The Corporation of the Municipality of Leamington Public Meeting Agenda Zoning By-law Amendment Monday, March 9, 2015 Commencing at 6:05 PM In Leamington Council Chambers Item for Consideration: 1. Zoning By-law Amendment #110 for 102 Talbot Street a. Notice of Public Meeting dated February 18, 2015 Page 2 to 3 b. Report PLA 10/15 dated February 4, 2015 regarding Zoning By-law Amendment, ZBA #110, C. & E. Babkirk, 102 Talbot Street (180-01700) Pages 4 to 9 c. Comments received from the Essex Region Conservation Authority dated February 24, 2015 Pages 10 to 11 Suggested Recommendation: That Zoning By-law Amendment Application ZBA#110 (C. & E. Babkirk) to amend the zoning of 102 Talbot Street from the Residential Zone (R2-4) to Residential Zone (R2-12) has been reviewed and is deemed to be complete pursuant to the requirements of the Planning Act; And that if no concerns are raised at the public meeting the Clerk be directed to forward amending B-law #457-15 to Council for its consideration. (Report PLA/10/15) Page 1 of 11
THE CORPORATION OF THE MUNICIPALITY OF LEAMINGTON NOTICE OF A COMPLETE APPLICATION AND PUBLIC MEETING TO CONSIDER A ZONING BY-LAW AMENDMENT ZBA #110-102 Talbot Street TAKE NOTICE that the Council of The Corporation of the Municipality of Leamington will hold a public meeting concerning a proposed zoning by-law amendment under the provisions of the Planning Act, R.S.O. 1990 on MONDAY, MARCH 9, 2015 at 6:00 pm in the Council Chambers at the Municipal Building. THE PURPOSE of the proposed amendment is to change the zoning on lands described as Part Lots 17 & 18, Plan 173 municipally known as 102 Talbot Street (see inserted key map). The subject property is designated for residential land use in the Official Plan, as shown on Schedule "A-6B" and is site specifically zoned R2-4 under Zoning By-law #890-09, as shown on Map 39. The current R2-4 zoning allows off and on site office uses, in addition to residential uses. The proposed amendment seeks to allow an animal clinic, personal service or residential uses, in addition to the permitted office uses. ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposed zoning by-law amendment. IF A PERSON or public body does not make oral submissions at the Public Meeting or make written submissions to The Corporation of the Municipality of Leamington before the by-law is passed, the person or public body is not entitled to appeal the decision of Council of The Corporation of the Municipality of Leamington to the Ontario Municipal Board. IF A PERSON or public body does not make oral submissions at the Public Meeting or make written submissions to The Corporation of the Municipality of Leamington before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. ADDITIONAL INFORMATION relating to this matter is available for review at the Municipal Office for The Corporation of the Municipality of Leamington, during regular office hours. Please contact Danielle Truax, Manager of Planning Services, for further information. DATED at the Municipality of Leamington this 18th day of February, 2015. TRACEY PILLON-ABBS DIRECTOR OF COMMUNITY AND DEVELOPMENT SERVICES MUNICIPALITY OF LEAMINGTON 111 ERIE STREET NORTH LEAMINGTON, ONTARIO N8H 2Z9 TELEPHONE: (519) 326-5761 Page 2 of 11
99 97 95 101 103 105 TALBOT ST W TALBOT ST W 98 102 104 100 RUSSELL ST 106 56 54 52 50 48. Legend ZBA#110 102 Talbot Street (180-01700) C. & E. Babkirk COPYRIGHT THIS IS NOT A LEGAL PLAN OF SURVEY & IS NOT TO SCALE. This map is the property of the Corporation of the Municipality of Leamington and may not be reproduced without expressed permission and authorization. The user of this map assumes all risk associated with it. All efforts have been made to ensure accuracy and completeness, however no guarantees can be made. Provided by the: Municipality of Leamington Page - GIS Services 3 of 11 111 Erie Street North, Leamington, Ontario N8H 2Z9 TEL: (519) 326-5761 FAX: (519) 326-2481
Report PLA/10/15 To: From: Mayor and Members of Council Danielle Truax, Manager of Planning Services Date: February 4, 2015 Re: Zoning By-law Amendment - ZBA #110 C. & E. Babkirk 102 Talbot St. W. (180-01700) Aim: To provide Council with information regarding an application to amend Zoning By-law #890-09 for property located at 102 Talbot Street and to request that the required Public Meeting be scheduled. Background: Staff has received an application to amend the zoning for land described as Part Lots 17 & 18, Plan 173 located at 102 Talbot Street (see inserted key map). The subject property is the current location of the Realty House Real Estate Office and is also used for other professional offices. The property is located in an area designated for residential development and is site specifically zoned Residential Zone (R2-4) under Zoning By-law 890-09. The R2-4 zone permits off and on-site offices, as well as the residential uses permitted in the R2 zone. The existing building has approximately 315.88 m 2 (3400 sq. ft.) of office space with access and 3 parking spaces located to the rear of the property off of Russell Street. A copy of the site survey has been attached to the end of the report as Figure 2.0. The building was constructed approximately 30 years ago as a dentist office. In 2000, the owner of the property obtained a zoning by-law amendment to allow the building to be used as an office. Proposal: The owners of the property have submitted an application to amend the zoning to allow an animal clinic or the residential uses permitted in the R2 zone. The proposed zoning seeks to allow a use that is similar in nature and would generate less intense activity to and from the site on a daily basis. The proposed use is compatible both with the commercial uses in the immediate area, as well as the surrounding residential area. Page 4 of 11
Page 2, PLA-10-15, ZBA #110, C. & E. Babkirk 102 Talbot Street The R2-4 zone is shared with the abutting property to the immediate east. 100 Talbot Street is currently a two storey multi-residential unit. The proposed amendment will change the zoning of only 102 Talbot Street to a new site specific zone. Key Map of Subject Property Comments: Provincial Policy Statement (PPS): The subject property is located within an identified Settlement area as shown in the planning documents for the County of Essex and the Municipality of Leamington. The proposed amendment will allow for the efficient use of lands in a manner that provides for an appropriate mix of land uses which can be appropriately serviced. The application does not seek to enlarge the settlement area and is not removing lands from the agricultural area. The zoning will allow for the continued commercial use of the property in a manner that is complimentary to the area and which can be adequately serviced by the existing infrastructure. The proposed amendment does not impact the natural heritage features which have been identified as being on the subject property. The proposed amendment is consistent with the direction of the PPS in particular those sections addressing development and land use patterns, settlement areas, levels of servicing, and long term economic prosperity. Page 5 of 11
Page 3, PLA-10-15, ZBA #110, C. & E. Babkirk 102 Talbot Street County of Essex Official Plan 2005 (County OP): The subject property is located in the Settlement Area on Schedule A2 of the County OP. Primary Settlement areas are built up areas which have been designated in local OP s for development over the long term planning period. The land use goals contained within the County OP establish that all types of land uses be permitted within settlement areas subject to local land use designations. Development within settlement areas is encouraged to be compact, mixed use and to use services, land and resources efficiently. The proposed amendment allows for job opportunities that are appropriate in areas where residents live. The proposed amendment conforms to the land use policies Secondary Settlement areas, as contained within the County of Essex Official Plan. Leamington Official Plan, 2008 (OP): The subject property is designated for residential land uses as shown on Schedule A-6B of the Leamington OP. The land use goals for residential areas within the OP are to provide a broad range of residential structures in order to meet the needs of households for the planning period. The land use goals of the OP seek to protect existing residential areas from non-residential redevelopment pressures. The commercial uses of the properties in the immediate area are considered non-conforming uses that are permitted use under the provisions of the Zoning By-law. Section 7.12 of the OP allows Council to consider permitting a range of similar uses on those lands provided that the uses meet the following criteria: a) the zoning does not permit any change of performance standard that aggravates any situation detrimental to adjacent complying uses; b) the use does not pollute the air or water to the extent of interfering with the normal enjoyment of property; c) the use does not interfere with the desirable development or enjoyment of the adjacent area; d) the use does not constitute a danger to surrounding uses and persons because of its hazardous nature or traffic generated; A rezoning to permit another use may only be permitted where the proposed use is more compatible with, or conforms to, the land use policies and designations contained in this Plan. In considering the proposed amendment, the existing and permitted land uses in the surrounding area were noted. The subject property is bound by the uses and zones listed in Figure 1.0: Page 6 of 11
Page 4, PLA-10-15, ZBA #110, C. & E. Babkirk 102 Talbot Street Figure 1.0 Surrounding Uses Location Property Zoning Permitted Uses 106 Talbot Street R2-2 Nursing Home, Off and On site Offices; Clinics; Residential 104 Talbot Street Uses R2-3 Hair Dressing Establishment & Beauty Salon & R2 Residential Uses Subject Property 102 Talbot Street R2-4 Off and On Site Offices & R2 Residential Uses East 100 Talbot Street R2-4 Off and On Site Offices & R2 Residential Uses 98 Talbot Street R2-5 Office Building North R2 Residential Uses The surrounding area has been developed for the most part with single detached dwellings many which have been converted into two or more dwelling units. The proposed use is considered to be as compatible as the current office use with the surrounding residential and commercial uses. The requested use will be limited to the existing building and in some cases could offer a direct service to the residents in the area. The current office use has the highest on-site parking requirement per floor area and has been using the existing 3 parking spaces with no reported issues. It is suggested that a proposed by-law would be worded to prevent expansions to the building and to limit the use of the building to either commercial or residential uses. Financial Impact: The application has no financial impacts to the Municipality. Conclusion: Notice of the public meeting was circulated to all commenting agencies, municipal departments and abutting landowners within 120 m (400 ft.) of the subject property, published in the local newspaper and posted on the municipal web-site on February 18, 2015. All information in consideration of the application was made available to the public and commenting agencies for review prior to the public meeting. The purpose of the public meeting is to receive public comments with respect to the proposed lot addition and concurrent rezoning. Subject to receiving comments from the public, Administration is in a position to state the application as proposed: i) is consistent with the policy statements issued under subsection 3 (1) of the Planning Act. ii) conforms to or does not conflict with any applicable provincial plan or plans. iii) is in keeping with the overall goals and policies of the Official Plan. iv) meets the criteria used when considering applications to amend the zoning by-law. Page 7 of 11
Page 5, PLA-10-15, ZBA #110, C. & E. Babkirk 102 Talbot Street If no concerns are raised at the public meeting, it is requested that Council consider approving amending B-law #457-15 the evening of the public meeting. However, if concerns are raised at the public meeting, a final report and recommendation will be prepared by Administration addressing the concerns raised by residents, commenting agencies and presented to Council for consideration. Upon Council making a decision and providing the required Notice of Passing with respect to the requested Zoning By-Law amendment there is a 20 day appeal period where objections can be submitted to the Ontario Municipal Board (OMB). Upon receipt of an appeal, the OMB is required not only to have regard to Council s decision, but the basis on which the decision is made. In order to ensure that the OMB has regard to Council s decision, Council should be able to demonstrate that its decision was fully supported by relevant information and that the information was considered by Council. Recommendation: That Zoning By-law Amendment Application ZBA#110 (C. & E. Babkirk) to amend the zoning of 102 Talbot Street from the Residential Zone (R2-4) to Residential Zone (R2-12) has been reviewed and is deemed to be complete pursuant to the requirements of the Planning Act; And that if no concerns are raised at the public meeting the Clerk be directed to forward amending B-law #457-15 to Council for its consideration. (Report PLA/10/15) Respectfully submitted, Danielle Truax, Digitally signed by Danielle Truax, Manager of Planning Services Manager of DN: cn=danielle Truax, Manager of Planning Services, o, ou, Planning email=dtruax@leamington.ca, c=ca Date: 2015.02.12 15:25:58-05'00' Services Danielle Truax Manager of Planning Services :dt Tracey Pillon-Abbs, Director of Community & Development Services Digitally signed by Tracey Pillon-Abbs, Director of Community & Development Services Date: 2015.02.13 04:20:24-05'00' Tracey Pillon-Abbs Director of Community and Development Services Peter Neufeld, CAO Digitally signed by Peter Neufeld, CAO DN: cn=peter Neufeld, CAO, o, ou, email=pneufeld@leamington.ca, c=ca Date: 2015.02.26 09:44:27-05'00' Page 8 of 11
Page 6, PLA-10-15, ZBA #110, C. & E. Babkirk 102 Talbot Street Figure 2.0 Site Sketch of 102 Talbot St. W. Page 9 of 11
February 24, 2015 Ms. Tracey Pillon-Abbs, Director of Development Services Municipality of Leamington 111 Erie St. N. Leamington ON N8H 2Z9 Dear Ms. Pillon-Abbs : RE: Zoning By-Law Amendment ZBA-110 102 TALBOT ST W ARN 370618000001700; PIN: 751330171 Applicant: BABKIRK CONRAD The following is provided for your information and consideration as a result of our review of the above referenced Zoning By-Law Amendment ZBA-110. We acknowledge that the site is currently zoned for residential use with off and on office uses. The proposed amendment will allow the additional uses of an animal clinic, personal service, or residential uses, in addition to the permitted office uses. SECTION 28 CONSERVATION AUTHORITIES ACT We have reviewed our floodline mapping for this area and it has been determined this site is not located within a regulated area that is under the jurisdiction of the ERCA (Section 28 of the Conservation Authorities Act). As a result, a permit is not required from ERCA for issues related to Section 28 of the Conservation Authorities Act, Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Regulations under the Conservations Authorities Act, (Ontario Regulation No. 158/06). WATER RESOURCES MANAGEMENT Our office has reviewed the proposal and has no concerns relating to stormwater management. NATURAL HERITAGE POLICIES OF THE PPS, 2014 We note that the subject property is not within or adjacent to any natural heritage feature that may meet the criteria for significance under the Provincial Policy Statement (PPS). Based on our review, we have no objections to the applications with respect to natural heritage policies. 1 of 2 Page 10 of 11
Ms. Pillon-Abbs February 24, 2015 If you should have any questions or require any additional information, please do not hesitate to contact the ERCA Watershed Planner, Mike Nelson by phone at (519) 776-5209 ext. 347, by fax at (519) 776-8688 or by e-mail at mnelson@erca.org. Thank you. Sincerely, Mike Nelson Watershed Planner /cor Page 2 of 2 Page 11 of 11