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330 RICHMOND ST., SUITE #204, CHATHAM, ONTARIO N7M 1P7 TELEPHONE (519) 354-4351 / FAX (519) 354-4298 To: Mayor and Members of Council From: Storey Samways Planning Ltd. Date: February 21, 2016 Subject: Planning Services Report General File Information and Key Map: Application: Combined Official Plan Amendment (OPA 45) & Zoning By-law Amendment (D- 28 C/04/16/O) CityView #: PL201600010 Owner: 1375175 Ontario Inc. Applicant: Alf Hunter Location: 16 & 27 Adelaide Street South Part of Lot 17, Block G, Old Survey and Part of Lots 18, 20 & 23, Block K, Old Survey Roll Numbers: 3650 420 028 00500 & 3650 420 028 00200 Community: Chatham (City) Recommendations: It is recommended that: 1. Official Plan amendment application D-28 C/04/16/O, being OPA No. 45, in the Community of Chatham (City) which adds site-specific special policies to the existing Downtown / Mainstreet designation of the lands known as 27 Adelaide Street South, to permit a craft brewery and a craft cidery, be approved. 2. Zoning by-law amendment application D-28 C/04/16/O to implement the official plan

TELEPHONE (519) 354-4351 / FAX - portal.chatham-kent.caportal.chatham-kent.ca/Council/CouncilMeetings/2016/Documents/March/Mar-21-9h.pdf · At the time of writing, no unfavourable

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330 RICHMOND ST., SUITE #204, CHATHAM, ONTARIO N7M 1P7 TELEPHONE (519) 354-4351 / FAX (519) 354-4298

To: Mayor and Members of Council From: Storey Samways Planning Ltd. Date: February 21, 2016 Subject: Planning Services Report General File Information and Key Map: Application: Combined Official Plan

Amendment (OPA 45) & Zoning By-law Amendment (D-28 C/04/16/O)

CityView #: PL201600010 Owner: 1375175 Ontario Inc.

Applicant: Alf Hunter Location: 16 & 27 Adelaide Street South

Part of Lot 17, Block G, Old Survey and Part of Lots 18, 20 & 23, Block K, Old Survey

Roll Numbers: 3650 420 028 00500 & 3650 420 028 00200 Community: Chatham (City) Recommendations: It is recommended that: 1. Official Plan amendment application D-28 C/04/16/O, being OPA No. 45, in the

Community of Chatham (City) which adds site-specific special policies to the existing Downtown / Mainstreet designation of the lands known as 27 Adelaide Street South, to permit a craft brewery and a craft cidery, be approved.

2. Zoning by-law amendment application D-28 C/04/16/O to implement the official plan

1375175 Ontario Inc. (Owner) / Alf Hunter (Applicant) Page 2 OPA 45, D-28 C/04/16/O

amendment, establish definitions for the proposed uses, and on a site-specific basis add the brewery and cidery uses to those uses already permitted, be approved and the by-law adopted.

Description of Proposal: It is proposed that the vacant 1,890 sq. m (20,345 sq. ft.) building at 27 Adelaide Street South (former Cinema 6 theatre) be converted to house craft brewery and craft cidery (future business-plan phase) facilities, which at full operational capacity will produce an estimated 20,000 hectolitres of beer annually, and will employ 20-30 persons at full buildout. Cidery production volume is yet to be determined. In addition to the actual brewing process and associated infrastructure, it is also proposed that the facility will include retail sales of its products, an interior tasting lounge and exterior tasting patio, and storage / distribution. The subject site is 8,130 sq. m (87,500 sq. ft.) and includes a large existing paved parking area containing 187 parking spaces. It should also be noted that the parcel (16 Adelaide Street South) across the street from the vacant building will also be leased by the applicant for additional parking. Finally, the applicant leases a small parcel immediately south of the parcel which will provide more convenient parking. An outline of the operation, provided by the applicant, is attached in the form of a Planning Justification Report (PJR), for the information of the reader. See Appendix “A”. In order for the proposal to move forward, a number of planning applications are required:

1. Official Plan Amendment – place the subject parcels in a site-specific special policy area to permit the production of craft beers and cider.

2. Zoning Amendment – introduce definitions of craft brewery and craft cidery; place in site-specific commercial classification to add craft brewery and craft cidery (and ancillary) uses as additional permitted uses.

1375175 Ontario Inc. (Owner) / Alf Hunter (Applicant) Page 3 OPA 45, D-28 C/04/16/O Background: Subject Property (27 Adelaide St. S.)

Area – 8,130 sq. m (87,500 sq. ft.) Existing Use – vacant building (former Cinema 6 theatre) Proposed Use – brewery & cidery Services – full municipal services Access – existing access

Surrounding Land Uses

North – McGregor Creek; commercial and with residential beyond All other directions – mix of commercial and residential

Official Plan Downtown / Mainstreet

Existing Zoning

Urban Commercial (Central Business District), “UC(CBD)”

Consultation: At the time of writing, no unfavourable comments have been received from any of the agencies canvassed and the Technical Advisory Committee (TAC) supports the application. Chatham-Kent Public Works (CKPW) CKPW indicated that should an outdoor patio area be developed which encroaches on the Adelaide Street South municipal right-of-way, then an encroachment permit through Public Works will be required. Chatham-Kent Public Utilities Commission (CKPUC) Water The CKPUC has approved the Application for Rate of Flow Control Valve System for the Micro-Brewery at 27 Adelaide St S, Chatham. The application is based on the understanding that a formal agreement will be executed. Wastewater The Micro-Brewery at 27 Adelaide Street South will need to enter into a formal Extra Strength Agreement with CKPUC as per the Sewer By-law 4-2000. The Micro-Brewery must meet the Sewer Use By-law and an Extra Strength Agreement has to be signed.

1375175 Ontario Inc. (Owner) / Alf Hunter (Applicant) Page 4 OPA 45, D-28 C/04/16/O Lower Thames Valley Conservation Authority (LTVCA) LTVCA has no issues with the proposed use or designation change. Their full comments are attached as Appendix “B”. Ministry of Municipal Affairs and Housing (MMAH) MMAH was circulated with the details of the proposed application and their formal response is attached as Appendix “C”. In summary, the Province has no objection to the proposal. CP Rail CP Rail was informally notified of the proposal through Economic Development and the applicant and had no concerns. CP Rail will be formally notified through the normal circulation process under the Planning Act. Public Information Meeting A public open house was organized by the applicant and held on November 23, 2015, and saw 15 community members attend. The public response at this meeting to the proposed redevelopment of the former Cinema 6 was positive. A summary of the public comments and meeting notes are included within the applicant’s PJR attached to this document as Appendix “A”. Analysis: Council Directions The recommendations in this report support the following Council Directions:

Jobs: Everyone in Chatham-Kent who wants to work is able to work in

meaningful employment People: Chatham-Kent is a welcoming community where people choose to live,

learn, work and play Health: Chatham-Kent is a healthy, active, safe, accessible community within

a healthy natural and built environment Financial Sustainability: The Corporation of the Municipality of Chatham-Kent is

financially sustainable Has the potential to support all Council Directions Neutral issues (does not support negatively or positively)

Provincial Policy Statement (PPS) There are no issues of Provincial significance raised as a result of the application.

1375175 Ontario Inc. (Owner) / Alf Hunter (Applicant) Page 5 OPA 45, D-28 C/04/16/O Official Plan The subject lands are designated Downtown / Mainstreet Area in Map Schedule E2 – Chatham Urban Centre. An important role of this land use designation is found in the preamble to Section B.2:

Chatham’s downtown/historic core area is the centre of pedestrian-oriented retail, office, civic, cultural, entertainment and government activity in the Municipality. The Municipality will encourage both public and private sector initiatives to improve its streetscapes, building facades and infrastructure, and new dining, tourism, recreation, retail and entertainment uses in the downtown. It will thus continue to be the community focal point and meeting place for both residents and visitors to Chatham-Kent.

Important policies in the designation are found in Subsections B.2.2.2.1 and B.2.2.2.2:

B.2.2.2.1 The Chatham Downtown/Main Street Area shall be recognized and reinforced as the historic core area of Chatham and the community focal point of Chatham-Kent. It shall contain a concentration of pedestrian-oriented retail, business, financial, office, residential, dining, cultural, entertainment, tourist and institutional uses. A mix of uses including retail commercial, multiple density residential, business and professional offices, restaurants, cultural, recreational and entertainment uses shall be encouraged to locate in the Chatham Downtown/Main Street Area to reinforce it as an important shopping area, a centre of business and finance, a people place and a community meeting place or focal point for residents and visitors.

B.2.2.2.2 Mixed-use commercial or residential intensification, free-standing residential

intensification, infill and development or redevelopment projects shall be encouraged in the Chatham Downtown/Main Street Area. The intensification or redevelopment of underutilized and/or incompatible sites shall be encouraged.

Comment: small scale craft or micro-breweries are found in downtown locations in many communities throughout Canada. The proposed use, which is industrial in nature and not found in the list of permitted uses in Subsection B.2.2.2.4, nonetheless meets many of the criteria in the subsections quoted above and as described in the Planning Justification Report attached as Appendix “A”. The proposed facility will:

· Redevelop a building which has been vacant for many years with a viable commercial activity

· Provide tours and ancillary uses such as a tasting lounge and retail sales

· Serve as a venue for entertainment and catered events

· Function as a tourist destination and a “people place” Potential incompatibilities, such as nuisance odours, with adjacent / nearby uses are

1375175 Ontario Inc. (Owner) / Alf Hunter (Applicant) Page 6 OPA 45, D-28 C/04/16/O easily addressed and mitigated with modern emission control equipment and venting design as described in Appendix “A”. Finally, by redeveloping and improving a “gateway” location to King Street, it will be implementing important objectives of the Community Improvement policies of Section 2.8.1 and the Sustainable Shoreline Policies of Section 7.1. Therefore the proposed official plan amendment, which will add a craft brewery and craft cidery as additional permitted uses on this site, can be said to be in conformity with the general development policies of the plan, and implement important parts of the Downtown / Mainstreet land use designation in particular. Zoning The current zoning on the subject lands is Urban Commercial (Central Business District), “UC(CBD)”, which does not permit the proposed uses nor does it define the proposed uses. Therefore, the amending by-law serves two purposes: 1. Includes craft brewery and craft cidery as additional permitted uses in a site-specific

exception zone; 2. Provides definitions for the proposed uses (see below).

“CRAFT BREWERY” means the premises for the production of beer and features the following:

· The facility produces up to 50,000 hectoliters annually for sale at retail outlets such as the LCBO or Beer Store and off-premises locations such as pubs and restaurants;

· The facility is a tourism destination including accessory uses such as tours, a

tasting/event room, secondary food preparation and on-site retail space; · The facility utilizes a stack condenser which will reduce odour emissions and re-

capture/re-use waste heat; · Accessory uses are permitted and may include, but are not necessarily limited to,

storage and distribution of beer produced on site. “CRAFT CIDERY” means the premises for the production of cider and features the following:

· The facility produces up to 50,000 hectoliters annually for sale at retail outlets such as the LCBO or Beer Store and off-premises locations such as pubs and restaurants;

· The facility is a tourism destination including accessory uses such as tours, a

tasting/event room, secondary food preparation and on-site retail space; · The facility utilizes a stack condenser which will reduce odour emissions and re-

capture/re-use waste heat;

1375175 Ontario Inc. (Owner) / Alf Hunter (Applicant) Page 7 OPA 45, D-28 C/04/16/O

· Accessory uses are permitted and may include, but are not necessarily limited to,

storage and distribution of cider produced on site.

Conclusion The proposed official plan amendment and zoning amendment have been reviewed in the context of the Provincial Policy Statement, the Official Plan and Zoning By-law and will be in full conformity. Therefore, the applications are being recommended for approval subject to the conditions noted in the Recommendations of this report. Financial Implications: An increase in assessment is anticipated once the building is improved and the new facility begins operation. Prepared by: Reviewed by: Tom Storey, M.Sc., MCIP, RPP Marsha Coyne, MCIP, RPP Storey Samways Planning Ltd. Senior Planner, Planning Services S:\C-K Documents\ACTIVE FILES\36016\36016 1375175 Ontario Report.doc

1375175 Ontario Inc. (Owner) / Alf Hunter (Applicant) Page 8 OPA 45, D-28 C/04/16/O

Looking southeast at the existing building on the subject lands

Looking north at the existing building on the subject lands

1375175 Ontario Inc. (Owner) / Alf Hunter (Applicant) Page 9 OPA 45, D-28 C/04/16/O

Looking east over the northerly access and parking area

Looking east over the parking area located to the rear of the building

1375175 Ontario Inc. (Owner) / Alf Hunter (Applicant) Page 10 OPA 45, D-28 C/04/16/O

Looking west over the CP Rail owned lands for which the developer has under lease for parking and access

Looking west over the parking area across the street (16 Adelaide Street South)

1375175 Ontario Inc. (Owner) / Alf Hunter (Applicant) Page 11 OPA 45, D-28 C/04/16/O

APPENDIX “A”

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APPENDIX “B”

1375175 Ontario Inc. (Owner) / Alf Hunter (Applicant) Page 20 OPA 45, D-28 C/04/16/O

APPENDIX “C”

1375175 Ontario Inc. (Owner) / Alf Hunter (Applicant) Page 21 OPA 45, D-28 C/04/16/O