Recommendations. Presented To: Planning Committee. Meeting Date: Tuesday, Feb 05, Report Date: Tuesday, Jan 15, 2008.

Transcription

1 Request for Recommendation an application for rezoning to permit a water bottling facility, fitness club, ancillary office uses and one dwelling unit within the existing building, south east corner of Bellevue and Portage Avenues, Sudbury Ontario Limited Presented To: Planning Committee Meeting Date: Tuesday, Feb 05, 2008 Report Date: Tuesday, Jan 15, 2008 Type: Public Hearings File Number: 751-6/07-19 Signed By Report Prepared By Eric Taylor Senior Planner Recommended by the Division Art Potvin Manager of Development Services Reviewed By Bill Lautenbach Director of Planning Services Recommended by the Department Doug Nadorozny General Manager of Growth and Development Recommended by the C.A.O. Mark Mieto Chief Administrative Officer (REFERRED MATTER) Recommendations

2 1. That the application by Ontario Limited to amend By-law Z being the Zoning By-law for the (former) City of Sudbury to change the zoning classification of the lands forming Parcel 7343 SES, Lots 23, 27 and 28, Plan M-129, Lot 1, Concession 3, McKim Township, Sudbury from "R1", Single Residential to "M1", Mixed Light Industrial/Service Commercial - Special be approved subject to the following: a) The lands remain zoned "R1", Single Residential with an exception to add a commercial recreation centre and one dwelling unit as a permitted use. 2. Prior to the issuance of a building permit for the fitness centre the owner shall have entered into a site plan agreement with the City. Report Title: an application for rezoning to permit a water bottling facility, fitness club, ancillary office uses and one dwelling unit within the existing building, south east corner of Bellevue and Portage Avenues, Sudbury Ontario Limited

3 Report Date: Tuesday, Jan 15, 2008 STAFF REPORT Applicant: Ontario Limited Location: Parcel 7343 SES, Lots 23, 27 and 28, Plan M-129, Lot 1, Concession 3, McKim Township, (Southeast corner of Bellevue Avenue and Portage Avenue), Sudbury Application: To amend By-law Z being the Comprehensive Zoning By-law for the (former) City of Sudbury by changing the zoning classification from "R1", Single Residential to "M1", Mixed Light Industrial/Service Commercial - Special. Proposal: The application for zoning by-law amendment is to permit a water bottling facility and a fitness club, ancillary office uses and one dwelling unit within the existing building. Official Plan Conformity: The subject lands are designated "Low Density Residential" in the Sudbury Secondary Plan permitting single detached, semi-detached and duplex dwellings. Section of the Secondary Plan includes policies on the conversion of surplus buildings to a different use indicating that they may be permitted by rezoning without an amendment to the Secondary Plan subject to the following criteria: a. The surplus building is suitable for the proposed use with respect to Building code regulations; b. Off-street parking is adequate; c. The proposed use is compatible with surrounding land uses with regard to noise, fumes, smoke, odours, traffic, hours of operations, signs and other undesirable features; d. The neighbouring conforming uses are protected, where necessary, by the provision of landscaping, buffering or screening; e. Parking, driveways and loading areas are improved, relocated and buffered as warranted;

4 f. Wherever possible, the aesthetic appearance of the building and property is improved and maintained; g. Sewer and water capacities are adequate to serve the new use; h. For conversion to residential uses, the proposed density is appropriate for the area and amenities are adequate. These criteria are reviewed in the Planning Considerations section of this report. Site Description & Surrounding Land Uses: The subject lands have 30.48m (100 ft.) frontage on the south side of Bellevue Avenue with 53.34m flankage (175 ft.) on Portage Avenue. A two storey church is located on the property with approximately 20 parking areas located adjacent to Portage Avenue and to the rear of the church. According to assessment data, the church was constructed in 1938 and until recently has been used as a church. To the north is Bellevue Avenue and lands zoned "C3", Limited General Commercial. To the east and are single detached dwellings on lands zoned "R1", Single Residential. To the west is Portage Avenue and single detached dwellings. Departmental & Agency Comments: Development Engineering The Development Engineering Section has reviewed the above noted application. The site is serviced with a 300mm diameter sanitary sewer main on Bellevue Avenue. It is unclear whether this site is serviced for water by the 200mm diameter main on Bellevue Avenue or the 150mm diameter main on Portage Avenue. This area is predominately single residential and double residential with some commercial properties. The water infrastructure in this area, which includes a network of 200mm diameter and 150mm diameter mains was not designed for a light industrial/service commercial usage such as a bottling plant. We have no information regarding the size of service to this building nor the amount of water to be used in the bottling operation. Due to the residential distribution nature of the watermain network in this area, we cannot support this application. We recommend that if approved, the development proceed by way of Site Plan Control Agreement. Our concerns regarding the site, including possible upgrades to the water supply system, site servicing, and the installation of a test manhole on the sanitary service to the site will be addressed at that time. Transportation Engineering Services a) Roads: No comment

5 b) Traffic and Transportation: The subject property is located on a curvilinear section of Bellevue Avenue. Bellevue Avenue and Bancroft Drive are not designated as "Truck Routes". The creation of a food processing plant will result in the need for trucks to access the property which is not considered compatible with the surrounding road network. Therefore, while we have no objection to a fitness club or office use, we do not recommend approval of the food processing plant. We recommend that development of the subject property occur by way of the site plan control process to deal with issues related to access, parking and on-site circulation. Also, depending on the uses permitted, the need for any road improvements will be reviewed as part of the site plan. Neighbourhood consultation: At the time of preparing this report, the applicant advised that they were going to conduct a neighbourhood meeting on January 3, Planning Considerations: The subject lands are designated "Low Density Residential" in the Sudbury Secondary Plan and are zoned "R1", Single Residential. A church has existed on the property since the 1930's and has operated as a legal non-conforming use until its recent closure. Section of the Secondary Plan includes policies on the conversion of surplus buildings to a different use and provides that they may be permitted by rezoning without an amendment to the Secondary Plan subject to certain criteria. The applicant has provided the following information with respect to the proposed operation: Equipment /machinery: The bottling plant comprises a single unit which washes, rinses and sanitizes, fills and caps the bottles. The applicant advises that the equipment generates minimal noise which they estimate to be less than the idle of a motor vehicle. The equipment is contained within the confines of the building and no outside noise is expected. In discussions with Planning Staff the applicant has advised that they currently process and deliver gallons per day and that they may be able to grow the business to 1,500-2,000 gallons per day at the new location. Planning staff understand that the new equipment is capable of processing up to 450 five gallon bottles per hour. Hours of operation: The applicant has advised that the anticipated hours of operation are Monday to Friday from 8:30 a.m. to 5:00 p.m. The facility will also be open on Saturday mornings from 8:00 a.m. to 12:00 p.m. for customer pickups only. Traffic:

6 The applicant has advised that a 16 foot cube van will load and leave the site at approximately 9:30 a.m. and will be reloaded at around 1:30 p.m. and will return empty at 4:00 p.m. The applicant has advised that should future requirements necessitate a second vehicle, each truck will operate twice daily on the same schedule. Employees: The applicant estimates that the operation will function with five employees. Parking and Loading Area: A loading area is shown along the west side of the building in the yard adjacent to Portage Avenue. Building Permit Conversion: Building permits will be required for the conversion of the building to accommodate the water bottling and fitness centre uses which will need to comply with the Ontario Building Code. In this regard it is noted that an order to comply was issued on November 27, 2007 when it came to the City s attention that an overhead loading door had been installed on the west side of the building without a permit. With respect to the dwelling unit, planning staff understand that a dwelling currently exists as part of the southerly portion of the building. It is not known whether any alterations requiring a permit are proposed for the dwelling Parking/Loading Areas: With respect to parking, based on the 343m2 ground floor area provided by the applicant, and assuming that this is a net floor area, 4 parking spaces would be required for the industrial use based on 1 parking space per 90m2 net floor area. For the fitness centre use, parking is based on 1 space per 6 persons capacity. Based on the above, assuming 20 parking spaces on the site, a fitness centre could reasonably be accommodated. The person capacity for the fitness centre will be determined based on the final building plans and would in part be based on the number of washrooms to be provided. A loading area has been shown by the applicant on the west side of the building and a loading door has recently been installed. Compatibility: Planning Staff have concerns with introducing an industrial type use into a stable residential area. While most of the operation including storage, washing and filling the bottles is proposed to be enclosed within the existing building, there will be some truck traffic and exterior loading and unloading associated with the use. The applicant has advised that the number of cube van trips expected on a daily basis is two outbound and two returns, (possibly double this with two cube vans operating) plus employee traffic. The applicant has also advised that there will be some customer traffic on week days and on Saturdays. Staff are concerned that following the establishment of the water bottling use there will be limited ability to control the frequency of deliveries, output capacity of the plant or hours of operation could change significantly from those currently being suggested by the applicant. In order to address such concerns it would be more appropriately located in an

7 industrial or commercial area which would allow for greater flexibility in the operation of the business without impacting neighbouring uses. In this regard it is noted that the proponent currently operates a business under the name of "Crystal North" located at 943 Notre Dame Avenue on lands zoned "M1-16", Light Industrial -Special, which includes a bottling plant as a permitted use. The company advertises "locally produced bottled water" along with the sale and rental of water coolers and water treatment systems. The applicant has advised planning staff that he intends on relocating the business to the subject lands as the building is larger and will better accommodate recently acquired bottling equipment. Staff are of the opinion that the conversion of the existing church to a residential use or other compatible uses in keeping with the residential character of the neighbourhood would be more appropriate. Staff have concerns with the precedent that would be established should the application be approved to introduce an industrial use into a stable residential area where no history of legal or legal non-conforming uses of a similar nature have existed. With respect to the fitness centre proposed to be located on the lower level of the building, staff note that such a use would serve the needs of local residents and has less potential to adversely impact the existing uses in the area than an industrial use, provided that the occupancy capacity is limited to the available parking on the site. The applicant has indicated that ground floor area to be used as the fitness centre has an area of approximately 343m2. Staff are of the opinion that the fitness centre use could be compatible with the existing uses in the area with some enhancements to the landscaping and fencing on the property. Planning staff have no objection to the one existing dwelling unit being recognized in the amending by-law. Landscaping/Buffering: No fencing is located along the property lines and no landscaping is present in the rear yard or side yard abutting Portage Avenue which are gravel and paved parking areas. Low shrubs appear to be located on the adjacent properties to the east and south. Given the location of the building on the lot and its past use as a church it is expected that there would have been minimal activity on the east side of the building which is setback 6m from the easterly property line. This area should be maintained in a landscaped condition should the application be approved. Adjacent to the parking area in the rear yard, fencing should be installed adjacent to the easterly and southerly property lines to buffer the abutting residential lots. Landscaping should be enhanced between Portage Avenue and the parking lot to improve the aesthetic appearance of the property. Details respecting the fencing and landscaping can be addressed at the site plan stage. The exterior of the building is to be maintained with the addition of a loading door on the west elevation. Summary: Planning Staff have concerns with introducing an industrial type use into a stable residential area. Staff are concerned that following the establishment of the water bottling use there will be limited ability to control the frequency of deliveries and hours of operation, which could change significantly from those currently being suggested by the applicant. In order to address such concerns, this use would be more appropriately located in an industrial area which would allow for greater flexibility in the operation of the business and minimize nuisance issues. The fitness centre use is considered to be compatible with the neighbourhood subject to some improvements to the landscaping

8 and fencing which can be addressed at the site plan agreement stage. Planning staff have no objection to the one existing dwelling unit being recognized in the amending by-law and are satisfied that its integration with the fitness centre use can be addressed as part of the site plan approval required for the fitness centre. Should the Committee concur then the recommendation should be adopted.