report #pac-20-08 · 2020-05-08 · report to the planning advisory committee page 2 of 13 b20-02...

Report to the Planning Advisory Committee of 13 B20-02

Corporation of the Town of Smiths Falls May 14 2020

REPORT #PAC-20-08 To: Planning Advisory Committee From: Karl Grenke, MCIP, RPP, Secretary Treasurer Date: May 14, 2020 Re: Application for Consent (B20-02)

Recommendation: The Senior Planner recommends the conditional approval of the application, subject to the following conditions:

1. An acceptable reference plan (survey) of the severed and retained lands and the deed or Instrument conveying the severed lands shall be submitted to the Secretary/Treasurer of the Planning Advisory Committee for review and consent endorsement within a period of one year after the “Notice of Decision” is given under Section 53 (17) or (24) of the Planning Act.

2. The owner shall supply one digital copy and two hard copies of the deposited reference plan for the severed lands.

3. The owner shall supply one digital and two hard copies of the deed or transfer document for the severed lands.

4. The balance of any outstanding taxes, including penalties and interest shall be paid to the Town.

5. The owner shall demonstrate, in detail, compliance with Section 4.21 (Parking Requirements) of the Town’s Zoning By-law 6080-94 for the retained lands.

6. The owner shall obtain and confirm legal access to the severed lot through either directly or through a reciprocal access arrangement with the retained lands. The owner shall consult directly with the Department of Public Works and Utilities in this regard.

Purpose:

The applicant has applied for a consent pursuant to Section 53.5 of the Planning Act to sever a 0.98 acre (3,993 ft2) vacant parcel from the lands municipally known as 275 Brockville Street. The retained parcel will be approximately 13.57 acres (5.29-ha) with an existing Shopping Centre.

Background:

In March 2020, the Town received a completed consent application from 2547903 Ontario Inc c/o Guy Saumure and Sons Construction, the owner of 275 Brockville Street. By way of this application, Guy Saumure and Sons Construction propose to sever a parcel on the corner of Toulon Street and Brockville Street for the purpose of sale and future development of a

Property Information

Address: 275 Brockville Street

Severed Lot Size: 0.4-ha (0.98 acres)

Retained Lot Size: 5.29-ha (13.57 acres)

Zoning: C5

OP Designation: Neighbourhood Serving Commercial

Date of Site Visit: May 6, 2020



take-out restaurant. The retained parcel (municipally described as 275 Brockville Street) is would have a total combined frontage of 266.95 m along 4 separate municipal roads. The site is currently developed with an existing Shopping Centre known locally as Settler’s Ridge.

The entire property is zoned Shopping Centre (C5), which establishes a minimum lot size requirement of 1000 m2. The applicant has provided a planning summary demonstrating compliance with the provisions of the C5 zone for both the severed and retained parcels of land. As the proposed severance will remove existing parking from the retained land, the applicant has also demonstrated likely compliance for the retained lot with Section 4.21 (Parking Requirements) of the Zoning By-law as part of the planning summary.

The proponents propose to secure access to the property through a formalized joint use agreement to allow the use of the existing entrances and propose to service the site independently of the services already provided to the mall.

Land Use Context

The existing property as currently constituted contains an existing Shopping Centre in an established mixed-use neighbourhood featuring a variety of institutional, commercial and residential properties at the south end of town. Neighbouring property uses within 500 m of the site include long-term care facilities to the south and west, schools to the north and east as well as various mixed-density residential uses within close proximity. The site is across the road from an apartment complex currently under construction. The property is relatively level, however gently slopes down to the west toward Brockville Street.

The mall building is a 1970s era retail complex situated at on the rear half of the property, leaving the majority of the parking directly facing Brockville Street. The mall includes a traditional indoor component; however various parts of the exterior have been renovated in recent years to accommodate new tenants. The parking area dominates the visual streetscape, however some trees have been planted in the grassy area between the sidewalk and the parking lot. Entrances to the mall property from Brockville and Toulon exist at roughly the boundaries of the proposed lot. The severed lot occupies a portion of the parking area and would be highly visible from Brockville and Toulon.

Both the retained and conveyed parcels of land are entirely within the Shopping Centre (C5) zone as per the Town’s Zoning By-law No. 6080-94 and designated Neighbourhood Servicing Commercial in the Town’s Official Plan 2034. The applicant has indicated that no change of use is proposed on the retained lands and that future development on the severed lands will be in accordance with the C5 zone.

Figure 1: Brockville Street, looking South



The subject property is currently not subject to any other application under the Planning Act, however the developers would be required to obtain site plan approval from the Town prior to development on the severed land.

Directing Policy:

Provincial Policy Statement (PPS)2200.

Subsection 4.1 of the PPS 2020 states the Provincial Policy Statement applies to all decisions in respect of the exercise of any authority that affects a planning matter made on or after May 1, 2020

While the Provincial Policy Statement does not specifically address the mechanics and administration of lot creation it broadly supports sufficient land to accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 25 years. Subsection 1.1.2 of the PPS 2020 states “within settlement areas, sufficient land shall be made available through intensification […]”.

Section 1.1.3.3 specifies that intensification shall occur in appropriate locations, taking into account the existing built form and availability of existing or planned infrastructure and services. To that end, appropriate development standards should be promoted. The PPS does not prescribe what is intended by “appropriate development standards”, as that is generally regulated through Zoning By-laws which implement local priorities identified in the Official Plan.

Smiths Falls Official Plan 2034

The subject lands are designated Neighborhood Servicing Commercial (Section 6.4.4) in the Town’s Official Plan, which supports a broad range of commercial activity that serves the surrounding local neighbourhood with commercial goods and services within walking or cycling distance. Policies under Section 4.4.6 (Intake Protection Zone and Wellhead Protection Areas) also apply to this development.

Section 4.5 (Infrastructure) speaks to the servicing needs and priorities of the Town and stipulates the new lots shall only be created where there is sufficient water and sewer system capacity.

Zoning By-law 6080-94

The broad goals outlined in the Town’s Official Plan are implemented in the regulatory Zoning By-law. The property is zoned Shopping Centre (C5), which is the zoning category used to accommodate larger Shopping Centres with a regional draw. In January 2018, Council approved amendments to the C5 Zone allowing a broader range of commercial uses and reduced lot sizes. The amendments were intended to accommodate redevelopment options at the shopping centre and allow more efficient use of the lands available.

Both the severed and retained parcels meet the current minimum lot area requirement of 1000 m2 and minimum lot frontage requirement of 30 m for the C5 zone.

Public and Agency Feedback Received:

As of the time of the preparation of this report, the following written feedback was received:

Smiths Falls Public Works and Utilities does not object to the application, however recommends the applicant consider shared entrances with the future take-out restaurant as further entrances along Brockville Street before Toulon Street may not



be feasible. They further advised the presence of servicing potential for the proposed severance as the property fronts onto water, sewer and storm sewer services along Brockville Street.

Rideau Valley Conservation Authority does not object to this application, provided that stormwater management is adequately addressed through the development process. Further, RVCA has requested circulation on a future application for site plan control and advises that future development requires assessment from the Risk Management Officer (RMO) given that the proposed severance is located within an Intake Protection Zone (IPZ) with a vulnerability score of 8.

No public feedback was received as of the time of this report.

Please see Appendix 3 for written feedback.

Review:

Pursuant to Section 53 of the Planning Act, the approval authority may give consent to sever if the application conforms with all applicable land use policies, is not premature, and is “satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.” This intent is further conveyed in Section 7.1.6 of the Official Plan.

This proposal seeks to create a new vacant commercial property for the purpose of sale and eventual development of a take-out restaurant. This infill development puts to active use a large area of underutilized parking on the site and enables a new amenity in an established mixed use neighbourhood.

In considering the principle of this development, the Committee is encouraged to consider Policy FS-3.6 that encourages emphasis on “mixed-use development and intensification in identified locations and […] maximize job development and commercial opportunities near residential development. Provincial and municipal planning policy is supportive of infill development that can be adequately serviced and also of a scale that is suitable and compatible with the local context. Efficient development patterns that use existing services within the community is preferred to development that requires an extension of infrastructure or additional municipal maintenance of servicing costs. Serviceability is an important consideration in the creation of a new lot that enables new development. The Department of Public Works and Utilities does not object to the application and has indicated the availability of services for the newly severed property off of Brockville Street. The servicing of the lot and access to the future development from either the local Toulon Street or arterial Brockville Street will be administered according to the technical requirements of the Department.

The Neighbourhood Serving Commercial designation and policies therein (Sec. 6.4.4 of Official Plan) outline Council’s intent for the development of this area. Neighbourhood

Figure 2: Toulon Street, looking East



Serving Commercial areas “provide a focal point or destination to meet the day-to-day commercial needs of the adjacent neighbourhood(s) or business area(s)” and are “intended to create opportunities for residents to obtain commercial goods and services within a reasonable walking and cycling distance (…)”. The Official Plan accommodates small to mid-size commercial uses, including restaurants, within this designation. This section also encourages the upgrading and revitalization of existing shopping centres and minimizing “the visual impact of large parking lots by locating them away from public streets” (Policy LU-6.10). While the large parking area will continue to exist, the development enabled by this application will create a more inviting streetscape by breaking up the visual profile of the parking area and create a destination that makes use of the existing sidewalks along Brockville Street. It is the opinion of staff that this application conforms to the objectives of this Designation.

Once a specific development concept is advanced, servicing, landscaping and other technical matters will be addressed through the site plan control process in order to implement the objectives of the designation and other policies of the Plan. The future site plan process will need to consider optimizing pedestrian linkages to the existing community and the future apartment complex on the other side of Brockville Street.

This consent application (and anticipated future development) matches what was contemplated when the 2018 zoning amendment was approved. The site is conveniently located at an intersection and abutting an arterial road but is also located within 200 metres of three apartment buildings and a retirement home, as well as three more apartment buildings currently under construction. This situates the future commercial development within very easy walking distance of hundreds of residents, as well as at a gateway location to travelers from south of the Town. As no specific development concept is proposed for the take-out restaurant at this time, no negative impacts are anticipated on neighbouring property owners by way of this application. Any future development on the severed or retained lots must comply with the applicable zoning standards and managed through site plan control. The site plan control process will also identify and manage the source protection considerations articulated by the Conservation Authority.

Recommendation:

Based on a review of applicable policies and consideration of the intricacies of the subject property, planning staff are of the view that the application B20-02 enables a desirable and appropriate infill development and broadly meets the intent of the PPS 2020 and the Town’s Official Plan 2034. As such, staff recommend the Committee approves the consent application, subject to the conditions outlined on the first page of this report.

Respectfully Submitted

Karl Grenke, MCIP, RPP Senior Planner, Secretary Treasurer



APPENDIX A – Context Map



APPENDIX B- C5 Zone Provisions

SECTION 17 – SHOPPING CENTRE (C5) ZONE No person shall within any C5 Zone use any lot or erect, alter or use any building or structure unless serviced by municipal water supply and sanitary sewers and except in accordance with the following provisions.

17.1 Permitted Uses

1. Residential Uses

Nil 2. Non-Residential Uses

Shopping Centre Animal Clinic Office Assembly Hall Bake Shop Bakery Beverage Room Butcher Shop Convenience Store Commercial Club Commercial School Commercial Sports and Recreation Centre Community Centre

Custom Workshop Day Nursery (Licenced) Financial Office Laundromat Personal Service Shop Place of Entertainment Printing Shop Religious Institution Restaurant (Take-out) Retail Shop Sample and show room Taxi Station Wholesale Outlet Centre Other uses in accordance with Section 4

17.2 Zone Provisions

1. Lot Area (minimum) 1000 m² 2. Lot Frontage (minimum) 30 m 3. Front Yard Depth (minimum) 10 m 4. Exterior Side Yard Width (minimum) 3.5 m 5. Interior Side Yard Width (minimum) 3 m except where the yard abuts a Residential Zone, the minimum shall be 6 m 6. Rear Yard Depth (minimum) 6 m except where the yard abuts a Residential Zone the minimum shall be 9 m 7. Landscaped Open Space (minimum) 10% which shall include a solid fence a minimum of 1.5 m in height constructed of

wood, metal or equivalent material along any lot line that abuts a lot in a Residential, Open Space or Institutional Zone

8. Height of Building (maximum) 11 m



9. Accessory Uses, Parking Etc. in accordance with Section 4

10. Minimum Gross Floor Area 150 m² 11. Maximum Gross Floor Area 20,000 m² 12. Maximum Floor Space Index 0.45 13. Open Storage No open storage shall be permitted. Garbage shall be stored within metal

containers in a fenced area (s) designed expressly for that purpose.



APPENDIX C- Written Comments Received

report #pac-20-08 · 2020-05-08 · report to the planning advisory committee page 2 of 13 b20-02...

Documents