PLANNING ADVISORY COMMITTEE JANUARY 20, 2015 The regular meeting of the Planning Advisory Committee was held in the Council Chamber, Lobby Level. PRESENT Eric Falkjar, Chair Andrew Miller, Vice Chair Philip Hovey, Third Executive Vice Chair Councillor Gerry Lowe Anne McShane Derrick Mitchell Keith Brideau Patrick Beamish Rick Stephens Stacey Forfar, Deputy Commissioner Growth & Community Enrichment Mark Reade, Senior Planner, Growth & Community Development Jody Kliffer, Planner, Growth & Community Development Kristen Flood, Planner, Growth & Community Development Patrick Foran, Planning Officer, Growth & Community Development Lynda Lockhart, Recording Secretary, Growth & Community Development Election of Officers Mark Reade chaired the Election of Officers which took place in the 10 th Floor Boardroom, City Hall. Chair Mark Reade called for nominations for the position of Chair. Eric Falkjar was nominated. Nominations were called for three times. There being no further nominations, the nominations ceased. It was MOVED and SECONDED that Eric Falkjar be declared Chair. GL/AMcS Mark Reade stepped down and Eric Falkjar assumed the Chair.
January 20, 2015 Page: 2 Vice Chair The Chair called for nominations for the position of Vice Chair. Andrew Miller was nominated. Nominations were called for three times. There being no further nominations, the nominations ceased. It was MOVED and SECONDED that Andrew Miller be declared Vice-Chair. AMcS/DM Third Executive Member The Chair called for nominations for the position of Third Executive Member. Philip Hovey was nominated. Nominations were called for three times. There being no further nominations, the nominations ceased. It was MOVED and SECONDED that Philip Hovey be declared Third Executive Member. KB/AMcS The Chair called for volunteers to serve on the Policy Review Sub-Committee. Derrick Mitchell and Eric Falkjar volunteered. The Chair requested the following item be added to the agenda: - Item 6 Review of PAC Procedure / Policy It was MOVED and SECONDED the agenda be adopted as amended. EF/AMcS Item 1: Minutes It was MOVED and SECONDED that the minutes of the December 9, 2014 meeting be approved as presented. PH/AM
January 20, 2015 Page: 3 Item 2: William Burns 54 Omega Drive Mark Reade advised the application for a variance was tabled at the Committee s meetings of November 18, 2014 and December 9, 2014. It was MOVED and SECONDED to lift the item from the table. AMcS/PH Mark Reade, Senior Planner advised the application is for a variance to reduce the required front yard from 6 metres to approximately 1.7 metres to allow for the construction of a detached garage. The garage will be located along the Sigma Street frontage and whereby the subject site is a corner lot, it will require a 6 metre setback along both Omega Drive and Sigma Street frontages. Staff are recommending the variance be denied given its impact on the streetscape and its relationship to the character of other accessory buildings in the neighbourhood. Mr. William Burns, the applicant appeared before the Committee indicating he was not in agreement with staff recommendations and requested clarification with respect to the boundary setbacks. Mr. Reade clarified via site plan depicted on the overhead projector indicating where the garage needs to be located on the applicant s property confirming the location of the public street right-of-way. After considering the report, the presentation and discussions the Committee resolved to adopt the recommendation based on the reasons as outlined in the staff report. It was MOVED and SECONDED that the variance be denied. PH/DM Item 3: St. Vincent s Apartments Inc. 27 Cliff Street Application Type: Rezoning and Variances Jody Kliffer, Planner, advised the application is to rezone what was St. Vincent s High School and repurpose the facility into 34 one and two bedroom rental units, Two variances are also required: (1) to reduce the minimum gross floor area for a one-bedroom dwelling in the Urban Centre Residential (RC) zone to approximately 32.5 square metres, whereas the Zoning Bylaw requires a minimum of 35 square metres; and (2) to reduce the minimum required side yard setback to
January 20, 2015 Page: 4 approximately 1.1 metres along the proposed eastern property line, whereas the Zoning Bylaw requires a minimum side yard setback of 1.5 metres. Peter MacKenzie, of Comeau MacKenzie Architecture, appeared before the Committee on behalf of the applicant, St. Vincent s Apartments Inc., and spoke in favour of staff recommendation. Mr. MacKenzie explained to the Committee that the deterioration process of a building, once abandoned, accelerates after the first few years and typically renders the building unsalvageable after ten years. Mr. MacKenzie indicated that St. Vincent s High School has been vacant for 11 years, which creates a sense of urgency if the building is to be repurposed for a residential use. Mr. MacKenzie discussed the aesthetic enhancements proposed for the St. Vincent s Apartments, which include landscaping improvements, enlarged windows and several community rooms within the building. Mr. MacKenzie stated that the proposed repurposing of the building will be a positive contribution to the surrounding Waterloo Village neighbourhood. The Committee asked Mr. MacKenzie if the access to the gymnasium would be secured considering it is not a part of the current proposal. Mr. MacKenzie responded that the gymnasium is indeed not subject to the current rezoning application, but would be properly secured. After considering the report, the presentation and discussions the Committee resolved to adopt the recommendation based on the reasons as outlined in the staff report. It was MOVED and SECONDED 1. That Common Council rezone a parcel of land having an area of approximately 3,522 square metres, located at 27 Cliff Street, also identified as being PID Nos. 55086367, 55086342, 00014399, 55086334, 55086359 and a portion of PID No. 55221071, from Major Community Facility (CFM) to Urban Centre Residential (RC). 2. That the Planning Advisory Committee approve the following variances from the requirements of the Zoning Bylaw that would: a. Reduce the minimum gross floor area for a one-bedroom dwelling in the Urban Centre Residential (RC) zone to approximately 32.5 square metres, whereas the Zoning Bylaw requires a minimum of 35 square metres; and, b. Reduce the minimum required side yard setback to approximately 1.1 metres along the eastern property line, whereas the Zoning Bylaw requires a minimum side yard setback of 1.5 metres. AM/PB
January 20, 2015 Page: 5 Item 4: City of Saint John (Municipal Plan Amendment) Alan Williams & Karen Connell (Rezoning) 2086 Ocean Westway Application Type: Municipal Plan Amendment and Rezoning Mark Reade, Senior Planner advised the application is for a Common Council directed Municipal Plan Amendment through the PlanSJ adoption process, as well as a Rezoning application from General Commercial to Corridor Commercial to allow for an expanded list of commercial uses on the subject site. Staff are recommending approval of the application subject to a list of permitted commercial uses. Staff are also recommending that the dwelling unit be added to the list of exceptions for the property and further that a car-wash not be permitted until such time as the site is serviced by municipal sewer. Mr. Alan Williams, the applicant, appeared before the Committee and advised he was in favour of the staff recommendation. Mr. Albert Glen Dow, of 2085 Ocean Westway, appeared before the Committee and was not in agreement with staff recommendation, stating it would have a major impact on the neighbourhood and quality of life of residents. Mr. Dow noted Ocean Westway is not designated as a truck route and in his opinion is not a corridor. He also noted the area is one of rural housing and is not an area for additional commercial development, noting areas such as the Spruce Lake Industrial Park and Fairville Boulevard which can accommodate future commercial development. Mr. Jack Cunningham, of 2077 Ocean Westway, appeared before the Committee and expressed concern regarding the potential for increased noise, glare from lights on the site and past construction activities on the property. Mr. Derek Cornford, of 2101 Ocean Westway, appeared before the Committee and indicated he had no objections to the proposal or activities on the subject site, noting the area has a mix of commercial and residential land uses. Al Williams reappeared before the Committee and responded to issues raised by area residents noting that past construction work at the site involved the placement of fill and that this has been completed and any future development will involve building construction. He also indicated that lighting at the site was adjusted so that it was not directed towards adjacent properties and that gates on the site are closed to not permit access to the car sales lot past 8PM. Staff responded to questions from the Committee relating to the range of additional land uses that would be permitted under the Commercial Corridor (CC) zoning, noting that through discussions with the applicant certain land uses of a light-industrial nature were removed from the list of permitted uses in order to reduce the potential for impacts on the adjacent neighbourhood. Committee members also questioned Staff regarding the provision of active transportation
January 20, 2015 Page: 6 elements in new developments on the site and the role of Ocean Westway as a linkage as outlined in the Municipal Plan policies. Staff also responded to questions from the Committee relating to hours of operation of activities on the site, noting that current practice has been not to impose this as a condition attached to an approval as it can create an unlevelled playing field among businesses. After considering the report, the letters received from adjacent property owners, comments made by the applicant and the concerns expressed by area residents, the Committee and further based on the recommendations as contained in the staff report. It was MOVED and SECONDED 1. That Common Council redesignate, on Schedule A of the Municipal Development Plan, a parcel of land with an area of approximately 1.4 hectares, located at 2086 Ocean Westway, also identified as a portion of PID No. 00287474, from Urban Reserve to Stable Area; 2. That Common Council redesignate, on Schedule B of the Municipal Development Plan, a parcel of land with an area of approximately 3 hectares, located at 2086 Ocean Westway, also identified as PID Nos. 55222061, 55222079 and a portion of PID No. 00287474, from Stable Residential and Urban Reserve to Stable Commercial; 3. That Common Council amend the Zoning By-Law by: a) rezoning a parcel of land with an area of approximately 3 hectares, located at 2086 Ocean Westway, also identified as PID Nos. 55222061, 55222079 and a portion of PID No. 00287474, from General Commercial (CG) to Corridor Commercial (CC); and b) adding Dwelling Unit to the list of exceptions for 2086 Ocean Westway on Schedule E of the Zoning By-law; 4. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 3 hectares, located at 2086 Ocean Westway, also identified as PID Nos. 55222061, 55222079 and a portion of PID No. 00287474, shall be subject to the following conditions:
January 20, 2015 Page: 7 a) That the use of the property be limited to the following uses: 1. Accommodation; 22. Personal Service; 2. Auction House; 23. Pet Grooming; 3. Bakery; 24. Private Club; 4. Banquet Hall; 25. Recreational Vehicle Sales and Service, Large; 5. Bar, Lounge, or Nightclub, subject to paragraph 11.5(3)(b); 26. Recreational Vehicle Sales and Service, Small; 6. Business Office, subject to 27. Recycling Bins; paragraph 11.5(3)(c); 7. Business Support Service; 28. Restaurant; 8. Car Wash 29. Retail General; 9. Catering Service; 30. Retail Warehouse; 10. Commercial Entertainment; 31. Sales Centre, Model Home; 11. Communication Facility; 32. Self-Storage Facility; 12. Contractor Services, 33. Service and Repair, Household; Household; 13. Day Care Centre; 34. Service Station, subject to paragraph 11.5(3)(e); 14. Emergency Services Facility; 35. Technical or Vocational School; 15. Equipment Sales and Rental, 36. Transit Terminal; Light; 16. Financial Service; 37. Vehicle Body and Paint Shop, subject to paragraph 11.5(3)(f); 17. Funeral Service; 38. Vehicle Rental; 18. Grocery Store; 39. Vehicle Repair Garage, subject to paragraph 11.5(3)(f); 19. Health and Fitness Facility; 40. Vehicle Sales and Leasing; 20. Health Services Laboratory; 41. Veterinary Clinic; 21. Medical Clinic; 42. The existing use described in Schedule E: Exceptions, of each lot respectively, identified therein as being located in the CC zone. b) That a car wash not be permitted until such time as the site is serviced by municipal sewer; c) All future development shall be in accordance with a detailed site plan and building elevations, to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas, driveways, loading areas, signs, exterior lighting, outdoor storage areas, landscaped areas, other site features and relevant site statistics including coverage; d) The plans mentioned in (c) above must be attached to the building permit application for the development to which it applies, but not including any permit application for site preparation or foundation;
January 20, 2015 Page: 8 e) That no vehicles be parked or displayed on the landscaped area in front of the residence; f) The developer must provide all utilities underground, including power and telephone from the existing overhead facilities; g) The developer must provide a detailed storm water drainage plan and design report indicating how storm water collection and disposal will be handled for any additional development on the site, subject to the approval of the Chief City Engineer or his designate; h) The developer must provide an engineering water and sewer analysis for any additional development on the site, determining the impact of the development on the existing infrastructure, and a detailed engineering servicing plan, subject to the approval of the Chief City Engineer or his designate; i) Any infrastructure improvements that are required to service additional development on the site, will be the applicant s responsibility and cost to complete; 5. That Common Council repeal the Section 39 resolution of September 17, 2001; 6. That the Planning Advisory Committee rescind the conditions imposed on June 7, 1994, as amended on July 7, 1998 regarding the operation of an automotive repair garage and car sales lot at 2086 Ocean Westway; 7. That the Planning Advisory Committee rescind the conditions imposed on October 16, 2012 regarding the operation of a car sales lot at 2086 Ocean Westway. GL/RS Item 5: Belmont Hotel Ltd. (c/o Litsa Daeres) 25-47 King Square North Application Type: Conditional Use One letter expressing concerns was received. Patrick Foran, Planning Officer advised there are two parts to the application. The first part is the consolidation of the existing six parcels that comprise the site into one property, which would then be re-subdivided into two lots, specifically Lots 14-01 and 14-02 as identified on the submitted tentative subdivision plan. The subdivision meets the requirements of the Subdivision By-law and does not
January 20, 2015 Page: 9 require any variances or other approvals from the Committee. The second part of the application is a request to establish and operate a commercial parking area on the proposed Lot 14-01. The establishment and operation of a commercial parking area is a conditional use in the Uptown Commercial (CU) zone. He noted that the applicant s proposed site improvements conform to the minimum By-law requirements, however staff are recommending that the minimum standards be enhanced in order to address the aesthetic and contextual concerns specifically the prominence of the site in relation to King s Square, one of the City s most historic urban squares. The proposed landscaping would include a hard-surfaced pedestrian walkway, three trees, six shrubs, a minimum of two benches, and a bike rack. Paul Daeres, the applicant, appeared before the Committee and indicated he objected to the enhanced landscaping requirements as outlined in the staff report as he would lose two parking spaces. Mr. Daeres further indicated he was upset with the prospect of having to maintain and pay taxes for land the public would get to use for free. Mr. Daeres questioned if he would be responsible for clearing snow and ice in the winter as well as cutting grass in the summer to which the Committee Chair responded he would be held responsible. Mr. Daeres objection to the landscaping led to committee members raising questions about other topics such as security and aesthetics. Mr. Foran responded the conditions, such as the landscaping, are a way to minimize negative impacts on the surrounding area. Following a lengthy discussion, the consensus of the Committee was that they did not want a parking lot in the space. Mr. Foran indicated the newly adopted Zoning By-law does not permit buildings to be demolished for parking lots, but because the theatre was torn down before the Zoning By-law was adopted, a parking lot is permitted as a conditional use on the property. When questioned as to what lighting and security measures were being considered, Mr. Daeres responded he had not considered any as yet. Mr. Foran clarified that there are no by-law requirements for lighting. The Chair indicated in his research, which included taking a walk past the lot before the meeting, he discovered the finalization of the demolition of the Paramount Theatre had not yet been completed and indicated there are still pieces of the structure on the lot. He questioned if in fact the Paramount had been completely demolished and if not, would the revised Zoning By-law come into play, noting this might warrant a legal interpretation. He further indicated he would like a legal opinion on two things, namely; the timing of the demolition of the Paramount, with respect to the enactment of the Zoning By-law, and secondly, if the conditions placed on the lot could be of a temporary nature with the ability to revisit the conditions on an annual basis.
January 20, 2015 Page: 10 It was MOVED and SECONDED that the application be tabled in order to seek legal advice on the following two points: 1) The timing of the demolition of the building with regard to the enactment of the Zoning By-law; 2) Determine what other conditions that could be placed on the proposal more specifically whether or not the Committee can grant temporary approval that would allow it to revisit the conditions on an annual basis. Item 6: Other Business EF/AMcS Policy Review Mark Reade, Senior Planner commented in an attempt to familiarize new Committee members, and as a refresher for long-standing members he suggested a few workshops over the next few months to review a variety of topics i.e. Community Planning Act, the revised Zoning By-law, Rules of Procedure, etc. Mr. Reade indicated the February agenda was fairly light and suggested staff clarify the following two topics: - Skills Matrix for PAC members; and - Roles and Responsibilities of PAC under the Community Planning Act. There being no further business, the meeting adjourned at 8:28 p.m. Eric Falkjar Chair Lynda Lockhart Recording Secretary