Staff Report Planning and Development Services – Planning

Report To: Committee of The Whole Meeting Date: June 26, 2017 Report Number: PDS.17.54 Subject: Zoning Amendment for new Commercial Uses (BVO) Prepared by: Denise Whaley, Planner II

A. Recommendations

THAT Council receive Staff Report PDS.17.54 “Zoning Amendment for new Commercial Uses (BVO)” for the lands known as Plan 99, Lots 3, 9 and Part of Lot 10 (64 Bruce Street South), and

THAT Council enact a Zoning By-law Amendment to change the property’s zone to the Downtown Commercial with Exception 54 with a Holding Symbol (C1-54-h), to permit limited Downtown Commercial Uses on the property.

B. Overview

The purpose of this report is to provide follow up information to Council on this zoning by-law amendment application, which requests permission to change the property from Institutional to Commercial uses. This report summarizes the information received at the public meeting on April 24, 2017 and provides Planning Policy review of this proposal. Staff recommend approval of this application and a draft by-law is attached to this report (Attachment #2).

C. Background

The property owner, Beaver Valley Outreach, has requested to rezone the property, so that the lands may be used for another purpose. As Council is aware, the Beaver Valley Outreach will be relocating and this property will become surplus to their needs.

This proposal is to rezone the lands from allow Commercial uses. The proposed new zone category is a modified version of the Downtown Commercial (C1) zone, with an exception to recognize the existing conditions on the site, such as the building and parking setbacks, limit the permitted uses to those considered similar to the existing use, and compatible with the neighbourhood. The proposed permitted uses include: retail stores, business and professional offices, service commercial uses, financial institutions, institutional uses, minor parks and open space areas, accessory residential uses.

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Location The property is located at 64 Bruce Street South in Thornbury. The property is comprised of two previously separate lots that have now merged. Although Town and MPAC information still shows two separate parcels there is only one legal parcel of land. The legal description of the property is Plan 99, Lot 3, Part of Lot 10 and Lot 9.

The property has frontage on Bruce Street, which is also Grey Road 13, a County Highway, and rear access on Park Lane, a 10-metre municipal laneway.

Figure 1: Property Location

Figure 2: Aerial Photo

The property is in an area of residential and institutional uses, and approximately 70 metres from the designated downtown area. The institutional uses include Errinrung Retirement and

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Long Term Care facility across the road to the southeast, the First Baptist Church to the southwest at the corner of Alice and Bruce Streets, and the Orange Lodge at the rear on the corner of Alice Street West and Park Lane.

Public Meeting

A public meeting for this application was held on April 24, 2017. Several comments were received from agencies, staff and neighbours which have been summarized below. Comments are also attached to this report as Attachment #1.

Comments were received from Grey County, Grey Sauble Conservation Authority and the Historic Saugeen Metis, which did not identify any concerns.

Comments from neighbours were concerned about future lack of privacy, increased traffic, street parking issues (parking blocking their private driveways), use of Park Lane for commercial access, potential redevelopment issues if the existing building were torn down (i.e. more intrusive building could be constructed), residential nature of the area, and drainage issues.

There were comments that there had been previous issues with BVO, but that they were able to work with BVO staff to resolve issues and that the authors had been motivated to accept some of the issues because they supported BVO generally. Concerns were also voiced about concern of the unknown, since the future owner of the building is not making the proposal so no specific business ideas are being proposed, as well as increased hours of operation compared to the BVO Treasure Shop.

There was also a comment that there are two parcels with different zoning and that one is vacant residential.

Internal staff department comments noted some parking issues with this property currently, and that the entrance at Bruce Street spans the entire width of the property.

D. Analysis

Provincial Policy Statement (PPS 2014) The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Within the PPS framework, the subject property is located in a settlement area. The PPS states that the vitality of settlement areas is critical to the long-term economic prosperity of our communities. The PPS supports a wide range of uses within Settlement Areas, acknowledges these as areas for the focus of growth and development, and that their vitality and regeneration shall be promoted. The PPS also provides a framework for Economic Development and Vitality by requiring that municipalities provide for an appropriate mix and range of employment and institutional uses to meet long-term needs. The reuse and redevelopment of the property redevelopment of this property appears to be consistent with the Provincial Policy Statement.

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Official Plans County of Grey Official Plan The lands are designated Primary Settlement Area in the County Official Plan, which provides for a wide range of residential, commercial, industrial and institutional uses. Policies in the plan generally defer to local plans for detailed policies for land uses in Primary Settlement Areas.

Town of The Blue Mountains Official Plan The Town’s Official Plan designates the property Community Living Area , which allows for a variety of residential types, home occupations, and institutional uses, such as churches, daycares.

Figure 3: Town's Official Plan Map

The property is also within the identified Bruce Street / Marsh Street Corridor. In order to support the Thornbury and Clarksburg Downtowns, policies in the Official Plan support opportunities for appropriate, small-scale businesses on properties designated Community Living Area, within the Bruce Street / Marsh Street Corridor. Examples of permitted uses are small-scale medical offices, retail and service commercial uses and art galleries.

The proposal is to allow downtown uses, such as service commercial, offices, retail stores, with the exception of restaurant uses. These types of uses as they are considered the most compatible types of uses to areas in and adjacent to Downtowns. In review of the types of uses and activities that were part of the operations of the BVO, although it was considered an “institutional use”, the retail use of Treasure Shop, previous daycare and programming components would have similar impacts to the uses provided for above.

Staff are satisfied that the proposal for rezoning is consistent with the intent and direction of both Official Plans.

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Figure 4: Official Plan - Bruce Street / Marsh Street Corridor Area

Town of Thornbury Zoning By-law

After a more in depth review of the property, staff have determined that the lands are in fact split zoned in the Town of Thornbury Zoning by-law – the front portion is Zoned Institutional I and the rear (previously separate lot – now a parking area) is zoned Residential Second Density (R2).

Parking provisions are clear and specific for commercial uses, which means that once a specific proposal for change of use is brought forward from the new owners, it will be reviewed based on the requirements of the by-law. Any increased parking needs for new uses will need to be dealt with at that time.

Although it has now come to light that the property is split zoned, staff feel that it is more appropriate to rezone the entire parcel now. This will allow more comprehensive provisions of the zoning by-law to apply to the lands.

A draft by-law has been attached to this staff report as Attachment #2. The draft includes provisions to recognize the existing setbacks for the BVO building that is there now. If there is a proposal in future to demolish and replace the building, the standards of the C1 zone would apply.

To deal with some of the neighbourhood concerns, we have recommended that a Holding Symbol be placed on the lands, which may be removed with an executed site plan agreement and Parking Management Plan. This will allow us to ensure the parking flow and ingress/egress is appropriate. Should a proposal come forward that is not changing the property substantially, we would expect the H removal to be fairly straightforward.

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Other Matters

Street parking was concern among many of the comments received for this proposal. Figure 5 shows the some street parking with a car partially blocking a private driveway. Staff feel that this matter is important enough to be dealt with separately, regardless of the outcome of the zoning amendment. Discussions between Town and County staff on this matter should look at options for dealing with this issue long term. Staff will review the options available and update Council in a future report.

Figure 5: Google Street View - street parking

Conclusions Staff are satisfied that the proposal to rezone the lands is in keeping with the surrounding area. This area is an eclectic mix of residential, institutional uses and close to the Thornbury downtown. Policies in the Official Plan are in place to encourage small scale commercial uses in the Bruce Street / Marsh Street Corridor. The proposal appears to be consistent with Provincial Policy and the intent and direction of the Official Plans. Staff recommend approval of the zoning amendment, attached to this report.

E. The Blue Mountains Strategic Plan

The recommendations in this report support the following goals and objectives:

Goal #1 - Create opportunities for sustainability, Objectives # 2 - Attract new Business, and 3 - Promote a Diversified Economy

F. Environmental Impacts

None.

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G. Financial Impact

None.

H. In consultation with

Agencies, the public and internal staff through the Public Notice process under the Planning Act.

I. Attached

1. Comments Received 2. Draft Zoning By-law

Respectfully Submitted,

Denise Whaley, MSc MCIP RPP Planner II

Michael Benner, MCIP RPP Director of Planning and Development Services

For more information, please contact: Denise Whaley, Planner II dwhaley@thebluemountains.ca 519-599-3131 extension 262

From: Design Office Zen [mailto: Sent: Friday, April 14, 2017 1:35 PM To: Corrina Giles <cgiles@thebluemountains.ca> Subject: 64 Bruce St. S. Zoning Amendment Hi there,

We live on 66 Bruce Street South and will be attending the public meeting.

We would like to know if there was ever a consideration to amend the zoning to residential and if not, why not.

Considering the limited parking space the property has and it being on the main road off downtown, many of us who live around the property think it is better zoned residential.

Thanks, ⌘ Keita Inoue [web developer] ⌘ Design Office Zen ⌘ info@designofficezen.com | www.designofficezen.com

From: Celine Szoges [mailto: Sent: Friday, April 21, 2017 3:33 PM To: Corrina Giles <cgiles@thebluemountains.ca> Subject: Zoning Amendment Beaver Valley Outreach

Town Clerk, Corrina Giles Town of Blue Mountains 32 Mill St. Box 310 Thornbury, Ontario N0H2P0 townclerk@thebluemountains.ca April 21, 2017 Dear Town Clerk of The Blue Mountains, Corrina Giles, Responding to the BVO Application for Zoning Amendment meeting on Monday, April 24, 2017, many considerations should be contemplated in the BVO rezoning: Surrounding neighborhood atmosphere residential enjoyment of life in the surrounding neighborhood senior residential enjoyment of life in the surrounding neighborhood Safety street accidents due to lack of visibility because of parked vehicles street accidents due to volume of parked vehicles on Bruce and Alice Streets potential accidents due to vehicles crossing sidewalks potential accidents increase due to a commerce's full-time schedule, as opposed to the BVO's part-time schedule carbon monoxide emissions due to idling vehicles lack of restrictions to forbid through traffic in both directions... Bruce to Alice and Alice to Bruce streets... Services sewer outflow electricity/telephone intake gas intake water intake Access facilitation fire route access garbage pickup access Personal Service Worker access 'Dead End' signage at the entrance to Park Lane and before David Middelton's property Maintenance parking lot ground maintenance parking lot dust maintenance greenery maintenance

Drainage/clearing water pooling and freezing on parking lot, which are also safety concerns snow removal water removal Setbacks de jure/de facto setbacks Legal definitions outcome of 'Lane' and 'Street' legal definitions on the smooth administration of each proposed zoning.... Thank you, Celine Szoges/Schwartz Included: Photo of broken 'No through Traffic' sign

DRAFT

The Corporation of the Town of The Blue Mountains

By-Law Number 2017 –

Being a By-law to amend Zoning By-law No. 10-77 which may be cited as "The Town of Thornbury Zoning By-law"

Whereas the Council of the Corporation of the Town of The Blue Mountains deems it necessary in the public interest to pass a by-law to amend By-law No. 10-77;

And Whereas pursuant to the provisions of Section 34 and 36 of the Planning Act, R.S.O. 1990, c. P.13, the By-law may be amended by Council of the Municipality;

Now Therefore Council of The Corporation of the Town of The Blue Mountains hereby enacts as follows:

1. That Schedule A, Map A2 is hereby amended by changing the zoning symbol for the lands known as Lot 3, Lot 9 and Part of Lot 10 of Plan 99 (formerly the Town of Thornbury) from Institutional (I) and Residential Second Density (R2) to Downtown Commercial Exception with Holding Symbol (C1-54).

2. That Section 26 is hereby further amended by adding the following new exception:

“54. Notwithstanding Section 14 of this by-law, the lands Zoned C1-54 are subject to the following special provisions: Permitted Uses: A Restaurant use is not permitted. Minimum Side Yard _ North side: 0.76 m Minimum Side Yard – South Side: 4.0 m Minimum Rear Yard: 3.0 m Special yard provisions apply for the structures existing on the property at the time of this by-law only (date).”

3. The Holding Symbol may be removed upon registration of a Site Plan Agreement and approved Parking Management Plan.

4. That Schedule “A-1” is declared to form part of this by-law.

And Further that this By-law shall come into force and take effect upon the enactment thereof.

Enacted and passed this ____ day of ____________, 2017

___________________________ John McKean, Mayor

__________________________ Corrina Giles, Clerk I hereby certify that the foregoing is a true copy of By-law No. ________________ as enacted by the Council of the Corporation of the Town of The Blue Mountains on the ____________ day of ___________________, 2017. __________________________ Corrina Giles, Clerk Dated at ________________________ this ______ day of ______________, 2016.

Bruce Street South

Park Lane

¯Town of The Blue Mountains

Schedule A-1, 2017By-Law No. 2017- _________

LegendSubject Lands of this AmendmentArea to be rezoned from I to C1-54-hArea to be rezoned from R2 to C1-54-h