planning and development committee agenda €€€€january 13, …

TOWN OF GRIMSBY

Planning and Development Committee Agenda January 13, 2015

7:00 p.m.

Town Hall, 160 Livingston Avenue

Page

1. Call to Order

2. Disclosure of Pecuniary Interest

3. Public Meeting

a) Zoning Amendment Application - 107 Main Street East

4. Open House

a) Draft Plan of Condominium - Josie's Landing Nelles Road

b) Zoning Amendment & Draft Plan of Condominium - 15 Lake Street

5. Reports

a) Report P.A. 15-01 - Zoning Amendment Application - 107 Main Street

6. Minutes

a) Minutes of the Property Standards Meeting Held November 12, 2014

7. New Business

3-5

7-12

13-24

25-26

of 26

Adjournment

The next meeting of the Planning & Development Committee is February 10th, 2015.

of 26

OPEN HOUSE FACT SHEET APPLICATION FOR DRAFT PLAN OF VACANT LAND

CONDOMINIUM 8 NELLES ROAD NORTH

A. LOCATION: The subject lands are located on the east side of Nelles Road North just north of Main Street East. The property extends northeast to the westerly terminus of Wentworth Drive as illustrated on the plan below.

B. BACKGROUND/PROPOSAL: Background Previous applications for this site included:

• consent applications B-06/11and B-07/11 which have severed the lands at 133 and 137 Main Street East to create the subject lot and a lot at the corner of Main Street and Nelles Road; and

• zoning amendment application Z-11-7 which changed the zoning of the subject lands to a multiple residential zoning category to permit 14 freehold townhouse units with frontage onto a private condominium roadway.

SUBJECT LANDS

of 26

Since the approval of these applications the OMB approved a new Official Plan and zoning by-law for the Town. A concurrent application for site plan approval has been submitted to the Town to address detailed design issues such as landscaping, architectural, engineering, electrical, emergency services and waste collection. These plans are currently under staff review and will be brought before the Committee in the near future. Proposal The plan attached to the end of this report is the draft plan of vacant land condominium. The purpose of the draft plan of vacant land condominium application is to create 14 individually owned units (lots) on which the proposed townhouses would be constructed and a common element. The common element would support things like the main road and other shared features such as visitor parking landscaping perimeter fencing and servicing. It is the area that would be collectively owned by the residents of the development who would all share in its future maintenance. C. OFFICIAL PLAN: The subject lands are located within a Low Density Residential Area designation of the Official Plan. The types of dwellings that this designation permits are Single detached dwellings, semi-detached dwellings, linked semi-detached dwellings, secondary suites and duplexes. Townhouse dwellings are not a permitted use within this designation.

D. ZONING: The subject lands are currently zoned Multiple Residential 1 RM1 with site specific regulations. This zoning was approved prior to the OMB approval of the Official Plan. This zone permits townhouse dwellings. Site specific regulations were included that were designed to permit the proposed development and configuration. The following is a summary:

• maximum porch encroachment - 2.0 metres • minimum parking - 1 per unit plus 0.5 visitor in common area • common element is deemed a street • maximum height - 1 storey • no second floor windows permitted to face north and west • units 1 to 6 - minimum front yard - 4.0 metres

- minimum exterior side yard - 6.0 metres • units 7 to 14 - minimum front yard - 4.0 metres

- minimum lot area - 160 square metres - exterior side yard - 3.0 metres - minimum rear yard - 6.0 metres

of 26

OPEN HOUSE FACT SHEET APPLICATIONS FOR DRAFT PLAN OF VACANT LAND

CONDOMINIUM AND ZONING AMENDMENT 15 LAKE STREET

A. LOCATION: The subject lands are located on the north side of Lake Street just east of Ontario Street. The property extends north to Lake Ontario as illustrated on the plan below.

B. PROPOSAL: Concurrent applications for zoning amendment and draft plan of vacant land condominium have been made for the subject lands. The applicant proposes to construct a 6 storey, 27 unit apartment style building at the undeveloped northerly end of the site. It is also proposed that the second floor of the existing building be converted to 4 residential uses. The ground floor is proposed to be converted into 3 commercial units. The proposed uses would include a restaurant and marina retail sales and service. The plans attached to the end of this report are illustrations of the draft plan of vacant land condominium and the proposed building. In support of the applications the proponent has submitted a Planning Justification and Impact Analysis, Phase 1 and Phase 2 Environmental Site Assessments, and a Soil Remediation Report. Proposed Zoning Amendment The proposed zoning amendment application is to change the zoning of the northerly end of the subject lands from a Marine Commercial (MC) zone to a site specific Residential Multiple 3 (RM3) zone to permit the proposed apartment building. The existing MC zoning would be modified on the remaining lands to permit the proposed second floor residential uses. Proposed Draft Plan of Vacant Land Condominium The purpose of the draft plan of vacant land condominium application is to create 2 individually owned units (lots). Unit 1 would support the existing building and marina and Unit 2 would support the proposed apartment building. The common element would primarily accommodate the main driveway that would provide access to the apartment building as well as the marina. Future applications would include a site plan application as well as a separate standard condominium for the apartment building on Unit 2.

of 26

C. OFFICIAL PLAN: The subject lands are located within a Marine Commercial Area designation of the Official Plan with a Hazard Land Area overlay designation.

MARINE COMMERCIAL AREA

This designation permits marinas, restaurants and medium density residential development.

Medium Density Residential includes the following uses:

a) Townhouses and other forms of multiple unit ground related housing; b) Low-rise apartment buildings; c) Home Occupations; d) Parks and open spaces; e) Community facilities; f) Public and private utilities; g) Bed and Breakfast Establishments; h) Local Convenience/Service Retail; i) Day Care Facilities; j) Places of worship; k) Group Homes; and l) Communal housing.

General Policies for Medium Density residential development include the following:

a) Building forms shall not exceed a height of 3 storeys although a height of up to 4 storeys may be permitted in approved secondary plans.

b) All new Medium Density Residential Area development shall be subject to Site Plan Control, and shall be compatible with the character and image of the surrounding community.

c) New development within the Medium Density Residential Area designation shall be between 25 and 60 units per net residential hectare.

d) Within stable residential neighbourhoods, the maximum height and density may be lower than that permitted in order to conform to the urban design criteria.

e) Applications to establish a new Medium Density Residential Area designation within a stable residential neighbourhood shall only be permitted if it conforms to the urban design criteria.

f) All Medium Density Residential Area development shall be subject to site plan approval and shall conform to the Urban Design Policies for Residential Neighbourhoods.

Design Policies for Residential Neighbourhoods: Objectives: The Town’s objectives for urban design within Residential Neighbourhood designations are:

a) To enhance the livability and physical appeal of the Town through the quality, layout and attractiveness of the public streetscape and private spaces and buildings.

b) To provide development proponents with an understanding of the design intent of the Town. c) To ensure that development within stable residential neighbourhoods reflects and fits in with

the established character. d) To create a built environment within the designated Greenfield areas and the Major

Intensification Areas, which provides: (i) Sensitive integration of new development with existing development; (ii) Visual diversity, interest and beauty; (iii)A well-defined public realm, including an interconnected open space network and

Natural Heritage System; (iv) A transit supportive and pedestrian oriented development pattern; and, (v) A road system that recognizes and preserves the historic character of the Town’s

neighbourhoods. Design Policies and Criteria: Development Blocks and Lots – General Criteria

a) New development blocks shall be based on a rectilinear grid system of public roads unless natural features or other existing constraints require deviation from that pattern. Lanes are permitted but not required.

of 26

b) The size and configuration of each new development block will: (i) Be appropriate to its intended use; (ii) Facilitate and promote pedestrian movement; and, (iii)Provide a sufficient number and, where appropriate, a range of building lots to achieve

cost effective and efficient development. c) Each development lot in a block will:

(i) Have frontage on a public road; and, (ii) Be of sufficient size and appropriate configuration to accommodate development that

reflects the planning and urban design policies set out in this Official Plan. (iii)Notwithstanding the above, a lot that does not have frontage on a public road may be

permitted, provided the front lot line adjoins public open space fronting a public road, and the rear lot line adjoins, and has access from a rear lane.

General Built Form

a) New development shall be compatible with adjacent and neighbouring built-form by ensuring that the siting and massing of new buildings does not result in undue adverse impacts on adjacent properties particularly in regard to adequate privacy conditions for residential buildings and their outdoor amenity areas.

b) To ensure that the compatibility referenced in a) is achieved; the implementing Zoning By-law will establish appropriate setback and yard requirements which recognize the existing built-form character.

c) To support public transit and for reasons of public safety and convenience, the main entrances to homes and multi-residential buildings shall be clearly visible and located on a public road or onto public open spaces.

d) Access from sidewalks and public open space areas to primary building entrances shall be convenient and direct, with minimum changes in grade.

e) To minimize disruptions to traffic flow and to maximize safety and the attractiveness of Arterial Roads, individual direct vehicular access shall be minimized, and, in some cases prohibited.

f) To enhance the quality and safety of the public streetscapes, the construction of parking lots/structures, which occupy significant proportions of the at-grade frontage of public roads, shall not be permitted.

g) To reduce the impact of surface parking and to provide at-grade amenity areas, the provision of structured parking shall be encouraged for higher density forms of development. Where it is not feasible to locate parking in structures either below or above grade, parking should be located to the rear of principle buildings and/or within the exterior side yard.

Location of Buildings with Respect to Roads, Parks, Open Space, Natural Hazards and Natural Heritage

a) To reinforce the road, lane and block pattern, the following measures shall be employed:

(i) All buildings will be aligned parallel to a public road; (ii) Siting and massing of buildings will provide a consistent relationship, continuity and

enclosure to the public roads; (iii)Buildings located adjacent to, or at the edge of parks, natural hazards and natural

heritage and open spaces will provide opportunities for overlook into the open space, natural hazards and natural heritage;

(iv) The massing, siting and scale of buildings located adjacent to, or along the edge of a park or open space, natural hazard or natural heritage will create a degree of enclosure or definition appropriate to the type of open space, natural hazards and natural heritage they enclose; and,

(v) Buildings of significant public use or architectural merit may be sited to specifically differ from the surrounding urban fabric in order to emphasize their importance as landmarks.

HAZARD LAND AREA The Hazard Land Area overlay includes areas that have inherent physical hazards such as flood susceptibility, steep slopes, erosion susceptibility, or other physical condition, which is severe enough to cause property damage and/or potential loss of life if the lands were to be developed with habitable buildings or structures. The designation includes flood and erosion prone lands along the Lake Ontario shoreline and flood and erosion prone lands along Forty Mile Creek and other smaller streams flowing into Lake Ontario.

of 26

Goals: To restrict development in those areas of the Town where physical hazards could cause property damage and/or loss of life. Objectives:

a) To direct development away from areas of natural hazards. b) To prohibit development where there is an unacceptable risk to public health or safety or of

property damage. c) To minimize the risk of personal injury, loss of life or property damage, and to minimize public

costs and social and economic disruption from natural hazards. d) To ensure that development and site alteration do not create new hazards, or aggravate existing

ones. Permitted Uses:

a) Hazard Land Areas, is an overlay designation and applies in addition to the other identified designations.

b) Lands shown as Hazard Land include lands potentially unsafe for development due to flood hazard, erosion hazard, hazardous sites or steep slopes.

c) Within lands shown as Hazard Land Area, development and site alteration may be permitted in those portions of hazardous lands and hazardous sites where the effects and risk to public safety are minor so as to be managed or mitigated in accordance with provincial standards including flood proofing, protection works, access as determined by the demonstration and achievement of all of the following:

(i) Development and site alteration is carried out in accordance with flood proofing standards, protection works standards and access standards;

(ii) Vehicles and people have a way to safely enter the area during times of flooding erosion or other emergencies;

(iii)New hazards are not created and existing hazards are not aggravated; and (iv) No adverse environmental impacts will result.

d) Permitted uses in the Hazard Lands area shall be limited to agricultural uses excluding new buildings, open space, existing uses, flood and/or erosion control works, other passive non-structural uses which do not affect flood flows and uses legally existing at the time of approval of the plan. Where the Hazard Land Area overlays an Environmental Protection Area or Environmental Conservation Area designation, agricultural uses shall be limited to existing uses and forestry, fish, wildlife or conservation management uses may also be permitted in accordance with Section 3.1.

D. ZONING: The subject lands are currently zoned Marine Commercial (MC) with a Hazard Overlay zone. The MC zone permits the following uses:

• Banquet facility • Club • Marina • Restaurant and • Tavern/Bar/Pub

There is a site specific regulation on the subject lands to permit an office use on the second floor of the existing building.

of 26

Artists rendering of proposed apartment building:

Closeup of Unit 1 area:

of 26

GRIMSBY PROPERTY STANDARDS COMMITTEE November 12, 2014 Minutes of the Grimsby Property Standards Committee meeting held at the Town Hall on November 12, 2014 at 7:00 p.m.

PRESENT: K. Antonides (Chair) K. Hipkin P. Settimi H. Nobes R. Bennett

STAFF: J. Schonewille, Director of Building M. Seaman, Director of Planning (Secretary)

1. Call to Order The Chair called the meeting to order at 7:00 p.m. 2. Disclosure of Pecuniary Interest There were no disclosures of pecuniary interest. 3. Overview of Process The Committee Secretary described the Powers and Functions of the Property Standards Committee, the Process for Appeal, the Property Standards order with respect to 525 Main Street West and the Letter of Appeal from Duncan M. MacFarlane, Q.C. The deficiencies relate to Building 5 on the subject lands which has a burnt exterior and interior walls, roof and doors due to a fire. This is contrary to Section 3.5.1, 3.5.2 and 3.5.3 of the Town of Grimsby Property Standard’s By-law. 4. Property Standards Order – 525 Main Street West The Chair invited Mr. Duncan M. MacFarlane to describe the nature of the appeal of the Property Standards Order issued on August 11, 2014 with respect to 525 Main Street West. Mr. McFarlane introduced his clients Mr. and Mrs. Strychowsky who were in attendance at the Property Standards Meeting. He described how on November 16, 2013 a fire occurred to building number 5 on the subject property. It was noted that the clean-up of the property has been delayed due to a legal dispute between the Strychowsky’s and their insurance company. It was noted that the discovery component of the legal process between the Strychowsky’s and the insurance company was delayed recently due to external causes. Mr. McFarlane indicated that his clients were seeking 6 months extension to the property standards order to allow sufficient time for the dispute between the owners and the insurance company to be resolved. Mr. J. Schonewille, Director of Building gave an overview of the order and the process to date. Members of the Committee asked questions of Mr. Schonewille and the solicitor for the appellant. Matters discussed included the potential liability to the Town of Grimsby, the perceived adequacy of fencing used to secure the damaged building,

of 26

Chair K. Antonides read the text of the Property Standards Order dated August 11, 2014. 5. Decision by the Committee The following motion was considered by the committee:

#PS 14-01 Moved by: H Nobes Seconded By: K. Hipkin “RESOLVED, that the Property Standards Committee hearing of an Appeal by 1201084 Ontario Inc. an Order by the Property Standards Officer dated August 11, 2014, for property at 525 Main Street West Grimsby, be received, and that the order be confirmed.” CARRIED

The motion was carried. Chair K. Antonides read the process for appeal. Mr. Duncan M. MacFarlane requested a copy of the notice of decision. 12. Adjournment There being no further business the meeting adjourned at 7:44 p.m. M. Seaman Director of Planning & Secretary, Property Standard’s Committee

of 26

planning and development committee agenda €€€€january 13, …

Documents