THE CORPORATION OF THE TOWN OF COBOURG PLANNING REPORT TO: Planning & Sustainability Advisory Committee FROM: Glenn J. McGlashon, MCIP, RPP Director of Planning & Development DATE OF MEETING: February 28, 2017 REPORT TITLE/SUBJECT: Application for Approval of a Zoning By-law Amendment 990-1000 Division Street Sobeys Capital Incorporated DATE OF REPORT: February 24, 2017 Z-08-15; ZB-2015-004 (431) 1.0 RECOMMENDATION That Council be advised that the Planning & Sustainability Advisory Committee (PSAC) has duly considered the application by Sobeys Capital Incorporated for approval of an amendment to the Zoning By-law for the 1.62 ha (4.02 ac) parcel of land known municipally as 990-1000 Division Street, Cobourg, and further that the PSAC endorses the conclusions of the Planning Report. 2.0 ORIGIN An application for approval of an amendment to the Cobourg Comprehensive Zoning By-law No. 85-2003 was submitted by Sobeys Capital Incorporated (hereinafter referred to as Sobeys ) in July of 2015. At its meeting held on August 10, 2015, Council moved that the application be received and referred to the Planning Department for a report, and further directed that the Public Meeting be scheduled. In accordance with the Planning Act, if Council has not made a decision within 120 days in the case of the Zoning By-law Amendment, the applicant may appeal the applications to the Ontario Municipal Board 1. A Public Meeting of Council was originally scheduled for April 4, 2016 to consider these applications, however it was postponed at the request of the applicant. A new Public Meeting date has been scheduled for March 6, 2017. 1 Since the original application circulation and review process commenced in the Summer/Fall of 2015, Sobeys has made a number of revisions to the application and re-submitted a revised amendment package in December, 2015 and November, 2016. 1
3.0 BACKGROUND 3.1 Owner Sobeys Capital Incorporated 3.2 Applicant/Agent Christine Yee, Director Real Estate & Development, Sobeys Ok Kemal, Partner, MHBC Planning 3.3 Property Address The subject lands are known municipally as 990-1000 Division Street -- refer to Schedule A for a location map. 3.4 Existing Land Uses The subject lands are currently occupied by a Foodland supermarket having a total floor area 2 of 1,420 sq m (15,288 sq ft) and a Gross Floor Area (GFA) 3 of 998 sq m (10,743 sq ft). A take-out restaurant with a total floor area of 130 sq m (1,400 sq ft) is also situated at the north-west corner of the property. 3.5 Surrounding Land Uses The land uses in the vicinity of the subject property generally consist of a mix of residential, commercial and rural land uses. North: East: South: West: Patterson Street, Northumberland Hills nano-brewery, vehicle sales, fueling and service, and other District Commercial uses Castle Building Centre, low density residential uses Tim Horton s, DQ and other District Commercial uses Vandermeer Toyota, residential uses 3.6 Proposal The proposal involves the redevelopment of the site for a new Foodland supermarket and up to two (2) new free-standing service commercial pad buildings. The site is located within a Shopping Node Area designation in the existing, approved Official Plan, which permits supermarkets, however the existing District Commercial (DC) Zone category in the Comprehensive Zoning By-law does not permit a supermarket. 2 Total floor area: represents the total floor area of a building(s) measured within the exterior walls of the building(s). 3 Gross Floor Area (GFA) non-residential: represents the total floor area of a non-residential building(s) minus accessory uses and areas, such as warehouse/storage, service facilities, mechanical areas, staff offices, washrooms, lunchrooms and interior public malls. Page 2
A food store has been located on the site for many years and has evolved from a modest convenience operation to the small supermarket that exists today. Therefore, the current supermarket is considered legal non-conforming to the DC Zone and any substantial expansion or re-development requires an amendment to the Zoning Bylaw. Restaurant and service commercial uses are permitted in the DC Zone and do not require an amendment. The following chart illustrates the floor area calculations and the net change associated with the proposed supermarket expansion: Total Floor Area Gross Floor Area (GFA) Existing 1,420 sq m (15,288 sq ft) 998 sq m (10,743 sq ft) Supermarket Proposed 3,024 sq m (32,551 sq ft) 2,299 sq m (24,747 sq ft) Supermarket Net Change 1,604 sq m (17,266 sq ft) 1,301 sq m (14,004 sq ft) The applicant submitted a corresponding Site Plan application and supporting studies in conjunction with the proposal, including a Planning Justification Report, an Urban Design Brief, a Traffic Impact Study & Addenda, a Noise Impact Assessment, a Tree Inventory & Assessment and a Servicing Study, which have been reviewed by the municipal staff Development Review Team (DRT) as part of the overall development proposal review process. The subject of this Report specifically relates to the application for Zoning By-law Amendment and the consideration of the land use planning merits of expanding the existing supermarket on the site technical site development matters such as access driveways, servicing, grading, sidewalks, lighting and so on are tied to Site Plan Control and are dealt with via a separate application under the Planning Act. For the purposes of this land use planning review, only the Planning Justification Report and Urban Design Brief have been appended to this Report: Appendix 1 Planning Justification Report Appendix 2 Urban Design Brief The following drawings also form part of this Report: Schedule A Location Map Schedule B Site Plan Schedule C Landscape Plan Schedule D Elevations Page 3
4.0 ANALYSIS In considering the subject application, an understanding of the applicable provincial legislation and local policies is beneficial when reviewing applications for approval of amendments to the Zoning By-law. The MHBC Planning Justification Report found in Appendix 1 provides an in-depth overview of relevant provincial and local policies and provides opinions relating to conformity therewith. It is not the intent of this Planning Report to duplicate the review and analysis provided by MHBC in their report, however the following sections provide a general summary of relevant background and commentary from a municipal planning staff perspective and is intended to complement and be read in conjunction with the MHBC Report. 4.1 Planning Act, RSO 1990 In accordance with the development approval process of the Planning Act, the requirements for considering an application for a Zoning By-law amendment include public notification, convening a Public Meeting, and awaiting an appeal period. The Planning Act also requires that the Municipality have regard to matters of Provincial interest under Section 2 of the Act, which are encapsulated in the Provincial Policy Statement (PPS), 2014 and Provincial Plans, such as the Growth Plan for the Greater Golden Horseshoe (the Growth Plan ). In general, matters of Provincial interest include such applicable matters as: the protection of ecological systems and natural features; adequate provision and efficient use of infrastructure; orderly development of safe and healthy communities; accessibility for persons with disabilities; the protection of public health and safety; appropriate locations for growth and development; the promotion of sustainable development; the use of pedestrian-friendly designs; and development which is transit supportive. The applications have been reviewed in light of the aforementioned items of Provincial interest. Further discussion on this topic is outlined below. 4.2 Provincial Policy Statement (PPS), 2014 & Growth Plan for the Greater Golden Horseshoe, 2006 The Planning Act requires that the Council of a local Municipality shall be consistent with the Provincial Policy Statement (PPS) and shall ensure that applications such as a Zoning By-law Amendment conform to the Growth Plan. The PPS was issued by the Ministry of Municipal Affairs and Housing under the Planning Act in 2014 and the Growth Plan was issued by the Ministry of Public Infrastructure Renewal under the Places To Grow Act in 2006. The primary directives of these provincial policy documents include such issues as: Page 4
fostering the development of complete communities which are strong, liveable, healthy and vibrant; promoting efficient, cost-effective and transit-supportive land use and development patterns to minimize land consumption and servicing costs and support active transportation; facilitating intensification, redevelopment and compact built form; directing growth and development to urban settlement areas with full municipal services; improving accessibility for persons with disabilities and older persons; protecting public health and safety; and, encouraging the proper use and management of significant natural and cultural resources; The Planning Justification Report prepared by MHBC provides a detailed overview of relevant provincial policies and concludes that the proposed development is consistent with the PPS and conforms to the Growth Plan. Based on my review of the application and supporting documentation, I concur with the conclusions of the MHBC Planning Justification Report. Specifically, the subject site is located within an urban, serviced settlement area and is considered part of the built boundary of the Town of Cobourg as established by the Province in the Growth Plan. Accordingly, the proposed re-development constitutes intensification of an under-utilized site within the existing built-up area of the municipality and would represent cost-effective development. The subject site is suitably located within an existing commercial corridor on an improved arterial road, and is adequately serviced by existing municipal infrastructure to accommodate intensified commercial development. Improvements in the form of directly accessible sidewalks, cycling facilities and enhanced connections between the public and private realm are proposed to safely support active transportation and transit. Therefore, it is my opinion that the application for Zoning By-law Amendment is consistent with and conforms to matters of Provincial interest as reflected in the PPS and Growth Plan. 4.3 County of Northumberland Official Plan The County of Northumberland Official Plan (the County OP ) was approved by the Ministry of Municipal Affairs and Housing on July 29, 2015 and further approved by the Ontario Municipal Board on November 23, 2016. The purpose of the County OP is to: Page 5
Establish a broad, upper tier policy framework intended to guide local municipalities in the preparation of their Official Plans, Official Plan Amendments and zoning by-laws; Implement the PPS and Growth Plan at the County level; and, Establish a framework for coordination and cooperation amongst local municipalities and the County on planning and development issues that cross municipal boundaries. The County OP is not intended to duplicate the policies of local Official Plans, and recognizes land use planning responsibilities that are vested with local municipalities. Accordingly, the County OP provides over-arching guidance necessary to formulate detailed strategies, policies and land use designations at the local level. Thus, the land use designations and policies in the Cobourg OP essentially remain intact, but would need to be monitored and regularly updated to ensure conformity with the County OP. In general, the County OP encourages each of the six (6) urban areas in the County to become complete communities, including the provision of convenient access to an appropriate mix of jobs, local services, a full range of housing, and community infrastructure including affordable housing, schools, health, transit, recreation and open space for their residents. From a commercial perspective, it is the objective of the County OP to: Encourage the provision of a wide range of goods and services at appropriate locations to meet the needs of the County s residents, employees, and businesses; Promote efficient use of land and infrastructure by providing opportunities for commercial intensification and establish a barrier-free pedestrian environment; Encourage the protection of existing commercial areas to ensure that their function as neighbourhood and community gathering places is retained; and, Encourage good urban design to improve the quality of commercial corridors and to ensure they function as a destination. Based on a review of the proposal, it is my opinion that the proposed Zoning By-law Amendment conforms to the objectives and policies of the County Official Plan. 4.4 Town of Cobourg Official Plan In accordance with tested planning case law, the subject application is to be considered within the context of the approved, in-force Official Plan (OP) dated 2002 at the time of the application. Notwithstanding the above, the adopted changes to the Page 6
Official Plan through OPA 69 (2010) reflect Council s latest expression of policy intent and, while not to be used as a determining factor, an appropriate amount of regard, or weight, should be given to these policies. The adopted, but not currently in force, OP (2010) has been appealed by a number of parties, including Sobeys. The primary objection by Sobeys is that the new OP changes the land use designation from Shopping Node Area (as approved in the 2002 OP) to Mixed Use Area. The Shopping Node Area designation typically applies to lands which are already developed or which approvals have already been granted for shopping centre type development. The Mixed Use Area designation is a new blanket land use designation which will apply to much of the Division Street commercial corridor and permits commercial, residential and mixed land uses at a higher density, but specifically prohibits supermarkets. In 1997, the subject lands were designated as Shopping Node Area by Official Plan Amendment No. 46. At the time, the owner of the day was contemplating a redevelopment of the property for commercial purposes, including an expanded supermarket. Sobey s, the current owner, wishes to re-develop the site and thus wishes to retain their current, approved land use designation given the existing and planned supermarket use on the site, thus the reason for their appeal. In June of 2015, Cobourg Municipal Council endorsed a modification to the new OP which would retain a special Shopping Node Area designation on the site with additional policies that are consistent with the Mixed Use Area designation, including provision for commercial, residential or mixed use development. The matter is currently before the Ontario Municipal Board (OMB) for final resolution and approval and it is anticipated that this process will be concluded within the next several months. The MHBC Planning Justification Report found in Appendix I provides a detailed overview of relevant OP policies and provides planning opinions regarding conformity with municipal policies. The following provides a general summary of key policy directions in the Official Plan and is intended to complement and be read in conjunction with the MHBC Report. Shopping Node Area (Section 3.8) The policies of the Shopping Node Area designation typically apply to lands which have been approved for larger scale commercial uses, such as supermarkets and department stores. The proximity of the site to Division Street, a major arterial and gateway into Town, and adjacent commercial land uses makes it conducive for intensified commercial development. Section 3.8.3.1 of the OP specifies that new development, or significant expansions to existing shopping node activities, requires a Zoning By-law Amendment and, in certain instances where new retail commercial space exceeds 1,400 sq m (15,000 sq ft) of Gross Floor Area (GFA) beyond existing zoning permissions, a Retail Market Impact Page 7
Study in accordance with Section 3.8.3.2. The purpose of a Retail Market Impact Study is to examine existing retail inventory and assess impacts on existing commercial areas, particularly the Main Central (downtown) Area. The intent of this policy is to ensure that new retail commercial development does not jeopardize the viability of existing commercial areas (ie. the ability of the area to thrive and continue its planned function in the community), versus the viability of individual commercial businesses. Key in the discussion related to the above policy is the net increase in additional retail commercial GFA being proposed in the Sobeys application, which excludes such accessory uses as warehouse/storage areas, service and loading facilities, mechanical equipment rooms, mezzanines, lunchrooms and washrooms. The combination of commercial GFA and all accessory uses is known as total floor area (ie. all floor space within a building). For the purposes of conformity with the above policy and for reasons of consistency, a comparison of the existing supermarket GFA to the proposed supermarket GFA has been analyzed. According to the most recent floor plate calculations submitted by Sobeys, the total floor area proposed for the Foodland store is 3,024 sq m (32,551 sq ft). Once the accessory uses in the store are excluded from the calculation, the GFA equals 2,299 sq m (24,747 sq ft). By comparison, the GFA of the existing Foodland supermarket is 998 sq m (10,743 sq ft), thus the net increase in GFA from the existing supermarket to the proposed supermarket is 1,301 sq m (14,004 sq ft). Accordingly, I concur with MHBC that the proposal would not trigger the need for a Retail Market Impact Study. The proposed secondary commercial pad buildings are intended to be used for service commercial uses in compliance with the existing DC zoning permissions and, therefore, no new retail commercial uses are proposed beyond the existing zoning permissions that would contribute to the aforementioned GFA. As per Sections 3.8.3.1 ii) and iii), a traffic impact study is required to demonstrate that: the traffic volumes generated by the proposal can be supported by the existing or proposed transportation network; that adequate off-street parking, service and loading areas will be provided for all uses; and, that access points to and from the development shall be limited in number and designed in a manner which will minimize the danger to both pedestrian and vehicular traffic. A Traffic Impact Study (TIS) was prepared by the BA Group in July of 2015 and updated with an Addendum Report on November 8, 2016 which concluded that the road network, access points, and signalized intersections can suitably accommodate existing and planned traffic volumes, and meet current traffic operational standards for the re-development of the site. Improvements to Patterson Street will be implemented Page 8
as a condition of the Development Agreement at the Site Plan Review stage to facilitate higher traffic and service loads. Notwithstanding this, concerns were expressed by the Director of Public Works and members of the Planning & Sustainability Advisory Committee (PSAC) regarding the location and operation of the southern driveway as a full movement access, and the potential traffic conflicts it might create, particularly with respect to vehicles exiting the site and the proximity of the abutting restaurant exit driveway to the immediate south. It has been suggested that the southern driveway should be reverted to an entranceonly, or that the driveway be re-located farther north. Sobeys has been advised of these concerns and will be conducting further traffic and site access evaluations in the coming weeks. Given the development application that is the subject of this report relates specifically to land use changes (ie. zoning), and that driveway access and other transportation issues are technical matters under the purview of Site Plan Control pursuant to the Planning Act, the Town s concerns should not negatively affect the continuation of the re-zoning process to permit an expanded supermarket and secondary service commercial uses on the subject lands. It is, however, incumbent on Sobeys to undertake the requisite investigations and appropriately respond to the Town s concerns prior to Sobeys finalizing the site plans and Council s consideration of Site Plan Approval and removal of the Holding (H) Symbol. Section 3.8.3.1 iv) of the OP relates to compatibility and integrating the development into the existing neighbourhood, particularly residential areas. A Noise Impact Assessment was undertaken by J.E. Coulter & Associates in July of 2015 to address noise generated by the proposed roof-top HVAC systems and new loading area at the east side of the building. Special rooftop screening mechanisms are to be employed as well as a special design for the loading area, whereby the service vehicles will only operate within an enclosed compound with an automatic roll-up door. The size, scale and orientation of the proposed development as shown in Schedule B are appropriate within its surrounding context. Buffering in the form of landscaping and fencing has been proposed along the eastern property limit abutting the existing residential neighbourhood. Site illumination has been studied by way of a Photometric Site Plan which demonstrates that light spillover will be mitigated and that adjacent properties will not be negatively affected. In addition, a community open house was convened by Sobeys in 2016 whereby neighbouring residents and landowners had an opportunity to review the plans, ask questions and raise concerns regarding the proposal. This privately-initiated open house led to certain revisions to the design, including the implementation of an enhanced buffering plan comprised of a retaining wall, noise fencing, and additional landscaping along the east property line abutting the residences. Overall, the proponents have demonstrated a willingness to ensure that the development will be compatible with adjacent land uses. Page 9
Community & Urban Design The Community Improvement and Design policies of Section 5.0 of the Official Plan are to be used in conjunction with the approved Urban & Landscape Design Guidelines, 2010. A detailed overview and analysis of the Community Design and Improvement policies and the Urban and Landscape Design Guidelines was conducted by MHBC (see pgs 10-12 of the MHBC Planning Justification Report in Appendix 1 and the Urban Design Brief in Appendix 2) and planning staff. In general, the Town s design provisions direct that new development is to be designed to reflect the transitional context of the street and create high quality streetscapes, with buildings oriented to the roadways to create a strong street edge and a more urban feel, and an integrated pedestrian network for convenient, safe travel between/within the public and private realm. New development should take into account sustainable site design standards, such as environmental and energy efficient building design features, porous surface treatments and other low impact development stormwater systems, and smart landscaping (xeriscaping). The proposed Foodland site design shifts building mass to the streets to improve the public street edge and enhance the curb appeal, which is complemented through the use of extensive landscaping and decorative features. Appropriate measures are also being employed to buffer sensitive (residential) land uses in the vicinity of the subject lands. In addition, a fully-accessible pedestrian network connects the public sidewalk to the primary buildings and facilitates safe movement internally through the use of dedicated pedestrian avenues, and is transit-supportive. The proposed development will incorporate various sustainable design features, including LED lighting, lighting motion sensors, white roof, hot water re-circulation lines, refrigerator heat re-claim systems, a modified HVAC system design, low flush toilets, and xeriscaping (low water usage). The proposed stormwater management system also features an underground infiltration system to treat a large portion of runoff on-site, which is recognized as a form of Low Impact Development (LID). Following a review of the existing policy framework, it is the opinion of both MHBC and this writer that the proposed Zoning By-law Amendment conforms to the existing, approved Official Plan, maintains the intent of the adopted but not approved amendment to the Official Plan, and satisfies the applicable provisions of the Urban and Landscape Design Guidelines. While many of the Town s policies and guidelines relate to building design, orientation and architectural detailing, these technical detail matters are addressed through conditions of Site Plan Approval and a Development Agreement. Page 10
4.5 Zoning By-law: The entire site is currently zoned District Commercial (DC) Zone in Comprehensive Zoning By-law No. 85-2003. The DC Zone permits a wide array of service commercial uses that benefit from exposure onto major arterials, like Division Street, however a supermarket use is not permitted. The existing supermarket is considered legal nonconforming to the DC Zone, as it was legally established before the applicable zone provisions came into effect. It is proposed that the Zoning By-law be amended to change the zone category of the commercial block to a site specific District Commercial Exception (DC-x) Zone category. In all other respects, the proposed development satisfies all other applicable provisions of the Zoning By-law. A Holding (H) Symbol is proposed to be affixed to the site specific DC Zone to ensure that all municipal and agency terms and conditions are satisfied prior to final approval by Council and commencement of construction. In summary, it is my opinion that the proposed amendment to the Zoning By-law conforms to Provincial and Municipal policies, is an appropriate and desirable use of land and represents good planning. 4.6 Agency Comments: The Town of Cobourg Development Review Team (DRT) has expressed no concerns with respect to the proposed land use change (ie re-zoning application), subject to applicable conditions of Site Plan Approval and the execution of a Development Agreement. One of the key issues that requires further investigation, however, is traffic impact associated with the re-development of the site and, specifically, the location and function of the south driveway. Sobeys has committed to undertake a further investigation of transportation issues in response to the Town s concerns as part of the application for Site Plan Approval. Any agency comments will be made available at the Public Meeting. 5.0 CONCLUSIONS Based on an evaluation of the applications relative to the applicable Provincial and Municipal policy and regulatory framework, it is my opinion that the proposed amendment to the Zoning By-law is appropriate, desirable and represent good planning for the following reasons: i) The proposal will satisfy the key directives of the Planning Act, Provincial Policy Statement, Places To Grow Growth Plan, County of Northumberland Official Plan and the Town of Cobourg Official Plan; ii) The proposed commercial development conforms to the community design policies and guidelines of the Official Plan and Urban and Landscape Design Guidelines; Page 11
i) The land use application would result in a desirable and orderly land use and development pattern on full municipal services and is transit-supportive; ii) iv) The proposed commercial development is of a size, scale and design which is compatible with adjacent land uses and is appropriate for this high traffic, high exposure arterial location; Site development performance issues, including but not limited to traffic and site access, urban and community design, servicing, grading, landscaping, fencing, financials and other municipal requirements, will be addressed as part of the Site Plan Approval process and prior to final approval of the development by Council. A Holding (H) Symbol will be included in the implementing zoning by-law to ensure that all relevant municipal and agency terms and conditions are secured prior to the removal of the H and construction commencing. Page 12
Schedule A Location Map Page 13
Schedule B Site Plan Page 14
Schedule C Landscape Plan Schedule D Page 15
Schedule D Elevations Page 16