. Section 3(1) of the Planning Act, R.S.O. 1990, c.p.13, as amended establishes that policy statements may be issued by the Minister to deal with matters of provincial interest. Section 3(5) of the Planning Act states that in exercising any authority that affects planning matters, every group who exercises such authority shall be consistent with policy statements issued under Subsection (1) of the Act and shall conform with provincial plans a) Provincial Policy Statement 2014 The Provincial Policy Statement (PPS) was approved by the Lieutenant Governor in Council, by Order in Council No. 107/214. It replaces the 2005 PPS. The Provincial Policy Statement is intended to promote a policy-led system that recognizes that there are complex inter-relationships among environmental, economic and social factors in land use planning and establishes matters of provincial interest related to land use planning and development. Section 1.1. outlines policies that sustain healthy, liveable and safe communities. In this regard Section a) speaks to promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term and Section b) notes the importance of accommodating an appropriate range and mix of residential, employment (including industrial, commercial and institutional uses); recreational and open space uses to meet long term needs of the community. The subject property is designated as part of a Mixed Use Node within the City s Official Plan and these nodes are intended to provide a full range of commercial uses. Section 1.3 establishes policies around employment. Specifically Section b) states that planning authorities shall provide opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses. Section notes that planning authorities shall plan for, protect and preserve employment areas for current and future uses and ensure the necessary infrastructure is provided to support current and projected needs. Section requires planning authorities to protect employment areas in proximity to major goods movement facilities and corridors for employment uses that require those locations. As noted above, the subject lands are currently designated part of a Mixed Use Node. The proposed rezoning of this fully serviced property to allow the greatest complement of community commercial uses is appropriate and represents good planning for this site. The proposed development of the subject land is consistent with the policies of the 2014 Provincial Policy Statement.

8 Sherrill Becker - OK Tire Auto Service Municipal Legislation The City s current in-force Official Plan (OP) was approved by the Province on December 20 th, The 2014 consolidation includes all adopted and Ministry approved amendments since that date. The City has undertaken a comprehensive 5-year review of its OP which was adopted by Council on January 1 st, 2012; however, the Plan has been appealed in its entirety, to the Ontario Municipal Board. This report will review the in-force Official Plan, and the 2012 Council adopted Official Plan to determine application conformity with the existing and Council/Ministry approved policy framework CITY OF GUELPH OFFICIAL PLAN (2014 CONSOLIDATION) Figure 3 of this report shows that the subject lands are designated as part of a Mixed Use Node identified as the Woodlawn/Woolwich Street Node. City of Guelph Official Plan (2014 Consolidation) Section of the Official Plan states that Community Mixed Use Nodes are to be planned for higher density mixed uses including residential and employment, as well as a wide range of retail, service, entertainment and recreational commercial uses that serve the local and wider communities. The following specific policies have relevance to the subject application. Section notes that the mixed use nodes will be planned and designed to: a) Be well served by transit and facilitate pedestrian and cycling traffic; b) Provide a mix of commercial, offices and residential development in a higher density, compact urban form that supports walkable communities and live/work opportunities. The subject lands are located adjacent to the SmartCentres development and are connected by way of a major entrance driveway, providing a seamless and convenient pedestrian, bicycle and vehicular access between the two properties. The site is serviced by two transit routes along Woodlawn Road. Section 7 of the Official Plan sets out policies for land use. As noted previously, the subject property is designated as part of a Mixed Use Node. The following specific policies are relevant to this application The Mixed Use Nodes are comprised of one or several individual developments on one or more properties on both sides of an intersection or major roads within a node. These areas are intended to serve the needs of residents living and working in nearby neighbourhoods and employment districts and the wider City as a whole The intent of the Mixed Use Node is to create a well-defined focal point and to efficiently use the land base by grouping complimentary uses in close proximity to one another providing the opportunity to satisfy several shopping and service needs at one location. Implementing zoning by-laws may include mechanisms such as minimum density requirements and maximum parking standards to promote the efficient use of the land base.

9 Sherrill Becker - OK Tire Auto Service 7 Figure 3: CITY OF GUELPH OFFICIAL PLAN (2014 Consolidation)

10 Sherrill Becker - OK Tire Auto Service It is intended that where there are adjacent properties within the node that the lands will be integrated with one another in terms of internal access road, entrances from public streets, access to common parking areas, grading, open space and stormwater management systems. Furthermore, it is intended that individual developments within the Mixed Use Node will be designed to be integrated into the wider community by footpaths, sidewalks and bicycle systems and by the placement of smaller buildings amenable to the provision of local goods and services in close proximity to the street line near transit facilities The Mixed Use Node is intended to provide a wide range of retail, service, entertainment and recreational commercial uses as well as complimentary uses including open space, institutional, cultural and educational uses, hotels, and live-work studios. Medium and high density multiple unit residential development and apartments shall also be permitted..only small scale professional and medically related offices shall be permitted in this designation in order to direct major offices to the CBD, intensification areas, corporate business park and institutional designations The permitted uses can be mixed vertically within a building or horizontally within multiple-unit mall buildings or may be provided in free-standing individual buildings. Where an individual development incorporates a single use building in excess of 5,575 square metres of gross leasable area, the site shall also be designed to provide the opportunity for smaller buildings amenable to the provision of local goods and services to be located near the intersections and immediately adjacent to the street line near transit facilities. These smaller buildings shall comprise a minimum of 10% of the total gross leasable floor area within the overall development The City shall require the aesthetic character of site and building design to be consistent with the City s urban design objectives and guidelines and shall incorporate measures into the approval of Zoning By-laws and site plans used to regulate development within the Mixed Use Nodes to ensure such consistency The Mixed Use Nodes incorporate land containing existing uses as well as vacant land required to meet the identified needs of the City. In order to promote a mixture of land uses within each designation, it is the intent of the Plan that new retail development shall be limited to the following floor area cumulatively of all buildings within the node. Woodlawn/Woolwich Street Node 42,000 square metres No individual Mixed Use Node shall have more than 4 free-standing individual retail uses exceeding 5,575 square metres of gross leasable floor area. The subject lands have been identified as forming part of the Mixed Use Node focused around the SmartCentres development at Woodlawn and Woolwich Street. This provides a greater opportunity to satisfy several shopping and service needs for the community. The site is integrated with the adjacent land uses by sidewalks, bicycle systems, transit and vehicular connections. The creation of the Woodlawn/Woolwich Street Node anticipated that the node would accommodate 42,000 square metres of retail space. When the expansion of the Walmart Store was considered in 2011, the zone change allocated 10,990 square metres of additional retail in smaller pods throughout the node.

11 Sherrill Becker - OK Tire Auto Service 9 As noted previously, this site is currently developed with a building of square metres. It is unlikely that additional floor area could be constructed on this property and still satisfy zoning regulations with respect to parking and landscaping CITY OF GUELPH OFFICIAL PLAN AMENDMENT 48 As noted above, Council adopted a new Official Plan in June of 2012 by way of Official Plan Amendment 48 and recommended approval of this Plan to the Minister of Municipal Affairs and Housing. Although Official Plan Amendment 48, in its entirety, has been appealed to the Ontario Municipal Board, it is still appropriate to review the subject proposal to evaluate its conformity with the new policy direction of the City. OPA 48 designates the subject lands as Community Mixed-Use Centre. The associated policies of this new designation are reflective of the policies contained within the in-force Official Plan. The rezoning of the subject lands to permit a full complement of community commercial uses is entirely compatible with the in-force Official Plan and Official Plan Amendment CITY OF GUELPH COMPREHENSIVE ZONING BY-LAW (1995) The subject lands are located in the Specialized Service Commercial (SC.1-31) Zone which is set out below: SC Dawson Rd., 239 Edinburgh Rd. N., 304 Elizabeth St., 73, 87 Gordon St., 58 Wellington St. E., 41, 27, Woodlawn Rd. W., 688 Woolwich St, 550, 578, 599 York Rd. As shown on Defined Area Map Numbers 8, 14, 22, 23, 24, 37, 52, and 53 of Schedule A of this By-law. Permitted Uses Vehicle Sales Establishment Vehicle Service Station Vehicle Specialty Repair Shop Accessory Uses in accordance with Section 4.23 Occasional Uses in accordance with Section 4.21 This zoning reflects the current development of the site and the original Service Commercial designation of the property in the Official Plan. Figure 4 is the Zoning Map for this area. In reviewing the zoning for properties located throughout the City that are designated as part of a Mixed Use Node; these sites are identified with a variety of Specialized Community Commercial Zones. The specialization relates to either permitted uses or particular regulation exemptions or additions. Over the years, this practice of creating specialized zones, relative to the list of Permitted Uses has resulted in numerous applications to the Committee of Adjustment for use variances or to the City for zone changes to expand the list of permitted uses. Since the Community Commercial Zone is intended to reflect the commercial policies of the Official Plan, it is appropriate to recognize all uses as being appropriate for this property.

12 Sherrill Becker - OK Tire Auto Service 10 FIGURE 3: ZONING MAP

13 Sherrill Becker - OK Tire Auto Service 11 The following sets out the uses and regulations for the Community Commercial Zone. Amusement Arcade Medical Clinic Art Gallery Medical Office Artisan Studio Office Carwash, Automatic Personal Service Establishment Carwash, Manual Public Hall Club Recreation Centre Commercial Entertainment Religious Establishment Commercial School Rental Outlet Day Care Centre in accordance with Section 4.26 Restaurant Dry Cleaning Outlet Restaurant (take-out) Financial Establishment Retail Establishment Funeral Home Tavern Garden Centre Taxi Establishment Group Home in accordance with Section 4.25 Vehicle Gas Bar Laundry Veterinary Service Library Accessory Uses in accordance with Section 4.23 Occasional Uses in accordance with Section 4.21 Dwelling Units with permitted commercial uses in the same Building in accordance with Section The following regulations apply to uses within the Community Commercial Zone. Special Regulations for Vehicle Gas Bars Minimum Setback of Pump Islands 7.5 metres from the curbing of the pump islands to the street line or the designated street line as set out in Section Despite the above, canopies over pump islands and underground storage tanks are allowed to project up to 1.5 metres from the Street Line. Entry Ramps There shall be no more than one entry ramp for each 15 metres of street frontage and the width of any entry ramp shall not exceed 9 metres at the street line. Minimum Front or Exterior Side Yard The minimum front or exterior side yard for a vehicle gas bar shall be 15 metres and as set out in Section Minimum Rear Yard The minimum rear yard for a vehicle gas bar shall be 1.5 metres. Surfacing The surfaces of all ramps, driveways, service areas, and off-street loading areas shall be surfaced with a capped, hard top substance such as asphalt, or other stable surface treated to prevent the raising of dust and/or loose particles. Special Regulations for Car washes, Automatic and Car Washes, Manual Entry Ramps There shall be no more than one entry ramp for each 15 metres of street frontage and the width of any entry ramp shall not exceed 9 metres at the Street Line. Number of Vehicle Standing Spaces In accordance with Section Surfaces The surfaces of all ramps, driveways, service areas, and off-street loading areas shall be surfaced with a capped, hard top substance such as asphalt, or other stable surface treated to prevent the raising of dust and/or loose particles. Enclosed Operations The following shall apply to car wash establishments in the CC and RC Zones:

14 Sherrill Becker - OK Tire Auto Service 12 All of the operations of a car wash, automatic or car wash, manual shall be conducted within an enclosed building except for the moving and storage of vehicles. On-site vacuuming devices, and wiping or drying areas, where provided may be located outside the main building. Vehicle Storage Space A minimum of 2 vehicle storage spaces per bay shall be provided. Vehicle Standing Space Dimensions Each vehicle standing space shall have minimum dimensions of not less than 6 metres by 2.4 metres. Location of Vehicle Area Required vehicle standing spaces and vehicle storage spaces may be located ahead of the setback line. Vehicle standing spaces shall be arranged in a continuous line or lines leading into the washing bay or bays in such a way so as not to interfere with the movement of traffic on public streets and the normal functioning of the site. Vehicle storage, standing, loading and wiping areas shall not be permitted within 3 metres of any public street. Public streets, lanes and other public places shall not be used for the storage, standing, wiping and maneuvering of motor vehicles in any manner as if they were part of the car wash premises. TABLE REGULATIONS GOVERNING COMMERCIAL SHOPPING CENTRES Row 1 Regulation Commercial (CC)Type Shopping Centre 2 Minimum Lot Area * 7,500 m 2 3 Maximum Lot Area 50,000 m 2 4 Minimum Lot Frontage 50 metres 5 Minimum Front and Exterior Side Yard 3 metres and in accordance with Section Minimum Side Yard One-half the Building Height but not less than 3 metres. 7 Minimum Rear Yard One-half the Building Height but not less than 3 metres. 8 Maximum Building Height 3 Storeys to a maximum of 15 metres and in accordance with Sections 4.16 and Minimum Gross Floor Area 1,875 m 2 10 Maximum Gross Floor Area 12,500 m 2 11 Minimum Landscaped Open Space 9% of the Lot Area. 12 Planting Area A landscaped strip of land, 3 metres in width shall be maintained adjacent to the Street Line, except for those areas required for entry ramps 13 Buffer Strips Where a NC, CC, or RC Zone abuts any Residential, Institutional, Park, Wetland, or Urban Reserve Zone, a Buffer Strip shall be developed. 14 Off-Street Parking In accordance with Section Off-Street Loading In accordance with Section Enclosed Operations In accordance with Section Accessory Buildings or Structures In accordance with Section Garbage, Refuse Storage and Composters In accordance with Section Fences In accordance with Section 4.20 * Highlighted Regulations identify regulations that cannot be met by the current site and building. As part of the rezoning of this site, it will be necessary to recognize deficiencies with the existing property size and building.

15 Sherrill Becker - OK Tire Auto Service PROPOSED ZONING SPECIALIZED COMMUNITY COMMERCIAL (CC- ZONE) The owner of 41 Woodlawn Road is seeking a zone change of this property from the Specialized Service Commercial (SC.1-31) Zone to a Specialized Community Commercial (CC- ) Zone. The Specialized zoning is required to recognize deficiencies in the existing property size, existing building size and location and the ultimate development potential of the site. This will provide flexibility to the owner in terms of any redevelopment of the site for a variety of uses, all of which are considered appropriate for lands designated as part of a Mixed Use Node. Proposed Specialized CC- Regulations Minimum Lot Area The CC Zone requires a Minimum Lot Area of 7,500 square metres. The existing Lot Area is 2,652 square metres. Since this property will not change in size, it is appropriate to recognize the Minimum Lot Area for as 2,562 square metres. Minimum Lot Frontage The CC Zone requires a Minimum Lot Frontage of 50 metres. The existing Lot Frontage is 27.8 metres. Since this property frontage will not change, it is appropriate to recognize the Minimum Lot Frontage for as 27.8 metres. Minimum Side Yard The CC Zone requires a Minimum Side Yard of 3.0 metres. The existing right Side Yard is 2.9 metres. Without a complete redevelopment of the site, this side yard is unlikely to change. It is therefore appropriate to recognize the Minimum Side Yard for as 2.9 metres. Minimum Gross Floor Area The CC Zone requires a Minimum Gross Floor Area of 1,875 square metres. The existing Gross Floor Area of the building is square metres. The existing size of the property will determine any future redevelopment of the site but it is safe to say that this property cannot support a building with the Minimum Gross Floor Area as set out in the CC Zone. It is more likely that the size of the building will be in keeping with the existing site development and therefore it is appropriate to recognize the Minimum Gross Floor Area for as square metres. Off-Street Parking The CC Zone requires a parking ratio of 1 space for every 18 square metres in a Community Commercial Zone. The parking ratio established for the adjacent SmartCentres development is 1 space for every 23 square metres of Gross Floor Area. Since this site is to be developed as an integrated property within the Woodlawn/Woolwich Street Node, it seems appropriate the same parking regulations apply to this property. Therefore, should have a parking ratio of 1 space for every 23 square metres of gross floor area.

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