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

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1 TO: FROM: SUBJECT: CHAIR AND MEMBERS - PLANNING COMMITTEE R. W. PANZER GENERAL MANAGER OF PLANNING AND DEVELOPMENT APPLICATION BY: ONTARIO INC. 297 ADELAIDE STREET SOUTH PUBLIC PARTICIPATION MEETING ON MONDAY, JANUARY 4:30 PM RECOMMENDATION That, on the recommendation of the General Manager of Planning and Development, based on the application of Ontario Inc. relating to the property located at 297 Adelaide Street South: a) the request to amend Zoning By-law No. Z.-1 to change the zoning of the subject lands FROM a Restricted Service Commercial (RSCZIRSCJ) Zone which permits a range of moderate intensity commercial uses and trade service uses, which may require significant amounts of land for outdoor storage or building space TO a Restricted Service Commercial Special Provision (RSC2/RSC3/RSC4( )/RSC5) Zone to add Auction Establishments; Bake shops; Bakeries; Brewing on premises establishment: Building or contracting establishments; Building supply outlets; Commercial school; Convenience service establishments; Convenience stores; Day care centres; Dry cleaning and laundry plants; Florist shops: Garden Stores; Industrial mall; Manufacturing and assembly industries with related sales; Personal service establishments; Printing establishments: Service trades: Support offices; Truck sales and service establishment; Video rental establishments; Warehouse establishments; and, Wholesale establishments to the existing range of permitted uses BE REFUSED for the following reasons: the requested Zoning By-law amendment is not consistent with the Restricted Service Commercial Policies of the Official Plan; the requested Zoning By-law amendment facilitates the potential for undesirable strip form of retail development along Adelaide Street South; the requested Zoning By-law amendment may set precedence for future Zoning By-law amendment applications to permit the secondary range of permitted uses along this corridor; and, the requested range of uses has the potential to conflict with the planned function of the existing development at the intersection of Adelaide Street South and Commissioners Road East which accommodate the secondary range of permitted uses; b) the proposed by-law attached hereto as Appendix A BE INTRODUCED at the Municipal Council meeting on January 18, 2010 to amend Zoning By-law No. Z.-l, in conformity with the Official Plan, to change the zoning of the subject lands FROM a Restricted Service Commercial (RSC2IRSC3) Zone which permits a range of moderate intensity commercial uses and trade service uses, which may require significant amounts of land for outdoor storage or building space TO a Restricted Service Commercial Special Provision Zone (RSC2/RSC3/RSC5( )) Zone to expand the range of uses to add: Auction establishments; Bakeries; Brewing on premises establishment; Building or contracting establishments; Building supply outlets; Commercial school; Dry cleaning and laundry plants: Garden Stores; Industrial mall; Manufacturing and assembly industries with related sales; Personal service establishments; Printing establishments; Service trades; Support offices; Truck sales and service establishment; Warehouse establishments; and, Wholesale establishments to the existing range of permitted uses with a special provision requiring that the Personal service establishment use be restricted to a maximum floor area of 215 square metres (2,300 square feet) and be ancillary to a warehouse use. 1

2 II PREVIOUS REPORTS PERTINENT TO THIS MATTER II October ReDort to Plannina Committee (2-6509) & Adelaide Street South, Leathorne Street and 920 Commissioners Road East. This report examined the zoning of the lands in this area and introduced amendments to the Official Plan and the Zoning By-law to implement the preferred ranges of land uses. II PURPOSE AND EFFECT OF RECOMMENDED ACTION II The proposed amendment is to permit the warehousing and dry cleaning of formal wear and permit an accessory formal wear rental shop on this site. RATIONALE The rationale for the recommendation for refusal of the requested Zoning By-law amendment is as follows: 1. The requested Zoning By-law amendment is not consistent with the Restricted Service Commercial policies of the Official Plan; 2. The requested Zoning By-law amendment facilitates the potential for undesirable strip form of retail development along Adelaide Street South; 3. The requested Zoning By-law amendment may set precedence for future Zoning By-law amendment applications to permit the secondary range of permitted uses along this corridor; and, 4. The requested range of uses has the potential to conflict with the planned function of the existing development at the intersection of Adelaide Street South and Commissioners Road East which accommodate the secondary range of permitted uses. The rationale for the recommendation to adopt a Zoning By-law amendment to add the Restricted Service Commercial Special Provision (RSC5( )) zone variation is as follows: 1. The recommended Zoning By-law amendment is consistent with the policies of the Provincial Policy Statement; 2. The recommended Zoning By-law amendment is consistent with the Restricted Service Commercial policies of the Official Plan; 3. The recommended uses are compatible with the range of uses permitted on neighbouring properties; 4. The recommended Personal Service Establishment use is subiect to a maximum floor area and is associated with a warehouse use preventing the esfablishment of a stand-alone Personal Service Establishment use on this site; 5. The Zoning By-law amendment will expand the range of uses for the subject site in a manner that does not conflict with the existing development at the intersection of Adelaide Street South and Commissioners Road East which is zoned to permit a range of secondary permitted uses. 2

3 LOCATION MAP subject Site: 297 Adelaide St S Applicant: Ontario Inc -ile Number: 'lanner: Michael Tomazincic :reated By: Michael Tomazincic late: scale: 1:5000 I! Buildings Subject Site Parks Assessment Parcels Address Numbers '-1 LEGEND :orporation of the City of London 'repared By: Planning and Development

4 ~ ~ Agenda Item # Page # II BACKGROUND II Date Application Accepted: 28 October 2009 Agent: Steve Ross, (Patton, Cormier and Associates) Current Land Use - Home Furnishing Store (Sander's Pro) Frontage -Approximately metres (330.2 feet) Depth - Approximately metres (41 1.7feet) Area - Approximately 1.26 hectares (3.12 acres) Shape - Irregular SURROUNDING LAND USES: North - Electrical Supply Company South - Commercial Plaza East - Automobile Sales and Service & Metal Plating West - Canadian National Railway corridor OFFICIAL PLAN DESIGNATION: (refer to map on page 5) RESTRICTED SERVICE COMMERCIAL - Primary permitted uses include 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. Secondary uses which serve employees of the Restricted Service Commercial Area or adjacent industrial areas may also be permitted in appropriate locations. EXISTING ZONING: (refer to map on page 6) RESTRICTED SERVICE COMMERICAL (RSC21RSC3) ZONE - This Zone provides for and regulates a range of moderate intensity commercial uses, and trade service uses, which may require significant amounts of land for outdoor storage or building space and a location on major streets. 4

5 Agenda Item Page +k r r LEGEND mwmw AREA REGIONAL SHOPPING AREA COMMUNITY SHOPPING AREA NEIGHBOURHOOO SHOPPING AREA OFFICE AREA OFFICEiRESIDENTIAL OFFICE BUSINESS PARK GENERAL INDUSTRIAL 0 DEFERRED AREAS --I AREAS UNDER APPEAL L - -I ASSOCIATED SHOPPING AREA COMMERCIAL BUSINESS DISTRICT ARTERIAL MIXED USE DISTRICT HIGHWAY SERVICE COMMERCIAL RESTRICTEDMIGHWAY SERVICE COMMERCIAL RESTRICTED SERVICE COMMERCIAL COMMERCIAL POLICY AREA MULm -FAMILY, HIGH DENSITY RESIDENTIAL MULTl -FAMILY, MEDIUM DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL LIGHT INDUSTRIAL REGIONAL FACILITY COMMUNITY FACILITY OPEN SPACE URBAN RESERVE - COMMUNITY GROW URBAN RESERVE - INDUSTRIAL GROW RURAL SElTLEMENT ENVIRONMENTAL REVIEW AGRICULTURE URBAN GROW BOUNDARY THIS IS AN EXCERPT FROM THE PLANNING DIVISION'S WORKING CONSOLIDATION OF SCHEDULE A TO THE CITY OF WNDON OFFICIAL PIAN. WITH ADDED NOTATIONS CITY OF LONDON DEPARTMENT OF PLANNING AND DEVELOPMENT FILE NO OFFICIAL PLAN SCHEDULE A - LAND USE December 11, Mo 10W tmo m i PREPARED By: Graphics B Information Ssrvicas I SCALE 1: AML LOCATION \\olfilcl\gmwork\danning\proiecub offidaldan\wor~ons~lw\~1o~~l~\~cha~k~xl4.~ml CK

6 Agenda Item Y pa e # -A I COUNCIL APPROVED ZONING FOR THE SUBJECT SITE: RSCZIRSC3 I I) LEGEND FORZONING BY-LAWZ-I OR - OFFICURESIDENTIAL OC -OFFICE CONVERSION RO - RESTRICTED OFFICE OF -OFFICE

7 PLANNING HISTORY In response to several requests for zone changes along this portion of the Adelaide Street South corridor, the City initiated a review of the Zoning By-law in 2004 for those lands which are designated Restricted Service Commercial in the Official Plan but were primarily zoned for light industrial uses in the Zoning By-law. The purpose and effect of the Zoning By-law review was to examine the appropriateness of the zoning applied to the lands in this vicinity and initiate a zone change that recognizes existing uses and implements the policies of the Official Plan. While the zoning review also examined lands on the west side of Adelaide Street South - including the subject site - the zoning review determined that those lands were zoned for an appropriate range of service commercial uses, exemplified by the range of uses that had existed on those lands and the built form constructed to accommodated them. As a result, Staff recommended that there be no changes to the zoning for the lands on the west side of Adelaide Street South at that time while recommending a series of zoning changes on the east side of Adelaide Street as well as Leathorne Street. II SIGNIFICANT DEPARTMENTIAGENCY COMMENTS II London Hydro No objection. Parks Planning and Desian No comment Upper Thames River Conservation Authority [UTRCA) Given that no new development is being proposed, the UTRCA has no objections to this rezoning application. Environmental and Ennineerinn Services Division (EESD) The City of London s Environmental and Engineering Services Department has no comments with respect to the aforementioned Zoning By-Law amendment application. Comments on engineering and transportation issues will be addressed in greater detail when \ if these lands come in as a consent application, plan of subdivision or for site plan approval. PUBLIC LIAISON: On November 19, 2009, Notice of Application was sent to 206 property owners in the surrounding area. Notice of Application was also published in the Living in the City section of the London Free Press on Saturday, November 7, On December 2, 2009, Revised Notice of Application was sent to 206 property owners in the surrounding area. Revised Notice of Application was published in the Living in the City section of the London Free Press on Saturday, December 05, On December 21, 2009, Notice of Public Meeting was sent to 206 property owners in the surrounding area. Notice of Public Meeting was published in the Living in the City section of the London Free Press on Saturday, December 26, response. 7

8 Nature of Liaison: Possible amendment to the Zoning By-law 2.-1 FROM a Restrictec Service Commercial (RSC2/RSC3) Zone which permits a range of moderate intensit) commercial uses and trade service uses, which may require significant amounts of land foi outdoor storage or building space TO a Restricted Service Commercial Special Provisior (RSC2/RSC3/RSC4( )/RSC5) Zone to add Auction Establishments; Bake shops; Bakeries Brewing on premises establishment; Building or contracting establishments; Building suppl) outlets; Commercial school; Convenience service establishments; Convenience stores; Day care centres; Dry cleaning and laundry plants; Florist shops; Garden Stores; Industrial mall Manufacturing and assembly industries with related sales; Personal service establishments Printing establishments; Service trades; Support offices; Truck sales and service establishment; Video rental establishments; Warehouse establishments; and, Wholesale establishments to the existing range of permitted uses. 1 Responses: One response in support of the application. 1 b Subiect Site ANALYSIS The subject site is located on the west side of Adelaide Street South, just north of Commissioners Road East. This portion of Adelaide Street South is classified as an Arterial Road on Schedule C - Transportation Corridors - to the City of London Official Plan with an approximate traffic volume of 20,000 vehicles per day. The subject site has an approximate frontage of 100 metres and an approximate lot area of 1.26 hectares. The subject site is designated Restricted Service Commercial in the Official Plan. The abutting land uses are zoned and designated to permit a range of Restricted Service Commercial uses. Policy of the Official Plan requires Restricted Service Commercial areas to "include lands of suitable depth, size and accessibility to accommodate the permitted uses" and to be located "in areas which are situated on arterial or primary collector roads adjacent to industrial areas". Given the size of the subject site, its location along an arterial road, and its proximity to light industrial uses, this site is well suited to accommodate a wide range of primary Restricted Service Commercial uses. To the south of the subject lands, at the intersection of Adelaide Street South and Commissioners Road East, are lands that are zoned to permit a wider range of uses which are intended to serve the employees of the Restricted Service Commercial area and adjacent industrial areas. This wider range of uses is referred to in the Official Plan as secondary permitted uses. Nature of the Application The intent of this application is to permit the warehousing and dry cleaning of formal wear and permit an accessory formal wear rental shop on this site as well as to permit an expansion to the range of uses within the Restricted Service Commercial zone.

9 LlLl The subject site is underutilized given that the existing building is partially vacant and it is intended that the proposed use will locate in the vacant portion of the building. There is no new development proposed for this site as a result of this application. Provincial Policv Statement The Provincial Policy Statement, 2005 (PPS) provides policy direction on matters of provincial interest related to land use planning and development. It is intended to be read in its entirety and the relevant policies are to be applied to each situation. As it relates to this application, the PPS provides some direction to this matter. Policy of the PPS requires that healthy, liveable and safe communities be sustained by such methods as, "promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term", "accommodating an appropriate range and mix of residential, employment, recreational and open space uses to meet the long-term needs", "avoiding development and land use patterns which may cause environmental or public health and safety concerns" and, "promoting cost-effective development standards to minimize land consumption and servicing costs". The subject site is occupied by a large industrial building which is partially vacant. The applicant wishes to utilize the vacant portion of the building to accommodate a mix of activities required to operate their formal wear business. The utilization of a partially vacant building to accommodate all of these activities is consistent with the policies of the PPS which require that efficient development and land use patterns be promoted and as well as the policy which requires that cost-effective development standards to minimize land consumption and servicing costs be promoted. The proposed activities for the subject site include the ability to warehouse and dry clean the formal rental wear as well as to allow a Personal Service Establishment use, in association with the warehouse component, where the formal wear can be rented to the public. Allowing all of these activities to be consolidated on this site is consistent with PPS policies that require the accommodation of an appropriate mix and range of employment uses. The subject site, and the uses in the immediate area, are zoned and designated for a mix of moderately intense commercial and light industrial uses. An expansion to the range of uses for this site to include more intensive commercial uses is not incompatible with the range and types of uses that currently exist in this area and does not create a situation which increases the potential for environmental or public health and safety concerns above that which may currently exist in the area. Policy 1.I.3.4 of the PPS requires planning authorities to identify and promote development standards which facilitate intensification, redevelopment and compact form, while maintaining appropriate levels of public health and safety. As previously mentioned, the recommended amendment proposes to expand the range of uses of the subject site to allow the applicant to consolidate their activities within a vacant portion of an existing building. This action is consistent with the policies of the PPS which promotes development standards that facilitate intensification. Policy of the PPS requires planning authorities to promote economic development and competitiveness by such means as, "providing for an appropriate mix and range of employment to meet long-term needs" and "providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses". The proposed use will accommodate a wide range of activities associated with a formal rental wear operation within an existing building that is capable of accommodating these activities. There are few sites in this immediate area that are currently zoned to permit this wide range of activities and have an existing building that is suitable to accommodate these uses. 9

10 Official Plan Policies The subject site is designated Restricted Service Commercial on Schedule A - Land Use - of the Official Plan. The intent of Restricted Service Commercial designation is to promote the clustering of service commercial uses and to avoid a mixing of uses that will contribute to the extension of strip commercial development. The Restricted Service Commercial policies identify the types of uses that are appropriate as primary permitted uses for lands within this designation and also identify a limited range of secondary permitted uses which are intended to serve employees of the Restricted Service Commercial Area or adjacent industrial areas. The primary uses in this designation are intended to be developed for commercial uses that cater to an auto-oriented trade and have limited opportunity to locate within Shopping Areas or Commercial Districts. These uses include: automotive uses; building supply outlets; furniture and home furnishings stores; warehouse and wholesale outlets: 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. Many of these uses are included in the RSCS zone variation, as requested by the applicant, and Planning Staff are supportive of an amendment which expands the range of primary permitted uses on the subject site. While providing for a limited amount of retail development, the secondary permitted uses of the Restricted Service Commercial designation are not intended to include retail activities that are more appropriate for the Downtown, Shopping Area or Associated Shopping Area Commercial designations. The secondary permitted uses in this designation include: eat-in restaurants; financial institutions; personal services; convenience commercial uses; a limited amount and range of retail uses; day care centres; medical and dental offices and clinics; and offices associated with wholesale warehouse or construction and trade outlets, and similar support offices may also be permitted in appropriate locations. The RSC4 zone variation requested by the applicant is largely comprised of uses deemed to be secondary permitted uses. However, the lands at the intersection of Adelaide Street South and Commissioners Road East, immediately to the south of the subject site, are currently zoned RSC4 which permits this range of secondary permitted uses and have been developed in a quasi-retail form to facilitate this expanded range of uses. The concern is that should this range of secondary uses also be permitted on the subject site, the planned function of the existing quasi-retail development may be altered and create the potential for the formation of a strip form of retail development along the Adelaide Street South corridor. As a result, Planning Staff recommend that the requested amendment to expand the range of zoning to include the RSC4 zone variation be refused. Policy of the Official Plan lists the criteria that will be used to evaluate proposals to amendment the Zoning By-law to add permitted uses within a Service Commercial area. These include: Criteria i) Compliance with the appropriate policies on form, function, permitted use, location, and scale of development. Servicing ii) The availability of municipal services to accommodate the proposed use. Alternative iii) The availability of alternative undeveloped Service Commercial Lands lands within the general vicinity that may be appropriate for the proposed use. Planning Impact iv) Planning Impact Analysis according to the provisions of Section 4.8 Analysis The requested RSC5 zone variation is largely comprised of the primary permitted uses intended for this designation. The subject site exceeds the regulations of the Zoning By-law for lot frontage and lot area and is well suited to accommodate this expanded range of uses. The 10

11 Agenda item # Page # existing building is a purpose-built industrial building which is also appropriate to accommodate the expanded range of uses. The recommended Personal Service Establishment use will be associated with a warehouse use thereby preventing the establishment of a stand-alone Personal Service Establishment which is more appropriate as a secondary permitted use. The policies of the Official Plan are intended to differentiate between the planned function of Restricted Service Commercial uses, which are intended to cater to vehicular traffic and single purpose shopping trips, and Shopping Areas which are intended to be developed for retail and service uses. Planning Staff are not supportive of a zone variation which expands the range of secondary permitted uses on this site creating the potential for strip commercial development along this corridor which does not serve the employees of the surrounding employment area. Servicing The subject site is fully service by municipal storm, sanitary and water services Alternative Lands There are no other undeveloped Service Commercial lands in the general vicinity that are appropriate to accommodate the requested range of uses proposed for the subject site. The Service Commercial lands in the immediate area have been previously developed, and continue to be utilized, for a wide range of uses. The fact that the proposed use will occupy a portion of an underutilized building provides good rationale to support an expanded range of uses on the subject site rather than seek out alternative lands. Planning ImDact Analysis A Planning Impact Analysis is used to evaluate applications for zone changes, to determine the appropriateness of a proposed change in land use, and to identify ways of reducing any adverse impacts on surrounding land uses. The Planning Impact criteria include: 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 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 supply of vacant land or vacant buildings in the area which are designated andlor zoned for the proposed uses; and 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. Compatibility The abutting uses to the north, east and south of the subject site are zoned and designated for a similar range of primary permitted uses. The lands immediately to the west subject site are used as a railway corridor. As a result, the requested use and recommended zoning amendment are not anticipated to have an impact on these properties. Further west of the subject site are lands which are zoned and designated Multi-Family, High Density Residential. However, the lands to the south of the subject site have relatively the same proximity to the Multi-Family, High Density Residential lands as the subject site and are currently zoned to permit a larger range of uses than those requested by the applicant. Therefore, the recommended amendment does not represent an expansion to the range of uses which may have the potential for land use impacts beyond that which are currently permitted in the area. In any case, the closest residential building is located a minimum of 160 metres (525 feet) away from the existing building on the subject site providing a sufficient buffer. However, there is a concern that if the requested secondary uses are approved by Council the subject site may have the potential to operate as a retail plaza which will create strip retail development along the Adelaide Street South corridor and may undermine intent of the Official Plan to avoid strip retail development as well as the planned function of the existing secondary 11

12 uses at the intersection of Adelaide Street South and Commissioners Road East. Furthermore, if the range of secondary uses are approved by Council, it may set precedence in the area enticing neighbouring Restricted Service Commercial properties to seek the same range of uses further undermining the planned function of the area. Ability of the Site to Accommodate the lntensitv of the ProDosed Uses In addition to the reference plan submitted with the request for a Zoning By-law amendment, the applicant also submitted a conceptual floor plan for the proposed use which illustrates how the proposed formal wear use will be accommodated within the existing building. The conceptual floor plan demonstrates that the existing building is adequate to accommodate all the activities required for the proposed use. In the event that the applicant requires an expansion to the operations, there is an opportunity to expand the building on the subject site in compliance with the regulations of the Zoning By-law. Generally, the existing building has an approximate floor area of 2,650 square metres and occupies approximately 21% of the lot. The Zoning By-law allows for a maximum floor area of 6,000 square metres and a lot coverage of 30%. The existing building is a purpose built industrial building is therefore appropriate to accommodate a modest range of service commercial activities permitted within the RSC5 zone variation recommended by Staff. However, given the size of the proposed building, the potential for expansion, and the fact that it is a purpose-built industrial building, it is not appropriate to expand the range of uses to include the secondary range of permitted uses which are more retail in nature. Should this secondary range of uses be permitted, the subject site has the potential to accommodate large scale secondary uses which are more appropriately located in shopping centres. Given these concerns, it is recommended that the requested RSC4 zone variation be refused by 12

13 . Agenda Item # Page # Supolv of Vacant Land which is Zoned for the Proposed Uses As oreviouslv stated. there are no other undevelooed "Service Commercial" lands in the Qeneral vicinity that 'are appropriate to accommodate the requested range of uses proposed?or the subject. The subject site is an underutilized site and is therefore a suitable site to permit the proposed use as well as a modest expansion to the range of permitted uses. Potential Traffic Generated bv the Proposed Chanue The subiect site has direct access to Adelaide Street South. There are 2 Doints of ingress and egress each with full lefl-in/lefl-out access. While the applicant is seeking to consdidate the activities necessary to operate a formal wear rental business such as dry cleaning, warehousing, and public showroom, it is likely that any potential traffic issues will emanate from just the public showroom component. However, it should be noted that the proponent currently operates an existing retail outlet from the site directly to the south of the subject site without any considerable impacts on traffic along Adelaide Street South. It is not expected that the proposed use will generate a significant impact on traffic as a result of their relocation to the subject site. Zoning Bv-law Section General Purpose of the RSC Zone - describes the rationale behind the RSC zone variations. This section states that the RSC Zone "provides for and regulates a range of moderate intensity commercial uses, and trade service uses, which may require significant amounts of land for outdoor storage or building space and a location on major streets. The wide range of uses which are provided for in the Official Plan have been differentiated on the basis of function, intensity and potential impacts." While the RSC zone variations pennit a wide range of uses it is noteworthy that several secondary permitted uses were specifically deleted as permitted uses from all of the RSC zone variations approximately 13 years ago. It was intended that these secondary permitted uses be located in Shopping Areas and the Downtown and that the RSC zone variations would accommodate uses that are generally unable to locate in retail areas. Therefore, Staff are supportive of a Zoning By-law amendment to permit the RSC5 zone variation to expand the range of primary permitted uses which will not undermine the planned function of the area. This recommended action is also consistent with the October 2004 Staff report (2-6509) which evaluated the appropriateness of the zoning applied to lands in the area and reaffirmed that these lands be zoned to permit a wide range of primary permitted uses. Consequently, Staff also recommend that the request to add a range of secondary permitted uses, which are more appropriately located in shopping areas, be refused. A Zoning By-law amendment to permit the requested range of secondary uses on the subject site may undermine the planned function of the quasi-retail uses at the intersection of Adelaide Street South and Commissioners Road East and create strip retail development along the Adelaide Street corridor. Urban Design Considerations The City has the ability to require various site improvements though the use of Site Plan control which the City may exercise for all types of development or redevelopment projects. However, the Official Plan defines development or redevelopment as, "the construction, erection, or placing of one or more buildings or structures on land, or the making of an addition or alteration to a building or structure that has the effect of substantially increasing its size or usability...". At the present time the applicant is requesting a Zoning By-law amendment to accommodate the activities associated with a formal rental wear operation within the existing building and to allow an expansion to the range of permitted uses which are similar to the range of uses that currently exist. As such, it is difficult to interpret this zoning change as a substantial increase in the usability of the building and the change required to permit the expanded range of uses will be accommodated within the existing building. 13

14 II CONCLUSION II The applicant is requesting an amendment to the Zoning By-law to accommodate the warehousing and dry cleaning of formal wear and permit an accessory rental shop on this site in addition to expanding the range of uses within the Restricted Service Commercial zoning. The Restricted Service Commercial zone allows for a range of uses which are categorized as primary permitted uses and secondary permitted uses. While Planning Staff are supportive of a Zoning By-law amendment to permit a modest expansion to the primary permitted uses, including an amendment which facilitates the requested formal rental wear operation, an expansion to the range of secondary permitted uses does not meet the intent of the Official Plan. The requested range of secondary permitted uses has the potential to create undesirable strip form of retail development along Adelaide Street South and may set precedence for future Zoning By-law amendment applications to permit the secondary range of permitted uses along this corridor. Furthermore, it has the potential to conflict with the planned function of the existing quasi-retail development at the intersection of Adelaide Street South and Commissioners Road East, which already provides abundant opportunities for a broad range of secondary uses. PREPARED BY: I SUBMITTED BY: I MICHAEL TOMAZINCIC, MCIP, RPP PLANNER II - LAND USE PLANNING, IMPLMENTATION RECOMMENDED BY:,. &f JOHN FLEMING, MCIP, R /'MANAGER -LAND USE PLANNING, IMPLEMENTATION R. W. PANZER, MCIP, RPP GENERAL MANAGER OF PLANNING AND DEVELOPMENT December 21,2009 MTimt Y:/shared/lMPLEMENT/DEVELOPMENT APPS/2009 Applications 7630 tof Adelaide St S PC Report 14

15 Responses to Public Liaison Letter and Publication in Living in the City Telephone Written Arthur Stenning Commissioners Rd E 15

16 Appendix "A" M. Tomarincic Bill NO. (number to be inserted by Clerk's office) By-law No. Z A by-law to amend By-law No. Z.-1 to rezone an area of land located at 297 Adelaide Street South. WHEREAS Ontario Inc. has applied to rezone an area of land located at 297 Adelaide Street South, as shown on the map attached to this by-law, as set out below; AND WHEREAS this rezoning conforms to the Official Plan; THEREFORE the Municipal Council of The Corporation of the City of London enacts as follows: Schedule "A" to By-law No. Z.-1 is amended by changing the zoning applicable to lands located at 297 Adelaide Street South, as shown on the attached map comprising part of Key Map No. 116, from a Restricted Service Commercial (RSC2lRSC3) Zone to a Restricted Service Commercial Special Provision (RSC2/RSC3/RSC5( )) Zone. 1. Section Number 28 of the Restricted Service Commercial (RSC5) Zone to By-law No. 2.-I is amended by adding the following Special Provision: RSC5( ) a) Additional Permitted Uses i) Personal Service Establishment ancillary to a warehouse establishment b) Regulations i) Total Gross Floor Area for Personal Service Establishment (Maximum) 215 square metres (2,300 square feet) The inclusion in this By-law of imperial measure along with metric measure is for the purpose of convenience only and the metric measure governs in case of any discrepancy between the two measures. This By-law shall come into force and be deemed to come into force in accordance with Section 34 of the Planning Act, R.S.O. 7990, c. P.13, either upon the date of the passage of this by-law or as otherwise provided by the said Section. PASSED in Open Council on January 18,

17 Anne Marie DeCicco-Best Mayor Catharine Saunders City Clerk First Reading - January 18, 2010 Second Reading -January 18,2010 Third Reading - January 18,

18 AMENDMENT TO SCHEDULE "A" (BY-LAW NO. 2.-1)

19 Bibliography of Information and Material Reauest for ARRrOVal City of London Zoning By-law Application Form, completed by Steve Ross (Agent for the Applicant). Conceptual Floor Plan. Patton Cormier & Associates Summary Cover Letter completed by Steve Ross (Agent for the Applicant). City of London. Record of PreApplication Consultation (submitted by Steve Ross) Reference Documents Ontario. Ministry of Municipal Affairs and Housing. - Planning. Act, R.S.O. 1990, CHAPTER P. 13, as amended Ontario. Ministry of Municipal Affairs and Housing. Provincial Policy Statement, March 1, 2005 City of London. Official Plan, June 19, 1989, as amended City of London. Zoning By-law No. Z.-1, May 21, 1991, as amended Previous ReportslResoIutions Pertinent to this Matter Application by: City of London. Zoning Review of Lands along Adelaide Street South and Leathorne Street. Public Participation Meeting on October 25, Correspondence: (located in Citv of London File No unless otherwise stated) City of London Tomazincic, Michael. City of London Planning Division. to S. Ross. 25 November 2009 Tomazincic, Michael. City of London Planning Division. to S. Ross. 04 December 2009 Dunkerly, Laura. City of London Building Division. to. 10 December 2009 Patton Cormier & Associates Ross, Steve. Patton Conier &Associates. to A. Riley. 13 October 2009 Ross, Steve. Patton Cormier &Associates. to. 25 November 2009 Aaencv Review and Public Responses: (located in Citv of London File No unless otherwise stated) London Hydro Macpherson J.R., London Hydro. Reply Sheet for City of London Applications. 24 November 2009 Upper Thames River Conservation Authority (UTRCA) Creighton C., Land Use Planner. Letter to. 14 December 2009 Environmental and Engineering Services (EESD) Burgess L., Division Manager. Memo to. 16 December 2009 Public Responses Telephone Arthur Stenning, Commissioners Road East 19