file no. 39t-lb-opa5

DECEMBER 16, 2014
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11.B.7 - CW ACTION
COMMITTEE OF THE WHOLE
For meeting to be held on:
Submitted by:
For:
December 16, 2014
Durk Vanderwerff,
Manager of Planning
Action
Subject:
LUCAN BIDDULPH OFFICIAL PLAN
AMENDMENT NO. 5;
FILE NO. 39T-LB-OPA5;
34445 GRANTON LINE
BACKGROUND:
Andrew Chapman has applied to amend the Lucan Biddulph Official Plan for a 0.2 acre
property within Granton on the west side of Granton Line (County Road 59). The subject
lands contain a two storey brick building with vacant commercial space on the ground
floor and residential apartments on the second floor. Amendment No. 5 would establish
a Special Policy that would permit the use of the ground floor for residential uses.
Amendment No. 5 was adopted by Council for the Township of Lucan Biddulph on
November 3, 2014 and submitted to the County as the Approval Authority. An agency
and ministry circulation was not undertaken by the County due to the minor nature of
the application.
This amendment was processed under the integrated planning model which has been
developed between the County and the Township. The municipal planning report,
authored by Marc Bancroft, as provided to Lucan Biddulph Council, is attached along
with a copy of Amendment No. 5.
ANALYSIS:
The subject property is situated in a designated ‘Settlement Area’ according to the
County Official Plan and designated ‘Commercial’ according to the Township Official
Plan. The subject lands are situated in the Granton commercial core. An amendment
to the Township Official Plan is necessary as ground floor residential use is not
permitted under the Commercial designation.
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DECEMBER 16, 2014
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SUBJECT: LUCAN BIDDULPH OFFICIAL PLAN AMENDMENT NO. 5; FILE NO.
39T-LB-OPA5; 34445 GRANTON LINE
The attached municipal planning report addresses the land use policy documents in
detail. In summary, the applicable planning policies seek to focus development in
settlement areas on full municipal services and to promote intensification including the
use of existing underutilized building stock to support redevelopment opportunities. The
proposal is compatible with surrounding land uses and would represent an appropriate
re-use of the vacant commercial space given that Granton no longer contains significant
commercial uses and is comprised primarily of residential uses.
I have reviewed the Amendment against the Provincial Policy Statement and the County
Official Plan and am satisfied that Amendment No. 5 is consistent with the Provincial
Policy Statement, conforms to the intent and purpose of the County’s Official Plan and
the Township’s Official Plan, and represents sound land use planning. I am, therefore,
recommending approval of Official Plan Amendment No. 5.
RECOMMENDATION
That Amendment No. 5 to the Township of Lucan Biddulph Official Plan be approved
and that staff be directed to circulate a Notice of Decision as required by the Planning
Act.
Attachments
DECEMBER 16, 2014
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GRANTON
LA S
ISABEL
T
S
QUEEN
N
GRANTO
ANN ST
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T
LINE
KING ST
NS
TIO
STA
N
GRANTO
DR
LINE
LON
FAL
T
LOCATION MAP
±
LEGEND
Description:
OFFICIAL PLAN AMENDMENT NO.5
GRANTON
TOWNSHIP OF LUCAN BIDDULPH
LANDS SUBJECT TO OPA 5
File Number:
39-LB-OPA5
1:2,000
0
Prepared by: Planning Department,
The County of Middlesex, December 1, 2014
50
Metres
100
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Planning Department
County of Middlesex
399 Ridout Street North
London, ON N6A 2P1
(519) 434-7321 (fax) 434-0638
www.middlesex.ca
October 30, 2014 REPORT TO: FROM: SUBJ: Members of Council Township of Lucan Biddulph Marc Bancroft, Senior Planner Applications for Official Plan and Zoning By‐law Amendments (File Nos. OPA 05/2014 & ZBA 08/2014) Andrew Justin Chapman 34445 Granton Line, Granton Purpose: The purpose of the amendments is to change the Official Plan designation and the zoning of lands from ‘Commercial’ to ‘Commercial / Special Policy Area No. 2’ and from the ‘Central Commercial (C1) Zone’ to a site‐specific ‘Central Commercial (C1‐1) Zone’, respectively, to permit the redevelopment of the ground floor of a commercial building for residential purposes. The lands are situated on the west side of Granton Line (County Road 59) and south of Ann Street in Granton. Background (see attached Figure 1): The subject lands have a frontage of approximately 20 metres (66 ft), a depth of approximately 40 metres (132 ft) and an area of approximately 805 square metres (0.2 ac). The property contains a two (2) storey brick building comprised of vacant commercial space on the ground floor and residential uses in the form of apartment units on the second floor. Access to the property is provided by a shared driveway situated on the neighbouring property to the south known municipally as 34441 Granton Line. The shared driveway provides access to the parking area at the rear of the property. The building is serviced by municipal water and sanitary sewers. A public meeting of Township Council is scheduled for November 3, 2014 where the subject applications are to be heard. Analysis: The Provincial Policy Statement, the County Official Plan and the Township Official Plan all support intensification opportunities within fully serviced settlement areas which demonstrate an efficient use of land and infrastructure. This would include the use of existing underutilized building stock to support opportunities for redevelopment. The subject lands are situated in the Granton commercial core. Recognizing that the core’s commercial function is virtually non‐existent, it does not appear that the subject proposal will have a detrimental impact on the area. Surrounding uses are primarily residential in nature in the form of single detached dwellings interspersed with former commercial buildings. This proposal does not preclude the ability for conversion back to commercial use should the opportunity arise. The amendment to the Official Plan is necessary given that stand‐alone residential uses are not permitted in the core. DECEMBER 16, 2014
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Report Applications for Official Plan and Zoning By‐law Amendments (File Nos. OPA 05/2014 & ZBA 08/2014) Andrew Justin Chapman 2 Similarly, an amendment to the Zoning By‐law is necessary to permit the subject development given that the Central Commercial (C1) Zone only permits dwelling units above the ground floor of a commercial building. A site‐specific C1‐1 exception is therefore warranted to remove this limitation thereby allowing dwelling units on any floor. According to the Township Chief Building Official (CBO), the Ministry of the Environment’s Brownfields Regulations requires a Record of Site Condition (RSC) where there is a change in land use from commercial to residential. In order to establish a residential use on the main floor, an RSC shall be required prior the issuance of a building permit being applicable law under the Ontario Building Code. The applicant has been informed accordingly and is working towards obtaining an RSC. The CBO has expressed no objection to the approval of the subject applications. In all, the subject proposal is consistent with the Provincial Policy Statement and in conformity with the County of Middlesex Official Plan. Through an adopted and approved Official Plan Amendment, the proposal would be in conformity with the Township Official Plan. Upon the adoption of the Official Plan Amendment by Township Council, it shall be subsequently forwarded to the County of Middlesex for consideration of approval being the delegated approval authority. If Township Council has adopted the Official Plan Amendment, it may subsequently pass the Zoning By‐law Amendment. Upon the County’s approval of the Official Plan Amendment, only then does the Zoning By‐law Amendment approved by Township Council come into full force and effect according to the Planning Act. Recommendation: THAT the Official Plan Amendment be adopted, for lands owned by Andrew Justin Chapman and known municipally as 34445 Granton Line, and that the Amendment be forwarded to the County of Middlesex for consideration of approval; and THAT the Zoning By‐law Amendment, for lands owned by Andrew Justin Chapman and known municipally as 34445 Granton Line, be approved. DECEMBER 16,
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APPLICATION
FOR2014
OFFICIAL PLAN AMENDMENT:
OPA 05/2014 &
APPLICATION FOR ZONING BY-LAW AMENDMENT: ZBA 08/2014
11.B.7 - CW ACTION
Andrew Justin Chapman
34445 Granton Line, Granton
Part Lot 9 & Part Lot 10, Plan 221
Township of Lucan Biddulph
Township of LUCAN BIDDULPH
FIGURE 1
R1
R1
ANN ST
C1
40.2 m
KING ST
20 m
805 sq m
(0.2 ac)
59
GRANTON LINE
ISABELLA ST
2 storey
brick building
R1
C1
SUBJECT LANDS
Published by the County of Middlesex
Planning Department
399 Ridout Street North, London, ON N6A 2P1
(519) 434-7321
October 2014
47
Zone Boundary
(Township of Lucan Biddulph Comprehensive Zoning By-law)
County Road
µ
1:800
0
5
10
15
Metres
20
ORTHOPHOTOGRAPHY: SWOOP 2010
Disclaimer: This map is for illustrative purposes only.
Do not rely on it as being a precise indicator of routes,
locations of features, nor as a guide to navigation.