Agenda Item # Page #

TO:

FROM:

2-6634 L.PO MPl Lll

CHAIR AND MEMBERS - PLANNING COMMITTEE

R. W. PANZER ACTING GENERAL MANAGER OF PLANNING AND DEVELOPMENT

SUBJECT: APPLICATION BY: GREGORY KOWALSKI 2315 DUNDAS STREET

PUBLIC PARTICIPATION MEETING ON MONDAY, APRIL 26,2004 @ 7:30 PM

RECOMMENDATION

That, on the recommendation of the Acting General Manager of Planning and Development, based on the application of Gregory Kowalski relating to the property located at 2315 Dundas Street, a by-law BE INTRODUCED at the Municipal Council meeting on Monday April 19, 2004 to amend Zoning By-law No. Z.4 in accordance with the attached enacting clause in conformity with the Official Plan to change the zoning of the subject lands FROM a Restricted Service Commercial (RSCI IRSC5) Zone TO a Restricted Service Commercial (RSCI IRSC51RSC6) Zone to permit an automobile sales and service establishment with an automobile body shop, at this location.

It being noted that site plan approval is required for the proposed new development and shall have regard for issues relating to, access, screening, buffering and siting of proposed new structures and open storage areas.

I1 RATIONALE ll I. The requested zoning conforms to the Official Plan policies for lands designated

Restricted Service Commercial.

The proposed automobile sales and service establishment with an automobile body shop use is compatible with the surrounding uses. Any redevelopment of this site is subject to site plan approval.

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3. The site can accommodate the proposed new development. Issues relating to parking, access, screening, buffering and siting of proposed new structures and open storage areasawill be addressed during the site plan approval stage of development.

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LOCATION MAP Subject Site: 2315 DUNDAS STREET

Applicant: KOWALSKI GREGORY

Roll Number: 040580342000000

File Number: 2-6634

Planner: LP

Created By: LP

Date: 211 3/2004

Scale: I : 3700

CORPORATION OF THE CITY OF LONDON Prepared By: Planning & Development Department

Subject Site

Buildings

LEGEND

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Agenda Item # Page #

BACKGROUND -

2-6634 L.POMPILII

Date Application Accepted: February 11,2004 I( Agent: Andy Wedzinga

.(Remax Centre City) REQUESTED ACTION:

An application has been received by City Council from Gregory Kowalski requesting a change to Zoning By-law Z.-I from a "Restricted Service Commercial (RSCVRSC5) Zone" to a "Restricted Service Commercial (RSCI /RSC5/RSC6) Zone 'I.

The purpose and effect of this zoning change is to add the RSC6 Zone variation to this site to allow an automobile sales and service establishment with an automobile body shop at this location.

Current Land Use -Vacant Frontage - 37.5 metres (123 feet) Depth - 140.4 metres (460.5 feet) Area - 0.84 hectares (2.08 acres) Shape - reversed L-shaped parcel

SURROUNDING LAND USES: ~ ~~

North -Agricultural South - Industrial East - Service Commercial uses West - Residential / Commercial uses

~~ ~-

OFFICIAL PLAN DESIGNATION:

Restricted/Highway Service Commercial

EXISTING ZONING:

Restricted Service Commercial (RSCI /RSC5)

~ ~~

SIGNIFICANT DEPARTMENTIAGENCY COMMENTS

Environmental and Engineering Services Department

The City of London's Environmental and Engineering Services Department offers the following comments with respect to the aforementioned Official Plan and Zoning By-Law amendment application.

Adequate and functional onsite parking will be required to be provided to serve the proposed land use.

. There is no municipal sanitary sewer adjacent to the subject site. The developers consulting engineer will be required to determine an acceptable sanitary outlet to serve this development to the satisfaction of the Environmental and Engineering Services Department.

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LEGEND 0 DEFERRED AREAS

DOWNTOWN AREA

REGIONAL SHOPPING AREA

COMMUNITY SHOPPING AREA

NEIGHBOURHOOD SHOPPING AREA

ASSOCIATED SHOPPING AREA COMMERCIAL

BUSINESS DISTRICT

ARTERIAL MlXED USE DISTRICT HIGHWAY SERVICE COMMERCIAL

RE STRl CTE D/H IG H WAY SERVICE CO M ME RCI AL

RESTRICXD SERVICE COMMERCIAL

COMMERCIAL POLICY AREA

MULTI- FAMILY, HIGH DENSITY RESIDENTIAL

MULTI - FAMILY, MEDIUM DENSITY RESIDENTIAL

LOW DENSITY RESIDENTIAL

- 9 1 AREAS mi OFFICE AREA L .,. .II UNDER APPEAL

0 FFI CE/RESI DENTI AL

OFFICE BUSINESS PARK

GENERAL INDUSTRIAL

LIGHT INDUSTRIAL

REGIONAL FACtLlTY

COMMUNITY FACILITY

OPEN SPACE

URBAN RESERVE - COMMUNITY GROWTH

URBAN RESERVE - INDUSTRIAL GROWTH

RURAL SETTLEMENT

ENVIRONMENTAL REVIEW

AGRICULTURE

URBAN GROWTH BOUNDARY

MIS IS AN EXCERPT FROM THE PLANNING DIVISION'S WORKING CONSOLIDATION OF SCHEDULE A TO THE CITY OF LONDON OFFICIAL PLAN, WITH ADDED NOTATIONS

FILE NO.

CITY OF LONDON 2-6634 DEPARTMENT OF PLANNING AND DEVELOPMENT

OFFICIAL PLAN SCHEDULE A - LAND USE

March 23,2004 CMH

y I 0 lo00 I PREPARED By: Graphics & lnformatlon Services I SCALE 1:30,000 /I AML LOCATION: \~clfilel\GisWork\plannina\proiecte\p off icialplan\workconso100\exerpts\amIs\schsblk8xl4.smI 4

COUNCIL APPROVED ZONING FOR THE SUBJECT SITE: RSCII RSCS

LEGEND FOR ZONING BY-LAW Z-I R I - SINGLE DETACHED DWELLINGS R2 - SINGLE AND TWO UNIT DWELLINGS R3 R4 - STREET TOWNHOUSE R5. - CLUSTER TOWNHOUSE R6 R7 - SENIOR'S HOUSING R8 R9 R10 - HIGH DENSITY APARTMENTS R I 1 - LODGING HOUSE

- SINGLE TO FOUR UNIT DWELLINGS

- CLUSTER HOUSING ALL FORMS

- MEDIUM DENSITY/LOW RISE APTS. - MEDIUM TO HIGH DENSITY APTS.

DA - DOWNTOWN AREA RSA - REGIONAL SHOPPING AREA CSA - COMMUNITY SHOPPING AREA NSA - NEIGHBOURHOOD SHOPPING AREA BDC - BUSINESS DISTRICT COMMERCIAL AC - ARTERIAL COMMERCIAL HS - HIGHWAY SERVICE COMMERCIAL RSC - RESTRICTED SERVICE COMMERCIAL CC - CONVENIENCE COMMERCIAL SS -AUTOMOBILE SERVICE STATION ASA - ASSOCIATED SHOPPING AREA COMMERCIAL

OR - OFFlCElRESlDENTlAL OC - OFFICE CONVERSION RO - RESTRICTED OFFICE OF -OFFICE

RF - REGIONAL FACILITY CF - COMMUNITY FACILITY NF - NEIGHBOURHOOD FACILITY HER - HERITAGE DC -DAYCARE

OS - OPEN SPACE CR - COMMERCIAL RECREATION

OB - OFFICE BUSINESS PARK LI - LIGHT INDUSTRIAL GI - GENERAL INDUSTRIAL HI - HEAW INDUSTRIAL EX - RESOURCE EXTRACTIVE UR - URBAN RESERVE

"h" - HOLDING SYMBOL "D" - DENSITY SYMBOL "H" - HEIGHT SYMBOL "B" - BONUS SYMBOL lirl - TEMPORARY USE SYMBOL

2) 2. .-. ., FOR TOWNSHIP ZONES PLEASE SEE THE RELEVANT .%-*.-a ... ZONING BY-LAW FOR A DESCRIPTION OF REGULATIONS

CITY OF LONDON FILE NO: I 2-6634 LP

MAP PREPARED: DEPARTMENT OF PLANNING AND DEVELOPMENT

2004 March 23 CMH

1 :4800

100 0 100 Meters

5 - 3

0 ZONING

SCHEDULE A

BY-LAW NO. Z.4

THIS MAP IS AN UNOFFICIAL EXTRACT FROM THE ZONING BY-LAW WITH ADDED NOTATIONS

Agenda Item 4 Page # I

PUBLIC LIAISON:

On February 13, 2004, Notice of Application letters were sent to 22 nearby property ownerd. On February 21,2004 a Notice of Application was placed ih the Living In The City section of the London Free Press.:

2-6634 L.POMPILII

1 telephone call

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9 This site is located in the Crumlin Drain sudwatershed. Upon development of the subject lands stormwater management may be required.

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Responses: Another property in the area operated an Auto Body Shop illegally and caller wants to be ensured that the proposed development will have1 regards to all municipal requirements / approvals applicable to this type of development (Site Plan Approval).

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ANAL+SIS 1 Existinn Situation

The subject site fronts the south side of Dundas Street, approximately 250 metres (820 feet) east of Airport Road. The site is currently vacant and consists of a lot frontage of 37.5 metres (123 feet), lot depth of 140 metres (460.5 feet) add a lot area of 0.84 hectares (2.08 acres). The applicant is seeking to re-zone the subject sitd to permit an automobile sales and service establishment with an automobile body at this lochtion.

Conformity with the Official Plan

The subject site is located within an area that is designated Restricted/Highway Service Commercial in the official plan. The Service Co/nmercial land use designation is categorized into Highway Service Commercial and Restricted Service Commercial areas. The intent of these categories is to promote the clustering1 of service commercial uses having similar functional characteristics and requirements, and to avoid a mixing of uses that will contribute to the extension of strip commercial development. Gertain Service Commercial areas, such as the subject site, that fulfil the function and charactehstics of both Service Commercial categories may be given a dual designation of RestrictedIHidhway Service Commercial in the official plan.

Areas designated Highway Service Commercial dre primarily intended for commercial uses that cater to the commercial needs of the travelling public. Types of service commercial uses that generate significant amounts of traffic and draw batrons from a wide area may also be located within these areas. I

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Agenda Item # Page #

2-6634 L.POMPILII

Areas designated Restricted Service Commercial are intended to be developed for a limited range of commercial uses that require sites that are large enough to accommodate extensive, open or enclosed display or storage areas; or sites that are removed from residential or other sensitive land uses that may be adversely affected by noise, odour, traffic, visual, or other nuisance impacts associated with the service commercial use.

Permitted uses within Highway Service Commercial areas include hotels; motels; automotive services; convenience commercial uses; personal services; commercial recreation establishments; restaurants; assembly halls; drive-in theatres; and other types of commercial uses that offer a service to the travelling public. Zoning on individual sites may not allow the full range of permitted uses.

Permitted uses within Restricted Service Commercial areas include sale of seasonal produce; automotive uses; building supply outlets and hardware stores; furniture and home furnishings stores; warehouse and wholesale outlets; nursery and garden stores; animal hospitals or boarding kennels; light industrial uses which have ancillary retail, wholesale or service functions; construction and trade outlets; repair, service and rental establishments; service trades; commercial recreation establishments; assembly halls and private clubs; similar types of uses that require large, open or enclosed display or storage areas; funeral homes; and service commercial uses which may not be suitable in other land use designations by reason of potential nuisance impacts on adjacent land uses.

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Service Commercial areas shall have a low-rise development form. The actual height restrictions for Service Commercial areas will be detailed in the Zoning By-law.

Proposals to amend the Official Plan and/or Zoning By-law to expand or add a Service Commercial designation or to add permitted uses within a Service Commercial area shall be evaluated on the basis of:

i> Compliance with the appropriate policies on form, function, permitted use, location, and scale of development.

The proposed zone change is consistent with the intent of sections 4.6.1, 4.6.2, 4.6.3 and 4.6.4 of the official plan in terms of function, permitted uses, location, scale and form of development. The proposed zone change would add the RSC6 Zone variation to this site and allow a sales and service establishment with an automobile body shop.

i i)

iii)

The availability of municipal services to accommodate the proposed use.

The site is serviced with municipal water. There is no municipal sanitary sewer adjacent to the subject site. The developers consulting engineer will be required to determine an acceptable sanitary outlet to serve this development to the satisfaction of the Environmental and Engineering Services Department. This site is located in the Crumlin Drain subwatershed. Upon development of the subject lands stormwafer management may be required. These, among other engineering and transportation issues will be addressed in greater detail through the site plan approval process. Prior to the issuance of a building permit, the applicant must demonstrate that based on the proposed development, the site can accommodate a private septic system.

The availability of alternative undeveloped Service Commercial lands within the general vicinity that may be appropriate for the proposed use.

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Agenda Item # Page #

2-6634 L.POMPILII

The site is vacant and suitable for the proposed form development. Other undeveloped sites located on the south side of Dundas Street are located within 75 metres (246 feet) of zoned residential lands and are not suitable for the proposed use.

iv) Planning Impact Analysis according to the provisions of Section 4.8.

A Plannina ImPact Analvsis is used to evaluate applications for a zone change, to determine the appropriateness of a proposed change, and to identify ways of reducing any adverse impacts on surrounding land uses.

i) Where a zone change application is for a general change in land use and does not relate to a specific development proposal, or where site specific information on the future development of the site is not required, all or some of the following criteria may be considered:

(a) compatibility of proposed uses with surrounding land uses, and the likely impact of the proposed development on present and future land uses in the area;

The proposed use is compatible with surrounding land uses, and is not likely o have a negative impact on present and future land uses in the area. The surrounding land uses include similar service commercial areas and industrial land uses. The nearest residential zone is located approximately 250 metres (820 feet) to the west.

the size and shape of the parcel of land on which a proposal is to be located, and the ability of the site to accommodate the intensity of the proposed uses;

The size and shape of the subject site is appropriate for the proposed use. The RSC6 Zone requires a 45 metres (147 feet) minimum lot frontage and the site consists of a frontage of 37.5 metres (727 (feet). A concurrent Minor Variance application has been submitted for relief fo the lot frontage requirement. The requested variance is considered minor. The overall lot are and depth is appropriate for the proposed use.

the supply of vacant land or vacant buildings in the area which is designated and/or zoned for the proposed uses;

There are other undeveloped and vacant sites in this area located on the south side of Dundas Street, however, these sites are in the vicinity of sensitive land uses and located within 75 metres (246 feet) of zoned residential lands and are not suitable for the proposed use.

the potential traffic generated by the proposed change, considering the most intense land uses that could be permitted by such a change, and the likely impact of this additional traffic on City streets, pedestrian and vehicular safety, and on surrounding properties.

It is not anticipated that the proposed use and traffic generated by the proposed change will have a negative impact in this area. Dundas Street is an an'erial road in this area with estimated traffic volumes of 14,000 vehicles per day.

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Agenda Item # Page #

2-6634 L.POMPILII

i i) Where a zone change is for a specific development proposal, or where more site specific and detailed information on the type and nature of future development is required, all or some of the following criteria may be considered:

(a) all of the criteria listed above;

the height, location and spacing of any buildings in the proposed development, and any potential impacts on surrounding land uses;

(b)

The height (12 metres), location and spacing of any proposed buildings will remain unchanged as a result of the proposed change. The main impact from fhe proposed change will be the increase in maximum open storage which will double from 75% to 30 %. Any impacts to abutting properties can mitigated through the Sife Plan review process.

the location of vehicular access points and their compliance with the City's road access policies and Site Plan Control By-law, and the likely impact of traffic generated by the proposal on City streets, on pedestrian and vehicular safety, and on surrounding properties;

Access points to arterial roads shall be limited to the minimum number necessary for the functioning of a proposed service commercial use. '

Access points will be controlled to minimize disruption to traffic flow, and may also be limited through requirements for common driveways and manoeuvrability between sites. These types of measures may be implemented through site plan control, or a Road Access By-law.

compliance of the proposed development with the provisions of the City's Official Plan, Zoning By-law, Site Plan Control By-law, and Sign Control By-law; and

The proposed development is consisfenf with the intent of fhe Official Plan for lands dually designated as Restricted/High way Service Commercial. The RSCG Zone variation is appropriate af this location. The relief to the lot frontage requirement is considered minor. Site Plan approval is required for the proposed development. The Site Plan review process shall have regard for buffering, screening and open storage.

measures planned by the applicant to mitigate any adverse impacts on surrounding land uses and streets which have been identified as part of the Planning Impact Analysis.

Existing residential development is located in the area. Restrictions on outdoor storage and garbage storage, and requirements for substantial setbacks, landscaped strips, screening, and other measures to buffer the service commercial uses, should be considered through the site plan approval process.

Requested Zoning

The applicant has requested a change to Zoning By-law Z.4 which includes adding the Restricted Service Commercial (RSCG) Zone variation to the existing Restricted Service Commercial (RSCllRSC5) Zone applied to this site. The RSCG Zone would add an automobile sales and service establishment with automobile body shop use to this site. Automobile body shops accessory to an automobile sales and service establishment are not permitted within 75 metres (246 feet) of a Residential Zone. The nearest Residential Zone is located approximately

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Agenda Item # Page #

2-6634 L.POMPILI1

250 metres (820 feet) to the east, along Crumlin Sideroad. Existing residential uses are located along the south and north sides of Dundas Street. These properties are zoned and designated for Service Commercial uses. The Site plan review will have regard for screening, buffering and siting of proposed structures and open storage areas to help mitigate any impacts to existing uses in the area. The RSC6 Zone variation is appropriate at this location.

Compatibility

The subject site is surrounded by a mix of service commercial, retail, and existing residential uses to the east and west along Dundas Street. The lands to the south, within the Trafalgar Industrial Park, contain primarily light industrial and office type uses. The lands to the north include a mix of service commercial, agricultural and existing residential uses. The proposed automotive use is compatible with the above-noted surrounding uses.

The application is subject to site plan approval. Issues relating to parking, access, screening, buffering and siting of proposed new structures and open storage areas will be addressed during the site plan approval stage of development.

CONCLUSION

The requested zoning conforms to the Official Plan policies for lands designated Restricted Service Commercial. The proposed automobile sales and service establishment with an automobile body shop use is compatible with the surrounding uses. Any redevelopment of this site is subject to site plan approval. The site can accommodate the proposed new development. Issues relating to parking, access, screening, buffering and siting of proposed new structures and open storage areas will be addressed during the site plan approval stage of development.

LOU POMPlLll MANAGER OF IMPLEMENTATION

March 23,2004

"Attach" LPAp

Z-6634.PCreport

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Agenda Item # Page #

2-6634 L.POMPILII

Responses to Public Liaison Letter and Publication in “Living in the City”

Telephone Written

Ron Swale - 2287 Dundas Street (/

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Agenda Item # Page #

2-6634 L.POMPILII

CITY OF LONDON ZONING BY-LAW BY-LAW NO. Z.-1- AMENDMENT

Schedule "A" to By-law No. Z.4 is amended by changing the zoning applicable to lands located at 2315 Dundas Street, as shown on the map below comprising part of Key Map No. 91, from a Restricted Service Commercial (RSClIRSC5) Zone to a Restricted Service Commercial (RSCl/RSC51RSCG) Zone.

AMENDMENT TO SCHEDULE "A"

' / / Zoning asof 2004/01/14

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