Summary of Comments. B Queen Street West

Transcription

1 Summary of Comments B Queen Street West

2 COMMITTEE OF ADJUSTMENT MEMORANDUM APPLICATION NUMBER(S): RELATED APPLICATION(S): B D MEETING DATE: April 19, 2018 TO: FROM: SUBJECT: Nicolas Skerratt, Secretary Treasurer Committee of Adjustment Gaelen Pierce Placemaker/Planner Consent to sever 38 Queen Street to create a residential lot PROPERTY INFORMATION: Municipal Address 38 Queen Street Legal Description Plan 150, Lot 11 Official Plan Residential Low Density 1 (Schedule B2) Zoning By-law Residential 1 (R1) Zone RECOMMENDATION: The Planning Department recommends approval of Application B , subject to the following: CONDITIONS: Note: 1. That the Owner/Applicant shall pay to the Town of Innisfil cash-in-lieu of 5% Parkland Dedication the amount of which shall be 5% of a valuation determined by a professional, and qualified appraiser engaged by the Owner/Applicant to the satisfaction of the Secretary Treasurer. 2. That the Owner/Applicant shall make a cash contribution to the Town of Innisfil in the amount of $ towards the cost of a new street tree. 1. That the Owner/Applicant must apply to remove the Holding ( H ) provision for the severed lands zoned Residential 1 Exception 49 Hold (R1-49(H)) Zone at the time Building Permit application once development contribution for allocation has been paid. 2. That the Owner/Applicant must submit and receive approval for a Major Heritage Alteration Permit application subject to the Heritage Conservation District Plan and Design Guidelines, prior to issuance of a building permit. /

3 Committee of Adjustment Memorandum April 19, 2017 B Queen Street Page 2 of 4 REASON FOR APPLICATION(S): The applicant is proposing to sever a portion of the subject lands for the purpose of creating a new residential lot. The severed lands are proposed to have an approximate lot area of 498 m2 and a lot frontage of m on Wellington Street. The retained lands are proposed to have an approximate lot area of 495 m2 and lot frontage of m on Queen Street. SURROUNDING LANDS: North Single-detached dwelling, Wellington Street, John Drive East Single-detached dwellings and accessory structures South Queen Street, Cookstown United Church (former) West Single-detached dwellings and accessory structures ANALYSIS: Consistent with the Provincial Policy Statement: No Consistent with the Provincial Growth Plan: No Consistent with the Lake Simcoe Protection Plan (LSPP): No Cookstown is identified as a Settlement Area in the Town Official Plan. The Provincial Policy Statement (PPS) 2014 states, in Section , that land use patterns within Settlement Areas shall be based on densities and a mix of land uses which efficiently use land and resources, efficiently use infrastructure and public service facilities that are planned or available, and provide a range of uses and opportunities for intensification and redevelopment. Section of the Provincial Policy Statement also states that Planning authorities shall identify and promote opportunities for intensification and redevelopment where it be accommodated by taking into account existing and planned infrastructure to accommodate projected needs. The owners of 38 Queen Street were offered allocation for an additional dwelling unit on December 8, 2016, the offer requiring a planning application to be submitted by March 15, An application for severance was received by the Town on March 14, The severance of the subject lands into two (2) lots would make efficient use of existing infrastructure and public service facilities (e.g. water and sewer, local library, fire and other services) and provide an opportunity for intensification and redevelopment. Therefore, this proposal would be consistent with the Provincial Policy Statement. Cookstown is a settlement area as per the Provincial Growth Plan. The Growth Plan requires new development to be directed to settlement areas (Section i)). The subject lands are also within the built boundary of Cookstown (Schedule B2 of the Town Official Plan), and are therefore part of the built-up area as defined by the Growth Plan. The Growth Plan requires that by the year 2015 a minimum of 33% of all residential development occurring annually shall be within the built-up area within Simcoe County. This development would therefore help to achieve the Growth Plan intensification policies and direct growth to within an existing settlement area. The proposal to create one new residential lot on public services within a settlement area is supported by Policy 6.45-DP which permits existing uses in settlement areas. As the subject lands are zoned Residential 1 which permits single detached dwelling units and this use will be continued, the proposal is consistent with the provisions of the LSPP.

4 Committee of Adjustment Memorandum April 19, 2017 B Queen Street Page 3 of 4 Conforms with the County Official Plan: No Conforms with the Town Official Plan: No The subject lands are designated Settlement as per County Official Plan Schedule 5.1. The proposed additional lot would be consistent with the policies of the County Official Plan, which states in Section that Settlement Areas shall be the focus of growth, and that their vitality and regeneration shall be promoted. The subject lands are designated Residential Low Density 1 on Schedule B2 of the Town Official Plan. Section states that in cases where an existing residential unit is located on one half of an existing lot such that the lot can be subdivided to meet the minimum area requirements of the zoning by-law, any variance being no greater than 10% and the frontage is consistent generally with other lot frontages on the same street, then a severance may be considered. The proposed severed and retained lots would not meet the minimum area requirements of the Zoning By-law (which is 600m2), and would vary these requirements by over 15%. Therefore, the Official Plan would not allow the consent application to be considered without a Zoning By-law Amendment that rezones the lands. On July 4, 2017 the owner of the subject lands submitted a Zoning Bylaw Amendment application to the Town of Innisfil. The intent of the Zoning By-law Amendment is to permit a reduced minimum lot area of 495 square metres on a proposed retained lot and 498 square meters on a proposed severed lot in order to allow the potential severance of the subject lands into two (2) parcels. On November 1, 2017, Council passed By-law to permit the severance of the subject lands into two parcels. A hold (H) symbol was placed on the severed parcel, subject to water and sewer allocation being granted by council. Returning before the Committee of Adjustment, the Applicant is now requesting the severance of the subject lands proposed to be municipally serviced according to the Cookstown Sanitary Allocation Strategy (DSR ). Planning Staff have also reviewed the proposed zoning amendment and severance with regard to the surrounding neighborhood character, finding similar lot size and use within the same residential block. Staff are supportive of this proposed severance, subject to conditions as noted above. Complies with the Town Zoning Bylaw: No As a result of the above zoning amendment, the subject lands are zoned Residential 1 Exception 48 (R1-48) Zone and Residential 1 Exception 49 Hold (R1-49(H)) in Town Zoning By-law No , as amended. These zones permit single-detached residential lots with a minimum lot area of 495 m2 and 498 m2 (Section and ). The proposed severed and retained lots meet the minimum area requirements of the Zoning By-law. The proposed severance complies with the Town Zoning By-law. Conforms to Section 2, 51(24) and 53(12) of the Planning Act: These applications have been reviewed and conform to Section 2, 51(24) and 53(12) of the Planning Act. Planning Staff note, the severed parcel will require a new access to be established on Wellington Street.

5 Committee of Adjustment Memorandum April 19, 2017 B Queen Street Page 4 of 4 No The proposed application meets the Town Official Plan policy and is suitable for the proposed residential use. CONCLUSION: Staff note a heritage permit is also required for any new dwelling. The subject lands are within the Cookstown HCD boundary and the existing dwelling on the proposed retained lands is a Group C designated property. The Planning Department recommends approval subject to the above conditions. PREPARED BY: Gaelen Pierce Placemaker/Planner REVIEWED BY: Nick Skerratt Development Leader

6 ENGINEERING SERVICES MEMORANDUM TO FILE DATE: April 19, 2018 FROM/CONTACT: FILE/APPLICATION: Dylan Moore B (38 Queen Street West) SUBJECT: Committee of Adjustment Applications April 2018 Engineering Services Review Comments Comments: The Applicant/Owner shall ensure that all swales on both properties meet the requirements set out in Section 7.3 of the Town of Innisfil ( Town ) Engineering Design Standards and Specifications Manual ( Town Standards ), as amended, and shall ensure stormwater ( SWM ) runoff does not adversely affect adjacent properties. The Applicant/Owner shall ensure that all driveway locations on both properties meet the requirements set out in Section of the Town Standards, as amended. The Applicant/Owner shall prepare and submit engineering design drawings, specifications, and reports signed and sealed by a Professional Engineer for both properties that address, but may not be limited to, such matters as site layout, lot grading, stormwater management, tree preservation and compensation for removal (refer to Town Corporate Policy CP Tree Policy for Development Approvals and Town Standard Section 8.3.3), servicing, and LID measures, to the satisfaction of the Town and InnServices Utilities Inc. ( InnServices ). The Applicant/Owner shall enter into a consent severance agreement with the Town to ensure that all conditions from the Town, Lake Simcoe Region Conservation Authority ( LSRCA ) / Nottawasaga Valley Conservation Authority ( NCVA ), and InnServices are undertaken as required. The Applicant/Owner shall enter into an external works agreement prior to the issuance of building permit(s) with the Town and/or InnServices for all works completed within the Town s road allowance, such as installation of new water and /or sanitary sewer laterals, and any changes that may be required to the existing water and/or sanitary sewer mains to service the lots. All works shall be completed in accordance with Town Standards and to the satisfaction of the Town and/or InnServices.

7 Conditions: The Applicant/Owner shall prepare and submit engineering design drawings and all other supporting documents in accordance with Town Standards and to the satisfaction of the Town. The Applicant/Owner shall enter into a consent severance agreement to the satisfaction of the Town. The Applicant/Owner shall to enter into an external works agreement prior to the satisfaction of the Town and/or InnServices.

8 Community Development Standards Branch MEMORANDUM TO FILE DATE: FROM/CONTACT: Jocelyn Penfold ex 3506 FILE/APPLICATION: B SUBJECT: 38 Queen Street West Comments to applicant/owner for information purposes (Comments help provide additional information regarding the development of the subject lands to the applicant. Comments are not conditions of approval): 1. When applying for building permit for a new dwelling, please provide a lot grading plan designed by a Professional Engineer or an Ontario Land Surveyor to the satisfaction of Community Development Standards Branch (Building Department). Condition of Approval (Conditions of Approval are specific enforceable conditions regarding the subject lands should the Committee of Adjustment approve the application. For example: The applicant/owner shall apply for a building permit for the construction of a new dwelling to the satisfaction of Community Development Standards Branch)

9 Innisfil Municipal Heritage Committee MEMORANDUM TO FILE DATE: April 12, 2018 FROM/CONTACT: Kevin Jacob, Assistant Clerk / Heritage Committee Co-ordinator FILE/APPLICATION: B SUBJECT: 38 Queen Street West, Cookstown COMMENTS ARE DUE ON THE THURSDAY A WEEK BEFORE THE HEARING Comments to applicant/owner for information purposes (Comments help provide additional information regarding the development of the subject lands to the applicant. Comments are not conditions of approval): The subject lands and proposed new residential lot are within the boundaries of the Cookstown Heritage Conservation District (HCD). Any proposed construction will require a Heritage Permit and is subject to the HCD Guidelines as provided in By-law No Condition of Approval (Conditions of Approval are specific enforceable conditions regarding the subject lands should the Committee of Adjustment approve the application. For example: The applicant/owner shall apply for a building permit for the construction of a new dwelling to the satisfaction of Community Development Standards Branch)

10 7251 Yonge St., Innisfil ON L9S 0J Fax BY E-MIAL April 13, 2018 Town of Innisfil Technical Services 2101 Innisfil Beach Road Innisfil, Ontario L9S 1A1 Attention: Nicholas Skerratt Dear Nick: Re: Committee of Adjustment Application #B , PLAN 150 LOT 11, 38 QUEEN STREET VINCENZO SICO We have received the above noted application recently submitted to our office and concur with the approval of this application. Should you have any further questions or concerns regarding this matter, please feel free to contact the undersigned. Yours truly, Min Gill per TR M. Gill Engineering Technician

11 InnServices MEMORANDUM TO FILE DATE: April 11, 2018 FROM/CONTACT: Tom Panak, InnServices FILE/APPLICATION: B SUBJECT: InnServices Comments for 38 Queen Street West COMMENTS ARE DUE ON THE THURSDAY A WEEK BEFORE THE HEARING Comments to applicant/owner for information purposes (Comments help provide additional information regarding the development of the subject lands to the applicant. Comments are not conditions of approval): Proposed development requires a new watermain service for the severed lot. Sewer allocation needs to be confirmed for the severance. If severance is granted: 1. Prior to issuance of building permit(s) the applicant shall enter into an external works agreement with InnServices Utilities Inc. ( InnServices).for works completed within the Town s road allowance in accordance with Town Standards that address, but may not be limited to, such matters as connecting new water service laterals and sanitary service laterals, to the existing municipal water main and sanitary main and restoration of the Town s allowance. All works shall be completed to the satisfaction of the Town and InnServices. 2. As part of the external works agreement the applicant shall provide drawings, plans, cost estimates, specifications, reports, studies and certifications signed and sealed by a Professional Engineer for the proposed development that address, but may not be limited to the servicing of the proposed development to the satisfaction of the Town and InnServices. 3. The applicant will retain a contractor to execute the installation of the services. This work may commence only after the applicant has entered into an external works agreement with InnServices and all fees have been paid to the satisfaction of the Town and InnServices.

12 Condition of Approval (Conditions of Approval are specific enforceable conditions regarding the subject lands should the Committee of Adjustment approve the application. For example: The applicant/owner shall apply for a building permit for the construction of a new dwelling to the satisfaction of Community Development Standards Branch) 1. Severance is not recommended if sewer allocation is not available for the severed lot and retained lot. 2. That the Owner/Applicant confirm that the existing water system can provide/accommodate the required flows and pressures at the expense of the Owner/Applicant to the satisfaction of InnServices. 3. If Condition 1 & 2 are satisfied the Owner/Applicant shall then enter into an external works agreement with InnServices Utilities Inc. for the connection of a new water service lateral to the satisfaction of the Town and InnServices.