COMMITTEE OF THE WHOLE MEETING OCTOBER 3, 2016

Transcription

1 REPORT #PD COMMTTEE OF THE WHOLE MEETNG OCTOBER 3, 2016 ZONNG BY-LAW AMENDMENT APPLCATON 275 VCTORA STREET EAST MHBC PLANNNG FLE NO. DEV 344 COMMUNTY OF ALLSTON RECOMMENDATON That Report #PD be received; And further that Application Dev No. 344 to rezone lands legally described as Part of Lot 3, Concession 15, be approved; And further that an amending Zoning by-law, substantially in the form included as Attachment No. 4 to Report #PD , be enacted. OBJECTVE The purpose of this report is to provide Council with background information and a recommendation respecting a zoning by-law amendment application which seeks to legalize an existing multiple dwelling structure containing four (4) dwelling units and to recognize existing zone deficiencies as it relates to building/structures on the subject land. BACKGROUND Location The subject property is located at the southeast corner of the intersection of Victoria Street East and East Avenue South with m (75.0 ft) of frontage along Victoria Street East, within the settlement of Alliston. The subject property contains a total lot area of 1,379.9 m2 (14,853.9 ft2) and is known municipally as 275 Victoria Street East. A location map of the subject property is included as Attachment No. 1. Surrounding land uses include an institutional use to the west, vacant commercial lands to the north and existing residential to the east and south. History The subject property currently contains a single detached dwelling, a detached garage and an accessory structure which has been converted into a multiple dwelling structure

2 Report #PD , October 3, 2016 containing four (4) residential dwelling units. There is a parking area for the single detached dwelling located in the driveway accessed by Victoria Street East. There is two (2) additional parking areas for the multiple dwelling structure accessed from East Avenue South. A copy of the existing site plan is included as Attachment No. 2. The submitted property survey, dated 1975, identifies a single detached dwelling, detached garage and a single storey work shop which has been converted into the multiple dwelling structure however, the applicant was unable to confirm the date of when the work shop was converted to residential units. A copy of the legal survey is included as Attachment No. 3. Proposal A rezoning application has been submitted seeking to legalize an existing multiple dwelling structure containing four (4) residential dwelling units. Further, the application seeks to recognize existing zone deficiencies relating to: - yard setbacks; - minimum dwelling area; - maximum number of driveways; and, - driveway location Further detail/evaluation of the site specific relief is provided in the analysis section of this report. COMMENTS AND CONSDERATONS Provincial Policy Statement (PPS)(2014) The PPS provides policy direction on matters of provincial interest related to land use planning and development. Section 3(5) of the Planning Act states that where a municipality is exercising its authority affecting a planning matter, such decisions shall be consistent with all policy statements issued under the Act and shall conform with the provincial plans that are in effect on that date, or shall not conflict with them. Section of the PPS states that settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted. Section of the PPS states that land use patterns within settlement areas shall be based on densities and a mix of land uses which efficiently use land and resources, are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available and minimize negative impacts to air quality and climate change and promote energy efficiency. Page 2 of 15

3 Report #PD , October 3, 2016 The subject property is located within the settlement of Alliston. By recognizing and permitting the existing residential built form on the subject property promotes increased density through the inclusion of the single detached dwelling unit and the multiple dwelling structure on a single lot. Growth Plan for the Greater Golden Horseshoe (Growth Plan) n accordance with the policies of the Growth Plan, future growth and development within a municipality is to be located within settlement areas and to encourage cities and towns to develop as complete communities, which offer a mix of land uses, a range of housing and density types, and which are located on full municipal services. Section (General ntensification) of the plan contains policies that require the majority of residential development is to occur within the built-up area which facilities and promotes intensification. The subject property is located within the settlement area of Alliston. The existing residential situation promotes intensification and offers a range of housing type and tenure through the inclusion of the existing single detached dwelling unit and existing multiple dwelling structure which are serviced through municipal infrastructure, on the subject property. County of Simcoe Official Plan The subject property is designated Settlement in the County of Simcoe Official Plan. Section of the County Official Plan states that settlement areas should be planned to accommodate a diversity of land uses, including residential, commercial, industrial, and institutional, to reinforce their traditional role as central places and service centres. The subject property is located within the primary settlement area of Alliston. The existing residential situation contributes to providing a diversity of residential land uses which is located in proximity to a variety of land uses including but not limited to institutional (schools), commercial and residential uses. Town Official Plan The subject property is designated 'Urban Residential' on Schedule 'B1' of the Official Plan. Pursuant to Section 5.2.5, this designation permits a variety of residential development including but no limited to low and medium density residential development such as a single detached dwelling unit and multiple dwelling structures. Both the detached dwelling unit and multiple dwelling structure are permitted uses within the designation. Page 3 of 15

4 Report #PD , October 3, 2016 Town Comprehensive Zoning By-law No The subject property is zoned Urban Residential-Exception ('UR2-4') on Schedule 'A' of the Zoning By-law. Pursuant to Section ('UR2-4'), the following uses are permitted within the Zone: accessory structures and buildings; a boarding house; a detached single family dwelling; a duplex; a semi-detached house; and, a church. Agency and Town Comments On November 5, 2015, a request for comments and Notice of Complete Application circulation pertaining to the zoning by-law amendment application was circulated to external agencies and internal departments in accordance with the Planning Act. A notice of complete application circulation outlining the application request was also distributed to residents located 120 m from the subject property. Based on the circulation, the Planning Department received comments from the following external agencies and Town Departments, which have expressed no comments/objections to the rezoning application: Public Works Department; Powerstream; Nottawasaga Valley Conversation Authority; Enbridge; Canada Post; and, Simcoe County District School Board. The following comments were received by Planning Staff: Engineering Comments The Town Engineering Department indicated that a site plan control application will be required in addition to the rezoning application. Due to the historic nature of the subject property, it is necessary to document the existing situation of the property as it relates to servicing capacity, future road widening availability, parking and access to and from the subject site. A site plan control application (D11-AL-144) has been submitted to the Town Engineering Department which is currently proceeding through the site plan review Page 4 of 15

5 Report #PD , October 3, 2016 process. The applicant conveyed the appropriate day lighting and future road widening as requested by the Engineering Department. Town Fire Department The Town Fire Department requested confirmation that the multiple dwelling structure and dwelling units were in compliance with the Fire Code. An inspection of the multiple dwelling structure was conducted by a member of the Town Fire Department in March t was identified that there were a few Ontario Fire Code violations but nothing that would affect the rezoning application. Town Building Standards Department The Town Building Department requested an inspection of the multiple dwelling structure also to ensure that the compliance with the regulations of the Ontario Building Code. An inspection of the multi-unit building was conducted by a member of the Building Department in March 2016 and based on their inspection indicated no major concerns with the existing multiple dwelling structure. Public Meeting On January 13, 2016, a public meeting respecting the rezoning application was conducted. There were no comments or concerns received from the general public or members of the committee during or in advance of thee public meeting. ANALYSS The submitted zoning by-law amendment application seeks to rezone the subject property in order to legalize an existing multiple dwelling structure containing four (4) dwelling units and to recognize existing zone deficiencies as it relates to building/structures on the subject land. The subject property is located on Victoria Street East, which is the main arterial road in Alliston. The property is located in an area that contains a mix of uses including commercial, residential and institutional. Staff are of the opinion that intensification of properties for residential purposes should occur, where appropriate, on properties which are in proximity to commercial uses. t is of the opinion of staff, that this property is appropriately located. n this regard, staff have no objection to permitting the proposed use. Page 5 of 15

6 Report #PD , October 3, 2016 The following is an explanation and evaluation of the site specific amendments to the zone provisions either requested by the applicant or recommended by staff. Town staff have circulated the draft amending zoning by-law to the applicant s agent for review and comment and has indicated no objection to same. The draft amending zoning by-law is provided as Attachment No. 4. Minimum Dwelling Area Size: n accordance with of the zoning by-law, the minimum required dwelling unit area for a one (1) bedroom unit is 45.0 m2 (484.4 ft2) whereby one (1) of the residential units located within the multiple dwelling unit measures 42.7 m2 (459.6 ft2) in unit area size. The intent of the provision is to ensure that the dwelling unit is of an appropriate size to accommodate all the necessary components to a dwelling unit (kitchen, washroom, bedroom and living room space). Staff note that the dwelling units contained within the multiple dwelling structure has historically existing and no further changes are being requested. Further, it should be noted that the Building Standards Department has visited the multiple dwelling and has indicated no objections/concerns with the building. As a result, staff have no objection with this requested relief. Exterior Side, interior Side and Rear Yard: n accordance with Section of the Zoning By-law, the minimum exterior side yard setback is 4.2 metres 13.7 ft). The existing detached garage and multiple dwelling structure are currently setback from the exterior lot line 0.30 metres (0.98 ft) and 2.25 metres (7.4 ft) respectively. n accordance with Section of the Zoning By-law, the minimum interior side yard setback is 1.2 metres (3.9 ft). The existing multiple dwelling structure is currently setback from the interior lot line 1.07 metre (3.51 ft). n accordance with Section of the Zoning By-law, the minimum rear yard setback is 7.5 metres (24.6 ft). The existing multiple dwelling structure is currently setback from the interior lot line 1.18 m (3.9 ft). Staff note that the detached garage and multiple dwelling structure have historically existed in their respective locations and the deficient setbacks are considered legally non conforming to the provisions of the zoning by-law. t is on this basis that staff have no objection to recognizing the deficient setbacks in the zoning by-law. Further, the Engineering Staff have reviewed the requested relief and have indicated no objection to same. Page 6 of 15

7 Report #PD , October 3, 2016 n order to ensure that the detached garage and multiple dwelling structure are unable to construct additions along the deficient exterior side yard, staff consider it appropriate to include a schedule in the amending zoning by-law which illustrates the existing buildings on the property and only recognize their locations. n other words, all future additions to the buildings will need to comply with the UR2-4 zone provisions. Multiple Driveways: n accordance with Section (Driveway Width), properties zone Urban Residential ('UR2') shall have one (1) driveway to a maximum of 50% of the lot frontage to a maximum of 6.0 m. The subject property currently contains three (3) driveways located with access to Victoria Street East and East Avenue, each of varying widths. t should be noted that historically these driveway existed in their respected locations and is considered legally non conforming. The intent of this provision is to ensure that sufficient parking can be accommodating in the driveway while ensuring that portions of the front yard is maintained as landscaped open space. As the driveways are existing they are considered legally non conforming. Additionally, the three (3) driveways provides the appropriate space to accommodate the required parking for all the dwelling units onsite. Engineering staff has reviewed the site plan and indicated no concerns with traffic or site lines as a result of the driveways. Driveway Location n accordance with Section (Driveway Location), the minimum distance between a driveway and an intersection of a streetline shall be 9.0 m. The existing driveway along Victoria Street East is currently setback 1.58 (5.18 ft) from the intersection of Victoria Street East and East Avenue. The intent of the provision is to ensure that no driveway is located in proximity to a intersection to ensure that sight lines are maintained at the intersection. Staff note that the driveway has historically existing in this location with the deficient setback being recognized as legally non conforming. Through the site plan control application process, the applicant conveyed portions of the lands for future road widening along with a day lighting triangle at this intersection to ensure that sight lines are maintained. Further, the Engineering Department indicated no concerns in relation to the location of the existing driveway as it relates to the Victoria Street East and East Avenue intersection. n consideration of the above, staff are of the opinion that the application for a Zoning By-law Amendment is consistent with the Provincial Policy Statement and Growth Plan, conforms with the County of Simcoe and Town of New Tecumseth Official Plans, and represents good planning. To this end, staff have no objection to the approval of the requested amendments. Page 7 of 15

8 Report #PD , October 3, 2016 FNANCAL CONSDERATONS There is no financial considerations associated with this application. Respectfully submitted: Andy Warzin ntermediate Planner Attachments: Location Map - June 2016 Survey 275 Victoria Street East - Site Plan Draft Amending By-law - October 2016 Approved By: Department: Status: Bruce Hoppe, MCP, RPP Planning Approved - 29 Sep 2016 Blaine Parkin, P. Eng. Deputy CAO Approved - 29 Sep 2016 Brendan Holly CAO Approved - 29 Sep 2016 Page 8 of 15

9 LOCATON MAP m 1:898 µ WALNUT STREET VCTORA STREET E KEY MAP 1:19,626 EAST AVENUE VCTORA STREET E NELSON STREET E ALBERT STREET E Created and produced by the Planning Department, June LEGEND Lands Subject to Zoning By-law Amendment Application DEV NO. 344 Page 9 of 15

10 T'" " PLAN OF SURVEY ; OF PA RT or» LOT 3, CONCESSON 5 TOWN OF ALLSTON FORMERLYTOWNSHP or TECUMSETH COUNTY OF SMCOE 5 SCALE NCH :30 FEET / 975 y /,«ROADALLOWANCE BETWEEN TWP O F TECUMSETH 8 ESSA 5 // THE KNG'S HGHWAY N - 8S9 T.-'/T" 33~("7'w Nnnsdwz " L -5- B VCTORA STREET ' " //_.L / ( 2;.;'; 5.5%? Q N E CORNER, " ; ' LOT 3, CON 5. Tm. -0 gm 3, 5:.?u E"! J3 :) /2 STV :9 w! V 1 Q BR House % " : 4' > 2; N 5 E OJQ-r V g.j _ 31. : A CT N: T.."_ it :: '3 5"? n,.,. - Lu 5 * 0: -J.. '-'-~ ~ - 3 o.- Lu ; L s ~' 3 < ". L 2 _._. ;5 sn conc. 3 E won K sue a i D: 3 E V up V P33? % 3 g (756). FD B new _ 3.8 E J i,=.a.?7 7 an.'.vsr /L E /'?E8'DPLAN N9 H73 :%G'S-_'-E-PDENOTES A 5/8" 50 RON BAR 2' LONG BEARNGS ARE ASTRONOMC, DERVED FROM THE SOUTHERLV DSLB. DENOTES A "S0. STANDARD RON BAR 4'LON5 LMT OF THE KNGS HGHWAY N9 39, SHOWN As N73-=5o'5"E F0 -*-DENOTES FOUND on PLAN 5Rj384. _ SURVEYOR'S CERTFCATE HEREBY CERTFV but THS SURVEY AND PLAN ARE COMECV AND N ACCORDANCE WTH THE SURVEYS Ac_T AND THE REGSTRV ACT AM: THE REGULTONS TnE?EuNDEn THE SURVEV WAS COMVLEYED OF 0": DA! E at JUNE, 975 _/ F _V F.44/L) R. C '( RX ATPCK cnumo Ln-we sur-:~/non - SCALE Page 10 of 15 R. C. KRKPATRCK ONTARO LAND SURVEYOR 25 DUNLOP STREET EAST BARRE ONTARO ' PHONE _._ DAT E. JUNE, 975 J08 3 NCH 30 FEET RK

11 Legal Description PART OF LOT 3, CONCESSON 15, TOWN OF NEW TECUMSETH FORMERLY TOWN OF ALLSTON COUNTY OF SMCOE Key Plan Subject Site 5.54m 19.27m HEDGE PROPOSED FOR REMOVAL 3.70m PART m north 4.65m 3.70m PROPOSED DAYLGHTNG TRANGLE 2.75m EXSTNG ASPHALT DRVEWAY 6.80m 6.67m 6.10m 5.77m 9.95m 5.79m 6.22m Legend Paved Surface SCALE m 2.75m 2.75m PART m m 83.37m² 8.15m 4.95m 2.52m 2.51m 2.46m 15.88m 6.33m Landscaped Open Space Buildings Existing Multiple Dwelling PARKNG Brick Surface 6.10m Proposed R.O.W. Conveyance 2 Notes Zoning By-law m 2.75m 0.30m 6.10m Existing Multiple Dwelling non-conforming use to be recognized Key Plan based on Esri, HERE, DeLorme, Mapmyndia, OpenStreetMap contributors, and the GS user community Page 11 of m 2.75m 2.75m 2.75m 2.75m PARKNG 4 PART m 004 September 12, 2016 Re-ssued for SPA K.J.A. 003 August 29, 2016 Re-ssued for SPA K.J.A. 002 August 15, 2016 Re-ssued for SPA K.J.A. 001 May 2, 2016 ssued for SPA J.M.L. Revision No. Date ssued / Revision By 2.25m 30.11m 1.07m UNT 2 1 BEDROOM ±53.42m² (±575 SQ.FT.) UNT 3 1 BEDROOM ±42.74m² (±460 SQ.FT.) Town Development File Number: D11-AL m UNT 1 1 BEDROOM ±66.89m² (±720 SQ.FT.) UNT 4 1 BEDROOM ±48.31m² (±520 SQ.FT.) Stamp P: F: MHBC PLANNNG Date May 2, 2016 Drawn By K.J.A 3.73m 2.75m 1 PARKNG 6.10m 1.13m Plan Scale 1:150 (Arch D) 0.80m 1.18m File No. Checked By 1560A A.P. 10 parking spaces Other Project 10 parking spaces 275 VCTORA ST. E. north File Name STE PLAN Dwg No. 1 of 1 Scale Bar m N:\1560\A\2016\1560A_SitePlan_12 September 2016.dwg

12 THE CORPORATON OF THE TOWN OF NEW TECUMSETH BY-LAW Number 2016-XX AMENDMENT NO. XX TO RESTRCTED AREA BY-LAW A By-law to amend By-law No of the Town of New Tecumseth to rezone the lands from Urban Residential-Exception ( UR2-4 ) to Urban Residential-Exception ( UR2-43 ) and to amend the zone provisions for lands known municipally as 275 Victoria Street East, Community of Alliston, Town of New Tecumseth WHEREAS By-law No is the Zoning By-law of the Corporation of the Town of New Tecumseth; AND WHEREAS the Council for the Corporation of the Town of New Tecumseth has received a request to amend the provisions of Zoning By-law No by rezoning the subject lands from "Urban Residential-Exception (UR2-4) to "Urban Residential-Exception (UR2-43) and to legalize an existing multiple dwelling containing four (4) dwelling units and to recognize existing zone deficiencies relating to the subject land; AND WHEREAS the amendment is in accordance with the Official Plan of the Town of New Tecumseth; NOW THEREFORE be it enacted as a By-law of the Corporation of the Town of New Tecumseth the following: 1. That Section " Minimum Dwelling Unit Area of By-law No is amended by adding the following subsection: UR2-43 (a) Notwithstanding the provisions of Section Minimum Dwelling Unit Area hereto to the contrary, the lands zoned Urban Residential-Exception (UR2-43) on Schedule 1 to this Bylaw shall be subject to the following special provision: Existing dwelling units located in Building C on Schedule 2 shall be a minimum gross floor area of 42.7 m2. 2. That Section "6.11 Urban Residential Zone (UR2) Exceptions" of By-law No is amended by adding the following subsection: UR2-43 (a) n addition to Section (a) (UR2-4 Zone) Permitted Uses the lands zoned Urban Residential-Exception (UR2-43) on Schedule 1 to this Bylaw shall also permit: i. Multiple Dwelling Unit. (b) Notwithstanding Section 6.9 Zone Provisions and Section (c) UR2-4 hereto to the contrary, the buildings and structures identified on Schedule 2 to this By-law, shall be subject to the following provisions: Single Detached Dwelling (Building A ) Detached Garage (Building B ) Multiple Dwelling (Building C ) Front Yard 5.7 m - - Exterior Side Yard m 2.25 m nterior - Side Yard 1.0 m 1.07 m Rear Yard m 1.18 m Page 12 of 15

13 Any future additions to Buildings A B or C shall comply with the UR2-4 zone provisions. 3. That Section (Driveway Width Exception ) of By-law No is amended by adding the following subsection: (o) Notwithstanding the provisions of Section Driveway Width hereto the contrary, lands zoned Urban Residential-Exception ( UR2-43 ) on Schedule 1 to this By-law shall subject to the following provision: (i) A maximum of three (3) driveways shall be permitted on the subject lands. More specifically, a maximum of one (1) driveway shall be permitted along Victoria Street East having a maximum width of 5.54 m and a maximum of two (2) driveways shall be permitted along East Avenue measuring 10.8 m and 3.7 m. 4. That Section (Driveway Width Exception) of By-law No is amended by adding the following subsection (o): (o) Notwithstanding Section (Driveway Width) hereto the contrary, lands zoned Urban Residential-Exception ( UR2-43 ) on Schedule (1) to this By-law shall have the following special provisions: () () A maximum of one (1) driveway shall be permitted on Victoria Street east, having a maximum width of 5.54 metres; and, A maximum of two (2) driveways shall be permitted on East Avenue having a maximum width of m (northerly) and 3.73 m (southerly). 5. That Section (Driveway Location Exception) of By-law No is amended by adding the following subsection: (f) Notwithstanding the provisions of Section (Driveway Location Exceptions) hereto to the contrary, lands zoned Urban Residential-Exception ( UR2-43 ) on Schedule 1 to this By-law shall have the following special provisions: (i) The minimum distance between a driveway located on Victoria Street East and an intersection of a streetline shall be 1.58 m. 6. That Schedule "A" to By-law No is hereby amended in accordance with the zone shown on "Schedule 1" and Schedule 2 to this By-law. 7. That Schedules 1 and 2 attached hereto hereby form part of this By-law. 8. That this By-law shall be cited as Amendment No. XX to Restricted Area By-law That this By-law shall come into force and effect pursuant to the provisions of the Regulations made under the Planning Act. READ A FRST, SECOND AND THRD TME AND FNALLY PASSED THS XX th DAY OF OCTOBER MAYOR CLERK Page 13 of 15

14 Town of New Tecumseth SCHEDULE 1 To By-law #2016-XX Lands to be rezoned from Urban Residential-Exception ( UR2-4 ) to Urban Residential-Exception ( UR2 43 ) Page 14 of 15

15 Town of New Tecumseth SCHEDULE 2 To By-law #2016-XX Page 15 of 15