Staff Report - mc-egenda.middlesex.ca

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Staff Report

Report No.: PLA-54-2018 Meeting Date: September 26, 2018 Submitted by: Kelly Henderson Planner Subject: Application for a Zoning By-law Amendment (ZBA 19 2018), Orange Rock Development; Block 60 Plan 33M-656

Recommendation: THAT the Zoning By-law Amendment application, filed by Zelinka Priamo (Matt Campbell) on behalf of Orange Rock Developments Inc. to modify the Site Specific Highway Commercial (C2-9) Zone to allow open storage as an accessory use to a proposed building supply establishment and to permit a reduced front and exterior side yard setback of 4 metres, and a reduced setback of 4 metres for open storage to rear and side yards; for a property located at Block 60 Plan 33M-656, be approved. Purpose: The purpose of this report is to provide Council with a recommendation regarding a rezoning application for a property located on the south side of Glendon Drive (County Road 14), and on the east side of Jefferies Road in Kilworth. A location map is included as Attachment 1. Background: The purpose and effect of this application is to modify the site-specific Highway Commercial (C2-9) zoning of the lands to allow open storage as an accessory use for a proposed building supply establishment. It is important to note that the building supply establishment is permitted under the existing zoning. This application further proposes a reduced front and exterior side yard setback of 4.0 metres (13.12 ft), whereas the parent C2-9 zone requires 10.0 metres (32.8 ft). This application also proposes a 4.0 metres setback for rear and side yards for open storage purposes. A concept plan is included as Attachment 2. A planning justification report is included as Attachment 3. The subject property is currently vacant and consists of an irregular shaped parcel. South and east of the proposed development, the property is surrounded by low-density residential uses. West of the site lies the Kilworth Business Park located across Jefferies Road, which consists of a range of commercial uses. North of the subject property

September 26, 2018 Page 1 of 32

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consists of agriculturally cultivated lands, some woodland features, open space and residential uses. Policy Regulation: The subject lot is designated as ‘Settlement Area’ by the County of Middlesex Official Plan and as ‘Settlement Commercial’ by the Middlesex Centre Official Plan. The land is zoned site-specific Highway Commercial (C2-9) by Middlesex Centre’s Comprehensive Zoning By-law. Provincial Policy Statement: The Provincial Policy Statement (PPS) speaks to building strong healthy communities and economic diversity. Section 1.1.3 of the PPS speaks to settlement areas in Municipalities and that ‘settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted’. County of Middlesex Official Plan: The subject lands are designated as ‘Settlement Area’ within the County of Middlesex Official Plan. The County Official Plan does not provide detailed land use policies, but rather a more broad approach setting out policies and permitted uses within settlement areas throughout the County. The County Official Plan promotes a variety of uses within Settlement Areas including residential, commercial and industrial uses. Within the County Official Plan urban areas, like Komoka-Kilworth should be the focus for future growth and are expected to accommodate a significant portion of the projected growth over the planning period. It is further a requirement of the County Official Plan that new development shall be fully serviced by municipal water and sewage disposal systems. Middlesex Centre Official Plan: The subject land is designated ‘Settlement Commercial’ by Middlesex Centre’s Official Plan. This designation is intended to provide for a variety of commercial uses in the Municipality’s Urban and Community settlement areas in a manner that does not undermine the functions of the Village Centre’s.


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Section 5.4.2b) of Middlesex Centre’s Official Plan states, ‘the physical design and form of developments within this designation shall be in keeping with the design policies in Section 6.0 of this Plan having regard for the Municipality’s Site Plan Manual and Urban Design Guidelines, and shall reflect the traditional character of the Municipality’s settlement areas. Building orientation, parking, landscaping, setbacks, building massing and scale will be encouraged to reflect this policy’. The settlement area of Komoka-Kilworth is further subject to a Secondary Plan within Middlesex Centre’s Official Plan. Section 5.7.5 speaks specifically to settlement commercial area policies within Komoka-Kilworth, which states: a) Where commercial development is proposed adjacent to a residential area,

building setbacks, visual screening of parking areas, landscaping, fencing and other forms of buffering will be required to mitigate potential adverse impacts between the uses.

b) No open storage of goods, materials, machinery or equipment is permitted.

The subject property is also subject to the Gateway community policies, which are as follows: i) Building orientation to address the street corner; ii) Parking areas located to the rear or to the side of the building(s); iii) Landscape treatments and building design that create an attractive and unified

streetscape and a sense of entrance and arrival to the community; iv) High quality design character of development that contributes to the image and

identity of Komoka-Kilworth. The Official Plan also promotes economic development opportunities, which facilitate appropriately located and scaled commercial or industrial uses. Section 9.0 of Middlesex Centre’s Official Plan speaks to transportation policies. Specifically section 9.4.1g) states, ‘limit direct access to County Roads where access is available by local roads, and 9.4.1 m) states, ‘to promote development that is designed to be sustainable, to support public transit and to be oriented to pedestrians’. Middlesex Centre’s Comprehensive Zoning By-law: The subject property is currently zoned Site-Specific Highway Commercial (C2-9). The current zoning of the subject property permits a variety of land uses including: gas bar,


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vehicle sales establishment, building supply establishment, place of recreation, restaurant, service shop, etc. The site-specific zoning additionally permits a clinic, and permits a maximum lot coverage of 40%. All other setbacks, defer to the parent C2 zone, which requires, a front and rear yard setback of 10.0 metres and in the case of a corner lot, 10.0 metres is required on the side abutting a road and 6.0 metres on the other side. Section 16.2.4 of the Zoning By-law speaks to Open Storage as an accessory use to the Highway Commercial zone: Notwithstanding any previous provisions of Section 16.0 of this By-law, open storage as an accessory use in the Highway Commercial (C2) Zone shall: a) be accessory to a motor vehicle sales establishment and located on the same lot therewith; (b) not be permitted, in the case of a corner lot, within any required exterior side yard; (c) not be permitted within any required side yard or required rear yard where such yard abuts any Residential or Institutional Zone; (d) not exceed twenty-five (25) percent of the total lot area of the lot on which it is located. Analysis: The subject proposal is consistent with the PPS and in conformity to the County Official Plan, as the proposal is within a designated settlement area where growth shall be directed and the development will be serviced by municipal water and sewer services. Also, the proposed development contributes to an appropriate mix and range of uses to meet the long-term needs of the community, and provides opportunities for a diversified economic base and economic development. As mentioned the Settlement Commercial designation permits a variety of commercial uses. The subject land is approximately 3.17 hectares (7.83 acres) and is vacant and adjacent to an already built up commercial area and residential area to the south and east of the subject property. The proposed use of the building supply establishment is currently a permitted use by both the Official Plan and Middlesex Centre’s Zoning By-law. As mentioned previously, the subject lands are identified within the Komoka-Kilworth Secondary Plan, which has additional Official Plan policies that need to be considered.


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This includes Section 5.7.5b), which states that ‘no open storage of goods, materials, machinery or equipment is permitted’. It is important to note that a building supply establishment is permitted as of right, which typically consists of a related open storage area to facilitate the storage of bulk commodities. In some cases, such open storage areas are also meant to provide a display area for the sale of seasonal items including gardening and landscaping related supplies. Provided buffering and screening are implemented through the site plan approval process to mitigate visual impact on neighbouring properties and the adjacent street, the intent of the Official Plan would be maintained. The conceptual development that is shown as Attachment 2 showcases the intention of the future development, which is proposed to be developed for smaller-scale, stand-alone or multi-unit commercial buildings. This concept proposes and will require that these buildings are oriented to Glendon Drive, and will require the parking areas to be located to the rear of the buildings, in order to screen the parking lot from view of Glendon Drive. At this time when future development is proposed, a gateway feature will be contemplated, as a welcome feature into the community. The proposal is also consistent with the County’s transportation policies, which do not permit any access onto Glendon Drive. At this time there are no concerns with the proposal in terms of traffic, however, at the time of the Site Plan application, a Traffic Impact Study will be required. The proposed building setbacks, landscape and accessory open storage are consistent with the Municipal Official Plan and will provide for a compatible development, however specific details for landscaping, screening, and fencing will be provided and refined through the Site Plan approval process. The proposed accessory outdoor storage with a 4 metres setback allows for an efficient use of the land. The proposed storage is proposed to be mostly covered, and screened by a vegetative feature and board on board fence, which will be further detailed during the site plan process. The proposed 4 metres setback is more consistent with urban design practices, and will result in a more efficient use of land. This reduced setback will still provide for adequate buffering between the commercial use, and the surrounding residential uses. Furthermore, by reducing the setback from the required 10 metres to 4 metres, this will provide for a more pedestrian friendly streetscape and provide a stronger street edge, as the proposed buildings will be in-line with the other buildings in the area. Furthermore, the internal configuration of the accessory outdoor storage is intended to minimize the movement of trucks having to back-up; this could minimize noise generated from the subject lands.


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Consultation: Notice of the application has been circulated to agencies, as well as property owners in accordance to the requirements of the Planning Act. Public Comments: At the time of writing the subject report, no comments or concerns had been received from the public regarding this proposal. Agency Comments: The following comments were received at the time of writing this report; The Municipality’s Fire Chief, Director of Corporate Services and Public Works and Engineering have reviewed the subject application and have no concerns. Middlesex County’s Engineer has reviewed the subject application and has no issues with the proposed re-zoning, however the County’s Engineering department will have several comments during the site plan approval process including but not limited to; land dedication, storm water management, and entrance revisions/improvements. The Upper Thames River Conservation Authority (UTRCA) has reviewed the subject application and has no objection. Given the above, planning staff are recommending that the subject application be approved, as the proposal provides for an efficient and practical use of a portion of the subject lands for a building supply establishment and open storage. The proposal is consistent with the Provincial Policy Statement, the County Official Plan and Middlesex Centre’s Official Plan, and represents sound land use planning. This opinion is provided prior to the public meeting and without the benefit of potentially receiving all comments from agencies or members of the public. Should new information arise regarding this proposal prior to or at the public meeting, Council is advised to take such information into account when considering the application.

Financial Implications: None.


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Strategic Plan: N/A


1: 4,514

Location Map

Legend

Created By:

8/24/2018

File Number: ZBA 19/18

Description: Orange Rock Developments

Prepared By: Middlesex Centre

Scale:

Date:

229.3114.66229.3 0 Meters

Assessment Parcels


























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Staff Report - mc-egenda.middlesex.ca