Staff Report To: From: Council Debbie Robertson, AMCT, Clerk Director of Council and Legislative Services Date: Report: Subject: PL.17.18 Planning Report Z33.2016 & OP02.2016 Application Details: Location: Applicant: Owner: Grey County Official Plan: Grey Highlands Official Plan: Zoning By-law No. 2004-50: Official Plan and Zoning By-law Amendment Application (File Nos. OP02.2016 and Z33.2016) Parts of Lot 102 & 103, Concession 1 NETSR (former Township of Markdale) 103 & 105 Toronto Street South Maverick Development Corporation 1066517 Ontario Inc. Primary Settlement Area Neighbourhood Area Residential (R), Residential Multiple (RM), Hazard (H), Open Space (OS) and Development (D). THE PURPOSE OF THE APPLICATION: The purpose of the Official Plan Amendment is to re-designate a portion of the subject lands to permit a commercial development (grocery store) on the subject property. The purpose of the Zoning By-law Amendment Application is to re-zone a portion of the lands to permit a commercial use on the subject lands.
THE EFFECT OF THE AMENDMENTS: To change the land use designation on Schedule 'A' of the Municipality of Grey Highlands Official Plan from Neighbourhood Area to Employment Area as shown on Schedule 'A' to the Official Plan. To change the zone symbol on Schedule B-1 of the Municipality s Comprehensive Zoning By-law from Residential (R) and Multiple Residential (RM) to Highway and Service Commercial (C2-280) as shown on Schedule A, attached hereto. Exception 280 will recognize a reduced Minimum Front Yard Setback of 3 metres where 9 metres is required and a reduced Minimum Exterior Side Yard Setback of 3 metres where 6 metres is required. 1.0 Recommendation: RESOLVE, That Committee of the Whole receive for information purposes. 2.0 Background: The subject lands are municipally known as 103 and 105 Toronto Street South. The subject lands are legally described as Concession 1 NETSR, Part of Lots 102 and 103, North East of the Toronto and Sydenham Road (Former Village of Markdale), Municipality of Grey Highlands. The property is currently designated Neighbourhood Area within the Municipality of Grey Highlands Official Plan and zoned Residential (R), Residential Multiple (RM), Development (D), Open Space (OS), and Hazard (H) within the Municipality of Grey Highlands Comprehensive Zoning By-law 2004-50. Surrounding land uses in the area include two existing churches and a manse to the west of the subject property, all zoned Institutional (I). Additional surrounding land uses mainly include residential to the west and north, located amidst the above noted institutional uses and other commercial uses associated with the Main Street area of the Markdale Urban Area. Located to the east and south of the subject property is a combination of residential and rural lands. There is an existing draft approval on the lands for a Plan of Subdivision. The draft approval was issued on March 5, 1993 by MMAH. This draft approval consisted of a development with one commercial block, one apartment block, twelve townhouse lots, four semi detached lots and forty three single detached lots. This Draft Plan Approval has no lapse date and as such is still a valid Approval. The lands would generally be zoned for Phase 1 of the Draft Approval. Notice was given for a statutory public meeting to be held January 10, 2017; however, this meeting was cancelled due to inclement weather. A statutory public meeting was held February 9, 2017 at 7:00pm. 3.0 Proposed Development The applicant has submitted an application for an Official Plan Amendment and Zoning By-law Amendment as they pertain to a portion of the subject lands. The purpose of these applications would be to designate and zone a portion of the lands for commercial purposes under the current standards and provisions. 2 P a g e
The subject lands are a rectangular shaped parcel located on the north side of Toronto Street between Uplands Drive and Mark Street East, in the Village of Markdale. The subject lands consist of an existing parcel of land, approximately 0.10 hectare (0.25 acre) in size, known municipally as 103 Toronto Street; as well as a 1.39ha (3.42ac) portion of the 224.86ha (91ac) overall parcel of land, known municipally as 105 Toronto Street. It is intended that a consent application will be submitted to sever a portion of 105 Toronto Street from the 224.86 hectare land holding and be consolidated with the smaller parcel, to create the limits of the subject lands. These lands would also have to be removed from the Draft Plan Approval. 4.0 Submission: The planning submission was received by the Municipality on November 9, 2016 and was deemed complete on December 8, 2016. The complete submission included the following documents: - Application and Requisite fees - Planning Justification Report (Zelinka Priamo) - Traffic Impact Study (Paradigm Transportation Solutions) - Engineering Report and Drawings (Odan-Detech Consulting Engineers o Site Servicing 3 P a g e
o Plan Profile o Stormwater Management - Site Plan (Claire Avenue Design) The Traffic Impact Study, Engineering Report and drawings, as well as the Site Plan was forwarded for municipal peer review. These documents have now been peer reviewed. This report will provide details on the peer review. 5.0 Proposed Development: The subject lands are proposed to be developed for a 3,025 square metre (32,560 square foot) food store as well as a 342.8 square metre (3,460 square foot) retail building. The food store building is proposed to be located to the rear of the subject lands with a total of 178 parking spaces provided between the proposed store and Toronto Street South. Access to the site has been proposed via a right-in/right-out off of Toronto Street South, as well as two access points from a new road to be constructed along the west side of the property, opposite Victoria Street. Loading facilities are located to the rear of the building, screened from public view. The planning justification report indicates that the proposed development of the subject lands for a food store allows for a more accessible and larger food store, which better provides for the needs of the residents of Markdale than the existing food store located to the south of the subject lands. A concurrent Official Plan and Zoning By-Law Amendment application is proposed to re-designate the subject lands to the Employment Area designation, and to rezone the subject lands to a site-specific Highway and Service Commercial (C2 Site Specific) zone to permit the proposed development. The site specific zone requested would be as follows: Front Yard Setback 9.0 metres is required where 3.0 metres is requested. Exterior Side Yard Setback - 6.0 metres is required where 3.0 metres is requested. 6.0 Ratepayer Comments (Summary): At the public meeting there were extensive comments provided and detailed in the meeting minutes. The following is a summary: - An interest in community planning. - Concerns that the proposal is not appropriate. - Isolated pocket of commercial. - Oversupply of commercial areas. - Traffic concerns with the access road at the top of the hill by the Catholic Church and having three lanes south, with one being a left turn, would be contingent for traffic congestion and accidents, and to enter or exit from the facility on Toronto street would be hazardous for cars turning South 4 P a g e
- Concerns regarding the view from neighbouring properties. - Concerns regarding noise. - General traffic concerns. - Concerns with lighting. - Loitering and safety for others. - This use should be in the downtown core. - Property values for lands in the area. - Should continue as residential to fit into the area. 7.0 Agency Comments (Summary): The following is a summary of Agency comments from the public meeting process: Saugeen Valley Conservation Authority - Provided the above noted Threatened and Endangered Species policies are appropriately addressed by the applicant, SVCA staff is of the opinion that the proposed amendments are acceptable. Grey Sauble Conservation Authority - Risk Management Office RE: Clean Water Act, 2006 - From the information noted in your building permit/planning application with the Municipality of Grey Highlands, it has been determined that neither section 57 (Prohibited Activities) nor section 58 (Regulated Activities) applies on the above noted property, pursuant to the Clean Water Act, 2006. Grey Highlands Building Services Department - Please be advised that Building Services Department has no concern with the above noted applications. If the applications are approved, the owners will be required to apply for approved building permits prior to the commencement of construction for a commercial building. Stamped engineered drawings, along with a letter of commitment from the Engineer, will be required to be submitted with building permit applications. Grey Highlands Transportation and Environmental Services Department: - Site plan and accompanying technical reports have been forwarded onto the Municipal Engineer peer review and comment. Grey Highlands Fire and Emergency Services Department: - The Zoning By-law amendment does not, in the opinion of the Fire Department, raise fire safety concerns and issues. Building code and fire code requirements exist at time of permit application. 8.0 Policy Review (Summary): The municipality adopted a new Official Plan on December 14, 2015. Although this plan is not yet approved by County, it is the basis of this review. 5 P a g e
The lands are designated Neighbourhood Area. The Official Plan provides the following policy framework for development. Within the Official Plan, the Primary Settlement Area of Markdale is where the majority of growth will be directed. New development, aside from infilling actions within these communities, will occur by way of full water and sanitary treatment facilities. The Official Plan speaks to one of the major concerns dealing with the economic well-being of the municipality. Council has provided direction to ensure the policies provide an open for business mindset. The Official Plan is to be a positive impetus to sustainable development and ensure that sufficient lands are available for development opportunities. The policies within Section 4.5.1 and entitled Markdale provides the pertinent policies related to development. (a) This Plan encourages a wide variety of land uses and housing types to develop in Markdale. The development proposes a new commercial development for a large food chain business, as well as associated parking and loading. There is a footprint at the front of the parcel for a future commercial uses. (b) All new development will occur on full municipal water and sanitary treatment facilities. The development will be on municipal services. Technical reports have been submitted. (c) That an overall average development density of 20 units per net hectare will be achieved. The development is commercial. There will be an increase in jobs. (e) This plan encourages intensification opportunities within Markdale and supports the development of intensification strategies to ensure that residential targets are met and that a variety of housing options are available to residents. The development is not residential. (f) This plan encourages revitalization opportunities within the downtown area of Markdale. Further, the plan encourages the preparation of downtown area revitalization strategies in order to utilize all opportunities available to the municipality and to business owners. The proposal is for a new food store, which would be located outside of the Downtown Area of Markdale. The agent s Planning Report indicated that a review of the lands in Markdale reveals that there are no suitably sized, undeveloped parcels of land with frontage on either Toronto Street or Main Street currently designated Employment Area. As such, the subject lands represent a viable and appropriate location for the proposed re-designation to permit the proposed food and retail stores. 6 P a g e
The lands are proposed to be re-designated to Employment Area. The purpose of the Employment Area designation is to identify land which is suitable for retail and service commercial and industrial uses. Permitted Uses include the following: Industrial. Warehousing and wholesaling. Retail stores. Professional and medical offices. Restaurants. Service commercial uses. Financial institutions. Entertainment and major recreational uses and facilities. Automotive sales and service establishments. Medical clinics. Institutional uses such as places of worship, schools, cemeteries, libraries, and nursing and retirement homes. Public and private clubs. Funeral homes. Accessory residential uses. Staff have reviewed the Employment Area development policies. Section 6.1.9 outlines the criteria for Official Plan Amendments. When considering Amendments to this Plan, Council shall have regard to the following: (a) The need for the proposed change: however this criterion does not apply to applications for the creation or expansion of a mineral aggregate operation. It has been identified by the agent that the existing Foodland location to the south of the subject lands is insufficient to meet the needs of the residents of Markdale. The intent is to provide a larger food store that provides a larger range of products. However, as a function of a larger store, this also increases requirements for parking, access, loading, truck traffic etc., in addition to the larger footprint building. It is the staffs understanding that other sites and solutions have been sought. However, lands within Markdale, on a major corridor and with a land mass as required are few. Staff understand the concern regarding the establishment of a grocery store outside of the downtown core, however, new food stores being developed today in surrounding communities also have required large plots of lands, on major corridors. This is not always available in a downtown core area unless there was a previously developed site or a land assembly was possible. The proposed site is approximately 100 metres from the edge of the downtown core designation. It is adjacent to several institutional uses and will abut a newly proposed residential development to the east, which is planned for multiple residential at this time. Staff has reviewed other similar communities with newer food stores that are located outside of the core main street. These site are on similar sized parcels of land, and often do abut a portion of residential land. It is clear that landscaping, buffering and urban design must play paramount in this process. Staff also put weight on the importance of such a development on the community. A new food store that can offer a much greater range of products than what currently exists will be beneficial to the community, can be an aid as an impetus for future development, will increase employment for the store and is likely to keep patrons shopping 7 P a g e
locally, versus driving to another community where this type of modern new store exists. (b) The extent to which the existing areas in the proposed categories are developed and the nature and adequacy of such existing development. The agent has indicated that there are no other sites available in the community that are designated and zoned and that would accommodate a new, larger format food store. It would appear that there is a need for a larger grocery store that can both provide the range of products offered by foodstores in other communities, and will also retain patrons within the community. (c) The physical suitability of the land for such proposed use as it relates to items such as: i. environmental and/or physical hazards; There are no environmental or physical hazards affecting the subject lands. ii. Natural heritage features; There are no natural heritage features on or surrounding the subject lands. iii. Traffic impacts and safety, accessibility and convenience; A Traffic Impact Assessment has been submitted and has been peer reviewed. The report opines that it is not anticipated that the traffic generated by the proposed development will cause any undue impacts on the existing road systems. iv. The convenience and accessibility of the site to service the community; The site is located 100 metres from the downtown core designation, and 270 metres from the intersection of Main Street and Toronto Street. The site is located on Toronto Street South amongst a range of other uses including residential, institutional and commercial. The site is convenient and is accessible. The site is also adjacent to a large draft plan of subdivision where Phase 1 is likely to include multiple residential. (Note: The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) became law on June 13, 2005. The purpose of the AODA is to benefit all Ontarians by developing, implementing and enforcing accessibility standards. The goal is to achieve accessibility for Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises by January 1, 2025.) 8 P a g e
v. Adequacy of the potable water supply and suitability of the site for sewage disposal facilities; The site will be fully serviced, and the engineering reports are now peer reviewed. vi. The compatibility and potential effects of the proposed use on the surrounding area with a view to minimize adverse impacts on adjoining properties; and As noted in this report, the proposed may be compatible with adjacent uses, including surrounding low-density residential uses. Appropriate buffering and screening, and urban design would be implemented throughout the site, through the Site Plan Approval process. vii. Environmental, engineering, hydro-geological, or other studies may be required to determine the suitability of a site. These reports should identify the existing situation, the impacts, and the required mitigation methods to address adverse impacts. (d) The potential effects of the proposed use on the financial position of the municipality, particularly the demand for services and facilities. The development of a new food store in the community is considered a positive asset. It provides the residents a new modern facility with a larger range in products and services. The new site would increase number of employees, as well as spin off jobs. There would be an increased tax base, and the site would be seen as positive to residential developers who are looking at investing in the municipality. With respect to process and development of the site, there are no financial implications on the Municipality. 9.0 Peer Review (Summary): The technical submission has been peer reviewed and the following is a summary: - Traffic operations (2030) Total Traffic scenario are forecasted to be acceptable as follows: o Intersection of Toronto Street/Victoria Avenue/Proposed Access Road Operating under un-signalized conditions but with the addition of a southbound lane with 15 metres of storage. o Intersection of Toronto Street/Main Street no improvements required. - Background Traffic Volumes Considering the commercial nature of the proposed development, it is recommended that further analysis be provided to confirm traffic operations during the summer time periods noted. - Growth in Background Traffic Additional justification should be provided to confirm the growth rate assumed. 9 P a g e
- Trip Generation the current TIS should consider the impact of the Draft Plan Approval to the east. This should include recognition and logical phasing for these long term requirements. - Traffic Signal Warrants Revise to use free flow criteria, due to the small size of Markdale and its impact on traffic expectations. - Truck Access The TIS should include an Auto-Turn analysis to confirm the truck access/egress between Toronto Street and the proposed loading spacers on the site. - Operational Impacts of Offset Intersection A functional design should be provided for this intersection that confirms its operations under both unsignalized conditions and signalized conditions. The alignment of the lanes, both north-south and east-west should be reviewed, as well as any pedestrian crossing requirements/impacts that may result from the offset intersection configuration. - Operational Impacts Along Toronto Street Further consideration should be made of the need for a right turn taper or right turn lane to facilitate ingress movements at this intersection and for a similar taper to facilitate merging movements for ingress movements with traffic on Toronto Street. - Sight Distances at Accesses the TIS should confirm the sight distances and day-lighting triangle visibility at the proposed accesses with Toronto Street. Engineering Drawings - The proposed access road should be constructed to municipal standards and there should be consideration to the road being assumed by the Municipality. - Turning of municipal road maintenance equipment required. - The alignment of the proposed access road is offset from Victoria Street. Efforts should be made to minimize the offset. - There does not appear to be an outlet from the temporary stormwater management pond. Additional details are required. - The site servicing plan shows proposed grading on private property. - Confirmation that the future subdivision lands situated northeast of the site will not be serviced by sanitary along the Proposed Access Road should be provided. - The entrance to the Catholic Church Manse should be reviewed, and relocated. Stormwater Management - The report shall provide confirmation that the proposed site has the right to drain to the property located to the east. - Quality and Quantity shall be required for the access road. - A discussion of soils and groundwater conditions is required. - MTO approval may be required. - A MOECC ECA will be required for the proposed stormwater works. - All drawings will require an engineer seal and proper dates to be relied upon for a Site Plan Agreement. - 10 P a g e
Sewage Collection - The servicing strategies for the vacant surrounding lands should be confirmed. Water Distribution - Fire flows shall be confirmed. 10.0 Next Steps: With respect to next steps, it is anticipated that a second submission will be received from the Applicant in order to address the peer review comments and comments received at the public meeting. Any amended drawings or details will then be reviewed by staff and the peer reviewer. Following this review, staff would hope to be in a position to bring a second planning report forward to Council. Kristine Loft, MCIP RPP Consulting Planner Debbie Robertson, AMCT Director/Clerk Council & Legislative Services 11 P a g e