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STAFF REPORT To: Antigonish County Council Antigonish County Planning Advisory Committee From: Planning Staff (RCBDPC) Date: February 3, 2005 Re: Application by Antigonish Condominiums Incorporated to Rezone Lands of Jovin Enterprises Limited, Thorne Ridge Subdivision, Vincent’s Way, Antigonish County (PID#10091536) from Residential (R-1) to Residential Multi Unit (R-2). Recommendation It is recommended that Council approve the rezoning of the subject property on Vincent’s Way from Residential (R-1) to Residential Multi Unit (R-2) to permit the development of a condominium complex containing 3 buildings, each with 5 units, totalling 15 units. Information Description Designation: Residential Zoning: Residential (R-1) Identification: Vincent’s Way, Antigonish, Antigonish County (PID# 10091536) Area: 40,051 sq/ft An application has been submitted on behalf Location Map: Appendix A, Page 5 of Antigonish Condominiums Inc. to re-zone Site Visit: November 30, 2004 a parcel of land located on Vincent’s Way, Antigonish County, from Residential Zone (R-1) to Residential Multi Unit Zone (R-2). The applicant is proposing to construct 3 condominium buildings containing a total of 15 units on the subject property. The development Fig. 1.0 – Previous Architectural Design will require a short northern extension to Vincent’s Way. In addition, the proponent is in the process of increasing the depth of the property by 7’ and therefore changing the dimensions of the site from 312’ x 125’ to 312’ x 132’. (See Appendix A.) Figure 1.0, to the left, illustrates the previous condominium construction project by the proponent. The current development proposal will adopt the same architectural design as shown in Figure 1.0 with the exception of a minor change in the roofline. Figure 2.0 indicates the proposed façade for the current development proposal. The 0.92 acre site fronts Vincent’s Way and abuts a single family dwelling to the south and vacant land to the north and west. Across Vincent’s Way to the east are two single family dwellings. Currently, the proposed site is vacant. 1 STAFF REPORT The elevation of the site rises very slightly from Vincent’s Way. The parcel has little vegetation with some alders and shrubs found around the perimeter of the site. Photographs of the parcel are presented in Figures 3.0 and 4.0. Antigonish Condominiums requires an amendment to the Zoning By-law to permit the proposed development. A policy amendment is not required as the Municipal Planning Strategy’s Residential Development designation is supportive of residential multi-unit rezonings provided specific criteria can be met. A summary of the evaluation criteria is included as Appendix B to this document. Fig. 2.0: Proposed Façade – Antigonish Condominiums Analysis Within the Antigonish County Plan Area, the Municipal Planning Strategy (MPS) supports multi-unit buildings as a means of providing an affordable source of housing for residents of the Town and County. Further, the Antigonish County Planning Area Land Use By-Law (LUB) establishes a Residential Multi-Unit Zone. A rezoning to the Residential Multi-Unit (R-2) Zone is required for the development of three or more residential units. Re-zonings to the R-2 use are subject to Policies 7(b), (c) and (d) of the MPS. These policies outline the criteria which must be met in order to permit this multi-unit use. According to the MPS, these criteria were designed to direct multi-unit uses to suitable locations and to reduce the possibility of pollution from on-site sewage disposal systems. Importantly, all amendments to the LUB must also satisfy the criteria set out in Policy 31 (a) of the MPS. These criteria are presented in Appendix B. In addition to the criteria presented in Appendix B, the development will be subject to landscaping and amenity space requirements as stipulated in Policies 7(c) and (d) respectively. Specifically, with regard to landscaping and amenity space requirements, 2 STAFF REPORT the Special Requirements included in Part 9 (pg. 36) – Residential Multi-Unit Zone of the Antigonish County Planning Area LUB, Landscaping of not less than five (5) feet [1.5 m] in height must be maintained along any R-2 boundary that abuts an existing residential, recreational or institutional use. Amenity space of 50 ft2 [4.6m2] per unit must be provided on the same lot as the multi-unit residential building. Figure 3.0: Lands of Antigonish Condominiums The plans submitted by the proponent fulfill these requirements. These conditions will ensure that the privacy of adjacent property owners will be respected and that future residents of the development and will have adequate amenity space for their active and passive recreational needs. The proposed development has access to municipal water and sewer services. As such, the development proposal makes efficient use of existing municipal services. School, recreation and other community facilitates are within close proximity to the proposed development. The proposal will require a short extension to Vincent’s Way beyond the point of intersection with Annie’s Bluff. This extension will include a temporary turning area. Following construction, the road will be deeded to the municipality. The provincial Department of Transportation and Public Works has indicated that the development proposal has appropriate frontage on a municipal roadway off a town street and that it meets department stopping sight distance requirements. They had no concerns with the extension. The Nova Scotia Department of Environment and Labour has expressed concerns over erosion and sedimentation control with the proposed development. As a mitigation strategy, the Department has suggested that the developer follow and demonstrate good environmental stewardship during the pre-construction and construction phases. In doing so, the Department has recommended that an Erosion and Sedimentation Control Plan be designed by a qualified person, be implemented by the developer and monitored by the qualified person. The Provincial Building Regulations, made under the Building Code Act R.S.N.S. 1989, c. 46, requires a professional Geotechnical analysis. Together, these strategies will ensure that the proposed site is suitable in terms of steepness of grades, soil and geological conditions. 3 STAFF REPORT With the development application conforming to the Antigonish County Planning Area MPS and LUB, and with no adverse environmental impacts anticipated, this development proposal is suitable for the location. Conclusion Staff feel that the applicant’s development proposal will have a positive impact on the neighbourhood. The development is of the appropriate scale for the subject property and it meets the MPS policy objectives and criteria for a multi-unit building. As such, staff consider the rezoning application to be appropriate and therefore recommend that it be approved. Fig. 4.0: Lands of Antigonish Condominiums 4 STAFF REPORT APPENDIX A Location Map: Lands of Jovin Enterprises Limited 5 STAFF REPORT APPENDIX B Summary of Evaluation Criteria: Policy 7(b) It is the intention of council to permit new residential multi-unit uses subject to the following criteria: (i) the proposed development is compatible with adjacent residential uses with respect to scale, mass and use; (ii) the location of the proposed development does not create any major traffic problems; (iii) the lot on which the proposed development is sited is adequately served by a centralized sewer system and/or central water system of if on-site services are to be used, these services are adequate for R-2 Zone uses. Complies – (Staff Review) Complies – (Comments from Department of Transportation and Public Works) Complies – (Comments from Municipality’s Public Works Department) Policy 30(a) That the proposal is in conformance with the intents of this Strategy; Policy 30(b) Complies – (Staff Review) The proposal is not premature or inappropriate by reason of: (i) the financial capability of the Municipality to absorb any costs relating to the development; Complies – (Comments from Municipality’s Finance Department) (ii) the adequacy of sewer and/or water services to support the proposal; Complies – (Comments from Public Works Department) (iii) the adequacy and proximity of school, recreation and other community services; Complies – (Recreation Department & Staff Review) (iv) the adequacy of road networks, in, adjacent to, or leading to the development and the adequacy of proposed accesses and parking facilities; (v) the potential for the contamination of abutting watercourses or the creation of erosion or sedimentation as a result of the development; (vi) suitability of the proposed site in terms of steepness of grades, soil and geological conditions, marshes, swamps or bogs. 6 Complies – (Comments from Department of Transportation and Public Works) Complies – (Guidelines from Department of Environment and Labour) Complies – (Erosion and sedimentation controls required as per National Building Code).