AGENDA COMMITTEE OF ADJUSTMENT

Transcription

1 Planning & Development Services Tel Fax TOWN OF AJAX 65 Harwood Avenue South Ajax, ON L1S 2H9 AGENDA COMMITTEE OF ADJUSTMENT Town Hall 65 Harwood Avenue South Ajax, Ontario River Plate Room Wednesday January 25, 2012 Pre-meeting to commence at 6:30 p.m. Public Meeting to commence at 7:00 p.m. 1. Call to Order 2. Adoption of November 30, 2011 Committee of Adjustment Meeting Minutes... Page 1 3. Outline of the General Mandate of the Committee of Adjustment 4. Applications: 4.1 A1/12 80 Mandrake Street Durham Catholic District School Board... Page 6 To permit a minimum of 140 parking spaces; whereas, the zoning by-law requires a minimum of 204 parking spaces. 4.2 A2/ McMaster Avenue Target Recycling Services Inc.... Page 11 To permit a waste material recycling facility; whereas, the zoning by-law does not permit a use of this nautre on the subject lands within the GE General Employment Zone. 5. Other Business/New Business 6. Adjournment

2 MINUTES OF A HEARING OF THE COMMITTEE OF ADJUSTMENT FOR THE TOWN OF AJAX HELD IN THE RIVER PLATE ROOM, TOWN HALL, 65 HARWOOD AVENUE SOUTH, AJAX Wednesday November 30, 7:00 P.M. Present: Absent: Carolyn Molinari, Vice-Chair Michael Briand, Member Eldon Dixon, Member Lisa Marie Williams, Member Geoff Romanowski, Senior Development Planner/Technical Advisor/Secretary- Treasurer Matthew Milligan, Chair 1. Call to Order November 30, 2011, Town of Ajax, Committee of Adjustment Meeting Meeting called to order at 7:03 p.m. on Wednesday November 30, Adoption of October 26, 2011, Town of Ajax, Committee of Adjustment Meeting Minutes Vice-Chair Molinari put a request forward to the Committee to adopt the October 26, 2011 Committee of Adjustment Meeting Minutes. Proposed by: Lisa- Marie Williams Seconded by: Eldon Dixon All in favour Carried 3. Outline of the General Mandate of the Committee of Adjustment Vice-Chair Molinari provided an overview of the Committee of Adjustment mandate for all that were present at the meeting. 4. Applications Minor Variance Application A47/11 Ajax Audley Developments Limited Lot 65 & Part of Blocks 66 and 67 The purpose of this application is to permit a semi-detached dwelling on Lot 65 of Draft Approved Plan of Subdivision S-A and to permit fencing within a front yard that abuts Audley Road North and an OS - Open Space Zone (Rossland Road East). 1

3 Page 2 of 5 Technical Advisor/Secretary-Treasurer Romanowski confirmed written notice of the hearing was sent according to the Rules of Procedures laid out by the Planning Act and one response was received via telephone voic , stating that they had no issue with the request. The recommendation, from the Town of Ajax, Planning & Development Services, was that the application be approved, subject to the following conditions: 1. That the Owner prepare a draft 40R Plan for the required easements, for the decorative fencing and landscaping, for review and once reviewed, register the endorsed 40R Plan and provide a copy of the registered 40R Plan to the Town of Ajax for their records, or this decision shall become null and void; 2. That the semi-detached dwelling only be permitted on Lot 65 of Draft Approved Plan of Subdivision S-A , or this decision shall become null and void; and 3. That the Owner obtain a building permit for the semi-detached dwelling, or this decision shall become null and void. Mr. C. Matson of Matson, McConnell Ltd. was present for the application. He is a planner and manages the overall project of the Mulberry Meadows subdivision for Ajax Audley Developments Ltd. He provided a brief overview of the request, stating that this is a negotiated solution to adequately address the corner of Audley Road North and Rossland Road East. He expressed his opinion that this proposal is appropriate for the development of the land. Vice-Chair Molinari asked if the Committee had any questions for the applicant/representative. There were none. Vice-Chair Molinari asked if there were any members of the public that wished to speak to this matter. David Laird and Joan Mane of 964 Audley Road North were present but did not speak to the application. Vice-Chair Molinari asked if there were any further questions, comments or discussion on the application. There were none. Vice-Chair Molinari asked for a motion from the Committee. Decision: To approve the amended application subject to the following conditions: 1. That the Owner prepare a draft 40R Plan for the required easements, for the decorative fencing and landscaping, for review and once reviewed, register the endorsed 40R Plan and provide a copy of the registered 40R Plan to the Town of Ajax for their records, or this decision shall become null and void; 2. That the semi-detached dwelling only be permitted on Lot 65 of Draft Approved Plan of Subdivision S-A , or this decision shall become null and void; and 2

4 Page 3 of 5 3. That the Owner obtain a building permit for the semi-detached dwelling, or this decision shall become null and void. Proposed by: Michael Briand Seconded by: Eldon Dixon All in favour Carried Minor Variance Application A48/11 Julian D Souza 52 Jacwin Drive Lot 58, M-115 The purpose of this application to permit a minimum setback of 5.2 metres from a front lot line, to permit a maximum driveway width of 6.5 metres, and to permit a maximum curb cut width of 6.5 metres. Technical Advisor/Secretary-Treasurer Romanowski confirmed written notice of the hearing was sent according to the Rules of Procedures laid out by the Planning Act and two counter inquiries were handled by staff. The residents were asking for clarification on the application. The recommendation, from the Town of Ajax, Planning & Development Services, was that the application be approved, subject to the following conditions: 1. That the Owner obtain a building permit for the addition to the front of the existing dwelling, or this decision shall become null and void; and 2. That the Owner obtain a driveway widening permit, to permit a maximum driveway width of 6.5 metres, or this decision shall become null and void. Mr. D. Kennedy did not review the report; however he did not have any issues with the staff recommendations. Vice-Chair Molinari asked if the Committee had any questions for the applicant/representative. Member Briand asked if the home owner was aware that the driveway had to be reduced in width to 6.5 metres. Mr. Kennedy informed the Committee that he was aware of the condition. Member Briand asked Mr. Kennedy what type of building material would be used for the addition. Mr. Kennedy stated that it would match the existing dwelling as best as possible. Vice-Chair Molinari asked if there were any members of the public that wished to speak to this matter. There were none. 3

5 Page 4 of 5 Vice-Chair Molinari asked if there were any further questions, comments or discussion on the application. There were none. Vice-Chair Molinari asked for a motion from the Committee. Decision: To approve the amended application subject to the following conditions: 1. That the Owner obtain a building permit for the addition to the front of the existing dwelling, or this decision shall become null and void; and 2. That the Owner obtain a driveway widening permit, to permit a maximum driveway width of 6.5 metres, or this decision shall become null and void. 3. Proposed by: Seconded by: Eldon Dixon Lisa-Marie Williams All in favour Carried 5. Other Business/New Business 2012 Committee of Adjustment schedule was distributed for review in the CofA packages. Proposed by: Seconded by: Michael Briand Eldon Dixon All in favour Carried The Committee of Adjustment meeting scheduled for December 14, 2011 is cancelled as there were no applications submitted. 6. Adjournment Vice-Chair Molinari put the request forward to the Committee to adjourn the November 30, 2011 Committee of Adjustment Meeting. Proposed by: Seconded by: Michael Briand Lisa-Marie Williams All in favour 4

6 Page 5 of 5 Carried Meeting adjourned at 7:28 p.m. Carolyn Molinari Vice-Chair Geoff Romanowski, MCIP, RPP Technical Advisor/Secretary-Treasurer 5

7 REPORT TO: SUBMITTED BY: Committee of Adjustment Geoff Romanowski, MCIP, RPP, CPT SUBJECT: Minor Variance Application A1/12 Durham Catholic District School Board Archbishop Denis O Connor Catholic High School 80 Mandrake Street WARD: 4 DATE OF MEETING: January 25, 2012 Recommendation: That the Committee of Adjustment approve Minor Variance Application A1/12, submitted by the Durham Catholic District School Board, to permit a minimum of 140 parking spaces; whereas, the zoning by-law requires a minimum of 204 parking spaces, subject to the following condition: 1. That the Durham Catholic District School Board obtain a building permit for the portables, or this decision shall become null and void. Background & Proposal: This application has been submitted to the Town as a result of a complaint through the Building Department, regarding the installation of two portable classrooms within the parking area of the school site, prior to issuance of a building permit. Upon further investigation, planning staff determined that the existing supply of on-site parking did not satisfy the minimum requirements of the Town s zoning by-law. The Durham Catholic District School Board (DCDSB) has agreed to apply to the Committee of Adjustment to rectify the existing on-site parking deficiency, prior to the issuance of a building permit. Therefore, the DCDSB has requested a variance to reduce the number of required parking spaces from 204 parking spaces to 140 parking spaces, which is a reduction of 64 parking spaces. Subject Property & Surrounding Land Uses: The subject property is located at the intersection of Mandrake Street and Doric Street. Surrounding uses predominately consist of single detached dwellings to the west, north, and south. Denis O Connor Park directly abuts the school site to the east (See Figure 1 - Subject Lands). 6

8 Subject: A1/12 80 Mandrake Street DCDSB Page 2 Town of Ajax Official Plan: The subject property is designated Low Density Residential in the Town of Ajax Official Plan. Section (Schools) of the Town of Ajax Official Plan states, that schools are a permitted use within all Residential and Central Area designations. This proposal conforms to the policies of the Town of Ajax Official Plan. Town of Ajax Zoning By-law , as amended: The subject property is zoned I-B Institutional B Zone in Town of Ajax Zoning By-law , as amended. This zone category permits schools. Section (Parking Requirements for Non-Residential Uses) of the Town of Ajax Zoning By-law , as amended requires secondary schools to provide a minimum of 8 parking spaces for the use of visitors in addition to 4 parking spaces per classroom. Based on these requirements, a minimum of 204 parking spaces are required to be provided on-site; whereas, 140 parking spaces are currently provided. Requested Minor Variance: Minimum Parking Requirements for Non-Residential Uses Variance The intent of providing a minimum number of off-street parking spaces is to ensure that an adequate supply of parking is provided to accommodate the parking demands for the uses on the subject lands. In support of the requested variance, the applicant has submitted a Parking Justification, prepared by MMM Group, dated November This parking justification concluded that during the a.m. peak period (10:00 a.m.) only 95 of the 140 parking spaces were being used and during the p.m. peak period (2:30 p.m.) only 107 of the 140 parking spaces were being used. Therefore, the consultants have recommended that the existing supply of 140 parking spaces can adequately accommodate the parking demands of the high school. It was rationalized by the MMM Group, that the parking demand at the school is well below the 140 parking spaces due to several factors, being; proximity to residential neighbourhoods where students can walk to and from, the use of school buses and public transit, and the reduction in the number of student drivers given that Grade 13 (OAC) classes are no longer provided at Ontario high schools. Staff reviewed the parking justification, prepared by MMM Group, and are satisfied that the existing supply of 140 parking spaces service the demands of the high school. Other Comments: Design Services - no comments; Transportation Services - no comments; Building Services - Operations - Fire Services - Engineering Services - a building permit is required for the two portable classrooms; no comments; no comments; no comments; 7

9 Subject: A1/12 80 Mandrake Street DCDSB Page 3 Conclusion: Based on the discussion above, staff are of the opinion that Minor Variance Application A1/12, submitted by the Durham Catholic District School Board, to permit a minimum of 140 parking spaces; whereas, the zoning by-law requires a minimum of 204 parking spaces, is: minor in nature; desirable for the appropriate use or development of the lands; and in keeping with the general intent and purpose of the Official Plan and Zoning By-law. Geoff Romanowski, MCIP, RPP, CPT Senior Development Planner Secretary-Treasurer, Committee of Adjustment 8

10 Subject: A1/12 80 Mandrake Street DCDSB Page 4 Application File No. A1/12 Applicant: DCDSB Figure 1 Subject Lands 80 Mandrake Street Date: January 25, 2012 Town of Ajax Planning & Development Services 9

11 Subject: A1/12 80 Mandrake Street DCDSB Page 5 To permit a minimum of 140 parking spaces; whereas, the zoning by-law requires a minimum of 204 parking spaces. Application File No. A1/12 Applicant: DCDSB Figure 2 Site Plan 80 Mandrake Street Date: January 25, 2012 Town of Ajax Planning & Development Services 10

12 REPORT TO: SUBMITTED BY: Committee of Adjustment Geoff Romanowski, MCIP, RPP, CPT SUBJECT: Minor Variance Application A2/12 Ajax Estates Holdings Inc. 106 McMaster Avenue WARD: 3 DATE OF MEETING: January 25, 2012 Recommendation: That the Committee of Adjustment approve Minor Variance Application A2/12, submitted by Ajax Estates Holdings Inc., to permit a waste material recycling facility at 106 McMaster Avenue; whereas, the zoning by-law does not specifically permit this use, subject to the following conditions: 1. That the use of the facility shall be limited to the recovery, processing, transfer, and handling of electrical and electronic equipment waste and plastic waste; 2. That the facility shall not be used to transfer, receive, store, handle or process domestic or putrescible waste or hazardous waste; 3. That all waste handling and storage shall occur within a wholly enclosed building; 4. That the gross floor area of the building shall not exceed 6,450 square metres exclusive of office uses; 5. That the volume of permitted waste material accepted on the land shall not exceed 100 tonnes of material per day; and 6. That the volume of permitted waste stored at the facility shall not exceed 1,700 tonnes. Background & Proposal: Ajax Estates Holdings Ltd. ( Ajax Estates ) who owns several industrial properties on the west side of Westney Road and along Fairall Street, McMaster Avenue, and Frankcom Street are proposing to relocate Target Recycling Services Inc. ( Target Recycling ), who is a tenant at 453 Fairall Street, to 106 McMaster Avenue in order to facilitate expansion requirements for INTACT Insurance, who is a tenant at 59 Westney Road South. A site plan amendment application has been submitted by Ajax Estates proposing a 540 m 2 atrium addition to connect the existing buildings at 453 Fairall Street and 59 Westney Road South and façade enhancements to allow INTACT Insurance to occupy both buildings by October Target Recycling manually disassembles electric and electronic equipment waste and recycles post industrial plastic by way of bailing, shedding, and grinding. Target Recycling has a 11

13 Subject: A2/ McMaster Target Recycling Services Inc. Page 2 Certificate of Approval from the Ministry of the Environment (MOE) for a waste disposal site to be used for the transfer and processing of solid municipal waste limited to electrical and electronic equipment waste and plastic waste. To facilitate the relocation of Target Recycling to 106 McMaster Avenue, Ajax Estates is requesting relief from the requirements of Zoning By-law , as amended, to permit a waste material recycling facility; whereas the zoning by-law does not specifically permit this use on the subject lands. Subject Property & Surrounding Land Uses: The subject property is located on the west side of McMaster Avenue, south of Fairall Street. Presently situated on the subject lands is an industrial building having a total gross floor area of approximately 6,224 m 2 (67,000 ft 2 ). Surrounding uses are predominately employment lands, consisting offices, warehouses, and manufacturing operations (See Figure 1 - Subject Lands). Town of Ajax Official Plan & Town of Ajax Zoning By-law The subject lands are designated and zoned as General Employment within the Town s Official Plan and Zoning By-law. Uses permitted within this designation and zone category include such uses as offices, research and development facilities, manufacturing, warehousing, distribution facilities, and the retail sale of products manufactured, processed, or assembled on the premises. The Town s Official Plan contains specific planning provisions related to waste transfer facilities. The Official Plan generally defines waste transfer as, the act of recycling, processing, transfer, handling and/or composting of waste material from domestic, institutional, commercial, industrial or construction and demolition sources, but does not include the treatment or disposal of liquid industrial waste or hazardous waste. Waste transfer facilities refer to operations within wholly enclosed buildings where waste transfer activities occur under controlled conditions. Furthermore, Section of the Official Plan states that the Town of Ajax is of the view that no need exists for the development of new waste transfer facilities. However, if there was a demand for additional facilities of this nature, the General Employment designation would be the most appropriate designation for this type of use. As noted above, Target Recycling presently disassembles electric and electrical equipment waste, as well as recycle post-production plastics from various sources, such as Toyota and Lexus Canada, Apotex, Dell Canada, and Toshiba. They also conduct their operations within a fully enclosed building, under controlled conditions, regulated by the MOE. Target Recycling is currently located on lands that are designated and zoned for Prestige Employment. Relocating the operation to 106 McMaster Avenue, which are designated and zoned as General Employment, is more consistent with the planning policies for waster transfer facilitates within the Town s Official Plan. A waste transfer facility of the type proposed is considered to be in keeping with the types of uses permitted within the General Employment zone category, since there is processing and handling of electrical and electronic components, but without any outside storage. The requested minor variance is in keeping with the general intent and purpose of the Official Plan and Zoning By-law. 12

14 Subject: A2/ McMaster Target Recycling Services Inc. Page 3 Requested Minor Variance: Permit a Waste Material Recycling Facility Ajax Estates has requested a minor variance to permit a waste material recycling facility at 106 McMaster Avenue; whereas the current zoning of the subject land does not specifically permit this use. The operation will be conducted within a fully enclosed building and no outdoor storage of waste material is proposed or permitted. A waste material recycling facility is considered to be more compatible with the permitted uses with in the GE zone category, which may require open outdoor storage and external processing as well as produce dust and noise, such as a building and construction materials facility or a contractors yard. A number of conditions have been recommended by staff to ensure that the operation is strictly limited to the recycling and handling of electrical and electronic equipment waste and plastic waste consistent with the MOE Certificate of Approvals. In addition, restrictions on the size of the facility, the volume of material accepted on a daily basis, and the maximum permitted waste material stored at the facility are being recommended in order to ensure the scale of the operation is appropriate and to ensure that the permissions do not extend to facilities that could create odd-site impacts. Furthermore, relocating Target Recycling to 106 McMaster Avenue will continue to permit an important business to operate within the Town and allow their existing location at 453 Fairall Street to accommodate an expanding business that is more in keeping with the intent of the Prestige Employment Official Plan designation and zone category. Based on the discussion above and the information provided by Target Recycling, it is staff s opinion that relocating the operation to lands that are designated and zoned as General Employment is considered to be an appropriate use of the lands, would meet the general intent and purpose of the zoning by-law, and the use would be more compatible with the permitted uses within the GE zone category. Therefore the request to permit a waste material recycling facility at 106 McMaster Avenue is considered to be minor in nature and a desirable use for the subject lands. Other Comments: Design Services - no comments; Transportation Services - no comments; Building Services - Operations - Fire Services - Engineering Services - a building permit is required for a demolition or alterations to the building; no comments; no comments; no comments; 13

15 Subject: A2/ McMaster Target Recycling Services Inc. Page 4 Conclusion: Based on the discussion above, staff are of the opinion that Minor Variance Application A2/12, submitted by Ajax Estates Holding Ltd., to permit a waste material recycling facility at 106 McMaster Avenue; whereas, the zoning by-law does not specifically permit this use is: minor in nature; desirable for the appropriate use or development of the lands; and in keeping with the general intent and purpose of the Official Plan and Zoning By-law. Geoff Romanowski, MCIP, RPP, CPT Senior Development Planner Secretary-Treasurer, Committee of Adjustment 14

16 Subject: A2/ McMaster Target Recycling Services Inc. Page 5 Application File No. A2/12 Applicant: Ajax Estates Holdings Inc. Date: January 25, 2012 Figure 1 Subject Lands 106 McMaster Avenue Town of Ajax Planning & Development Services 15

17 Subject: A2/ McMaster Target Recycling Services Inc. Page 6 To permit a waste material recycling facility; whereas, the zoning by-law does not specifically permit this use. Application File No. A2/12 Applicant: Ajax Estates Holdings Inc. Date: January 25, 2012 Figure 2 Site Plan 106 McMaster Avenue Town of Ajax Planning & Development Services 16