PLANNING AND HERITAGE COMMITTEE ADDENDUM

Transcription

1 November 14, Call to Order: PLANNING AND HERITAGE COMMITTEE ADDENDUM Motion by THAT the Addendum to the November 14, 2017 Planning and Heritage Agenda, be added to the Agenda as printed. 5.0 Report of the Manager of Development Services: 5.4 Planning Report on Zone Change Application Z04-17, 19 and 21 Market Place Attachment - Management Report PLA dated November 14, 2017 Attachment Public Meeting Minutes dated October 23, 2017 Staff Recommendation: THAT the application Z04-17 to amend the Central Commercial C3 Zone at 19 and 21 Market Place, located on the south side of Market Place between Downie Street and Wellington Street, to a Central Commercial Special Provision Holding C3-10- H Zone to permit a brewery to a maximum floor area of 180 m² with a holding provision requiring confirmation of the adequacy of municipal services BE APPROVED for the following reasons: no public concerns with the proposed amendment were received; the request is consistent with the Provincial Policy Statement and conforms to the Official Plan; and Breweries of similar size and scale have located elsewhere in the Downtown Core with no nuisance complaints being received. Motion by THAT Strengthening Our Community: Attracting People and Investment"

2 Infrastructure and Development Services Department MANAGEMENT REPORT Date: November 14, 2017 To: Planning and Heritage Committee From: Jeff Leunissen, Manager of Development Services Report#: PLA Attachments: None Title: Planning Report on Zone Change Application Z04-17, 19 and 21 Market Place Objective: The purpose of this report is to provide staff s evaluation and recommendation on the zone change application submitted by R. Ritz Architect, on behalf of Larson Holdings Inc., to amend the current Central Commercial C3 Zoning at 19 and 21 Market Place by adding a brewery as a permitted use with associated retail sales. Background: Subject Site: The application affects the property with the municipal address of 19 and 21 Market Place which is located on the south side of Market Place between Downie Street and Wellington Street. The property is legally described as Pt Blk B, Lot 14, Pt Lots 13 and 15 Plan 87 and has 6.4 m of frontage and an area of m 2. Page 1

3 Location and Zoning Map C3 Page 2

4 19 and 21 Market Place Site Characteristics: Existing Use: Mixed use - dwelling units, office, retail and vacant areas Frontage: 6.4m (21ft) Depth: 27.43m (90ft) Area: m 2 (1889.6ft 2 ) Shape: Rectangular Surrounding Land Uses: North: City Hall and Market Square (City owned lands) East: Art Gallery (Commercial) West: Office (Commercial) South: Restaurant (Commercial) Page 3

5 Agency Comments Circulation of the application to various agencies produced the following comments to date (October 16, 2017): City of Stratford Infrastructure and Development Services Department Engineering Division The Engineering Department has reviewed the notice of zone change and notes the following comments and concerns: The applicant must video their sanitary service, provide a copy of the video to the City, and confirm that it is not shared with 17 Market Place. The applicant must provide estimated flows for the proposed use and confirm that their service is sized properly. The applicant will be responsible for all costs that may be incurred in order to separate their existing service from their neighbour s service if necessary, or install a new service if required. The applicant must confirm that a new water service is not required for the proposed use. City of Stratford Infrastructure and Development Services Department- Building Division 1. Building Code Classification for a Brewery is a Medium Hazard Industrial F2 Occupancy. 2. A Building Code Division B, Part 10/11 Change of Use Report will be required to accompany a full set of drawings at the time of building permit application. 3. The Building Area as defined in the Building Code is required to be verified and clearly indicated on the drawings. (see definition below) Building area means the greatest horizontal area of a building above grade, (a) within the outside surface of exterior walls, or (b) within the outside surface of exterior walls and the centre line of firewalls. It is possible for the proposed brewery to be classified as a Low Hazard Industrial F3 Occupancy if certain criteria are met. The applicant believes they can meet the criteria. The classification of the use will be determined at the building permit stage. City of Stratford Fire Department No issues or concerns at this time. Upper Thames River Conservation Authority No objection. Page 4

6 Public Comments Notice of the application was circulated to abutting property owners. Notice was also published in the Beacon Herald on September 23, No public input has been received in response to these Notices. The Public Meeting was held on October 23, 2017 and one individual spoke. The individual stated he was pleased with the attempts to preserve the heritage of the building and supported efforts to make the use accessible. Analysis: Provincial Policy Statement Every planning decision in the Province of Ontario shall be consistent with the Provincial Policy Statement which came into effect on April 30, Healthy and livable communities are sustained by accommodating a mix and range of uses to meet the long term needs of the population and by avoiding development and land use patterns which may cause environmental or public health and safety concerns. The land use compatibility policies in section require major facilities and sensitive land uses to be planned, designed, buffered and/ or separated from each other to prevent or mitigate adverse effects from odour, noise and other contaminants and to minimize the risk to public health and safety. A brewery could be considered a major facility; however, based on the size of the subject lands and the proposed floor area of the brewery, this brewery would not classify as a major facility. Further, information submitted by the applicant to the Chief Building Official demonstrates it is possible for the brewery use to be classified as a Low Hazard Industrial Use F3 occupancy. Staff believe it is possible for a brewery to be a compatible use and of the proposed use to be consistent with the PPS if it is limited in scale. Limiting the scale will result in a use which exhibits similar impacts (odour, noise, delivery of materials) to other uses found in the Downtown Core, including other small-scale breweries. Official Plan Designation The property is designated as Downtown Core in the Official Plan. The Downtown Core permits a wide range of retail, commercial, residential and institutional uses. Additional permitted uses such as small scale, unobtrusive manufacturing are permitted subject to a Zoning By-law Amendment. In accordance with the Downtown Core policies, Council has previously considered two site specific zone change applications to permit small-scale breweries. In both cases the requested zoning was successful to permit the brewery use. Council deemed these uses to conform to the policy because they were limited in scale and were not expected to result in adverse or nuisance impacts. These other breweries have not created nuisance impacts (odour, noise, delivery vehicles, etc.) on surrounding lands uses. The future tenant and the agent have noted that there will not be odours created during fermentation and that venting will be from the brew kettle during the brewing of beer only. The boiler used to heat the brew kettle and that noise from the production of the beer will be minimal and not heard outside the building. Based on the size and scale of the proposed Page 5

7 brewery, it is considered to be an unobtrusive manufacturing use and in conformity with the Official Plan. In order to ensure conformity with the Downtown Core policies, it is recommended that the floor area of the brewery be limited to the basement and first floor of the building to a maximum of 180 square metres to ensure that it remains an unobtrusive manufacturing use. The property is identified on Appendix I of the Official Plan as being within the Downtown Core Heritage Conservation District and is designated under Part V of the Ontario Heritage Act. Section of the Official Plan outlines that development in Heritage Conservation Districts shall be reviewed in the context of the applicable Heritage District Plan and may require a heritage alteration permit if any alterations or changes to the appearance of the property and buildings are to be made. Conversion of the interior of the building to a brewery does not constitute development and is not subject to the Heritage Conservation District requirements. The owner of the lands is proposing alterations to the exterior of the building. Specifically, he is proposing altering the entrance. Such alterations are subject to the Heritage Conservation District requirements and for this reason he has submitted a Heritage Alteration Permit. To date the permit has not been approved. The Heritage Stratford Permit Review Committee did not support the Heritage Alteration Permit as submitted, and at the request of the applicant and in accordance with the Council policy on permits in the Heritage Conservation District, this matter was submitted to Planning and Heritage Sub-committee on October 26, Sub-Committee recommended the matter be referred back to the Permit Review Committee to attempt to resolve the issues. The agent is meeting with the Permit Review Committee on Tuesday, November 14, Staff believe reaching a consensus on the Heritage Alteration Permit is possible, but if no consensus can be reached, staff will advise the Planning and Heritage Sub-Committee. Section 7.3 of the Official Plan requires that all urban uses shall only be permitted where the water and sanitary sewer systems have adequate capacity to service the use. The Engineering Division commented that they need additional information to verify that the condition and size of the existing services are sufficient to accommodate a brewery. The applicant has not provided the Engineering Division with sufficient information to address these concerns to date. The applicant has confirmed they have no issues providing the information to the Engineering Division if the use is permitted. Section iv) Holding Provision, of the Official Plan allows for the application of a Holding Provision where the lands are deemed appropriate for development, but that the provision of sewer and/or waters services have not yet been resolved. In this instance, application of a Holding Provision is considered warranted because Engineering Division requires confirmation of services and the applicant has requested the issue of zoning be resolved prior to undertaking the videoing of the sewer and confirming flows. Page 6

8 Zoning By-Law The lands are currently zoned Central Commercial C3 in By-law which permits a broad range of uses including apartment dwellings, business offices, clinics, gas bars, hotels, inns, motor vehicle sales and service establishments, restaurants, retail stores, liquor licensed establishments and warehouse establishments. The requested zoning would add a brewery as a permitted use. Other breweries of a similar size and scale have been permitted within the Central Commercial zone by a site specific amendment and no complaints have been received to date regarding these uses. In order to ensure a brewery use does not create nuisance impacts on surrounding land uses, staff recommend it be limited to a maximum floor area of 180 m². This would result in a brewery that is similar in scale to other permitted uses in the Central Commercial C3 Zone and meets the needs of the applicant. As noted above, a Holding Provision is recommended to be applied to ensure a brewery does not operate until the adequacy of municipal services has been confirmed. Public Notice It is Council policy to send a Notice of Consideration 14 days in advance of a planning report being submitted for consideration to individuals who respond in writing to a Notice of Application or to individuals who speak at the Public Meeting. In this instance, no Notice of Consideration was circulated. Staff contacted the individual who spoke at the meeting and he has no objection to this matter being submitted to the November 14, 2017, Planning and Heritage Committee. Financial Impact: No additional claims or expenses are expected as a result of this application. Staff Recommendation: THAT the application Z04-17 to amend the Central Commercial C3 Zone at 19 and 21 Market Place, located on the south side of Market Place between Downie Street and Wellington Street, to a Central Commercial Special Provision Holding C3-10- H Zone to permit a brewery to a maximum floor area of 180 m² with a holding provision requiring confirmation of the adequacy of municipal services BE APPROVED for the following reasons: I. no public concerns with the proposed amendment were received; II. the request is consistent with the Provincial Policy Statement and conforms to the Official Plan; and III. Breweries of similar size and scale have located elsewhere in the Downtown Core with no nuisance complaints being received. Page 7

9 Prepared by: Rachel Tucker, Planner Recommended by: Jeff Leunissen, MCIP, RPP Manager of Development Services Rob Horne, Chief Administrative Officer November 14, 2017 Page 8

10 Draft By-law Being a By-law to amend By-law as amended, with respect to zone change application Z04-17 by Larson Holdings Inc., to amend the Central Commercial C3 zoning on Market Place, located on the south side of Market Place between Downie Street and Wellington Street. WHEREAS authority is given to the Council of The Corporation of the City of Stratford by Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, to pass this bylaw; AND WHEREAS the said Council has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act; AND WHEREAS the Council of The Corporation of the City of Stratford deems it in the public interest that By-law , as amended, known as the Zoning By-law, be further amended. NOW THEREFORE BE IT ENACTED by the Council of The Corporation of the City of Stratford as follows: 1. That Schedule A, Map 5 to By-law as amended, is hereby amended: by changing from Central Commercial C3 Zone to a Central Commercial Special Provision Holding C3-10-(H) Zone, those lands outlined in heavy solid lines and described as Central Commercial C3-10-(H) Zone on Schedule A, attached hereto and forming part of this By-law, and more particularly described as Pt Blk B Lot 14, Pt Lots 13 and 15 Plan 87 and known municipally as Market Place. 2. That By-law as amended, be further amended by adding section being the Exceptions of the Central Commercial Zone with the following: a) Defined Area (19-21 Market Place) C3-10-(H) as shown on Schedule A, Map 5 b) Permitted Uses Page 9

11 brewery all other uses permitted in the C3 zone c) Maximum floor area: brewery 180 m 2 d) Holding Provision the holding provision (H) shall apply to the subject lands as outlined by Schedule A, hereto. the (H) shall not be removed for the subject lands until servicing has been addressed to the satisfaction of the City of Stratford Engineering Division for the lands outlined in Schedule A hereto. Until such time as the (H) is removed, only uses defined in section 14.1 are permitted on the property. 3. To be completed by the Clerks Department. Page 10

12 Schedule A to By-law Market Place Page 11

13 CITY OF STRATFORD PUBLIC MEETING MINUTES A PUBLIC MEETING was held on Monday, July 24, 2017 at 6:13 p.m. in the Council Chamber, City Hall, Stratford to give the public and Council an opportunity to hear all interested persons with respect to Zone Change Application Z03-17 regarding property with the municipal address of 865 Ontario Street, City of Stratford. COUNCIL PRESENT: Mayor Dan Mathieson - Chair presiding, Councillors Brad Beatty, George Brown, Tom Clifford, Bonnie Henderson, Graham Bunting, Danielle Ingram, Frank Mark, Kerry McManus, Martin Ritsma and Kathy Vassilakos. REGRETS: Rob Horne Chief Administrative Officer, Jacqueline Mockler Director of Human Resources STAFF PRESENT: Andre Morin Director of Corporate Services, Ed Dujlovic - Director of Infrastructure & Development Services, David St. Louis - Director of Community Services, John Paradis Fire Chief, Joan Thomson City Clerk, Tatiana Dafoe Deputy Clerk, Rachel Tucker City Planner, Nancy Bridges Recording Secretary. ALSO PRESENT: Members of the public, Media. Mayor Mathieson called the meeting to order and stated that the purpose of the meeting is to give Council and the public an opportunity to hear all interested persons with respect to the Zone Change Application Z03-17 regarding property with the municipal address of 865 Ontario Street. Mayor Mathieson explained the order of procedure for the public meeting. STAFF PRESENTATION: Rachel Tucker, City planner, outlined the report and described the area in question at 865 Ontario Street. She noted that the zone change application requests approval for additional permitted uses up to a maximum of 1,000 m². Currently the site is zoned to permit a supermarket and gas bar. The requested zoning would allow the following: - Business office - Clinic - Financial institution - Liquor licensed establishment - Neighbourhood store - Personal care establishment

14 2 - Personal service establishment - Professional office - Recreational entertainment establishment - Restaurant - Retail - Specialized medical offices - Verterinarian clinic Staff indicated that they did not receive any comments from the public. She further described the proposed building size and noted that the use is unknown at this time and that there is excess parking on site for the proposed development. APPLICANT PRESENTATION: Dave Hannam, from Zelinka Priamo Ltd., outlined the details of the zone change application. He noted that since 2013 there has been a change in ownership of the property at 865 Ontario Street and the applicant would like to explore options to make better use of the space. The proposed building would be one (1) storey up to a maximum of 6,200 square feet. There would be changes to the parking and curbing layout and it is believed that there would still be space to accommodate the supermarket s annual garden centre. The proposed building would accommodate from 1-3 tenants, although no specific uses have been set. The applicant would like to make use of the underutilized portion of land and they don t expect any significant problems with surrounding businesses. QUESTIONS FROM COUNCIL: Councillor Ingram inquired about the apparent drive-thru lane on the drawing. Mr. Hannam indicated that no specific uses have been determined but they wanted the drawing to include a possible drive-thru for information purposes. Councillor Henderson asked for clarification on which side of the building the entrances would be. Mr. Hannam noted they would be on the South side of the building. Councillor McManus requested clarification on the possible automotive use. Mr. Hannam clarified that this meant automotive, such as a drive-thru. QUESTIONS FROM PUBLIC: There were no questions or comments from the public.

15 3 There were no further questions or comments from Council. Mayor Mathieson thanked the presenters and stated that Council intends to consider this application at a future Planning and Heritage Committee meeting where members of Committee will have an opportunity for full discussion of the application after reviewing comments received from the public at this time. Mayor Mathieson adjourned the meeting at 6:25 p.m. Requests to receive further information, as indicated on the form at the public meeting on July 24, 2017 were received from the following: None