municipality of chatham-kent community development ... · april 6, 2020. subject: applications for...

Municipality Of Chatham-Kent

Community Development

Planning Services

To: Mayor and Members of Council

From: Ryan Jacques, MCIP, RPP Manager, Planning Services

Date: April 6, 2020

Subject: Applications for Consent PL202000045 – Solace Farms Inc.

65 Mill Street West, Community of Tilbury (West Kent) ______________________________________________________________________

Recommendations

It is recommended that:

1. Consent application File B-17/20 to sever and convey a portion of land, approximately 0.59 ha (1.46 ac.) in area, shown as Parts 1 & 2 on the applicant’s sketch, in Part of Lot 7, Plan 793, in the Community of Tilbury, be approved, subject to the following conditions:

a) that the applicant pay $1,460 cash-in-lieu of parkland dedication;

b) that a hard copy and AutoCAD.dwg version of the final reference plan projected to the NAD 83/UTM Zone 17N coordinate system be submitted to the Municipality; and,

c) that the necessary deed(s), transfer or charges be submitted in triplicate; signed and fully executed (no photo copies), prior to certification.

2. Consent application File B-18/20 to:

i. sever and convey a portion of land, approximately 0.32 ha (0.79 ac.) in area, shown as Part 1 on the applicant’s sketch; and,

ii. sever and convey a portion of land, approximately 0.28 ha (0.69 ac.) in area, shown as Part 2 on the applicant’s sketch,

in Part of Lot 7, Plan 793, in the Community of Tilbury, be approved, subject to the following conditions:

Solace Farms Inc. PL202000045

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a) that Consent application File B-17/20 be finally approved, the lands be conveyed, and a copy of the transfer document be submitted to the Municipality;

b) that a hard copy and AutoCAD.dwg version of the final reference plan projected to the NAD 83/UTM Zone 17N coordinate system be submitted to the Municipality; and,

c) that the necessary deed(s), transfer or charges be submitted in triplicate; signed and fully executed (no photo copies), prior to certification.

Background

The subject property is located on the south side of Mill Street West, in the Community of Tilbury. The lands are approximately 12.01 ha (29.67 ac.) in area and are currently vacant. The lands are designated Employment Area, and are within Site Specific Policy Area B.2.4.13.5, in the Chatham-Kent Official Plan. The lands are zoned Holding-Urban Commercial (Highway Commercial First)-842 (H-UC(HC1)-842). A key map showing the location of the subject property is attached as Appendix A. Photographs of the subject property and surrounding area are attached as Appendix B. The proposal is to sever and convey a new lot, approximately 0.59 ha (1.46 ac.) in area, from the northwest corner of the subject property to facilitate commercial development of a proposed gas bar and restaurant. Following the proposed lot creation, the application further proposes to sever the new parcel into two lots so the gas bar and restaurant can be held in separate ownership. The lots will consist of the following:

i. a 0.32 ha (0.79 ac.) parcel, for a proposed combination gas bar and convenience store, and related pumps/canopies, shown as Part 1 on the applicant’s sketch attached as Appendix C.

ii. a 0.28 ha (0.69 ac.) parcel, containing a proposed restaurant, with drive-through, shown as Part 2 on the applicant’s sketch attached as Appendix C.

In addition to the Consent applications, to achieve the final development, the following Planning Act applications are required and are anticipated to be considered by Council later in 2020:

• Site Plan Control The proposal is subject to the Site Plan Control By-law. Site plan approval is required prior to construction occurring at the property. This application consists of several technical submission requirements.

• Removal of Holding Symbol The subject property is currently zoned H-UC(HC1)-842. The Holding symbol is a


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Planning tool applied to this parcel as a means to control development over these lands. The zoning is discussed in detail, below.

Comments Provincial Policy Statement (PPS)

The proposal is consistent with the PPS. Specifically, Section 1.1.3, Settlement Areas, provides policy direction that promotes land use patterns within existing settlement areas where a range of uses and opportunities for intensification and redevelopment can be accommodated.

1.1.3.1 Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted.

1.1.3.3 Planning authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs.

The proposal will facilitate the development of underutilized lands, which supports intensification within an area of the Tilbury Primary Urban Centre. The development of these lands will utilize existing infrastructure and public services. There is no issue of provincial interest associated with this proposal. Official Plan The Chatham-Kent Official Plan guides the majority of growth to occur within the Urban Centre Boundaries, such as Tilbury, to ensure that the Municipality develops in a compact, orderly and sustainable manner. As such, these Urban Centres are the focal points where residential, commercial and industrial development will be directed.

It shall be the objective of Chatham-Kent to:

2.3.5.1 Promote the development of safe and healthy communities that are accessible, diverse, economically thriving, environmentally sustainable and offer choices to all residents.

It shall be the policy of Chatham-Kent that:

2.3.5.2.1 The majority of new population and employment growth shall be directed to the Primary Urban Centres, as designated on Schedule “E” Series – Land Use to this Official Plan.


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The development proposed by this application generally supports the overall objective of the Chatham-Kent Official Plan. The subject property is designated Employment Area within “Site Specific Policy Area B.2.4.13.5, Missant Investment Site” (SSPA B.2.4.13.5) in the Chatham-Kent Official Plan, as identified on Schedule “E5”, Community of Tilbury, Land Use Schedule. The following site-specific policy applies to these lands:

B.2.4.13.5 Missant Investments Site

For the lands identified on Schedule “E” Series – Land Use as "Site Specific Policy Area B.2.4.13.5” and located on the south side of Mill Street west, notwithstanding, or in addition to, other policies of the Official Plan, the following policies will apply:

a) The maximum gross floor area for a single retail facility or combination of retail facilities shall be less than 20,000 sq. ft.;

b) The minimum gross floor area for a single retail facility shall be

5,000 sq. ft.; c) Highway Commercial uses permitted in the Employment Area

designation and as outlined more specifically in the amending zoning by-law shall be permitted on the subject property;

d) Lot creation on the subject parcel shall be by plan of subdivision

only, including a detailed development plan of all proposed and future uses;

e) Prior to any development taking place on the property, provisions

shall be made for the future installation and alignment of a secondary road to service the subject property and lands to the west. The location and design of the road shall be executed in consultation with the property owners and to the satisfaction of the Municipality;

f) Expansion beyond 20,000 sq. ft. shall require further amendment

to the Official Plan, and a Comprehensive Market Demand and Directional Impact Analysis shall be prepared for the intended uses, demonstrating that the proposed uses will not have a deleterious impact on the planned function of the upper level of the Chatham-Kent regional commercial system hierarchy. The analysis will be subject to an independent peer review carried out at the expense of the applicant.


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Through this site specific policy, Chatham-Kent requires consideration of how the property can be developed using a comprehensive approach, taking into consideration the municipal property to the west of the subject lands, and development lands further to the west located at 95 Mill Street West.

The applicant has submitted a Planning Justification Report, which addresses the site specific policy. The report finds that:

Through Policies “d” and “e”, the Official Plan is requiring consideration of how the lands can be developed using an orderly and comprehensive approach. This requirement is based on the large size of the subject property (approximate area of 121,018.8 square metres (12.1 hectares)), the municipally owned unopened road allowance and supporting development of the adjacent lands located at 95 Mill Street West. This orderly and comprehensive approach would include consideration of several matters such as land use, property configuration, access, municipal road system, municipal servicing, and the location of the floodplain constraints on the adjacent lands to the west at 95 Mill Street West. We believe that the proposed development of the development lands can be supported based on the limited defined area of approximately 6,000.0 square metres (0.6 hectares) where 11.446.0 square metres (11.446 hectares) would remain for future development, which provides for the purpose and intent of the Official Plan and this SSPA to be maintained. Due to the size and location of the retained parcel, a variety of development options may occur and not require a Plan of Subdivision. This approach would not prejudice the development of the unopened road allowance or 95 Mill Street West. Figure 11 illustrates a location of a potential municipal road to be aligned with Autoliv Drive to create a future municipal road intersection which could be further aligned as a cul-de-sac to provide access to the unopened road allowance and 95 Mill Street West. Given the uncertainty of market conditions and current limited demand for development opportunities within Tilbury, it is our opinion that it is not economically feasible at this time for such a large development to proceed without proven end users and determination of a block/subdivision fabric. Not proceeding with such a development as shown on Figure 11 at this time would not prejudice or preclude future development of the larger overall retained parcel when warranted, nor prohibit or preclude the development of the unopened road allowance or 95 Mill Street West in the future. It is our understanding that a formal request to close the unopened road allowance has not been submitted or previously considered by the Municipality of Chatham-Kent Council. Our clients have determined that they


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do not require the unopened road allowance for their proposed development, nor would they object through a request by others that it be closed. It is our understanding that while the property located at 95 Mill Street West has frontage on Mill Street West, the location of that frontage is within the defined floodplain. Because of this floodplain and the limited depth of municipal sewers, Municipality Staff does not support this frontage as a suitable location for access. In our opinion, there are two (2) alternatives which could support the development of the 95 Mill Street West property. The first is through the development of the balance of the subject property through the extension of a municipal road and municipal services similar to what is illustrated on Figure 11 and Appendix B. The second alternative is through the closing of the current municipally owned unopened road allowance and conveyance in part or whole of the lands to the owner. This property would provide a suitable location for frontage, a private road access, and the extension of municipal services. This approach demonstrates independence from the development of the subject property while maintaining the potential for the extension of a municipal road and services in the future. It is our opinion both alternatives present viable options should the lands proceed to development. As a result, we believe that a Plan of Subdivision is not necessary to achieve the desired outcome of the policy. Based on the foregoing, it is our opinion that the proposed development maintains the general purpose and intent of the Municipality of Chatham-Kent Official Plan.

Figure 11: Development Options for 65 Mill Street West and 95 Mill Street West


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Consent Policies

The proposed lot creation conforms to the general policies found in Section 6.3.3, Planning Tools, of the Chatham-Kent Official Plan. Section 6.3.3.40 contains policies that are to be utilized for evaluating all Consent applications. These policies ensure that any lands that are subject to a Consent application maintain appropriate area, access and frontage on an improved public road, and water and sanitary sewage services. As detailed below, the proposal demonstrates the following:

i) frontage on an improved municipal road; ii) lot size appropriate for and in character with the existing development; iii) will not restrict the development of adjacent lands; iv) be appropriately serviced; v) convey 2% of the lands for park purposes or a cash-in-lieu payment; vi) not be within an area of significant aggregate resources.

• Each parcel will have adequate access and frontage on an improved public road, being Mill Street West, which the Official Plan identifies as an Urban Arterial Road.

• Both of the proposed severed parcels, as well as the retained parcel, will maintain sufficient total lot area standards under the Urban Commercial-Highway Commercial First (UC-HC1) zone.

• The proposal to sever 0.59 ha (1.46 ac.) in area, from a 12.01 ha (29.67 ac.) property, is not anticipated to restrict development of adjacent lands. The retained parcel would remain for future development, which provides for the purpose and intent of the Official Plan and SSPA B.2.4.13.5 to be maintained. The proposal is not anticipated to negatively impact the future development of the abutting unopened road allowance or 95 Mill Street West.

• The proposed lots will be serviced appropriately for the proposed development through provisions of the site plan approval process.

• A cash-in-lieu payment for parkland dedication is recommended for creation of the vacant lots based on a pre-development value of $20,000 per acre. This equals a total of $ 1,460.

• The subject property is not within an area of significant aggregate resources.

Zoning By-law

The subject property is currently zoned Holding-Urban Commercial (Highway Commercial First)-842. The proposed commercial development of the severed lands requires an application for Removal of the Holding Symbol. No development can take place until Council considers and approves this application.

The Holding symbol currently restricts development until “the Corporation has determined that either the land will be developed in conjunction with abutting land under the same ownership or, if not, that access and servicing can be made available to the land”.


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The proposed Consent applications comply with all provisions of the Zoning By-law applicable to the proposed lot creation.

Conclusion

The proposed Consent applications have been reviewed in the context of the Provincial Policy Statement, the Chatham-Kent Official Plan and Zoning By-law, and will comply with these documents, if approved. Therefore, the applications are being recommended for approval subject to the conditions noted in the Recommendations of this report. Areas of Strategic Focus and Critical Success Factors

The recommendations in this report support the following areas of strategic focus:

Economic Prosperity:

Chatham-Kent is an innovative and thriving community with a diversified economy

A Healthy and Safe Community:

Chatham-Kent is a healthy and safe community with sustainable population growth

People and Culture:

Chatham-Kent is recognized as a culturally vibrant, dynamic, and creative community

Environmental Sustainability:

Chatham-Kent is a community that is environmentally sustainable and promotes stewardship of our natural resources

The recommendations in this report support the following critical success factors:

Financial Sustainability:

The Corporation of the Municipality of Chatham-Kent is financially sustainable

Open, Transparent and Effective Governance:

The Corporation of the Municipality of Chatham-Kent is open, transparent and effectively governed with efficient and bold, visionary leadership

Has the potential to support all areas of strategic focus & critical success factors

Neutral issues (does not support negatively or positively)


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Consultation

Internal

Technical Advisory Committee The Technical Advisory Committee supports the applications. External IBI Group IBI Group was retained by the applicant to prepare a Planning Justification Report. Financial Implications There are no financial implications resulting from the recommendations.

Prepared by: Reviewed by: ____________________________ ___________________________ Noor Hermiz, CPT Ryan Jacques, MCIP, RPP Planner II, Planning Services Manager, Planning Services Reviewed by: ____________________________ ________________________________ Bruce McAllister, MCIP, RPP John Norton Director, Planning Services General Manager Community Development Attachments: Appendix A – Applicant’s Sketch Appendix B – Key Map Appendix C – Site Photos P:\RTC\Community Development\2020\Planning Services\April 27-20 Solace Farms Inc Report.docx


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Appendix A – Key Map


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Appendix B – Site Photos

Looking southwest towards the proposed severed parcels and abutting lots to the west.

Looking southeast towards the proposed severed parcels.


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Appendix C – Applicant’s Sketch

municipality of chatham-kent community development ... · april 6, 2020. subject: applications for...

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