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1 kl bl Agenda Item # Page # TO: FROM: SUBJECT CHAIR AND MEMBERS -PLANNING COMMITTEE R. W. PANZER GENERAL MANAGER OF PLANNING AND DEVELOPMENT APPLICATION BY MARC0 AND SlLVlA TRAVAGLlNl 1060 OXFORD STREET EAST I PUBLIC PARTICIPATION MEETING ON OCTOBER 27,2008 AT 4:40 PM. RECOMMENDATION That, on the recommendation of the General Manager of Planning and Development, the application of Mario and Silvia Travaglini relating to the property located at 1060 Oxford Street East, the proposed by-law attached BE INTRODUCED at the Municipal Council meeting on November 3, 2008 to amend Zoning By-law No. Z.-1 in conformity with the Official Plan, to change the zoning of the subject lands FROM an Arterial Commercial (AC2/AC4/AC5) Zone which permits a large range of uses including residential uses, commercial uses, service uses and restaurant eat-in uses TO an Arterial Commercial Special Provision (AC2/AC4 (JAG) Zone which permits the above.uses and a catering establishment with three parking spaces. IT BEING NOTED that the applicant has applied for concurrent site plan approval (SP ). PURPOSE AND EFFECT OF RECOMMENDED ACTION The proposed amendment will allow for the existing residential building to be converted into a catering establishment. RATIONALE The recommended Arterial Commercial Special Provision (AC2/AC4 (JAC5) conforms to the Arterial Mixed Use District designation in the Official Plan. The catering use is limited to the existing gross floor area only which limits the intensity of the use on the site. Zone Date Application Accepted: May 16, 2008 Agent: Mr. and Mrs. Travaglini 1

2 LOCATION MAP Subject Site: 1060 Oxford St E Applicant: Travaglini Marco,Travaglini Silvia Grace File Number: Planner: Craig Smith Created By: Craig Smith Date: Scale: 1:1200 Subject Site Paris Assessment Parcels Buildings Address Numbers, LEGEND I Corporation of the City of London Prepared By: Planning and Development

3 Fi I.81 Agenda Item # Page # SITE CHARACTERISTICS: Current Land Use -Vacant single detached dwelling Frontage metres Depth metres Area square metres Shape - rectangular SURROUNDING LAND USES: North - Single family residential South - Multi family residential I East - Automobile repair garage West - Single detached dwelling I OFFICIAL PLAN DESIGNATION: (refer to map on page 4) Arterial Mixed Use District EXISTING ZONING: (refer to map on page 5 ) Arterial Commercial (AC2/AC4lAC5) - NIA PLANNING HISTORY L SIGNIFICANT DEPARTMENTIAGENCY COMMENTS I1 Environmental Ennineerina Services Department The City of London s Environmental and Engineering Services Department offers the following comments with respect to the aforementioned Zoning By-Law amendment application.. A sanitary inspection maintenance hole will be required for the subject, lands. The maintenance hole is to be located wholly on private property as close to the street line as possible or in a location approved by the City Engineer.. The Owner is advised to provide basement flooding protection from any possible backflow in the sanitary system if the proposed development is to have a basement. These comments among other 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. 3

4 LEGEND Dowmw AREA REGIONAL SHOPPING AREA COMMUNITY SHOPPING AREA NEIGHBOURHOOD SHOPPING AREA ASSOCIATED SHOPPING AREA COMMERCIAL BUSINESS DISTRICT ARTERIAL MKEO USE DISTRICT HIGHWAY SERVICE COMMERCIAL RESTRICTEDMIGWAY SERVICE COMMERCIAL RESTRICTED SERVICE COMMERCIAL COMMERCIAL POLICY AREA MULTI -FAMILY HIGH DENSrPl RESIDENTIAL MULn -FAMILY. MEDIUM DENSITY RESIDENTIAL 0 LOW DENSITY RESIOENTIAL GIIG] DFFICEAAEA L - -I OFFlCElRESlDENTlAL a OFFICE BUSINESS PARK GENERAL INDUSTRIAL LIGHT INDUSTRIAL REGIONAL FACILITY COMMUNITY FACILITY OPEN SPACE 0 DEFERRED AREAS --1 AREAS UNDER APPEAL URBAN RESERVE - COMMUNITY GROWTH URBAN RESERVE - INDUSTRIAL GROWTH RURAL SEITLEMENT ENVIRONMENTAL REVIEW 0 AGRICULTURE 4 URBAN GROWTH BOUNDARY THIS IS AN EXCERPT FROM THE PLANNING DIVISION S WORKING CONSOLIDATION OF SCHEDULE A TO THE CITY OF LONDON OFFICIAL PLAN. WITH ADDED NOTATIONS CITY OF LONDON DEPARTMENT OF PLANNING AND DEVEUIPMEN OFFICIAL PLAN SCHEDULE A - LAND USE 1-1 * FILE NO. cs MAP PREPARED: October 06,2008

5 I 1) COUNCIL APPROVED ZONING FOR THE SUBJECT SITE: ACZAC41AC5 LEGEND FOR ZONING BY-LAW 2-1 OR ~ OFFICWRESIDENTIAL OC -OFFICE CONVERSION RO -RESTRICTED OFFICE OF -OFFICE ZONING BY-LAW NO. Z.-1 SCHEDULE A 0 THIS MAP IS AN UNOFFICIAL EXTRACT FROM THE ZONING BY-LAW WITH ADDED NOTATIONS MAP PREPARED: 2008 Oct 06 CM H 19, Meters

6 ~ ~~ ~~~~~ ~~~~ ~~~~ ~~ Agenda r-lm item # Page # PUBLIC LIAISON: Notice of the possible amendment was published in the "Living in the City" section of London Free Press on September 6, 2008 and on August 29, 2008 notice of the possible zoning amendment was mailed to 87 surrounding property owners. No responses were received from the public. Nature of Liaison: To permit the conversion of the existing building to a catering establishment. Change the Zoning By-law 2.-1 from a Arterial Commercial (AC2/AC4/AC5) Zone which permits a large range of uses including residential uses, commercial uses, service uses and restaurant eat-in uses to a Arterial Commercial Special Provision (ACUAC4 (JAC5) Zone which permits the above uses and a catering establishment. Responses: None ANALYSIS Subiect Site The site is located on the north side of Oxford Street East, east of Lyman Street. The property is located between an existing automobile repair garage and a residential dwelling. 6

7 Fi Fi Agenda Item # Page # Nature of the Application The applicant has requested an amendment to the zone from a Arterial Commercial (ACZ/AC4/AC5) Zone which permits a large range of uses including residential uses, commercial uses, service uses and restaurant eat-in uses to an Arterial Commercial Special Provision (ACZAC4 o/ac5) Zone. The applicant has applied for concurrent Site Plan Approval (SP ). The amendment will allow the applicant to use the existing building as a catering establishment. Site Plan (Julv ) 1060 Oxford Street East 7

8 r.1f\ A enda Item # Page # Lvman Street. streetscade Existing automotive repair aaraae on northwest corner Lvman and Oxford Street East a

9 Agenda rln Item # Page # Provincial Policv Statement (PPS) The PPS promotes and directs efficient land use and development patterns. The proposed develomnent is consistent with Section 1.O Building Strong Communities and Section 3.0 Protecting Public Health and Safety as it: = provides for intensification provides for redevelopment = efficiently utilizes existing infrastructure = efficiently uses land and resources in the City of London Official Plan Policy The proposed amendment will allow a development that is consistent with Official Plan Policies: 2.6.1, The Growth Manaaement Policies The proposed redevelopment of the existing vacant building to permit a new commercial use supports growth that maintains a compact urban form; and 0 the proposed redevelopment of the existing vacant building to permit the proposed commercial use promotes, land use intensification and is an efficient use of the existing infrastructure Commercial District Obiectives The proposed amendment to allow for the catering establishment use supports the commercial district objectives as it: provides for development of existing under-utilized properties; and permits uses at a scale that is compatible with adjacent development Arterial Mixed-Use Districts The proposed amendment to allow the catering establishment use at this location is in keeping with the intent of the policies for Arterial Mixed-Use District designations as: it is located on Oxford Street East which is a major arterial road in the City of London; it permits a commercial use similar in scale and intensity to the existing abutting uses, and provides a good transition between the automotive use to the east and the residential use to the west. it will permit the redevelopment of an existing building to a catering establishment use that will be compatible with the residential development to the north and south. Description of Design The development as proposed will use the existing structure. The building is currently vacant and the proposed use will rehabilitate and improve the existing situation. The applicant will access the use from the existing rear laneway. The use of the laneway will reduce vehicularlpedestrian conflict on Oxford Street East and enhance the rear yard. The proposed use will allow for an existing structure on Oxford Street East to be restored and enhanced which will be more in keeping with the abutting residential use and provide a good transition between the automotive use on the east and the residential use to the west Zoning The property is zoned Arterial Commercial (ACZ/AC4/AC5) which permits a wide range of uses including residential uses, commercial uses, service uses which include automotive repair garages and restaurant eat-in uses. The maximum gross floor area in the Arterial Commercial (Am) Zone variation is 300m2 for restaurant eat-in use and 800m2 for all other uses. The existing building has approximately 11 1 mz of gross floor area. A special provision is required to maintain the use in the existing building and to provide for 3 parking spaces in the rear yard. Maintaining the use in the existing building ensures that the proposed use maintains a scale and intensity of the existing abutting uses, and provides a good transition between the automotive use to the east and the residential use to the west. 9

10 ~~~~ ~~~ ~ ~~ ~~ ~~ ~~~ ~~ ~~ A r-rn enda Item # Page # CONCLUSION The site is vacant and has been used as a residential dwelling. It is located between an automotive repair garage and a residential dwelling. The proposed catering establishment use will redevelop the property utilizing existing municipal servicing and provides for a use in keeping with the scale and intensity of abutting uses. The catering establishment use is appropriate at this location and the Zoning By-law amendment will not adversely impact abutting uses. RECOMMENDEQ BY: AND DEVELOPMENT October 15, 2008 JCS/jcs Attached 10

11 Fl Fl Agenda Item # Page # Bibliography of Information and Material - Reauest for ADDrOVal City of London Zoning By-law Application Form, completed by Silva Travaglini, August 11, Reference Documents 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.-I, May 21, 1991, as amended Anencv Review and Public Responses: (located in Citv of London File No unless otherwise stated) London Hydro Macpherson J., London Hydro. Reply Sheet for City of London Applications. September 3, 2008 City of London Burgess L., Environmental and Engineering Services Department. Memo to C. Smith, September 30,

12 Fl Fl Agenda Item # Page # Bill NO. (number to be inserted by Clerk's Office) 2008 By-law No. Z A by-law to amend By-law No. Z.-1 to rezone an area of land located 1060 Oxford Street East. WHEREAS Silva and Marco Travaglini have applied to rezone an area of land located Oxford Street East, 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 1060 Oxford Street East, as shown on the attached map comprising part of Key Map No.55, from a Arterial Commercial (ACZ/AC4/AC5) Zone to a Arterial Commercial Special Provision (AC2/AC4 (JAC5) Zone. 1) Section Number 26 of the Arterial Commercial Zone to By-law No. Z.-1 is amended by adding the following Special Provision: Section No. 26.4) Arterial Commercial (AC40) Zone a) Additional Catering Establishment Permitted Uses in existing building only b) Regulation[s] i.) Parking Spaces 3 (Minimum) 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. 1990, 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 November 3, 2008 Anne Marie DeCicco-Best Mayor 12

13 F] Fi Agenda Item # Page # Kevin Bain City Clerk First Reading - November 3, 2008 Second Reading - November 3,2008 Third Reading - November 3,

14 Agenda Item # Page # AMENDMENT TO SCHEDULE "A" (BY-LAW NO. Z.-I) File Number: Planner: CS Date Prepared: 2008 Oct 06 Technician: CMH By-Law No: SUBJECT SITE 1 :2, Meters 8 -