μ1:750 SUBJECT PROPERTY RRI INST RRI O RRI DISCLAIMER: This map is based on current information at the date of production.

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1 W:\Engwork\Planw\applications 2016\ thorburn road.mxd MACLAREN PL R2 μ1: THORBURN RD RRI 155 SUBJECT PROPERTY R SEABORN ST R INST 149 RRI O 147 RRI GOLDSTONE ST R1 CI O R2 DISCLAIMER: This map is based on current information at the date of production.

2 Date: December 12, 2014 To: Re: Chair and Members Planning & Development Committee PDE File: REZ Application to Rezone Property to the Apartment Medium Density (A2) Zone Thorburn Road, Ward 4 Applicant: Pro-Tech Construction Ltd. The City has received a revised application from Pro-Tech Construction Limited to rezone property s at Thorburn Road from the Institutional (INST) Zone and the Rural Residential Infill (RRI) Zone to the Apartment Medium Density (A2) Zone. The purpose of the rezoning is to accommodate the development of a 4 storey apartment building containing a total of 23 dwelling units. A Municipal Plan amendment would be required. It is recommended that this application be given further consideration. BACKGROUND The subject property is located at the southwest corner of Thorburn Road and Goldstone Street, and is a consolidation of two lots- Civic No. 147 Thorburn Road (a parcel of land with a vacant single detached house) and Civic No. 149 Thorburn Road (a parcel of land with a vacant building that was previously used as a church and a large gravel parking area). Red Bridge Brook runs along the back of the property. While it s associated development buffer is largely in the Open Space (O) Zone. On the opposite side of the stream is a developed commercial lot that has frontage along Goldstone Street. Abutting the property on the west is a single-detached house. Land on the other three corners of Thorburn Road and Goldstone Street is occupied by either single-detached or semi-detached houses that are in the Residential Low Density (R1) or Residential Medium Density (R2) Zone. Within a kilometre of the subject property (between O Leary Avenue and Austin Street) along Thorburn Road are three apartment buildings which are located in the Apartment Special (AA) Zone or the Apartment Medium Density (A2) Zone.

3 DISCUSSION St. John s Municipal Plan St. John s Development Regulations Current Institutional (INST) District, Open Space (O) District & Urban Expansion (UEX) District Institutional (INST) Zone, Rural Residential Infill (RRI) Zone & Open Space (O) Zone Proposed Residential Medium Density (RMD) District & Open Space (O) District Apartment Medium Density (A2) Zone & Open Space (O) Zone Planning Considerations 1. The subject property is within three land use districts: Urban Expansion (UEX), Institutional (INST) and Open Space (O). The Urban Expansion (UEX) designation for this property is used to identify unserviced lands which are intended to be provided with urban services in the future. Since this designation was put in place the municipal water and sewer services have been extended to this section of Thorburn Road. The Institutional (I) designation is applied to lands used for the administration and delivery of public services. The Institutional zoning and designation have become redundant with the church closure. Therefore, the UEX designation is no longer required. To rezone the property as requested, the bulk of the property would have to be redesignated to the Residential Medium Density (RMD) District. The Open Space (O) District and zoning reflects the waterway and associated development buffer located on the subject property in which development is not ordinarily permitted. 2. An overall objective of the Municipal Plan is to encourage compact urban form by accommodating development with higher densities and infill development. A residential objective of the Municipal Plan is to maintain neighbourhood character and quality of life in residential neighbourhoods. Low rise apartment buildings and the A2 Zone are not common to the immediate neighbourhood, but are located within a kilometre of the subject property. In addition, this housing form makes efficient use of land at a time where there is a greater demand for new housing and the City is endeavouring to be more efficient in its delivery of services.

4 3. The Apartment Medium Density (A2) Zone as requested by the applicant is subject to a Land Use Assessment Report (LUAR), as it is a conditional zone under the Residential Medium Density District. Recommended draft Terms of Reference for the LUAR are included. 4. The concept site plan submitted by the applicant proposes offstreet parking spaces which are setback approximately 3 metres from the Thorburn Road property line and less than a metre from the other property lines. These setbacks do not comply with the municipal parking requirements contained in Section of the St. John s Development Regulations, which require a minimum setbacks of 6 m from the front lot line and 3 m from other lot lines; however, this may be varied provided satisfactory screening is provided. Engineering Considerations Review and approval of a site development plan, including controlled site access, parking lot layout and landscaping/buffering, would ordinarily be addressed at the time an application (for development approval) is submitted to the City. At this time, the Engineering Division has reviewed the information provided by the applicant and provided the following general comments. 1. Municipal water and sewer mains are available to service the subject property. 2. The proposed development is subject to the City s Net Zero Runoff Policy. Onsite stormwater detention may be required in accordance with municipal standards. 3. From a traffic perspective the following items will need to be addressed before final approval can be given: No parking shall be located within 2.5 meters from a property line abutting a roadway. No parking shall be located within 6 meters from the face of curb along the curvature of the right turn lane of the intersection. Due to the required 70 meter separation from an intersection and the existing opposing left turn storage lane the access will need to be located to the far end of the property in order to accommodate an unrestricted access. Otherwise the access will be required to be designed as a right -in/right-out access. CONCLUSION An overall objective of the Municipal Plan is to encourage compact urban form by accommodating development with higher densities and infill development where appropriate. This development proposal is consistent with the Municipal Plan and would make good use of

5 the site by efficiently providing new housing within an already developed area. It would also be responsive to changing local demographics and housing affordability concerns. In conclusion, this application has merit and warrants further consideration if municipal development requirements can be satisfied. If the Planning & Development Committee agrees, it is recommended upon Council s confirmation and approval of the attached draft Terms of Reference and subsequent receipt of a satisfactory Land Use Assessment Report, the application be advertised in accordance with the requirements of Section 5.5 of the Development Regulations and a public meeting chaired by a member of Council be held. At a later stage, a public hearing chaired by an independent commissioner will be required. This is provided for the consideration of the Planning & Development Committee. Ken O Brien, MCIP Chief Municipal Planner PDB/dlm Attachment G:\Planning and Development\Planning\2014\Planning and Development Committee\Planning & Development Thorburn Rd Dec (pdb).docx

6 DECISION/DIRECTION NOTE Title: Proposed Text Amendment Regarding Parking Area Requirements PDE# MPA Thorburn Road Applicant: Pro-Tech Construction Ltd. Date Prepared: March 9, 2016 Report To: Councillor & Role: Ward: Chair and Members of the Planning and Development Committee Councillor Art Puddister, Chair, Planning and Development Committee All Wards Decision/Direction Required: To consider a proposed text amendment to the St. John s Development Regulations that would revise existing Parking Area requirements. Discussion Background and Current Status: The proposed text amendment is a City wide amendment prompted by the rezoning application for Thorburn Road. In December 2015, Council accepted the Planning and Development Committee s recommendation to consider a rezoning application for property at Thorburn Road and approved the terms of reference for a Land Use Assessment Report (LUAR). The proposal is to rezone land to the Apartment Medium Density (A2) Zone for the development of a 4 storey, 22-unit Apartment Building. Once a complete LUAR has been submitted, it will be advertised for a public meeting. During review of the draft LUAR for Thorburn Road, it was noted that the development was unable to meet Section of the Development Regulations, which requires the Parking Area to be setback a minimum of 6 metres from the Street Line when located within 30 metres of a Residential Zone. The intent of the current regulations is for the Director of Planning (or designate) to be able to exempt the yard requirements by allowing a fence as a buffer, but this is not ideal in all locations, especially placing a fence in high traffic and high snow volume locations. The intent of the amendment is to clarify where and how setbacks (or buffers) are used for Parking Areas within Residential Zones or for Residential Uses, and how the reduction for the required setbacks can be applied meet the intent of the Development Regulations. The proposed changes uphold the intent of the Development Regulations and clarify how the yard requirements may be reduced. Parking areas along a Collector or Arterial Street will require a 6m setback (from curb) for snow storage, while the fence requirement will be waived due to the additional street width that would separate the parking area from houses across the street. Yard reductions for all other Parking Areas will remain unchanged. It s proposed that notification to adjoining property owners regarding screening will be removed as this is typically a technical matter that does not generate any public interest or concern. In the present situation, the rezoning at Thorburn Road already requires a public process. This amendment would support the development at Thorburn Road, which would meet the revised front yard Parking Area setback. This text amendment would also still require a fence to be placed along the North-west side yard, buffering parking from the adjacent residential dwelling on Thorburn Road. City of St. John s PO Box 908 St. John s, NL Canada A1C 5M2

7 Decision/Direction Note Page Thorburn Road Key Considerations/Implications: 1. Budget/Financial Implications: N/A 2. Partners or Other Stakeholders: N/A 3. Alignment with Strategic Directions/Adopted Plans: N/A 4. Legal or Policy Implications: The proposed text amendment would require the developer at Thorburn Road to install a fence along the North-west side of their property to buffer the Parking Area. Council may permit development within the 15 metre buffer of the 100 year high water mark of designated bodies of water for the construction of residential fences (a designated waterway runs behind the property). 5. Engagement and Communications Considerations: N/A 6. Human Resource Implications: N/A 7. Procurement Implications: N/A 8. Information Technology Implications: N/A 9. Other Implications: N/A Recommendation: It is recommended that a proposed text amendment be considered in conjunction with the rezoning application for Thorburn Road. Once an acceptable LUAR has been received, staff should be directed to advertise both the text amendment and the LUAR, and a public meeting chaired by a member of Council be held. Upon completion of this process, the text amendment would be referred to a future Regular Meeting of Council for consideration of adoption, while the application for Thorburn Road would be referred to the Province for review as it requires a Municipal Plan Amendment. At a later stage, a public hearing chaired by an independent commissioner will be required for the proposed rezoning of Thorburn Road. Prepared by/signature: Lindsay Lyghtle-Brushett, MCIP, Planner III Signature: Approved by/date/signature: Ken O Brien, MCIP, Chief Municipal Planner Signature: LLB/dlm Attachments: Amendment G:\Planning and Development\Planning\2016\Planning and Development\Planning & Development Thorburn Street March (llb).docx

8 DECISION/DIRECTION NOTE Title: Proposed Application to Rezone Property to the Apartment Medium Density (A2) Zone and Text Amendment Regarding Parking Area Requirements PDE# MPA Applicant: Pro-Tech Construction Ltd Thorburn Road Date Prepared: May 24, 2016 Report To: Councillor & Role: His Worship the Mayor and Members of Council Councillor Art Puddister, Chair, Planning and Development Committee Ward: 4 Decision/Direction Required: Following Provincial release for the proposed rezoning of Thorburn Road, Council may proceed with the next steps in the amendment process and adopt St. John s Municipal Plan Amendment Number 138, 2016 and St. John s Development Regulations Amendment Number 630, Discussion Background and Current Status: Pro-Tech Construction Limited applied to rezone land at Thorburn Road, from the Institutional and Rural Residential Infill Zones to the Apartment Medium Density Zone for the development of a 22 unit apartment building. Following submission of an acceptable LUAR, a public meeting chaired by Councillor Collins was held on April 27, At the Regular Meeting of Council on May 9, 2016, Council agreed to proceed with the proposed amendments and requested that the Department of Municipal Affairs issue a Provincial Release for the amendments. As part of the application, Council also considered the paving of the existing gravel parking lot within the floodplain buffer and the small area of the cantilevered building and patio over the floodplain. Provincial release has now been issued for St. John s Municipal Plan Amendment Number 138, 2016 and St. John s Development Regulations Amendment Number 630, It is now in order for Council to proceed with the next steps in the amendment process. Key Considerations/Implications: 1. Budget/Financial Implications: N/A 2. Partners or Other Stakeholders: N/A 3. Alignment with Strategic Directions/Adopted Plans: N/A 4. Legal or Policy Implications: N/A 5. Engagement and Communications Considerations: N/A City of St. John s PO Box 908 St. John s, NL Canada A1C 5M2

9 Decision/Direction Note Page Thorburn Road 6. Human Resource Implications: N/A 7. Procurement Implications: N/A 8. Information Technology Implications: N/A 9. Other Implications: N/A Recommendation: It is recommended that Council now adopt the attached resolutions for St. John s Municipal Plan Amendment Number 138, 2016 and St. John s Development Regulations Amendment Number 630, If the resolutions are adopted by Council, it is further recommended that Council appoint Ms. Marie Ryan, a member of the City s commissioner list, to conduct a public hearing on the proposed amendments. The proposed date for the public hearing is Wednesday, June 22, 2016, at 7pm at St. John s City Hall. Prepared by/signature: Lindsay Lyghtle-Brushett, MCIP, Planner III Signature: Approved by/date/signature: Ken O Brien, MCIP, Chief Municipal Planner Signature: LLB/dlm Attachments: Amendments Location map G:\Planning and Development\Planning\2016\Mayor and Council\Mayor Thorburn Road May Adoption(llb).docx

10 RESOLUTION ST. JOHN S MUNICIPAL PLAN AMENDMENT NUMBER 138, 2016 WHEREAS the City of St. John s wishes to allow the development of an Apartment Building at Thorburn Road. BE IT THEREFORE RESOLVED that the City of St. John s hereby adopts the following map amendment to the St. John s Municipal Plan in accordance with the provisions of the Urban and Rural Planning Act. Redesignate land at Thorburn Road [Parcel ID#s 2925 and 2924] from the Institutional and Urban Expansion Land Use Districts to the Residential Medium Density Land Use District as shown on Map III-1A attached. BE IT FURTHER RESOLVED that the City of St. John s requests the Minister of Municipal and Intergovernmental Affairs to register the proposed amendment in accordance with the requirements of the Urban and Rural Planning Act, IN WITNESS THEREOF the Seal of the City of St. John s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on behalf of Council this day of, Mayor MCIP I hereby certify that this Amendment has been prepared in accordance with the Urban and Rural Planning Act, City Clerk Council Adoption Provincial Registration

11 RMD UEX THORBURN RD SEABORN ST INST UEX O UEX GOLDSTONE ST RLD I CITY OF ST. JOHN'S MUNICIPAL PLAN Amendment No. 138, 2016 [Map III-1A] SCALE: 1:1000 CITY OF ST. JOHN'S DEPARTMENT OF PLANNING, DEVELOPMENT & ENGINEERING I hereby certify that this amendment has been prepared in accordance with the Urban and Rural Planning Act. AREA PROPOSED TO BE REDESIGNATED FROM URBAN EXPANSION (UEX) LAND USE DISTRICT TO RESIDENTIAL MEDIUM DENSITY (RMD) LAND USE DISTRICT AREA PROPOSED TO BE REDESIGNATED FROM INSTITUTIONAL (INST) LAND USE DISTRICT TO RESIDENTIAL MEDIUM DENSITY (RMD) LAND USE DISTRICT THORBURN ROAD Parcel_ID Nos. 2925/2924 M.C.I.P. signature and seal Mayor City Clerk Council Adoption Provincial Registration

12 RESOLUTION ST. JOHN S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 630, 2016 WHEREAS the City of St. John s wishes to allow the development of an Apartment Building at Thorburn Road. BE IT THEREFORE RESOLVED that the City of St. John s hereby adopts the following map amendment to the St. John s Development Regulations in accordance with the provisions of the Urban and Rural Planning Act: Rezone land at Thorburn Road [Parcel ID#s 2925 and 2924] from the Institutional (INST) and Rural Residential Infill (RRI) Zones to the Apartment Medium Density (A2) Zone as shown on Map Z-1A attached. BE IT FURTHER RESOLVED that the City of St. John s requests the Minister of Municipal and Intergovernmental Affairs to register the proposed amendment in accordance with the requirements of the Urban and Rural Planning Act, IN WITNESS THEREOF the Seal of the City of St. John s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on behalf of Council this day of,2016. Mayor MCIP I hereby certify that this Amendment has been prepared in accordance with the Urban and Rural Planning Act, City Clerk Council Adoption Provincial Registration

13 THORBURN RD R2 RRI SEABORN ST R2 RRI O INST RRI GOLDSTONE ST R1 CI O CITY OF ST. JOHN'S DEVELOPMENT REGULATIONS Amendment No. 630, 2016 [Map Z-1A] AREA PROPOSED TO BE REZONED FROM RURAL RESIDENTIAL INFILL (RRI) LAND USE ZONE TO APARTMENT MEDIUM DENSITY (A2) LAND USE ZONE SCALE: 1:1000 CITY OF ST. JOHN'S DEPARTMENT OF PLANNING, DEVELOPMENT & ENGINEERING I hereby certify that this amendment has been prepared in accordance with the Urban and Rural Planning Act. AREA PROPOSED TO BE REZONED FROM INSTITUTIONAL (INST) LAND USE ZONE TO APARTMENT MEDIUM DENSITY (A2) LAND USE ZONE THORBURN ROAD Parcel_ID Nos. 2925/2924 M.C.I.P. signature and seal Mayor City Clerk Council Adoption Provincial Registration