Committee of the Whole Planning Public Meeting - 16 Feb 2022

Agenda

Committee of the Whole Planning Public Meeting

Wednesday, February 16, 2022

Council Chambers 7:00 p.m.

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Confirmation of Agenda

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P.M.1 Application for a Zoning By-law Amendment

Navjit Chalotra & Devandrasin Chudasama

c/o Manni Chauhan (G-Force Urban Planners)

1003 Sideroad 20

File No. DEV 413

#PD-2022-06 - Pdf

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Adjournment

https://forms.newtecumseth.ca/Request-to-Speak-Committee-of-the-Whole-Planning

Committee of the Whole Planning Public Meeting February 16, 2022

Report #PD-2022-06

Application for a Zoning By-law Amendment Navjit Chalotra & Devandrasin Chudasama c/o Manni Chauhan (G-Force Urban Planners) 1003 Sideroad 20 File No. DEV 413

Recommendation

The Report #PD-2022-06 be received; And further that staff continue to work through any issues pertaining to application file DEV 413 prior to submitting a recommendation report to the Committee of the Whole.

Objective

The purpose of this report is to provide Council and the public with background information regarding a Zoning By-law Amendment application that proposes to rezone the subject property to permit a Health Services Establishment, a Professional, Financial and Office Support Establishment, Retail Establishment Accessory to a Permitted Use, and an Apartment Dwelling Unit above a Permitted Use.

Background

Location The lands subject to the Zoning By-law Amendment application are municipally known as 1003 Sideroad 20 in the Town of New Tecumseth. The property contains a total lot area of 0.25 hectares (0.62 acres) with approximately 25 metres (82 feet) of frontage along Sideroad 20. A location map of the subject property is provided as Attachment No. 1. Adjacent land uses include residential to the north and east, agricultural to the west, and the Village of Schomberg to the south. Proposal On December 14, 2021, the applicant submitted a Zoning By-law Amendment application which proposes to rezone the subject property from Agricultural (A2) to Rural Highway Commercial - Exception (RHC-XX) to permit a health services establishment, professional, financial and office support establishment, a retail establishment accessory to a permitted use, and an apartment dwelling above a permitted use. The immediate use of the property is proposed to be a dental office with two (2) practitioners, though the applicant is seeking to include the other proposed uses to address potential tenancy changes in the future.

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Report #PD-2022-06, February 16, 2022 The following plans, reports, and studies were submitted in support of the Zoning By-law Amendment application:

• Zoning By-law Amendment Application Form; • Cover Letter; • Planning Justification Report; • Public Consultation Strategy; • Draft Zoning By-law; • Site Plan; • Architectural Drawings, Floor Plan and Elevations; • Rendering of the Site; • Traffic Impact Assessment; • Drainage Pattern; • Erosion and Sedimentary Plan; • Functional Servicing Report; • Site Grading; • Site Servicing; and • An email from Ryan Post, Manager of Watershed Science identifying there are

no significant drinking water threat policies in the South Georgian Bay Lake Simcoe Source Protection Plan associated with the proposed development.

A conceptual site plan is included as Attachment No. 2 and renderings for the subject property are included as Attachment No. 3. A Site Plan Control application (D11-TE-048) has been submitted and is being processed concurrently with the Zoning By-law Amendment application. If approved, the site plan application will result in an agreement between the owner and the Town detailing the nature of the business. As of writing this report, there has been one (1) site plan submission which Town staff have reviewed.

Comments and Considerations

Provincial Policy Statement 2020 (2020 PPS) The 2020 PPS provides policy direction on matters of provincial interest related to land use planning and development. In keeping with Section 1.1.4.4, growth and development may be directed to rural lands in accordance with the policies in Section 1.1.5. Section 1.1.5 notes other rural land uses are permitted on rural lands, and development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. Further, diversified rural economic opportunities should be promoted.

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Report #PD-2022-06, February 16, 2022 The subject property does not contain any natural heritage features and is not regulated by the Lake Simcoe Region Conservation Authority (LSRCA). A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 (Office Consolidation, 2020) Section 2.2.9 of the Growth Plan outlines the policies for rural lands within a municipality. Subsection 3 outlines the policies for development outside of settlement areas subject to a number of criteria as noted below:

• the management or use of resources; • resource-based recreational uses; and • other rural land uses that are not appropriate in settlement areas provided they

o are compatible with the rural landscape and surrounding land uses; o will be sustained by rural service levels; and o will not adversely affect the protection of agricultural uses and other

resource-based uses such as mineral aggregate operations. As mentioned above, the subject property does not contain any natural heritage features. Further, the subject development does not require the expansion of municipal water or wastewater services and will continue to be serviced by the existing well and septic system on site. County of Simcoe Official Plan The subject lands are designated Rural on Schedule 5.1. In accordance with Section 3.7 of the Simcoe County Official Plan (SCOP), Rural Areas should recognize, preserve and protect the rural character and promote long-term diversity and viability of rural economic activities. Further, Section 3.7.5 states other rural land uses such as rural commercial development, that cannot be located and are not appropriate in a settlement area, may be permitted in the Rural designation. The proposed use must:

• generate minimal traffic or be in the proximity of an arterial road or highway; • have sewage and water service needs suitable for individual services; • not be located on prime agricultural lands except for land uses otherwise

permitted in the Agricultural designation; and • rural commercial uses must primarily serve the travelling public and tourists to

the area on the basis of convenience and access. Simcoe County was circulated for review and comment. At the time of writing this report, no comments have been received from the County.

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Report #PD-2022-06, February 16, 2022 Town of New Tecumseth Official Plan The subject property is designated Rural on Schedule A to the Town Official Plan. Section 6.2.2(c)(i) to (vii) of the Town Official Plan outlines the permitted uses for the rural designation, which include small-scale commercial uses. Section 6.2.2(k) contains the policies regarding small-scale commercial uses which may be permitted subject to the approval of a Zoning By-law Amendment. In considering an application for a Zoning By-law Amendment, Council will consider the following issues:

• the business is small in scale and the floor area of the building required for the business will not be larger than 370 square meters (4,000 square feet);

• the proposed business would be compatible with, and not hinder, surrounding agricultural operations and other existing land uses;

• the size and character of the proposed use is appropriate in the rural area; • the proposed business is compliant with Minimum Distance Separation

Guidelines; • the proposed business can be serviced with a private well and a Class 4 private

septic system and ingress/egress to the site can be safely accommodated from a public road; and

• the proposed business will not remove lands actively being utilized for agricultural purposes in the rural designation.

As previously mentioned, the business will continue to be serviced by the existing private well and septic system and access provided from Sideroad 20. Further, the current use of the property is residential and the proposed business will not remove any lands being utilized for agricultural purposes. Town of New Tecumseth Zoning By-law 2014-126 The subject property is zoned Agricultural (A2) on Schedule F to Zoning By-law 2014-126. The current zoning of the subject property does not permit a health services establishment, professional, financial and office support establishment, retail establishment accessory to a permitted use, or an apartment dwelling above a permitted use. The subject property is also located within a Wellhead Protection Area C as noted on Schedule I to Zoning By-law 2014-126. A Zoning By-law Amendment application has been submitted to rezone the property from Agricultural (A2) to Rural Highway Commercial - Exception (RHC-XX) to permit the proposed uses on the subject property. In support of the existing site conditions, the zoning amendment proposes site-specific exceptions to address deficiencies in the lot area, lot frontage, and interior side yard setback.

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Report #PD-2022-06, February 16, 2022 Public Comments On December 29, 2021, a Notice of Complete Application and Notice of Public Meeting were circulated in accordance with the requirements of the Planning Act and corresponding signage was placed on the property. Based on this notification, Town Planning Staff have received two (2) verbal comments from abutting neighbours. The nature of the verbal comments are summarized below:

• Concern regarding separation between properties and the proposed rear parking lot

• Question about fencing requirements • Concern about the proposed signage

At the time of writing this report, no formal comments have been received from the public. Internal Department and External Agency Comments On December 29, 2021, a Notice of Complete Application and Notice of Public Meeting, and a request for comments regarding the application were circulated to internal departments and external agencies for review and consideration. The Planning Department received the below written comments from external agencies and internal departments: Enbridge Gas Inc.

• No objection to the proposal, however, they reserve the right to amend their development conditions

Ministry of Transportation Ontario (MTO)

• The MTO noted support for the proposal, though there are some concerns as the rear parking lot and laneway encroach into the required 14 meter setback from Highway 9. The MTO is supportive of a one-way access laneway to the rear parking lot, rather than the proposed two-way access.

• The MTO has recommended a pre-consultation meeting prior to moving forward and noted MTO permits are required prior to any construction on site.

Town's Engineering Department

• Engineering Staff noted no concerns with the zoning amendment proposal. All outstanding items will be addressed through the Site Plan Application process.

Town's Public Works Department

• Public Works Staff noted as part of the Site Plan Agreement, an arborist report, inventory, and preservation plan will be required for all trees on Town property

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Report #PD-2022-06, February 16, 2022

and all private trees over 20cm DBH on the property and within 6 metres of the property lines.

Town's Economic Development Officer

• The Town's Economic Development Officer stated no objections to the application from an economic development standpoint, as long as all other comments and items from other Departments are addressed.

Preliminary Comments Following an initial review of the application, Staff have identified the following items to be reviewed in greater detail:

• Detailed evaluation of the appropriateness of the application, and • Satisfaction of all department, public, and agency comments and concerns.

The above issues will be considered together with any comments from the public, Council and agencies in a comprehensive report at a future Committee of the Whole meeting.

Financial Considerations

There are no financial considerations associated with this report. Respectfully submitted:

_________________________________ Courtney Fish Planner – Development Planning

Attachments: □ Attachment No. 1 - Location Map □ Attachment No. 2 - Site Plan □ Attachment No. 3 - Renderings Approved By: Department: Status:

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Report #PD-2022-06, February 16, 2022 Jennifer Best, MCIP, RPP, Director, Planning and Building

Planning Approved - 07 Feb 2022

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Location Map - 1003 Sideroad 20

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Committee of the Whole Planning Public Meeting - 16 Feb 2022

Documents

Transcript of Committee of the Whole Planning Public Meeting - 16 Feb 2022