AGENDA COMMITTEE OF ADJUSTMENT PROFESSIONAL CENTRE RD AVENUE EAST - SUITE 220, ROOM 4 DECEMBER 19, :00 PM

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1 AGENDA COMMTTEE OF ADJUSTMENT PROFESSONAL CENTRE RD AVENUE EAST - SUTE 220, ROOM 4 DECEMBER 9, 207-3:00 PM CALL TO ORDER 2 ADDTONAL TEMS 3 DSCLOSURE OF PECUNARY NTEREST AND THE GENERAL NATURE THEREOF 4 CONFRMATON OF MNUTES 3-3 4a Minutes of the Committee of Adjustment meeting held on November 2, CORRESPONDENCE RECEVED FOR WHCH DRECTON S REQURED 6 ANNOUNCEMENT BY THE CHAR Please be advised that the Planning Act of Ontario indicates that if anyone other than the applicant or agent wishes to receive notice of the decision of the Committee of Adjustment, or in the event that the Committee defers its decision notice of further proceedings respecting the application, such person or persons must leave their names and addresses in writing with the Secretary- Treasurer of the Committee prior to leaving the hearing n addition, any person has the right to appeal the decision of the Committee of Adjustment within the defined appeal period More information concerning how to appeal a decision of the Committee of Adjustment to the Ontario Municipal Board may be obtained from the Community Services Department (Planning Division) in City Hall 7 APPLCATONS a Application File No A0/207 by Heritage Grove Centre nc 8 OTHER BUSNESS 9 CORRESPONDENCE RECEVED WHCH S PRESENTED FOR NFORMATON 0 NEXT MEETNG Page of 37

2 Committee of Adjustment Agenda - December 9, 207 ADJOURNMENT Page 2 of 37

3 AGENDA TEM#:4a MNUTES COMMTTEE OF ADJUSTMENT PROFESSONAL CENTRE RD AVENUE EAST - SUTE 220, ROOM 4 NOVEMBER 2, 207-3:00 MEMBERS PRESENT: MEMBERS ABSENT/REGRETS: STAFF PRESENT: Rick Beaney, Chair Ruthann Carson Rick Holland George Mackowski Bernie Fishman Margaret Potter, Community Planner Alex Rousselle, Chief Building Official Dana Goetz, Engineering Technologist Justin Teakle, Secretary-Treasurer Scott Wilson, Planning Student CALL TO ORDER The Chair called the meeting to order at 2:58 PM 2 ADDTONAL TEMS Community Planners introduced the new Chief Building Official, Alex Rousselle, to the Committee 3 DSCLOSURE OF PECUNARY NTEREST AND THE GENERAL NATURE THEREOF There was no disclosure of pecuniary interest 4 CONFRMATON OF MNUTES a Minutes of the Committee of Adjustment meeting held on September 26, 207 Moved by George MacKowski "THAT the minutes of Committee of Adjustment meeting held September 26, 207 be approved as printed" Carried Page 3 of 37

4 AGENDA TEM#:4a Committee of Adjustment Meeting Minutes - November 2, CORRESPONDENCE RECEVED FOR WHCH DRECTON S REQURED There was no correspondence received 6 ANNOUNCEMENT BY THE CHAR Please be advised that the Planning Act of Ontario indicates that if anyone other than the applicant or agent wishes to receive notice of the decision of the Committee of Adjustment, or in the event that the Committee defers its decision notice of further proceedings respecting the application, such person or persons must leave their names and addresses in writing with the Secretary- Treasurer of the Committee prior to leaving the hearing n addition, any person has the right to appeal the decision of the Committee of Adjustment within the defined appeal period More information concerning how to appeal a decision of the Committee of Adjustment to the Ontario Municipal Board may be obtained from the Community Services Department (Planning Division) in City Hall 7 APPLCATONS a Application File No B09/207 by Michael and Karen Kreuzer The applicant proposes to sever a parcel of land for the purpose of lot addition The severed parcel is irregular in shape and has approximately 95 m of width, 48 m of depth, and 3965 sq m of area The severed parcel will be conveyed to the adjacent lands to the north which contain an existing single detached dwelling The retained parcel is irregular in shape and has approximately 40 m of frontage on 4th Street W, 82 m of depth, and 356 sq m of area No new lot would be created by this application The Secretary-Treasurer confirmed that the lands subject of this application are designated "Residential" and "Hazard Lands" and zoned "Medium Density Residential" (R4) and "Hazard Lands" (ZH) He further advised that correspondence with comment received from the Engineering Services Division, the Grey Sauble Conservation Authority, Union Gas, and the County of Grey were attached to the agenda package, which was published prior to the hearing The Community Planner summarized the proposal and staff report CS referring to a PowerPoint presentation for site photos and submitted plans to provide context She explained that the consent application is for the purpose of lot addition and that no new lot will be created She further noted that: The proposal is consistent with the Provincial Policy Statement (PPS) and the Official Plan The Official Plan directs the City to obtain Hazard Lands through the development process, however since no development is Page 4 of 37

5 AGENDA TEM#:4a Committee of Adjustment Meeting Minutes - November 2, 207 proposed at this time and there is limited adjacency to City lands, conveyance of Hazard Lands to the City would not be appropriate at this time The two resulting lots will meet the regulations of the Zoning Bylaw As 4th Street W is being maintained by the City and no new lot is being created, no upgrades to the road allowance are required The Engineering Services Division recommends approval subject to standard condition Staff recommended approval subject to 3 conditions The Chair invited presentations from the applicant and agent Marc Henderson (675 4 th Street W), agent for the application, stated that he did not have a presentation, but would answer any questions The Chair invited presentations from the public and questions from the Committee There were no presentations from the public and no questions from the Committee Moved by George MacKowski "THAT in consideration of staff report CS-7-64 respecting consent application B09/207, by Michael and Karen Kreuzer for property known as 665 4th Street W, the Committee approves the consent as the Committee concludes that it maintains the general intent and purpose of the Official Plan and Zoning By-law subject to the following conditions: ) That the applicant submit to the Secretary-Treasurer of the Committee of Adjustment a legal description of the subject lands which will meet the requirements of the Registrar and request in writing (either through presentation of deeds for stamping or a written statement) from the Secretary-Treasurer of the Committee of Adjustment a certificate of consent, provided however that before the said certificate is issued, any other conditions imposed by the committee have been fulfilled to the satisfaction of the Secretary-Treasurer 2) That the applicant provide written evidence to the satisfaction of the Secretary-Treasurer that the severed parcel will be transferred to the same registered owner as the abutting lands such that the severed parcel shall merge therewith a and further that the Secretary-Treasurer be directed to issue a certificate of consent stating that Section 50(3) or (5) of the Planning Act 990 (as the case may be) shall apply to any subsequent conveyance or transaction involving the identical parcel and the applicant provide an undertaking to apply to the land registrar to consolidate the parcels in the land registry system within a Page 5 of 37

6 AGENDA TEM#:4a Committee of Adjustment Meeting Minutes - November 2, 207 reasonable time after registration and to provide the Secretary- Treasurer with written evidence of the consolidation 3) That the applicant share with the owner of the abutting lands the attached comments from Grey Sauble Conservation Authority noting the location of the Hazard Lands and the area regulated by OReg 5/06" Carried b Application File No A09/207 by Grey Bruce Property Rentals The applicant is currently restoring an existing 0 unit apartment building that was destroyed by fire and is proposing to add 4 additional dwelling units within the building The applicant is requesting relief from Zoning By-law , as amended, on the minimum number of offstreet parking stalls The minimum required number of off-street stalls is 5, including barrier free parking stall There are 0 existing parking stalls A variance of 5 parking stalls, including barrier free parking stall, is being requested on the minimum required number of off street parking stalls The Secretary-Treasurer confirmed that the lands subject of this application are designated "Residential" and zoned "General Residential" (R5) He further advised that correspondence with comment received from the Engineering Services Division; the County of Grey; the Chief Building Official; Daniel Krieger; Jody Johnson and Jamie Pettit; and was attached to the agenda package, which was published prior to the hearing Comments from Sheryl Taylor received after the agenda was published were provided in hardcopy to the Committee and read aloud The Community Planner summarized the proposal and staff report CS referring to a PowerPoint presentation for site photos, aerial photos, and submitted plans to provide context She noted that the applicant is currently restoring the apartment building and that the subject property has an existing encroachment agreement and parking agreement with the City She further noted that: A new 4 unit apartment building of the same size would require even more than 5 parking spaces New dwelling units must meet current standards which requires 5 parking stalls for 4 units The Engineering Services Division does not support the variance as requested and can only support a reduction of parking stall without a barrier free space and 4 stall provided off site A Building Permit will be required to create the 4 new units Snow storage and garbage is a property standards matter n terms of the need for affordable housing, there are currently 580 families or people in Owen Sound on a waiting list for affordable housing Page 6 of 37

7 AGENDA TEM#:4a Committee of Adjustment Meeting Minutes - November 2, 207 Parking is the only zoning deficiency as a result of the proposed intensification and is also a requirement of the Official Plan for intensification The property is outside of the downtown core and its amenities o cash-in-lieu cannot be accepted for deficient parking stalls The property is in proximity to an Arterial Road, bicycle route, walking trails, transit, parks and the Harry Lumley Bayshore Community Centre The existing 0 dwelling unit development is considered compliant with the 0 spaces existing by agreement There is no opportunity to create a new barrier-free parking stall on-site The applicant submitted a letter in support of the application advising the lease agreements that spaces for bicycles and scooters will be provided on-site to provide alternative means of transportation and the site is proximate to transit n spite of the applicant's assurances that tenants will not require the parking staff recommend that 4 additional parking spaces be provided elsewhere The Zoning By-law permits parking stalls to be provided off-site within 00m of the subject property o Research from local school boards notes that they consider 800 m to 600 m a walkable distance o Local transit study recommended that 400 m is walkable o t is recommended that the 4 additional spaces be provided within 500m of the subject property Staff recommend modification of the requested minor variance as follows: The applicant is currently restoring an existing 0 unit apartment building that was destroyed by fire and is proposing to add 4 additional dwelling units within the building Relief from Zoning Bylaw , as amended, on the minimum number of off-street parking stalls is required The minimum required number of offstreet stalls is 5, including barrier free parking stall A variance is requested to require a minimum of 4 off-street parking stalls with out a barrier free stall n addition to point already made, staff noted the following in support for modified minor variance: ntensification is supported by the Official Plan and there is no change to the building size or streetscape proposed The property is fully serviced The proposed use is permitted The type of additional unit proposed is in high-demand The subject property is close to transit Additional parking can be provided within walking distance Staff recommended approval of the modified minor variance subject to 3 conditions to require 4 stalls off site by agreement, a building permit to be obtained, and a plan provided indicating bike/scooter parking Page 7 of 37

8 AGENDA TEM#:4a The Chair invited presentations from the applicant Committee of Adjustment Meeting Minutes - November 2, 207 Barry Kruisselbrink, representing applicant Grey Bruce Property Rentals, addressed the Committee and stated that he would answer any questions The Chair invited presentations from the public Jonathan Kepler of 239 7th Street E addressed the Committee He stated that he owns a larger property on the same block as the subject lands and that while all of his 8 units each have parking spaces, fewer than half his tenants use them He further noted that environmental considerations are resulting in fewer people driving and encouraged the Committee to consider the implications of opposing change on a "NMBY" (Not n My Backyard) basis as doing so encourages higher prices and rents Mr Kepler stated that he finds the application as applied for to be reasonable No other members of the public came forward to speak The Chair invited questions from the Committee The Committee asked staff whether the applicant has looked to see if they can provide the 4 additional parking spaces within 500 m of the subject property The Committee also asked whether the parking agreement for the 4 spaces would be registered on title The Community Planner replied to the Committee and stated that there are other underutilized properties including some the applicant owns within 500 m and that any location proposed would have to be to the satisfaction of staff and within the valley below the east hill She further noted that the agreement could be registered on title or alternatively the onus could be placed on the owner to notify the City in the event of any change and ensure provision of the parking over the long-term The applicant also addressed the Committee and confirmed that they own additional properties within 500m of the subject property, but noted that the 4 additional spaces likely will not be used Moved by Ruthann Carson "THAT in consideration of staff report CS-7-66 respecting minor variance application A09/207, by Grey Bruce Property Rentals, for property known as th Avenue E, the Committee approves the application as modified as the Committee concludes that it maintains the general intent and purpose of the Official Plan and Zoning By-law, is minor Page 8 of 37

9 AGENDA TEM#:4a Committee of Adjustment Meeting Minutes - November 2, 207 in nature and desirable for the appropriate use of the property, subject to the following conditions: ) n addition to the 0 parking spaces provided through existing agreement (By-law ), that 4 additional off-street parking stalls be provided not more than 500m from the subject lands subject to a legal agreement to the satisfaction of the City's Public Works and Engineering Services Department (Engineering Services Division) and Community Services Department (Planning Division) 2) That a building permit be obtained for the 4 additional units 3) That prior to the issuance of a building permit for the additional dwelling units, the applicant must provide to the Secretary-Treasurer a site plan showing the location of the proposed scooter and bicycle parking spaces to the satisfaction of the Community Planner" Carried c Application File No A06/207 by Sydenham Properties nc The applicant is currently constructing a residential condominium with a portion of the ground floor commercial on the subject lands Site plan approval was previously granted The maximum permitted building height is 23 metres The proposed building height is 27 metres The applicant is requesting a variance from Zoning By-law , as amended, to permit a maximum building height of 27 m providing for a 7th floor containing 4 dwelling units, a guest suite and amenity space Minor variance (A06/204), was previously approved to permit an increase in height to a maximum of 255 metres Minor variance (A5/206), was previously approved to permit an additional increase in height to a maximum building height of 27 metres As a condition of A5/206, the 7th floor was permitted to be used for a maximum of dwelling unit and amenity space The applicant is proposing to expand the area of the 7th floor and accommodate a total of 4 dwelling units, a guest suite, and amenity space on this level The Secretary-Treasurer confirmed that the lands are designated "Downtown Commercial" and "Hazard Land" and zoned "Core Commercial" (C), Hazard Lands (ZH) and "Special Provision 405" He further advised that correspondence with comment received from the Engineering Services Division was attached to the agenda package published prior to the hearing Comments received from the Grey Sauble Conservation Authority after the agenda was published were provided to the Committee in hardcopy and summarized aloud Page 9 of 37

10 AGENDA TEM#:4a Committee of Adjustment Meeting Minutes - November 2, 207 The Community Planner summarized the proposal and staff report CS referring to a PowerPoint presentation for site photos and submitted plans to provide context She explained the history of past minor variance applications A06/204 and A5/206 and that this application was initiated by the relocation of the gym amenities from the 7th floor to the 2nd floor She further noted that: The maximum building height requested for the entire building is 27m The property is listed on the City's Register of Properties of Cultural Heritage Value or nterest Heritage concerns will be addressed through the site plan control process The Grey Sauble Conservation Authority was consulted at every stage of the application, but formal comments were submitted following the agenda publication, which supported the recommended conditions Buildings over 4 storeys require a rezoning and one has occurred on the property Shadow studies submitted for the variance application are inconsistent with those submitted with previous applications The applicant has stated that this is due to improved technology o 207 studies show more of an impact on buildings to the north, while previous studies showed more of the shadow falling on buildings to the east However, the additional impact by the expanded 7 th floor is minor compared to the shadow cast by the already approved structure Submitted floor plans and elevations show that the 7th floor changes o There will still be some step-back from the west o Most significant change would be at the north end of the building The building will still be below 8 storeys in height Further site plan approval will be required Cash-in-lieu will be required for additional required parking stalls as the site is in the downtown The proposed guest suite is not considered a dwelling unit and does not require an additional parking space The proposal will result in a total of 36 dwelling units on site (previously 34) The proposed uses are permitted by the Zoning By-law and the guest suite is considered accessory, similar to the extra bedroom The holding provision removed from the subject property in 204 required a condition for a geo-technical review and site plan approval The additional 7th floor area will require both the geo-technical study and site plan approval be amended The Community Planner found the application to be minor noting: o There is an existing 7th storey o Most of the shadowing is caused by the existing building Page 0 of 37

11 AGENDA TEM#:4a Committee of Adjustment Meeting Minutes - November 2, 207 o Stepped-back 7th floor on the west side of the building and uncovered balconies on the north side will reduce massing The Community Planner found the application to be desirable noting: o t is in the public interest that the development be completed o The proposal makes use of existing land and infrastructure o A geo-technical study must be submitted to the satisfaction of the Chief Building Official and the Grey Sauble Conservation Authority Staff recommend approval subject to multiple-part condition The Chair invited presentations from the applicant or agent Don Scott, representing agent Cuesta Planning Consultants nc, addressed the Committee and stated that he had a presentation prepared, but felt that most of it would be repetition of what the Community Planner had already addressed He noted that moving the gym to the second floor would be quieter for building residents He also stated that the parking already to be provided should be sufficient, but that the applicant is prepared to pay cash-in-lieu The Chair invited presentations from the public, but there were none The Chair invited questions from the Committee The Committee asked staff where additional people requiring overnight parking could be accommodated in the winter when there is no overnight street parking permitted The Committee also asked whether the Grey Sauble Conservation Authority comments were endorsing the conditions recommended by staff where their comments reference conditions The Engineering Technologist responded that in the winter overnight parking is available in some of the municipal lots downtown The Community Planner confirmed that the Grey Sauble Conservation Authority is endorsing the conditions of the City staff recommendation report Moved by Rick Holland THAT in consideration of staff report CS-7-69 respecting minor variance A06/207, by Sydenham Properties nc for property known as 80 9 th Street E, the Committee approves the application as the Page of 37

12 AGENDA TEM#:4a Committee of Adjustment Meeting Minutes - November 2, 207 Committee concludes that it maintains the general intent and purpose of the Official Plan and Zoning By-law, is minor in nature and desirable for the appropriate use of the property, subject to the following conditions: ) That prior to the issuance of any building permit for the expanded 7 th floor, the following conditions must be met: i That the Site Plan be modified to address the proposed changes to the building and that all conditions of Site Plan approval be fulfilled to the satisfaction of the City's Community Services Department (Planning Division) and Public Works & Engineering Department (Engineering Services Division) This will require an amendment to the Site Plan Agreement at the owner s expense ii That any and all permits as required by OReg 5/06 or any other permission required have been granted to the satisfaction of the Grey Sauble Conservation Authority iii That confirmation be provided that the structure, piles and soils can support the addition to the 7 th Floor be provided to the satisfaction of the Chief Building Official and Grey Sauble Conservation authority iv Cash in lieu of parking must be paid to address the deficiency of 2 parking spaces to accommodate the additional dwelling units proposed 8 OTHER BUSNESS Carried a 208 Committee meeting dates and application deadlines The Committee discussed the proposed application dates and deadlines for 208 Moved by Rick Holland "THAT the 208 Committee of Adjustment Application Addendum and the meeting dates and deadlines therein be approved as printed" Carried 9 CORRESPONDENCE RECEVED WHCH S PRESENTED FOR NFORMATON Page 2 of 37

13 AGENDA TEM#:4a There was no correspondence received Committee of Adjustment Meeting Minutes - November 2, NEXT MEETNG The next regularly scheduled meeting is December 9, 207 if an application is received ADJOURNMENT There being no further business, the Chair adjourned the meeting at 3:55 PM Chair Secretary-treasurer Page 3 of 37

14 AGENDA TEM#:7a Staff Report Report To: Committee of Adjustment Report From: M Potter, Community Planner and J Teakle, Junior Planner Meeting Date: December 9, 207 Report Code: CS-7-85 File No A0/207 Subject: th Street E Heritage Grove Centre nc Recommendations: That in consideration of Staff Report CS-7-85 respecting Minor Variance A0/207 for property known as th St E, the Committee of Adjustment approves the minor variance to permit the construction of a new PetSmart store as the Committee concludes that it maintains the general intent and purpose of the City s Official Plan and Zoning By-law, is minor in nature and desirable for the appropriate development and use of property subject to the following conditions: ) That site plan approval required under By-law be obtained and a development agreement be executed (if required) and securities thereunder be posted (if required) prior to the establishment of any use on the property or issuance of any building permit to the satisfaction of the City's Community Services Department (Planning Division) and Public Works and Engineering Department (Engineering Services Division) 2) That the maximum Gross Floor Area for Miscellaneous Retail may be increased to 5,70 m 2 provided that the category includes a single Pet and Pet Supplies Store having a unit size of not less than,200 m 2 Gross Floor Area 3) Where there is no single Pet and Pet Supplies Store having a unit size of not less than,200 m 2 Gross Floor Area, then the maximum gross floor area for Miscellaneous Retail shall be 4,6455 m th St E A0/207 Page of 0 Page 4 of 37

15 AGENDA TEM#:7a Strategic nitiative: Legislated review process Background: Official Plan: East City Commercial Zoning By-law , as amended: Retail Commercial (C2) Special Provision 489 Proposal: The applicant is requesting relief from Zoning By-law , as amended, to permit the construction of a larger PetSmart store PetSmart, among other stores, is considered Miscellaneous Retail Under Section 489 of the Zoning By-law which applies to the site, a maximum gross floor area of 4,6455 m 2 applies specifically to the Miscellaneous Retail category of retail uses The applicant requests a maximum gross floor area of 5,70 m 2 for Miscellaneous Retail A variance of 5245 m 2 is being requested on the maximum gross floor area for Miscellaneous Retail The site is also subject to a maximum gross floor area of 4,8657 m 2 which applies to all retail uses; no change has been requested to this overall maximum f a new PetSmart store is constructed, any new use proposed for the existing building would be required to comply with the zoning in place including minimum and maximum floor areas for various uses th St E A0/207 Page 2 of 0 Page 5 of 37

16 AGENDA TEM#:7a Site Description: The Heritage Grove Centre property has an area of 76 hectares (88 acres) and is located on the south side of 6 th Street East, just east of 20 th Avenue East The site has been partially developed with retail businesses such as Petsmart, Michaels Craft Store, Winners, Value Village, Dollar Tree and Princess Auto The property is a corner lot with frontage on 6 th Street and 20 th Avenue East Surrounding Land Uses: North: Vacant industrial and commercial lands; South: vacant land, hazard land, residential dwelling; East; vacant land, hazard land; West; Home Depot, Walmart and other commercial uses Analysis: Comments: The Engineering Division has indicated no objection to the application Provincial Policy Statement (PPS): The Provincial Policy Statement (PPS) was reviewed with regard to the proposed application for a Minor Variance The Provincial Policy Statement (PPS) directs growth to settlement areas, promotes a mix of land uses within settlement areas that efficiently use land and resources, infrastructure and public services, and encourages intensification on lands with existing servicing Long term economic prosperity is to be supported by, among other mechanisms: promoting opportunities for economic development and community investment-readiness; and, maintaining and, where possible, enhancing the vitality and viability of downtowns and mainstreets The subject lands are located within a settlement area, in an area of the City designated for commercial use The site is fully serviced With respect to economic prosperity, the site has specific zoning regulations on the amount and type of retail and service commercial floor areas divided by very specific categories These regulations are the result of a site specific zoning request and Ontario Municipal Board Hearing The proposed change to the zoning will be assessed in full below th St E A0/207 Page 3 of 0 Page 6 of 37

17 AGENDA TEM#:7a The Official Plan is the most important vehicle for implementing the PPS An Official Plan Amendment is not required The proposal is consistent with the direction provided by the PPS Official Plan: The subject site is located within the Sydenham Heights Phase Planning Area and designated East City Commercial in the City of Owen Sound Official Plan The southerly portion of the overall property is designated Residential and Hazard Land The variance application applies only to the East City Commercial portion of the property The East City Commercial area is intended to function as the main eastern entrance to the City and is intended to accommodate large format retail uses requiring relatively large sites Permitted uses include large format retail and service commercial as well as smaller scale retail on underutilized or infill type lots, among other uses The proposed use of the lands for a PetSmart store, being categorized as Miscellaneous Retail is permitted as has been established through the site specific zoning n order to sustain the planned function for the East City Commercial area, the Official Plan (section 4428) provides that the City may limit the minimum and maximum gross floor area of any permitted use through the City s Zoning By-law This has been done through the site specific zoning for the lands A rezoning of the East City Commercial designation or an expansion to the East City Commercial designation for retail and service commercial uses would be required to meet certain tests assigned in section 4429 of the Official Plan, including: a) A market analysis of the need for the proposed development and the impact of the proposed use on the commercial structure of the City and the Region, including all commercial areas within and close to the City Such a study shall confirm that: i Designated commercial property, suitable for the intended scale and type of development is not available within the Downtown Area ii Available commercial property in the Downtown is not economically viable for the intended scale and type of development th St E A0/207 Page 4 of 0 Page 7 of 37

18 AGENDA TEM#:7a iii The proposed increase in commercial floor space will not be premature by increasing the amount of commercial floor space in the City beyond the 5 year market demand iv The proposed development will not undermine the economic viability or planned function of a significant commercial component of the Downtown or impair the function of a designated commercial district as identified in this Plan b) An assessment of the traffic, land use, ecological and servicing impacts of the proposed use, including recommended infrastructure improvements necessary to accommodate the proposed use c) Site development information to ensure high quality urban design, safe access, on-site environmental controls, store size and function, and similar information necessary to assess the impact of the use on the area The proposal does not request any new uses nor an expansion to the East City Commercial designation A rezoning has not been requested As such, the tests of this section are considered in terms of overall conformity with the Official Plan Based on historic market research (Heritage Grove Centre Market Review by urbanmetrics, 204), the majority of retail and service commercial units in the downtown area less than 465 sq m (5,000 sq ft) whereas the existing PetSmart is 5574 sq m and the proposed store is approximately 3936 sq m (a difference of 8362 sq m) The Downtown Area would have limited capacity for such a store and would not be suitable for what is effectively the expansion of a store that already exists in another node A larger store is more in keeping with the planned function of the East City Commercial Area for large format retail The applicant has indicated that given a rezoning is not required or proposed, and that the proposal would facilitate only the expansion of an existing use and an existing retail store, the proposal would not have any discernable impact on the commercial structure of the City and the Region, including the Downtown (Letter from Walter Hugo, November 7, 207) As such, a further market analysis was not provided According to NACS, PetSmart is considered to be part of the subcategory of Miscellaneous Retail classified as Pet and Pet Supplies Stores th St E A0/207 Page 5 of 0 Page 8 of 37

19 AGENDA TEM#:7a Based on the in253ventory completed in 204 (Heritage Grove Centre Market Review Update by urbanmetrics, 204) there are several Miscellaneous Retail stores in the downtown, but no other Pet and Pet Supplies stores Bayshore Country Feeds, located at 2 nd Avenue E and 3 th Street E is near the downtown, but it is outside of the Downtown Area identified in the Official Plan The data also warranted that the market could accommodate 5468 m 2 of additional Miscellaneous Retail by 209 and 563 m 2 by 202 The requested 5245 m 2 resulting in a total of 5,70 m 2 Miscellaneous Retail for the Heritage Grove site is within range that the study found the market could accommodate Based on this, the increase in floor area specific to a PetSmart use would appear to have little impact on any existing downtown location Committee could consider a condition to the minor variance that the increase is specific to this sub-category Each year that goes by would presumably increase the bearing capacity of the market for any Miscellaneous Retail use The area of the proposed store has previously been identified on the site plan as an area for future development and the proposed location for the larger PetSmart store is in keeping with the master site plan approved for the property Site Plan Approval is recommended as a condition of approval to address the detailed matters related to the new building such as urban design and site function and to update the Site Plan Agreement with a new building The proposal is in keeping with the general intent and purpose of the Official Plan subject to recommended conditions General ntent and Purpose of the City s Zoning By-law ( , as amended): The proposed minor variance applies to the portion of the property zoned Retail Commercial (C2) Special Provision 489 This C2 zone permits a range of uses including retail Special Provision 489 (attached) provides site specific permitted uses and restrictions for uses on this property There are five (5) categories of retail uses permitted on the site which are defined by the North American ndustry Classification System (NACS) code assigned by Statistics Canada These include: - Furniture, Home Furnishings And Electronics - Pharmacies and Personal Care Stores - Clothing and Accessories - General Merchandise th St E A0/207 Page 6 of 0 Page 9 of 37

20 AGENDA TEM#:7a - Miscellaneous Retail For each of these there is a maximum gross floor area and also an overall cap on retail uses Michael s, Value Village, and PetSmart fall within the Miscellaneous Retail category of retail uses permitted The following table illustrates the existing and proposed distribution of Miscellaneous Retail on the site: Existing Building A- : Existing Michael s Store 7724 m 2 Existing Building B: Proposed Building G: Existing Value Village Store Proposed New PetSmart m m 2 Total Miscellaneous Retail GFA Proposed: m 2 Max Miscellaneous Retail GFA Permitted: m 2 Variance: m 2 n considering this variance it is important to note that while the maximum GFA of the Miscellaneous Retail category is proposed to be increased, there is no change to the overall maximum GFA permitted for all retail categories or for the site as a whole, as illustrated in the following table: Regulation Required Max GFA Proposed Max GFA Variance? Any combination of Retail and Service Commercial Uses (489(a) & (b)) Any combination of Retail Uses (per 489(a)) 7,4437 m 2 No change N/A 4,8657 m 2 No change N/A Miscellaneous Retail 4,6455 m 2 5,70 m m th St E A0/207 Page 7 of 0 Page 20 of 37

21 AGENDA TEM#:7a n this case, the applicant has requested an increase in floor area for a specific category of retail use within the overall caps for the site f the overall cap were considered a pie, the Miscellaneous Retail category could be considered a piece of the pie f the Miscellaneous Retail category piece is larger, then the other pieces of the pie will be smaller This means that the maximum floor areas in other categories will provide some flexibility for what categories (ingredients) go into the pie, but the overall caps (the crust) is not getting any bigger n accordance with the Official Plan, the minimum and maximum floor area caps are to sustain the planned function of the East City area (4428) n this specific circumstance, the increase in floor area of an existing Miscellaneous Retail use would make the use more compatible with the Large Format Retail vision of the East City Commercial Designation and less likely to be suitably located in the Downtown or any other commercial node of the City The proposal is in keeping with the intent and purpose of the Zoning By-law subject to certain conditions Minor in Nature n considering whether the variance is minor, both size and likely impact or importance were assessed The proposed variance will allow for the PetSmart store to increase in size by approximately 60% The Miscellaneous Retail category will be increased by approximately 20% Numerically, this appears large n the context of this site, the impact of the variance is reduced: The proposal is to expand an existing use on the same property into a new store The Area where the proposed Building G (PetSmart) is proposed has already been identified on the site plan for future commercial development There will be no new subcategory of use introduced Any new business proposing to use the space vacated by PetSmart will have to fit within the categories and caps in place (will be a part of the pie, using the same ingredient list) th St E A0/207 Page 8 of 0 Page 2 of 37

22 AGENDA TEM#:7a The overall amount of retail floor area on the site will be increasing, but within the overall maximum Gross Floor Area permitted for the site There is no change to the maximum permitted floor area of retail uses combined This proposal is unique in that it proposes an expansion of an existing store that is already in the market Should any other categories be considered for increase, they would be considered on their own merits whether a minor variance or rezoning with market analysis is warranted The urbanmetrics research completed in 204 supported up to 5468m 2 of additional Miscellaneous Retail by 209 and 5,63 m 2 by 202 Peer reviews are generally more conservative (unfortunately the City s consultant at the time is no longer available) The proposal will provide 5,70 m 2 Miscellaneous Retail The proposed expansion is to support an expansion which represents the subcategory of Miscellaneous Retail being Pet and Pet Supplies Using a condition to limit the expansion to this sub-category which is not found in the downtown will help mitigate any potential impacts of the expansion The proposed variance can be considered minor, subject to recommended conditions Desirable for the appropriate development and use of the lands n consideration of desirability, the following factors merit note: The variance will provide for the use of a vacant area on the site contemplated for larger format stores The variance will allow for the expansion of an existing retail store The size of the proposed PetSmart store will be more in line with the Large Format Retail vision for the East City Commercial Area There is no change to the maximum permitted floor area of retail uses combined, and there is no change to the maximum floor area for the entire site The proposed new PetSmart location was contemplated for future development ts development is already contemplated by the existing on site servicing infrastructure and traffic movements The new store th St E A0/207 Page 9 of 0 Page 22 of 37

23 AGENDA TEM#:7a will be able to achieve all site and building regulations and will be subject to a revised Site Plan and Site Plan Agreement Financial/Budget mplications: Application fees have been paid Communication Strategy: A copy of this report was made available to the public with the Agenda being posted online Notice was given by the Secretary-Treasurer for A0/207 by publication in the Sun Times newspaper and circulated to those persons, department and agencies likely to have an interest in the applications, as legislated A courtesy notice was also mailed to nearby property owners Secretary-Treasurer of the Committee will provide notice of the decision and appeal period in accordance with the Planning Act Consultation: The application was circulated to various City departments and other agencies for comment as part of the normal process Notice of the applications and hearing date was provided by the Secretary- Treasurer in accordance with the Planning Act Attachments: Special Provision 489 Letter from Walter Hugo dated November 7, 207 Concept Plan Prepared By: Justin Teakle Signature on File Reviewed By: Margaret Potter Signature on File Supported by: Pam Coulter Signature on File th St E A0/207 Page 0 of 0 Page 23 of 37

24 AGENDA TEM#:7a Notwithstanding the provisions of the Mixed Use Commercial (MC) Zone and for lands shown on Schedule A, Zoning Map 7, the following uses shall be permitted in addition to those permitted in the MC Zone: (a) Printing and publishing establishment (b) Boarding or Lodging House (c) Catering Service (d) School (e) Wholesale Establishment (f) Funeral Home (g) Transportation Depot (h) Veterinarian Clinic (i) Tattoo Parlour in accordance with Section 577 (j) Body Piercing Establishment in accordance with Section Notwithstanding the provisions of the Medium Density Residential (R4) Zone and for lands shown on Schedule A, Zoning Map 7, a boarding or lodging house may be permitted in accordance with the provisions of Section 570 of this By-law 488 Notwithstanding the provisions of the General ndustrial (M) Zone and for lands shown on Schedule A, Zoning Map 9, the following uses shall be permitted in addition to those permitted in the M Zone: (a) Vehicle Sales Establishment 489 Notwithstanding the provisions of the Retail Commercial (C2) Zone and for lands shown on Schedule A, Zoning Map 20, the following provisions shall apply: ) Permitted Uses: Notwithstanding the list of uses permitted in the C2 Zone, no person shall use any lot or erect, alter or use any building or structure for any purpose except one or more of the following uses: (a) Retail Stores according to the North American ndustry Classification System (NACS) limited to the following categories: i Furniture, Home Furnishings and Electronics ZBA [6] ii Pharmacies and Personal Care Stores iii Clothing and Accessories ZBA [6A] iv General Merchandise v Miscellaneous Retail (b) Service Uses limited to the following categories: i Medical and dental clinics and laboratories ii Tool or party rental iii Veterinary services iv Fitness centres v Restaurants with or without drive-through services Section 4 Special Provisions Updated: December 206 Page 24 of 37

25 AGENDA TEM#:7a 4-44 (c) Amusement arcade (d) Billiards and/or bowling (e) Movie Theatre 2) Site and Building Regulations: Notwithstanding the Site and Building Regulations in the C2 Zone, no person shall use any lot or erect, alter or use any building or structure for any permitted use or combination of permitted uses listed in Section 489 except is accordance with the following provisions: i Lot Frontage: 20 m minimum ii Lot Area: No individual minimum lot area is required where the area of the overall development is 76 hectares minimum iii Lot Coverage: 50% maximum iv Building Setbacks: 6m minimum from any street line 8m minimum from any other lot line vi Building Height: 9 m maximum for medical and dental clinics and laboratories, 0 m maximum for all other permitted uses vii Floor Area Provisions: Maximum gross floor area for any combination of uses permitted under Section 489 (a) and (b): 7,4437 m 2 2 Maximum gross floor area applicable to any combination of amusement arcade, billiards and/or bowling, and movie theatres:,858 m 2 3 Any combination of retail uses permitted under Section 489(a) shall be subject to a maximum gross floor area of 4,8657 m 2 with no single use having a unit size less than 697 m 2 gross floor area, and subject to the following maximum gross floor area distribution: a Furniture, Home Furnishings and Electronics Max 3,764 m 2 b Pharmacies and Personal Care Stores Max,3936 m 2 c Clothing and Accessories Max 3,764 m 2 d General Merchandise Max 2,3228 m 2 e Miscellaneous Retail Max 4,6455 m 2 4 Notwithstanding 4892 (3) above, a total of five (5) individual Retail Stores with no minimum unit size may be permitted, provided they do not exceed 2,230m 2 in aggregate and provided that the maximum gross floor area distribution per category is maintained as noted in 4892 (3) Section 4 Special Provisions Updated: December 206 Page 25 of 37

26 AGENDA TEM#:7a Any combination of service uses permitted under Section 489 (b) shall be subject to a maximum gross floor area of 2,578 m 2 and the following: a Medical and dental clinics and laboratories Min unit size of 697 m 2 b Tool or party rental no further restriction c Veterinary services no further restriction d Fitness centre no further restriction e Restaurants Minimum unit size of 3252 m 2, however smaller restaurants with no minimum unit size may be permitted provided that they not exceed 464 m 2 in aggregate 6 Definitions for the purposes of Section 489: a) Miscellaneous Retail means retailers primarily engaged in the sale of the following goods: (i) Sporting Goods; (ii) Toys, Hobby,Games; (iii) Sewing/Fabric/Needlework; (iv) Music/Books/nstruments; (v) Florist; (vi) Office Supply and Stationery; (vii) Gift/Novelty/Souvenir; (viii) Pet Supplies; (ix) Art Dealers; and, (x) Used Merchandise 490 Notwithstanding Section 583 for any dwelling units in combination with a non-residential use where such dwelling units are geared toward housing for the elderly the minimum required number of vehicle parking stalls shall be 05 spaces for each dwelling unit Notwithstanding the provisions of the Core Commercial (C) Zone the definition of Landscaped Open Space for any dwelling units in combination with a non-residential use shall be permitted to include common balconies as landscaped open space 49 Notwithstanding the provisions of the Heavy ndustrial (M2) Zone and for lands shown on Schedule A, Zoning Map 8, an athletic or recreational establishment having a maximum gross floor area of 000 m 2 shall also be permitted 492 Notwithstanding the provisions of the Mixed Use ndustrial (MU) Zone and for lands shown on Schedule A, Zoning Map 6, the following uses shall also be permitted: (a) Railway tracks and supplementary and complementary operational and safety apparatus and equipment (b) Railway Marshalling Yard Section 4 Special Provisions Updated: December 206 Page 26 of 37

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32 , USE ANALYSS (m2) mos A uurr A- ZONNG,,,,,,,,,,,,,,,,,, mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm mwm««~tm»»»a~»»~»w~m ~»»~~»» --» wm- ««-mi " PEYSMART MNOR VARANCE - MCHAELS STE PLAN NFORMATONTAKEN FROM STE PLAN PREPARED BY SCOLER & LEE ASSOCATES ARCHTECTS NC DRAWNGS A, DATED FEB 20, OCT 2, 203 AND FROM REV 2, DATED, aux; uurr aux; VLLAGE TOTAL PERMTTED SjA,Ag SJRVEY PARK LOTS 5 AND 9 RANGE 5, EAsT OF THE GARAFRAXAROAD GEOGRAPHC TOWNSHP OF SYDENHAM CTY OF OWEN SOUND COUNTY OF GREY BY HEWET 3 - :-MTED E E VARANCE HOB/E FURNSHNGS & ELECTRONCS STE P-AN 3- NEW LOCATON OF PETSMART X G FURNTURE PRNCESS AUTO DOLLAR VALUE A-2 WNNERS E BLDG E 3, PHARMACESTRZ PERSONAL CARE CLOTHNG & FCTCQCTS j ACCESSORES GENERAL rfn: iép(gn4afg?t:gfs ca M4s 2/3 Tel: (46) Road g2?m2tbg'easa"t Tg'r:nto oma?o MERCHANDSE MSCELLANEOUS RETAL OTHER TOTAL RETAL NoN RETAL SPACE wwwpdintarchitecsca 3042 E E F srreplan /-/// - STENEA (T COVBA 878A0 76Hl 37 4 ' 2 8 r T- l "' N FREROUTE (xv: 3, /, ma r" : V " N 57 8pa g, g,;'n :: 52dreqfred puk'ng 26 spaces 26 spaces 6000 i - T A MM W : - TR -0 \ \ - ~ " ~, ' = : NH'2 9; FREROUTE DE * p \ ~ ~\ 300 s:7s= E 9 - SCALE :500,, 43 ET 9 - % 4 0 ~~- E : OF " :\\\» - ~ -»:;»* "* %:R \ N mew 9- SSUED FOR BULDNG PERMT JUN zov 2: - 2 RE /'S' N5 '5SUE = :J$'E:"2yi:m::n;rg 9%;: : ::*;v, "= =";f'2:;:"''- :*:":;=:*:=Tc*:f:::,r::=::':2: ssmm or conlvuclson CLENT; HERTAG E GROVE SQ E NC ;;' s TH ST E OWEN SOUND, ON Z PROJECT: g, sam ma :uzu mmmsuuuumm mar jo!&uot : :7 PROJECT No, ~ -,E" - >- = ; -~%»-* -' \ 5,, : ; HERTAGE GROVE; SQUARE BULDNG C E \ F SSUED on w~ STE PLAN 5- ~ - 2 ' ~ D 2:am 6 ms nu 7 row mew W, \~ ssueo SF oooos= N N E R 5 W STE PLAN \ JUL mammoa as P'TE>: +/ SF EDGE PJCESSAUTO «AUG 3, 204 SSUED FOR REVEW '? G V su 8 3 ~ 9 "533 SSUED FOR REVEW 5 ;;, :4 " "' " "' T: * W T: EDGF VACANT ( 5 W :- - V m 24$-": '" 0 = SEE REV,3 ; T: --- SHEET NO: MW CHECKED: «FLE NO SP Page 32 of 37 AGENDA TEM#:7a CE -3 H : " saw 03 = 5 NcuL m 7,) E V HDG A y7o E [NT]-,,,,,,,,,,,c f AS PER: JD? * * REVEW,?2 Z? 3 T run AUG : : CART MRA], - P Z 3 cm zm: l, -* o V we»: CONC B-\RR:RSCURB A: r;: D<; 0? ALL HARD SURFACES s R&O'D CL ADLACEN O AL NATURAL TED /\Ri/S E G - " :- % FM mo Tl T 0 :, EQ 3 -- T \ \ D ' : 204i 20 SSUED FOR REVEW Z? 6 cw \\ 3 j ER-L o»?r : 7 =rp * j 0 spaces: 07 FARKNG F- : TL o 2% 6000 ' : + Z: < : - A OCT 23, 60M 60W CARTCCRRAL 204; SSUED FOR FOUNDATONPERMT Nov 27 SSUED : : Z Z: ' j? 6000 DEC a : i T60002% 2 : '" j, : SSUED FDR BULDNGPERMT 5 7 j T: :: \ "2 AEA 0 E LADHSAPED 60W 3 FEB JAN 09 SSUED FOR REVEW 2 FEB SSUED FOR <:LENTREvEw s ':' % (: : FEB 25, o E PERMT 2 ~~= j LOADNG SPACE35m D?lXm760002% 8227] E ' T jj c 8 9 O T ; ; MAR 23, SSUED FOR CLENT REVEW n A E : T: Z:! 7500 / l/ --7 :3, * TREE S \ -- C 7,, FOR BLDG PERMT SSUED FOR BLDG : T \ \\\ [5 Main R 75? 3* ) 2385, Do'L n V HG PAHKN3 g L/7 F E El ': DG LOL WT COR 0 mnaav/adaruoaud2ncrmuaiu) RE-SSUED 3 x0 n-- TE gl - V g 72 TS, Dc g 2 H \\ D W 5 / c 3 \ >8» 55] mc33 n SSUED FOR BULDNG PERMT 3% v é-t- - \\ 797 WC2 9 '- - R,x Bic W m y W b W N 3 m?ag-gg?g V20 '3 20% ARR 205E 20% 205; SSUED FOR FLTSMART APPROVAL MAR 05 [fag SSUED FOR BULDNG C COORD V ', drweaide) PAHGG(265 6 X &nw/ 7 O' E T EAMX- \ SM -T ; 6 Q FUTURE, w g G ~ \- D Hm E HDGF ~ ' ELDM3WA BLDGA 7724SM HDGA2 933SM am / --/ \~ \--\

33 AGENDA TEM#:7a December 8 th, 207 Planning and Development th Avenue East, Owen Sound Ontario N4K 3E / GREY / Fax: Justin Teakle City of Owen Sound 808 Second Avenue East Owen Sound, Ontario N4K 2H4 *Sent via RE: Minor Variance A0/207 Part Park Lots 8-9, Range 5, EGR City of Owen Sound Owner/Applicant: Heritage Grove Centre nc Dear Mr Teakle, This correspondence is in response to the above noted application We have had an opportunity to review the application in relation to the Provincial Policy Statement (PPS) and the County of Grey Official Plan (OP) We offer the following comments The purpose and effect of the subject application is to seek relief from Zoning By-law , as amended, to permit the construction of a larger PetSmart store PetSmart, among other stores, is considered Miscellaneous Retail Under Section 489 of the Zoning By-law which applies to the site, a maximum gross floor area of 4,6455 m 2 applies specifically to the Miscellaneous Retail category of retail uses The applicant requests a maximum gross floor area of 5,70 m 2 for Miscellaneous Retail A variance of 5245 m 2 is being requested on the maximum gross floor area for Miscellaneous Retail Schedule A of the OP designates the subject property as a Primary Settlement Area Policy 263(3) states the permitted uses within this designation include commercial The above noted application complies with this policy Further to this, County planning staff defer to the City of Owen Sound local official plan regarding development specific policies; therefore, County planning staff have no concerns Appendix B of the OP identifies Significant Woodlands near the subject property, just north of 6 th Street East Policy 284() states, no development or site alteration may occur within Significant Woodlands or their adjacent lands unless it has been demonstrated through an Environmental mpact Study, as per section 287 of this Plan, that there will be no negative impacts on the natural features or their ecological Page 33 of 37

34 AGENDA TEM#:7a functions Proposed development seems to be within the adjacent lands from the Significant Woodlands ; therefore, County planning staff recommend comments are received from the local Conservation Authority The subject lands are located within close proximity to the County Rail Trail Comments have been received from Forestry and Trails staff stating that development must deal with water on site and no additional water should be directed to the County trail Provided positive comments are received from the local Conservation Authority and no additional water is directed toward the County trail, County planning staff have no concerns with the subject application The County requests notice of any decision rendered with respect to this file f you wish to discuss this matter further, please do not hesitate to contact me Yours truly, Stephanie Lacey-Avon Planner (59) ext 296 stephanielacey-avon@greyca wwwgreyca Page 34 of 37

35 AGENDA TEM#:7a Staff Report Engineering Services Division Engineering & Public Works Department where yuuwant to live DATE: 207 December 3 APPLCATON: A'0207 TO: Justin Teakle, Secretary-Treasurer, Committee of Adjustment Margaret Potter, BES, Community Planner Ken Becking, PEng, Director of Engineering an{ Public Works FROM: Dana Goetz, CET, Engineering Technologist SUBJECT: APPLCAT ON FOR MNOR VARANCE - ENGNEERNG REVEW MUNCPAL ADDRESS: 225 6th Street East, Bldgs'E'and 'F' RN: LEGAL DESCRPTON: Range 5 EGR Pt Park Lots 8 and 9; RP 6R-9039 Pt APPLGANT: Heritage Grove Centre lnc BACKGROUND: The Applicant is requesting relief from the City's Zoning By-law , as amended for property located in the Retail Commercial (C2), Special Provision 489 zone The Applicant is requesting a variance permit the construction of a larger PetSmart retail store This site is subject to a maximum gross floor area of 4,8657m2 which applies to all retail uses No change to this overall maximum is requested lf a new PetSmart store is constructed, any new proposed use for the existing building would be required to comply with the zoning in place including minimum and maximum floor areas for various USCS The Applicant is requesting the following variance: lncrease of the maximum gross floor area of the "Miscellaneous Retail" category by 5245m2,from 4,6455m2 to 5,'70m2 RECOMMENDATON: Further to our review of the above noted application, the Public Works and Engineering Department has no objection to the requested minor variance ANALYSS: STE ACCESS: The property fronts on improved local roads (6th Street East and 20th Avenue East) There are two access points to the properly from 20th Avenue East and one access from 6th Street East No changes to the access points are contemplated STE SERVCNG: No changes to the existing site servicing are required as the area selected for the new build is serviced Page of2 Q:\DGoetz\PLAV/V//VG\CofA\207\A th St FMinor Variance Eng Reviewdoc Page 35 of 37

36 AGENDA TEM#:7a APPLCATON for MNOR VARANCE - ENG//VEERNG REVEW A0/ th Sfreet Easf continued GRADNG DRANAGE & STO RMWATER MANAGEMENT: No chan ges to the approved grading, drainage or stormwater management are required ENVRONMENTAL: There are no known environmental issues concerning this property CONSULTATON: This document incorporates comments from all Divisions of the Public Works and Engineering Department Prepared By: Reviewed By: Dana Goetz Chris Webb Q:\DGoez\PLANV/A/G\CofA\207\A0-207 Page 2 of th St E Minor Variance Eng Reviewdoc Page 36 of 37