Date: February Chair and Members Planning & Development Committee. To:

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1 Date: February To: Chair and Members Planning & Development Committee Re: Department of Planning File Number: B-17-B.38 / Proposed Rezoning from Residential Medium Density () Zone to Commercial Neighbourhood () Zone Blackmarsh Road, Ward 3 Atlantic Planning Management has submitted an application to redevelop the properties located at Blackmarsh Road. The application is to re-zone the subject property from the Residential Medium Density () Zone to Commercial Neighbourhood () Zone to accommodate a proposed North Atlantic gas station, a convenience store and a Tim Hortons restaurant with a drive-thru. A Municipal Plan amendment would be required. The rezoning application warrants further consideration. BACKGROUND The proposed commercial development originally involved the acquisition of four (4) residential dwellings across the street from the Blackmarsh Road Dominion grocery store. These residential properties were zoned Commercial Neighbourhood () Zone several years ago in anticipation of commercial development. The point of access to the proposed commercial development will be across from the current access for the Dominion supermarket. A preliminary site plan was provided as part of the application, please see attached. In 2011, the applicant acquired three (3) pieces of land from the City with the intention of increasing the size of the rear of lots 257, 259, 259A and 261 Blackmarsh Road. These parcels of land were previously owned by the City, were deemed surplus lands, and were sold to the developer at their fair market value. In 2012, Council adopted standards for drive-thru facilities (Section 7.30 of the Development Regulations), including a minimum separation distance requirement from Residential Zones. The James Lane right-of-way is currently zoned. Staff recognized that it would be desirable to consider rezoning the portion of the right-of-way intended for commercial use from to to provide the minimum separation distance required for the drive-thru.

2 Page 2 On May 10, 2013, the Planning and Housing Committee discussed this application as desirable provided that the applicant prepared a traffic impact study. This decision was reflected in the May 27, 2013 Council Directive requiring the applicant to submit a traffic impact study. This study was submitted by the applicant in the fall of After some revisions, based on technical requirements, city staff indicated that the traffic impact study has sufficient detail to warrant proceeding to the next stages of rezoning. DISCUSSION Planning Considerations Current St. John s Municipal Plan Residential Low Density (RLD) District St. John s Development Regulations Commercial Neighbourhood () and Residential Medium Density () Zones Proposed Commercial General (CG) and Open Space (O) Districts Commercial Neighbourhood (), Residential Medium Density () and Open Space (O) Zones St. John s Municipal Plan 1. An overall objective of the Municipal Plan is to facilitate an efficient pattern of development with an appropriate blend of commercial areas that are walkable from residential areas and open space for recreation 2. The Commercial General (CG) designation is applied to lands intended for commercial services. Section of the Municipal Plan sets out a variety of zones permitted within this District. These zones allow for: a. Neighbourhood Shopping Facilities not exceeding 1,000 square metres; b. Offices; c. Transient accommodation; and d. Residential. 3. This current application contemplates a gas station, convenience store and coffee shop with drive-thru. Under the current Residential Low Density (RLD) District, a commercial zone is not permitted. Consequently, a Municipal Plan amendment is required.

3 Page 3 Planning Area 4 Mundy Pond The subject property is in Planning Area 4 Mundy Pond. The Planning Area 4 Development Plan sets out a plan for a linear park system linking Mundy Pond with its watershed and west to the Kenmount Hills. Rezoning lands around the Anspach Place/Macleod Place Park and the closed off portion of the former James Lane from to O Zone would improve pedestrian. St. John s Development Regulations The majority of the subject lands are currently zoned Commercial Neighbourhood () Zone. In fact the entire block on the south side of Blackmarsh Road from Columbus Drive to Mercer s Lane is zoned. This zone is able to accommodate the proposed uses (gas station, convenience store and coffee shop). The four main lots: 257, 259, 259A and 261 Blackmarsh Road are correctly zoned for the proposed use; therefore, no rezoning is needed for the original properties. The intended uses are discretionary in the Zone and therefore must be publicly advertised. The proposed rezoning would mean that all the properties intended for the proposed commercial development would be in the Zone. It would also allow the development to meet the Drive- Thru separation standard required under Section 7.30 of the Development Regulations. Technical Considerations 1. The City s Department of Engineering advises that the subject property would require full municipal water and sewer services to allow for the commercial development. The proponent must indicate the proposed sanitary sewer rates and the proposed connections to City services. 2. There is an existing sanitary sewer main that runs in an easement at the back of the property (formerly James Lane). The proponent must indicate how this main will be accommodated. 3. There is no storm water capacity in the storm main in Blackmarsh Road or at the rear of the property. Storage detention will be a requirement for this development. Storm sewer rates of discharge from the proposed building and a Site Plan indicating the point(s) of connection to the City's storm system are needed prior to final approval. CONCLUSION/RECOMMENDATION The Residential Low Density (RLD) District is no longer applicable for the small portion of lands that have been assembled for commercial development. A Municipal Plan amendment to allow the designation to be changed to the Commercial General (CG) District is recommended. Similarly, the current Residential Medium Density () Zone is not reflective of the commercial nature of this portion of Blackmarsh Road. At the same time, this zoning amendment would allow the change of a significant portion of Residential Medium Density () Zoned land to the Open Space (O) Zone to preserve the area from additional development and to promote active and passive recreational uses in the area.

4 Page 4 Because there are several single detached houses neighbouring the subject property, staff recommend that the application be referred to a public meeting chaired by a member of Council. At a later date, a public hearing by an independent commissioner will be required for the Municipal Plan amendment. This is provided for the consideration of the Planning and Housing Committee. Ken O Brien, MCIP Chief Municipal Planner MH/dlm G:\Planning and Development\Planning\2015\Planning & Development Committee\Planning & Development Blackmarsh Road Feb (mh).docx

5 R1 R1 O CO O R1 O CR AA A2 CI BLACKMARSH RD MERCER'S LANE JAMES PL JAMES LANE AA GLENVIEW TERR ANSPACH ST MURPHY'S AVE COLUMBUS DR W:\Engwork\Planw\2012 projects\tim hortons - blackmarsh road rezoning opt1 sp.mxd Property to be Rezoned Development Site

6 BLACKMARSH RD COLUMBUS DR MERCER'S LANE JAMES LANE JAMES PL ANSPACH ST MACLEOD PL GLENVIEW TERR OPTION 1 Applicant's Property Applicant's Aquired Property City of St. John's Possible Open Space Newfoundland & Labrador Housing W:\Engwork\Planw\2012 projects\tim hortons - blackmarsh road rezoning opt1.mxd

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