Agenda Item # Page # CHAIR AND MEMBERS - PLANNING COMMITTEE R. W. PANZER GENERAL MANAGER OF PLANNING AND DEVELOPMENT

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1 ~~~~~ ~ ~~ Agenda Item # Page # TO: FROM: SUBJECT: CHAIR AND MEMBERS - PLANNING COMMITTEE R. W. PANZER GENERAL MANAGER OF PLANNING AND DEVELOPMENT APPLICATION BY ONTARIO INC. (M. DZIADURA) A PORTION OF 120 WESTON ROAD PUBLIC PARTICIPATION MEETING ON MONDAY, JANUARY 5% PM RECOMMENDATION That, on the recommendation of the General Manager of Planning and Development, the following actions be taken with respect to the application of Ontario Inc. (M. Dziadura) relating to a portion of the property located at 120 Weston Street: (a) a by-law BE INTRODUCED at a future Municipal Council meeting to amend Zoning By-law No. Z.-1 in accordance with the attached enacting clause (in conformity with the Official Plan), to extend and amend the Temporary (T-18) Zone to include an outdoor food service area for a period of no more than three (3) years; and P (b) that Municipal Council WITHHOLD the 3" reading of the by-law until such time that the applicant amend the existing site plan to include the proposed patio and breezeway to the satisfaction of the General Manager of Planning and Development. PREVIOUS REPORTS PERTINENT TO THIS MAlTER Pervious files related to the site include TZ-6406, , and I. The temporary use conforms to the compatibility and servicing policies of the Official Pian for temporary uses. 2. A neighbourhood commercial recreation establishment is appropriate for this location based on the limited lot and building area required for the use and its minimal interface with existing residential development. 3. As proposed by the applicant, an outdoor patio and food services in conjunction with the existing use will have limited impact on neighbouring properties. BACKGROUND I 1

2 metres 250 I 500 I 750 I LOCATION MAP LEGEND Subject Site: 120 weston Street Planner: BP Subject Site Applicant: Ontario Inc Created By: BP Water Roll Number: Date: 10/19/2004 File Number: CORPORATION OF THE CITY OF LONDON Prepared By: Planning & Development Department Scale: 1: 5000 Rail Park Buildings Addresses

3 Agenda Item # Page # Date Application Accepted: Agent: Earl Misener c/o Spike's Indoor September 29,2004 Beach Volleyball REQUESTED ACTION: Change Zoning By-law Z.-1 to amend and extend the existing Temporary Use T-18 Zone to include an outdoor food service area for a period of no more than three (3) years. The purpose and effect of this zoning change would allow the construction of a 60 sq. metre (650 sq. ft) patio on the east side of the building. As part of the amendment, the existing definition of neighbourhood commercial recreational establishment, as applied to this site, would be modified to allow for an outdoor food service area (ie. patio). 1) SITE CHARACTERISTICS: II. Current Land Use - Spike's Indoor Beach Volleyball = Frontage metres Depth metres. Area hectares Shape - irregular SURROUNDING LAND USES: * North - Thames Valley, south branch of the Thames River; vacant industrial lands South - Single detached dwellings = East - Railway right of way and vacant industrial lands West - Single detached dwellings OFFICIAL PLAN DESIGNATION: (refer to map on page 5) The site is designated Low Density Residential along the frontage of Weston and Trevithen Streets; it is designated primarily Multi-Family High Density Residential north of Weston Street; lands below the top of bank adjacent to the valley are designated open space and; Weston Street is designated a secondary collector street. EXISTING ZONING: (refer to map on page 6) The site is zoned holding Residential R2 (h.h-8.r2-2) and holding Residential R9 (h. h-5.h-8.r9-7(4).h40) Zone which permits single detached, two unit dwellings and high rise apartment buildings. The site has a Temporary (T-18) Zone to permit a Neig hbourhood Commercial Recreation Establishment until March 17, The holding provisions relate to (1) the entering of a development agreement (h), (2) removal of industrial uses (h-8) and (3) public site plan meeting (h-5) for the high rise residential uses apply to existing zoning. The lands were formerly owned by Ex-Cell-0 Manufacturing Corporation. They were subsequently sold to a land developer and converted to an industrial mall with various tenants in On September 18, 1989 the applicant referred Council's approval of the 1989 Official Plan amendment to the Ontario Municipal Board requesting the entire site be designated Multi- 3

4 COUNCIL APPROVED ZONING FOR THE SUBJECT SITE: h*h-8*r2-2, h*h=5*h=8*r9=7(4)*h40, h* h-5* h-8/r9-7(4)*h4o/t-l8, h* h-8*r2-2 OR - OFFICURESIDENTIAL 11 LEGEND FOR ZONING BY-LAW Z-7 OC - OFFICE CONVERSION RI - SINGLE DETACHED DWELLINGS R2 - SINGLE AND TWO UNIT DWELLINGS R3 - SINGLE TO FOUR UNIT DWELLINGS R4 - STREET TOWNHOUSE R5 CLUSTER TOWNHOUSE R6 - CLUSTER HOUSING ALL FORMS R7 SENIOR'S HOUSING R8 MEDIUM DENSITY/LOW RISE APTS. R9 - MEDIUM TO HIGH DENSITY APTS. R10 - HIGH DENSITY APARTMENTS R1 I - LODGING HOUSE 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 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 -URBANRESERVE "h" - HOLDING SYMBOL "D" - DENSITY SYMBOL "H" - HEIGHT SYMBOL "B" - BONUS SYMBOL "T" - TEMPORARY USE SYMBOL FOR TOWNSHIP ZONES PLEASE SEE THE RELEVANT ZONING BY-LAW FOR A DESCRIPTION OF REGULATIONS FILE NO: CITY OF LONDON I DEPARTMENT OF PLANNING AND DEVELOPMENT ZONING BY-LAW NO. 2.4 SCHEDULE A MAP PREPARED: Meters THIS MAP IS AN UNOFFICIAL EXTRACT FROM THE ZONING BY-LAW WITH ADDED NOTATIONS 1 1 BP

5 LEGEND DOWNTOWN AREA REGIONAL SHOPPING AREA COMMUNITY SHOPPING AREA NEIGHBOURHOOD SHOPPING AREA ASSOCIATED SHOPPING AREA COMMERCIAL BUSINESS DISTRICT ARERIAL MIXED USE DISTRICT HIGHWAY SERVICE COMMERCIAL RESTRI Cl D/HIQ H WAY SERVICE CO MMERCl AL nd RESTRICTED SERVICE COMMERCIAL COMMERCIAL POLICY AREA MULTI - FAMILY, HIGH DENSITY RESIDENTIAL MULTI - FAMILY, MEDIUM DENSITY RESIDENTIAL 1 1- LOW DENSITY RESIDENTIAL OFFICE AREA 0 FFI CE/RESI D ENTl A t OFFICE BUSINESS PARK GENERAL INDUSTRIAL LIGHT INDUSTRIAL L E ] REGIONAL FACILITY vi COMMUNITY FACILITY OPEN SPACE DEFERRED AREAS --mi AREAS L I.I UNDER APPEAL URBAN RESERVE - COMMUNITY GROWTH URBAN RESERVE - INDUSTRIAL GROWTH RURAL SETTLEMENT ENVIRONMENTAL REVIEW AGRICULTURE 4 URBAN GROWTH BOUNDARY THIS IS AN EXCERPT FROM THE PLANNINO DIVISION'S WORKINQ CONSOUDATION OF SCHEDULE A TO THE CITY OF LONDON OFFICIAL PLAN. WITH ADDED NOTATIONS CITY OF LONDON DEPARTMENT OF PLANNING AND DEVELOPMENT OFFICIAL PLAN SCHEDULE A - LAND USE I FILE NO. MAP PREPARED: October 21, lo00 PREPARED Bv: araphlc8 & Informatlon Servlcer I SCALE 1:30,000 AML LOCATION: \\clfilsl\ql~work\plann!ng\pr6j8otr\p~off loialplan\workoonroloo\exsrpts\amir\sohrbl k8xl4.aml BP CK

6 Agenda Item # Page # Family High Density Residential. The applicant appealed Council's Comprehensive Zoning Bylaw on July 12, I991, requesting the highest density residential uses. On July 6, 1992, City Council approved an Official Plan and Zoning By-law amendment to permit a strip of single and two unit 'dwellings along Weston and Trevithen Streets (approx. 0.9 hectares/ 2.3 acres); a block of low rise medium density apartments (approx. 0.9 ha./ 2.3 acres) north of the single/ two unit dwellings and; a block of high rise high density apartments (approx:2.0 ha/ 5 acres) on the northern portion of the lot (OZ-4178). In September 1997, the Ontario Municipal Board approved Official Plan and Zoning By-law Amendment for Multi-Family High Density Residential use on the majority of the site; a low density residential strip along Weston and Trevithen Streets and Open Space for lands below the top of bank. The site continues to be used as an industrial mall for a range of small scale industrial tenants. On December 2, 1996, City Council passed a zoning by-law amendment (2-5272) to permit a Neighbourhood Commercial Recreation Establishment (Spikes Beach Volleyball) including indoor recreation, assembly and sport uses in a portion of the building at 120 Weston Street. The food service area is limited to 150 m2 (1,515 sq. ft.) to recognize the neighbourhood scale of the ancillary food service. The zoning was approved on a temporary basis of three years ending December 2, On November 15, 1999, City Council passed a zoning by-law amendment (2-5805) to extend Zoning By-law N0.Z-I Temporary (T-I 8) Zone for an additional three years. The food service area was increased from 150 m* (1,515 sq. ft.) to 300 m2 (I,615 sq. ft.). The zoning was approved on a temporary basis for three years ending December 2, On March 17, 2003 Council approved an extension to the temporary use zone and modified the zone boundaries match the portion of the site utilized by the commercial recreational use. There were no significant public comments during the review. SIGNIFICANT DEPARTMENTIAGENCY COMMENTS PUBLIC LIAISON: On October 19, 2004, Notice of Application letters were sent to property owners within 120 metres of the subject site. On October 30,2004 a Notice was placed in the London Free Press. 3 replies received Nature of Liaison: Change Zoning By,law Z.4 to amend and extend the existing Temporary Use T-18 Zone to include an outdoor food service area for a period of no more than three (3) years. The purpose and effect of this zoning change would allow the construction of a 60 sq. metre (650 sq. ft) patio on the east side of the building. As part of the amendment, the existing definition of neighbourhood commercial recreational establishment, as applied to this site, would be modified to allow for an outdoor food service area (ie. patio). Responses: The three responses received related to specifically to the operation/function of the facility and the traffic flow along Weston Road. Specifically, the neighbours raised issues regarding hours of operation, noise, music, need for such a patio and function of the patio (ie. they did not want this to turn into a local bar). With regard to the traffic issues, all three respondents expressed concern regarding the high volume and speed of traffic along Weston Road and Fairview Avenue. 6

7 Agenda Item # Page #. B.Page What is the nature of the application? The purpose of this application is to extend the existing temporary use zone which permits a neighbourhood commercial recreation establishment for a further 3 year period and to amend the definition of the neighbourhood commercial recreational establishment to allow for an outdoor food service area in conjunction with a main permitted use. Spikes Indoor Beach Volleyball was originally approved in 1996 to permit a commercial recreational use in an existing vacant warehouse. Since that time the operation has continued and includes 3 indoor beach courts, a licensed food area, and a rock climbing wall. Through this application, the applicant is seeking permission to construct a 5.5 metre by 10.6 metre partially covered patio on the east side of the building immediately north of the existing entrance. The proposed patio will be accessed through the existing doonnray and a new 5.5 metre by 1.5 metre breezeway will be constructed on the south side of the patio. Other locations for the patio have been considered, however, given the design and layout of the existing building these locations would not function appropriately. * The site is located at the east end of Weston Street in a formerly vacant warehouse. The commercial recreation use, indoor volleyball and rock clim bing occupies approximately 1.2 hectares (3.0 acres) of land at the easterly end of the lot, adjacent to the railway. The outdoor space provides the necessary parking, access and entrance to the recreation use. The long term intent of the Pian is to remove the industrial uses and redevelop the lands for a mix of apartments and low density residential purposes. The owner has previously entered into and registered the necessary site plan agreement, and provided the parking and improvements as required by the City of London. There are no 7 <

8 Agenda Item # Page # outstanding site plan issues. Approval of this application would require modification to the site plan. What are the policies applicable to commercial recreation uses in the Plan? The site has been previously evaluated for its compatibility with the policies of the Official Plan. Through that evaluation the use was deemed to be compatible with the surrounding uses, and met the intent of the policies. The current use and its appropriateness in this location has not changed. The Official Plan provides for temporary zoning in Section of the Plan. The primary objective is that the general intent and purpose of the Plan be maintained for a temporary period not exceeding three years. The requested amendment conforms to the Plan as follows: Commercial recreation uses are a permitted secondary land use in this Multi-Family High Density Residential designation;. The location of the proposed zoned area is compatible because it is for a limited lot/building area and separated by a street and railway from existing and future residential uses;. There is no requirement for temporary buildings or service connections because the applicant has indicated the existing buildings, services and parking areas will be sufficient for the temporary commercial recreation establishment;. The potential traffic impact is limited when compared to the potential impact from the full apartment development;. The hours of operation, are not intended to change as a result of this application and should not change the existing traffic pattern associated with the use. Should the outdoor patio use be permitted? The original application and analysis completed in 1996 required the commercial recreational use to be located inside the building to mitigate any impacts the use may have on the abutting neighbourhood. At that time, concerns were expressed that the use may function more as a local bar than the intended commercial recreational use. However, since its inception, the use has demonstrated, through lack of neighbourhood complaints, that it can operate with little impact on the neighbourhood and that the food services component has functioned as an ancillary use to the main recreational use. Section 4.18 regulates the location and operation of outdoor patios in association with restaurant uses or in this situation food services area, 2) LOCATION a) No outdoor patio shall be permitted where any lot line adjoins lands which are in a residential zone class which is not in combination with another zone, or is separate there from by a lane. The site is bounded by an established residential area zoned R2-2 to the south and a draft approved subdivision (39T-02511) zoned RI-I3(5) to the east. The current application is seeking to expand the use beyond the building into the parking area on the east side of the building. The proposed patio is to be partially covered and utilize the existing entrance as a point of access. The applicant has proposed a 1.5 metre by 5.5 metre breezeway to be located at the south end of the proposed patio. 8

9 Agenda Item ## Page # Given the orientation of the building (see page 2), coupled with the proposed breezeway there should be very little impact of the proposed patio on the neighbourhood to the south. The draft approved lands to the east are separated from the site by an active 30 metre wide CNR corridor. A condition for noise mitigation from this use is a condition included within the Draft Plan Approval. This requirement would limit the impact of the patio use on these future residential lands. A condition to withhold 3rd reading of the by-law has been included within the above recommendation to ensure the inclusion of the breezeway on the revised site plan. Once the site plan has been revised to the satisfaction of the General Manager of Planning and Development, 3rd reading of the by-law can be granted. The proposed breezeway affords this site a unique character which will buffer and protect the neighbouring residents to the south from the noise of the proposed patio. Have there been any complaints from the neighbourhood with respect to the temporary use or the expansion of the food service area? There have been no complaints 'from the surrounding residential uses with respect to the temporary land use. Discussions with the applicant indicate he has made efforts to discuss any problems with the nei,ghbouring residents. Concerns have been expressed at the speed and volurrl'e of traffic on Weston Road, however there is no indication that this traffic relates to the commercial recreational use. On October 19, 2004 notice was sent to 88 neighbours requesting their comments on the application; 3 provided either written or verbal responses. The main issues raised include:. Traffic flow and speed along Weston Street, residential area with children; Function and need of thesproposed patio, should it be located inside; = Noise generated from the patio given it is located within a residential area; and Sufficient parking on site. Should Council consider making a neighbourhood commercial recreation establish a permaneht use at this location? The T-18 Zone allows a portion of the existing building to be used for a neighbourhood commercial recreation use. Spikes Beach Volleyball has operated at this location since December 2, The subject application represents the third extension of the T-18 Zone for a three period. There have been no complaints from the surrounding residential uses with respect to this use or with the accessory food service area. The site is presently designated and zoned for residential redevelopment in various forms (Low Density Residential and High Density Residential). The City's Zoning By-law also recognizes existing industrial uses as uses which are deemed to comply with the Zoning By-law. In this regard the existing buildings and site can be used for industrial uses. The beach volleyball use has not created any problem with regards to,increased traffic, parking, noise and deterioration of the site, as originally feared by neighbourhood residents. In fact, in many respects the beach volleyball use is more compatible with the surrounding neighbourhood then the industrial uses which are permitted as of right. Planning staff have suggested to the applicant that an application to allow the commercial recreation use on a permanent basis be considered prior to the expiration of the recommended three year extension, however the owner of the property does not wish to consider permanent zoning. 9

10 ~~~~ ~ Agenda Item # Page # 1 CONCLUSION The extension of the temporary neighbourhood commercial recreation establishment conforms to the intent of the Plan, being located at the easterly end of the property with the least potential for impact on surrounding residential uses. A temporary use in existing buildings and using existing services will allow the future redevelopment of the lands with new residential buildings. The accessory food service area is appropriate as it will remain accessory to the main use and proposed patio location and mitigating design features will direct the noise away from the abutting residential areas. PREPARED BY: I SUBMITTED BY: BRUCE PAGE PLANNER-IMPLEMENTATION RECOMMEWED B YA GREGG BARRETT MANAGER OF IMPLEMENTATION AND DEVELOPMENT December 16,2004 BPIbp Y:\shared\development apps\679ltz\report - tz-6791.doc IO

11 Agenda Item # Page # TZm6791 Responses to Public Liaison Letter and Publication in Living in the City TeleDhone Written Lou Lint 39 Fairview Ave Sandra Gleason 46 Trevithen Jayne Wyes - 71 Weston Rd I1

12 Agenda Item # Page # ENACTING CLAUSE BY-LAW NO. Z.-I CITY OF LONDON ZONING BY-LAW BY-LAW NO. 2.4 AMENDMENT T-I 8 A portion of land located at 120 Weston Street, north side, at Fairview Avenue, comprising part of Key Maps Nos. 103, may be used for a Neighbourhood Commercial Recreation Establishment, where the use is conducted inside the existing building with the exception of a maximum outdoor patio area of 60 sq. metre (650 sq. feet) and a 10 sq. metre (107.6 sq. feet) breezeway addition, for a temporary period not exceeding three (3) years beginning January 24, a) Definition: "NEIGHBOURHOOD COMMERCIAL RECREATION ESTABLISHMENT" means a building or part thereof, used for the purposes of an arena, auditorium, assembly hall, billiard or pool room, bingo hall, bowling alley, dance hall, gym or fitness centre, ice or roller rink, indoor racquet courts, indoor swimming pool, and all places of amusement, but does not include an amusement games establishment, cinema or other theatre, drive-in theatre or amusement park or with a food service area located outside the main building less than 60 square metres (650 square feet) of gross floor area or a food service area inside the main building less than greater than 300 square metres (3,229 square feet) of gross floor area. b) Parking Standard : Neighbourhood Commercial Recreation Establishment 1 per 20.0 square metres (215 square feet) 12