Request for Decision - AgendasOnline

Presented To: Planning Committee
Request for Decision
Application for rezoning in order to eliminate the
split zoning that results from a proposed
realignment of lot boundaries, 1396 & 1400
Kingsway & 465 Barry Downe Road, Sudbury Urban Enterprises Corp. & Builtmore
Developments Limited
Recommendation
THAT the City of Greater Sudbury approve the application by
Urban Enterprises Corp. & Builtmore Developments Limited to
amend Zoning By-law 2010-100Z by changing the zoning
classification from "M1-1", Business Industrial and “C2(67)”,
General Commercial Special to a revised “C2(67)”, General
Commercial Special on those lands described as PINs
02132-1167, 02132-1168, 02132-1169, 02132-1360 &
02132-1361 in Lot 1, Concession 4, Township of McKim, subject
to the following conditions:
a. That prior to the adoption of the amending by-law, the owner
shall transfer to the City an irregular strip of property along the
frontage of Barry Downe Road, free of mortgages, charges, trust
deeds and other encumbrances securing financing. The City
shall be responsible for all survey and legal costs associated with
this transfer.
b. That the amending by-law include the following site-specific
provisions:
i) That the permitted uses in the C2(67) zone be amended by
deleting an automotive repair shop and an automotive
accessories store; and,
Presented:
Monday, Nov 24, 2014
Report Date
Tuesday, Nov 04, 2014
Type:
Public Hearings
File Number:
751-6/14-26
Signed By
Report Prepared By
Mauro Manzon
Senior Planner
Digitally Signed Nov 4, 14
Reviewed By
Eric Taylor
Manager of Development Approvals
Digitally Signed Nov 4, 14
Recommended by the Division
Mark Simeoni
Acting Director of Planning Services
Digitally Signed Nov 4, 14
Recommended by the Department
Paul Baskcomb
Acting General Manager of Growth &
Development
Digitally Signed Nov 4, 14
Recommended by the C.A.O.
Doug Nadorozny
Chief Administrative Officer
Digitally Signed Nov 7, 14
ii) The maximum building height shall be 18 metres.
STAFF REPORT
Applicant:
Urban Enterprises Corp & Builtmore Developments Limited (Agent: Castellan James + Partners Architects
Inc.)
Inc.)
Location:
PINs 02132-1167, 02132-1168, 02132-1169, 02132-1360 & 02132-1361 in Lot 1, Concession 4, Township
of McKim (1396 & 1400 Kingsway & 465 Barry Downe Road, Sudbury)
Application:
To amend By-law 2010-100Z being the City of Greater Sudbury Zoning By-law from "M1-1", Business
Industrial and “C2(67)”, General Commercial Special to a revised “C2(67)”, General Commercial Special.
Proposal:
Application for rezoning in order to eliminate the split zoning that results from a proposed realignment of lot
boundaries. The application is concurrent with a proposed hotel development on the northerly portion of the
site, which requires site-specific relief for the building height (18 metres where a maximum of 15 metres are
permitted).
Official Plan Conformity:
The subject land is designated as Mixed Use Commercial in the Official Plan. All uses except Heavy
Industrial may be accommodated in the Mixed Use Commercial designation through the rezoning process,
subject to criteria under Section 4.3 of the Plan.
New development may be permitted provided that:
1. sewer and water capacities are adequate for the site;
2. parking can be adequately provided;
3. no new access to Arterial Roads will be permitted where reasonable alternate access is available;
4. the traffic carrying capacity of the Arterial Road is not significantly affected;
5. traffic improvements, such as turning lanes, where required for a new development, will be provided
by the proponent; and,
6. landscaping along the entire length of road frontages and buffering between non-residential and
residential uses will be provided.
Section 14.5 of the Official Plan contains policies related to development on major arterial roads such as the
Kingsway (Municipal Road 55) and Barry Downe Road. Where development or redevelopment is proposed
along any Arterial Road, it will be policy of Council to require the following:
1. proponents are to submit a landscaping plan as part of the site plan approval process;
2. a three-metre landscape strip along the Arterial Road frontage will be provided;
3. all areas on a site not used for parking, driveways, storage, loading and buildings are to be
landscaped or retained in a natural state;
4. wherever possible, encourage parking to be located to the rear of buildings;
5. where outside storage is permitted, require that such facilities be located out of view from the Arterial
Road corridor; and,
6. signage will be integrated with the building wherever possible.
Conformity with the Official Plan is based on a review of the above noted policies.
Site Description & Surrounding Land Uses:
The subject lands comprise three separate properties which have been developed for various commercial
uses. The area is fully serviced by municipal water and sanitary sewer. The Kingsway is designated as a
Primary Arterial Road and Barry Downe Road is a Secondary Arterial Road.
There are several easements for municipal water, sanitary sewer and drainage, as illustrated on the
applicant’s Schedule F. Municipal sewer and water lines are located directly behind the Bianco’s building,
which is the proposed location of the hotel. In addition, there is an abandoned storm sewer that traverses
the westerly portion of the property.
The Tim Hortons site has a total area of approximately 0.52 ha (1.28 acre), with 114 m (374 ft.) of frontage
on Barry Downe Road. The property is occupied by a 284 m 2 (3,060 sq. ft.) one-storey restaurant with
drive-through facility. Access is provided to abutting lands.
The Bianco’s site has a total area of 0.92 ha (2.3 acres), with 48 m (158 ft.) of frontage on Barry Downe
Road and 115 m (377 ft.) of flankage on the Kingsway. A mixed-use commercial building with 2 550 m 2
(27,448 sq. ft.) of gross floor area contains several businesses, including a retail store, restaurant, car rental
agency, commercial school and office uses.
The Keg site has a total area of 1.18 ha (2.9 acres), with 130.8 m (429 ft.) of frontage on the Kingsway. A
789 m 2 (8,491 sq. ft.) restaurant forms the main use.
An automotive repair shop abuts the Tim Hortons to the north (Midas – 485 Barry Downe Road). Both
properties share a driveway entrance onto Barry Downe Road. A Shell gas station abuts the Keg property
to the west (1394 Kingsway). A business industrial complex is located north and northwest of the subject
lands, comprising four one-storey buildings. Access is from Westmount Avenue via a private road
(Greenvale Court - 430-436 Westmount Avenue).
Departmental & Agency Comments:
Development Engineering
A municipal sanitary sewer and watermain cross the property within a municipal easement where the
proposed hotel footprint is shown. The owner will be responsible for all costs associated with relocating the
watermain and sanitary sewer to City standards.
The development will require an amendment to the Site Plan Control Agreement. The amendment will
address such issues as water and sewer servicing, relocation of the existing municipal water and sewer
lines, and stormwater management.
Roads and Transportation
We have no objection to the proposed use of the subject property. As a condition of rezoning, we require
that the owner transfer to the City, an irregular strip of property along the frontage of Barry Downe Road, as
indicated on the attached plan, free of mortgages, charges, trust deeds and other encumbrances securing
financing. The City shall be responsible for all survey and legal costs associated with this transfer.
Drainage
No concerns.
Building Services
Building Services has the following comments:
1. Relief will be required for the building height of 18 m where 15 m is the maximum permitted.
2. The property shall require an amendment to the Site Plan Control Agreement, and during that
process the following conditions will be imposed:
a) The developer will be required to provide a geotechnical report on how the work related to blasting
shall be undertaken safely to protect adjoining structures and other infrastructure. The geotechnical
report shall be undertaken by a blasting consultant defined as a professional engineer licensed in the
Province of Ontario with a minimum of five (5) years experience related to blasting.
b) The blasting consultant shall be retained by the developer and shall be independent of the
contractor and any subcontractor doing blasting work. The blasting consultant shall be required to
complete specified monitoring recommended in the report of vibration levels and provide a report
detailing those recorded vibration levels. Copies of the recorded ground vibration documents shall be
provided to the contractor and contract administration weekly or upon request for this specific project.
c) The geotechnical report will provide recommendations and specifications on the following activity
as a minimum but not limited to:
·Pre-blast survey of surface structures and infrastructure within affected area
·Trial blast activities
·Procedures during blasting
·Procedures for addressing blasting damage complaints
·Blast notification mechanism to adjoining residences
·Structural stability of exposed rock faces
d) The above report shall be submitted for review to the satisfaction of the Chief Building Official prior
to the commencement of any removal of rock by blasting.
e) Should the developer’s schedule require to commence blasting and rock removal prior to the site
plan agreement having been signed, a site alteration permit shall be required under the City of
Greater Sudbury’s By-law #2009-170 and shall require a similar geotechnical report as a minimum
prior to its issuance.
Neighbourhood Consultation:
The owner’s agent was advised of the City’s policy recommending that applicants consult with their
neighbours, ward councillor and key stakeholders to inform area residents on the application prior to the
public hearing.
The owner contacted abutting property owners in order to conduct pre-consultation prior to the public
hearing. Planning Services was advised that there were no objections to the application.
As of the date of this report, no phones calls or written submissions have been received by Planning
Services.
Background:
Tim Hortons was constructed in 1993 as a permitted use under the “M1”, Mixed Light Industrial/Service
Commercial zoning (Permit #93-0538). The building is currently under renovation (Permit #B14-1551).
In 1997 consent approvals were granted to sever the northeast (Tim Hortons) and southwest (future Keg)
portions of the site (Consents B0163/1997 & B0169/1997).
In 1998 a rezoning application was approved by Regional Council in order to permit a limited range of
General Commercial uses on the former Sorrento Hotel site (File 751-6/98-14). As a condition of approval, a
restriction was placed on the amount of office space (not more than 50% of gross floor area). Following
registration of a Site Plan Control Agreement, the property was rezoned to “C2-60”, General Commercial
Special in August 2000 (By-law 2000-153Z).
Concurrent with the rezoning application, consent approvals for lot additions were granted to expand
abutting properties (Tim Hortons and future Keg - Consents B0034/2000 & B0035/2000).
The former Sorrento Hotel was subsequently converted to a mixed use commercial building in 2000 (Permit
#00-0621). A portion of the building was demolished to accommodate redevelopment of the site. The Tim
Hortons and Bianco’s sites are subject to a combined Site Plan Control Agreement dated August 9, 2000.
In 2004 a rezoning application was approved in order to add a vehicle rental establishment to the C2-60
special zoning (File 751-6/04-29).
The Keg Restaurant was constructed in 2004 on the westerly portion of the subject lands as a permitted
use under the “M1”, Mixed Light Industrial/Service Commercial zoning (Permit #04-0234). The property is
subject to a Site Plan Control Agreement dated June 15, 2004.
Under the implementation of By-law 2010-100Z in September 2010, the C2-60 zoning became C2(67). The
same zoning permissions were carried forward. The “M1”, Mixed Light Industrial/Service Commercial zoning
for the Tim Hortons and Keg sites was amended to “M1-1”, Business Industrial.
In 2013 portions of the conceptual ring road were consolidated with the abutting Tim Hortons property and
the Keg site, including associated easements (Consents B0082/2013, B0083/2013 & B0084/2013). An
agreement was also implemented over the subject lands as well as the Shell gas station to the west
addressing common rights-of-way, vehicular and pedestrian passage, parking and the installation and
maintenance of public utilities and other services (Consent B0085/2013).
Planning Considerations:
The application is viewed as a technical amendment which seeks to apply one consistent zoning
classification across three properties held under the same ownership.
It should be noted that the proposed hotel development is a permitted use under the current zoning. As part
of this application, the owner is seeking a height variance, which would typically be processed as a minor
variance at the site plan amendment stage.
Rationale for rezoning
For the purposes of clarity and consistency, it is desirable to have one zoning classification applied to the
subject lands. The properties effectively function as an integrated commercial development with shared
services and mutual rights-of-way. From an administrative standpoint, it is easier to implement one set of
zoning standards rather than deal with multiple zones.
The rezoning will also facilitate the realignment of lot boundaries in order to accommodate future
development, including the proposed hotel. This will eliminate issues related to split zoning that can arise
when the property is subject to further consents.
The owner is further proposing to delete an automotive repair shop and an automotive accessories store
from the list of permitted uses in the C2(67) zone, thereby eliminating those automotive uses which may not
form a good fit for the site in relation to existing and proposed uses.
The technical amendment to modify the C2(67) zoning and eliminate the split zoning is supported as good
land use planning.
Parking
A review of parking requirements indicates that there is sufficient on-site parking for existing and proposed
uses.
Required parking for existing uses based on registered Site Plan Control Agreements:
Tim Hortons (occupant load of 68 persons) = 23 (1 space per 3 persons occupancy)
Bianco’s building (2 293 m2 of net floor area) = 115 (1 per 20 m2 NFA)
The Keg (789 m2 of gross floor area) = 112 (1 per 7 m2 NFA)
Proposed hotel use (tentative proposal):
Guest rooms (125 rooms) = 125 (1 per guest room)
Accessory facilities (279 m2 NFA) = 28 (1 per 10 m2 NFA)
Total required parking: 403
Total shown on sketch: 426
The applicant’s sketch illustrates a proposed realignment of lot boundaries, which are delineated based on
parking requirements. The resulting lot fabric is somewhat irregular, most notably the hotel site. However,
the plans are preliminary at this stage and will be subject to a more detailed site plan process.
The owner is therefore advised that minor variances may be needed at the consent stage depending on the
final layout of the development and property configurations. Overall there are no concerns related to the
final layout of the development and property configurations. Overall there are no concerns related to the
provision of on-site parking given the agreement currently in place. The proposed hotel as currently sited
has no negative impact on internal circulation or parking requirements.
Infrastructure
Sewer and water lines will have to be relocated to accommodate the hotel development. This matter will be
dealt with in greater detail at the site plan control stage.
As a condition of approval, Roads and Transportation Section are requesting the transfer of an irregular strip
of land across the Barry Downe Road frontage in order to accommodate future road improvements, as
illustrated on the attached sketch. The owner’s agent advised Planning Services that the proposed road
widening aligns with the redevelopment plans for the site. Given that the road improvements are scheduled
to be constructed next year, it is recommended that the transfer be required prior to the adoption of the
amending by-law.
Height variance
As part of this rezoning process, the owner is requesting site-specific relief for the proposed hotel
development in order to permit a building height of 18 m (59 ft.) where a maximum of 15 m (49.2 ft.) is
permitted in C2 zones. This represents an increase of 3 m (9.8 ft.) in order to accommodate a six-storey
building.
The variance is supported on the basis that it is minor in nature, represents appropriate development within
the context of the location and the site itself, and maintains the general intent and purpose of the Zoning
By-law and Official Plan. The extent of relief is minor and no land use conflicts are envisioned.
Summary
Planning Services recommends that the application for rezoning be approved subject to the conditions
outlined in the Recommendation section of this report.
420
414
428
428
428
428
428
428
428
428
428
426
LOT 1
CON 5
R3-1
P
404
424
404
404
430 430 430 430 430
430
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R3-1.D33
404
404
404
404
404
430
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M1-1(1)
600 600
404
M1-1
436
555
C2
555
555
432
432
1390
1400
1400
1400
M1-1
79
75
71 69
66 60
54
Elmhurst
R2-2
494
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57 55 53 49 47
500
480
490
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C3444
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LOT 12
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Kin
1400
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1500
1465
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Galway
Kingston
Barry Downe
Westmount
Elmhurst
Palm Dairy
Se
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Marcus
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528
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485 485
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LOT 1
CON 4
72
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LOT 12
CON 5
R1-5 490
Palm Dairy
493
493
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476 482
83
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C2(67)
OSP
C21390
544
R1-5 485
475
466
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434
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R3-1 R1-5
Westmount
434
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423
Galway
R1-5 419 421
R1-5
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413
R3-1
458
William
R1-5
Growth and Development
Department
Subject Property being PINs 02132-1360,
02132-1361, 02132-1167, 02132-1168 &
02132-1169, Lot 1, Con. 4, Twp. of McKim,
1396 & 1400 Kingsway, 465 Barry Downe
Road, Sudbury, City of Greater Sudbury
Sketch 1
NTS
751-6/14-26
Date: 2014 08 29
PHOTO 1 465 BARRY DOWNE ROAD, SUDBURY – RESTAURANT
USE ON NORTHEASTERLY PORTION OF SITE (TIM HORTON’S)
PHOTO 2 1400 KINGSWAY, SUDBURY – MIXED USE COMMERCIAL
BUILDING ON CENTRAL PORTION OF SITE (BIANCO’S)
751-6/14-26 PHOTOGRAPHY OCT 7, 2014
PHOTO 3 1396 KINGSWAY, SUDBURY – RESTAURANT USE ON
WESTERLY PORTION OF SITE (KEG)
PHOTO 4 1400 KINGSWAY, SUDBURY – LOCATION OF PROPOSED
HOTEL (REAR OF BIANCO’S BUILDING)
751-6/14-26 PHOTOGRAPHY OCT 7, 2014
PHOTO 5 1400 KINGSWAY, SUDBURY – VIEW OF REAR YARD
TOWARDS BARRY DOWNE ROAD
PHOTO 6 434 WESTMOUNT AVENUE, SUDBURY – MIXED USE
COMMERCIAL BUILDING ABUTTING NORTHWEST
751-6/14-26 PHOTOGRAPHY OCT 7, 2014