NOTICE OF A COMPLETE APPLICATION

AND NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED ZONING BY.LAW AMENDMENT

TAKE NOTICE that the Corporation of the Township of Chatsworth is in receipt of a
complete application for a Zoning By-law Amendment under Section 34 of the Planning
Act, R.S.O. 1990, asamended.
AND TAKE FURTHER NOTICE that Council of the Corporation of the Township of
Chatsworth will hold a Public Meeting on

Wednesdav. Auqust 17 at 6:00 o.m.
(date and time)
in the Municipal Council Chambers to consider the proposed Zoning By{aw Amendment,
as per the requirements of Section 34 oÍ the Planning Act, R.S.O. 1990, as amended.

The proposed Zoning By-law Amendment will affect the lands described as,

Lots 50. 51 and 52. Plan 121. Geoqraphic Villaqe of Chatsworth.
Township of Chatsworth
(please refer to the sketch on the reverse of this form)
The purpose of the Amendment is to rezone lands from 'C1' (General Commercial) and
'R2' (Urban Residential) to 'C1-184' (General Commercial Exception) to facilitate a
commercial development on the property. A gas bar / convenience store / restaurant is
proposed. Special relief from the minimum parking requirement of the Zoning By-law is
also being requested.
The subject property is located within the'Secondary Settlement Area'on Schedule A to
the County of Grey Official Plan.
ANY individuals, corporations and public bodies may attend the Public Meeting and/or
make written or verbal representation either in support of or in opposition to the proposed
Zoning By-law Amendment. An individual, corporation or public body that does not
make an oral submission at the public meeting or make a written submission to the
Township of Chatsworth with regard to the Zoning By-law Amendment prior to the
amendment being adopted is not entitled to appealthe Zoning By-lawAmendment, nor is
such person entitled to be added as a party to the hearing of an appeal before the Ontario
Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do
so.

ADDITIONAL information relating to the proposed Zoning Bylaw Amendment may be
obtained by contacting the undersigned.
DATED at Chatsworth this 27th day of July, 2016.
CAO / Clerk
Township of Chatsworth
316837 Highway 6
R.R. #1
CHATSWORTH, Ontario
NOH 1GO
Tel. (51 9) 794-3232
Fax (519) 794499

Note Updaled zone labeb convsled to annotalion

GR EY COUNTY:

2015_44-2391546-02. MXO

Township of Chatsworth
316837 Highway
RR 1, Chatsworth, Ontario, NùH lGO
Norm Gamble, Acting CAOlClerk
Grace Nayler, Deputy Clerk
Telephone 51 9-794 -3232
Fax 519-794-¿t499

6

July 28, 2016

Township of Chatsworth
R.R. 1
CHATSWORTH, Ontario
NOH 1GO

Dear Mayor Pringle and Members of Council:

Re:

Application for Zoning By-law Amendment (2.512O16l
Lots 50, 51 and 52, Plan 121, Geographic Village of Chatsworth,
Township of Chatsworth
(239f 546 Ontario lnc. c/o Wally Gupta)

The following has been drafted to provide Council with planning comments concerning
the above-noted rezoning application.

Proposal:
The lands subject to this application currently comprise four separate parcels. Prior to
development occurring, the lots will be merged into one holding.

The new owner has assembled these lands for the purposes of operating a
commercial business, specifically, a gas bar / convenience store / restaurant. Tim
Hortons is the intended tenant of the restaurant. The proposed new building will
include 328 square metres (3,530 square feet) of convenience store floor area and
185.84 square metres (2,000 square feet) of restaurant floor area. The restaurant will
include a drive-through. The gar bar will involve four double-pumps, which will
accommodate eight vehicles at a time.

A detailed set of drawings have been included with the rezoning application package,
and includes a site plan, stormwater management drawing, landscaping plan and
elevations drawing. A stormwater management report and a traffic impact study have

lli)tigc

also been provided.

One of the four properties subject to this development is zoned 'C1' (General
Commercial'. The remaining three lots are zoned 'R2' (Urban Residential). The'R2'
zoned must be rezoned to 'C1' to allow for the proposed development to proceed. The
proposed development, as illustrated on the submitted Site Plan, will be in compliance
with the relevant 'C1' zone provisions, with the exception that relief from the parking
requirements is necessary. The Zoning By-law requires a total of 45 parking spaces
whereas 31 will be provided.

Subiect Lands:
The subject lands are bounded on three sides by roads. Provincial Highway 10 to the
east; McNabb Street (County Road 40) to the south; and, Loucks Lane to the north.
Access to/from the site will be restricted to McNabb Street.
The overall site comprises 5322 square metres of land.

At the present time, three detached dwellings are located on the site.

These

structures will be removed prior to development commencing.

Official Plan:
Lands within the former Village of Chatsworth are designated 'Secondary Settlement
Area' on Schedule A to the County of Grey Official Plan.

A variety of urban uses are

permitted within this land use designation, including
commercial activities such as gar bars, restaurants and convenience stores.

to

servicing, the 'Secondary Settlement Area' policies allow for
development on partial services (i.e. either municipal water OR sanitary sewers) only

With regard

on vacant and/or underutilized lots, as well as on new lots, provided the development
is within the reserve system capacity and the site conditions are suitable for the longterm provision of such services. New commercial uses must be supported by
information demonstrating that the on-site private service would have no adverse
environmental impact. ln this regard, the subject lands will be connected to
Chatsworth's municipal water supply and serviced with a private sewage disposal
system. WSP Canada lnc. has prepared a drawing entitled "Fully Raised Type A
Sewage Treatment and Disposal System" which details the proposed system. This
information will be reviewed by the Township's Septic Department.

The Official Plan also contains policies aimed at ensuring that development along
Provincial Highways and County Roads does not affect the efficient and safe

2ll)agc

functioning of the road system. ln this regard, Mark Engineering has prepared a
Traffic lmpact Study on behalf of the applicant. lt is Township staffs understanding
that the Ministry of Transportation and Grey County Transportation Services are now
generally satisfied with the proposed development shown on the latest version of the
Site Plan.
Based on the foregoing, the proposed development appears to be in conformity with
the County of Grey Official Plan subject to the Septic Department confirming that the
septic system is acceptable.

Provincial Policv Statement:
The Provincial Policy Statement (PPS) encourages urban type development to occur
within the designated settlement areas, such as the former Village of Chatsworth.

The PPS encourages full municipal services but does allow for other servicing
arrangements including partial services where the development represents an infilling
or minor rounding out of the existing development provided that site conditions are
suitable for the long-term provision of such services with no negative impacts. ln this
regard, the proposal represents an infilling situation and the applicant has submitted
information suggesting that the proposed commercial development can be adequately
serviced with a private sewage disposal system. The Township's Septic Department
will need to review this information.

The PPS also contains policies pertaining to the stormwater management practices.
ln this regard, the package of information submitted by the applicant includes a Final
Drainage and Stormwater Management Report. lt is the Township's understanding
that the Grey Sauble Conservation Authority (GSCA) is generally satisfied with the
proposed stormwater management proposal. Confirmation from GSCA will be
required.

Furthermore, the PPS promotes transportation systems which are safe and energy
efficient in terms of moving people and goods. The applicant's traffic consultant has
completed a Traffic lmpact Study and has been working with the Ministry of
Transportation (MTO) for the last 12 months regarding this proposed development. lt
is the Township's understanding that MTO is now generally satisfied with the layout of
the proposed commercial development.
Based on the foregoing, the proposed development will be consistent with the PPS
provided the Septic Department is satisfied that the site is suitable for the type of
sewage disposal proposed by the applicant's engineer.

3lPage

Zoninq Bv-law:
The largest of the four properties subject to the proposed development is zoned 'C1'
(General Commercial). A development invotving a gas bar I convenience store /
restaurant is permitted in this zone.

The other three parcels are zoned 'R2' (Urban Residential). Commercial development
is not permitted within this zone, and therefore an amendment to the Zoning By{aw is
required. The application is requesting that these lands also be zoned 'C1'.
The applicant is also requesting that a special provision be added to the 'C1' zone to
reduce the minimum parking space requirement. The parking provisions of the Zoning
By-law require 7.1 parking spaces for the convenience store component of the
development and 37 .16 spaces for the restaurant, for a total of 45 spaces (rounded up
from 43.26). The proposed development would provide a total of 31 parking spaces,
which includes eight parking spaces at the gas pumps. MTO has also advised that at
some point in the future the Province may acquire land for road widening purposes. lt
could include up to 14 metres of land (depth) along the Provincial Highway frontage.
Should this occur, 11 parking spaces will be lost. At that point, the site would only
provide 20 parking spaces. This potential road-widening strip has been identified on
the Site Plan, and the applicant is requesting that the Zoning ByJaw recognize the
potential loss of these 11 parking spaces now by reducing the parking space
requirement to 20 spaces.

The proposed development will comply with all other applicable provisions of the
Township's Zoning By-law.

Discussion:
The intended commercial development is an appropriate use of the subject lands,
given its size, location along the highway, and the mixture of land uses within the
immediate vicinity.

It is also important to note that no other vacant, commercial land is exists within the
former Village of Chatsworth to accommodate such a development.

The application package is very thorough, and addresses various aspects of the
proposed development including site design, septic, stormwater management,
landscaping and transportation.

The applicants have been working with MTO, County Transportation and the GSCA
for over a year, and it is Township's understanding that these three agencies find the
development generally acceptable. This will be confirmed prior to Council making a
decision.

4lPage

The Township's Septic Department will review the submitted information pertaining to
the proposed septic system. The Department's comment is an important component
of this development proposal review.

\Mth regard to the proposal to provide less on-site parking than permitted by the
Zoning By-law, Planning staff recognizes that the Township's parking requirements
appear to be more onerous than Zoning By{aws in some other municipalities. ln
particular, Chatsworth's parking requirement for the restaurant portion of the building
is 1 space per 5 square metres of floor area, whereas some other By-laws require 1
parking space per four restaurant seats. lf that provision applied to this particular
restaurant - which proposes 18 seats - the parking requirement for the restaurant
would be 5 spaces (rounded up from 4.5), as opposed to 38 space (rounded up from
37.16) required under the current provision. Using those provisions, the total required
parking would be 12 spaces for this development That figure, however, does seem
very low, but the argument that the Township's parking requirements are somewhat
high is likely a valid statement, and there does seem to be merit in lowering the
parking requirement for this site. There could, however, be a parking problem in the
future ¡f MTO does acquire a portion of the site for road widening, which would result
in the number of on-site parking spaces being reduced by 11 spaces. Of those
remaining 20 parking spaces, eight of the spaces would be located adjacent to the gas
pumps, which means that only 12 spaces would be available to service the remainder
of the customers and staff. This particular issue should be discussed with the
Planning Committee.

Gonclusions and Recommendation:

The proposed Zoning By{aw Amendment will facilitate a development that is
appropriate and desirable. The amendment conforms to the Official Plan and is
consistent with the Provincial Policy Statement. Based on the foregoing, the
Amendment should be given favourable consideration.
The proposed development will be subject to a Site Plan Control Agreement. Prior to
the Agreement being approved by Council, the following shall be required:

.

confirmation that the proposed septic system

is satisfactory to the

Septic

Department;

o
.

confirmation that the details of the Site Plan are acceptable to MTO, County of
Grey Transportation Services and the GSCA;
Council is satisfied that sufficient parking can be provided over the long term;
and,

o

the applicant's lawyer has advised in written the four parcels of land comprising

5lPage

the subject lands have merged on title.
Please note that this Report was prepared before all of the agency comments had
been received and prior to the Public Meeting. lt is possible that comments received
after the writing of this Planning Report could wanant a reconsideration of the
aforementioned recom mendation.
information will be of assistance.

Rôn Davidson,

6lPage

Township of Chatsworth
Chatsworth

Norm Gamble, Acting CAOldert
Grace Nayler, Deputy Clerk
316837 Highway 6
RR 7 Chatsworth, Ontario NOH 1c0
Tel ephon e 51 9-7 I /t-g 23 2
Fax 519-794-4499

Department Review
Fire Department
Water Department
Buildi ng/Septic Department
Roads
Property Owner's Name:

2391546 Ontario lnc. c/o Wally Gupta

Legal Description:

Lots 50, 51 and 52, Plan 121,
Geographic Village of Chatsworth,
Township of Chatsworth

25t2016

File:

Comments:

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Staff Name

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Please return to Nicole

e

Township of Chatsworth
Norm Gamble, Acting CAOlClerk Grace Nayler, Deputy Clerk
316837 Highway 6
RR I Chatsworth, Ontario NOH 1G0
Tel eph on e 51 9-7 I /h3232
Fax 519-794-tM99

Department Review

Z

/
,/ Fire Deoartment
water óepartment
Bui ld i ng/Septic Department

Roads

Property Owner's Name.

2391546 Ontario lnc. c/o Wally Gupta

Legal Description:

Lots 50, 51 and 52, Plan 121,
Geographic Village of Chatsworth,
Township of Chatsworth

File:

Comments:

Please return to Nicole

2512016