Request for Decision STAFF REPORT. Recommendation. Applicant: Location: Application: Proposal: Presented To: Planning Committee

Transcription

1 Request for Decision Application for Rezoning in order to permit a 166 m² take-out restaurant in a commercial strip mall, Notre Dame Avenue, Sudbury Ontario Limited resented To: lanning Committee resented: Tuesday, Sep 20, 2011 Report Date Tuesday, Sep 06, 2011 Type: ublic Hearings File Number: 751-6/11-20 Recommendation That the application by Ontario Limited to amend By-law Z being the City of Greater Sudbury Zoning By-law by changing the zoning classification of lands described as IN , Lot 12, lan 85-S, art 1, lan 53R in Lot 5, Concession 4, Township of McKim from "(39)", General Commercial Special to a revised "(39)", General Commercial Special be approved subject to the following conditions: a) In addition to the uses permitted in the "(39)", General Commercial Special zone, a restaurant with a maximum seating capacity of 20 persons, which shall include a take-out restaurant, shall be permitted. b) That a minimum of 83 parking spaces shall be provided. STAFF REORT Applicant: Ontario Limited Location: Signed By Report repared By Mauro Manzon Senior lanner Reviewed By Eric Taylor Manager of Development Services Recommended by the Division aul Baskcomb Director of lanning Services Recommended by the Department Bill Lautenbach General Manager of Growth and Development Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer IN , Lot 12, lan 85-S, art 1, lan 53R in Lot 5, Concession 4, Township of McKim ( Notre Dame Avenue, Sudbury) Application: To amend By-law Z being the City of Greater Sudbury Zoning By-law from "(39)", General Commercial Special to a revised "(39)", General Commercial Special. roposal: Application for rezoning in order to permit a restaurant with a maximum seating capacity of 20 persons, which shall include a take-out restaurant.

2 Official lan Conformity: The subject property is designated as Mixed Use Commercial in the City of Greater Sudbury Official lan. Within these areas, a wide range of uses may be permitted subject to various criteria under Section 4.3 of the lan, including adequate sewer and water capacities, sufficient on-site parking, and appropriate landscaping and buffering. New access to arterial roads is typically restricted where there are reasonable alternatives, and lot consolidation is encouraged. Any proposed new use must be compatible with existing uses, subject to the rezoning process. The application conforms to the intent of the Official lan, subject to a review of the above noted considerations. Site Description & Surrounding Land Uses: The subject property comprises a corner lot located on the east side of Notre Dame Avenue, north of the intersection of Bond Street. The property forms part of the Flour Mill commercial district. Total site area is approximately 0.7 ha (1.7 acres), with a road frontage of 59.5 m (195 ft.) on Bond Street and 121 m (397 ft.) on Notre Dame Avenue. A one-storey commercial strip mall with m2 (35,510 sq. ft.) of floor area occupies the site. There are eleven commercial units of varying size. Current site specific zoning requires a minimum 91 parking spaces. Two driveway entrances provide access from Notre Dame Avenue and Bond Street. The property is not subject to a Site lan Control Agreement. A Shell gas station abuts the property to the north. A office complex is found on the opposite side of Bond Street to the south (former Eaton warehouse). Departmental & Agency Comments: Development Engineering No concerns. Transportation Engineering rovided that sufficient parking is available on site, we have no concerns. Neighbourhood consultation: A neighbourhood meeting was not recommended due to the minor nature of the application and the location in a commercial district. As of the date of this report, no phone calls or written submissions have been received by lanning Services concerning this file. Background: There are a number of Committee of Adjustment decisions on file concerning this property dating back to the 1970s. The predominant issue has always been insufficient parking to accommodate the range of uses permitted under zoning. This situation was exacerbated by the closure of a furniture store (Bad Boy), which freed up floor space for other commercial uses, some of which were high traffic generators. In 1982, a site specific rezoning was approved that eliminated certain commercial uses which generate a

3 high amount of traffic, including restaurants, take-out or drive-in uses, liquor licensed facilities and entertainment-related uses. Furthermore, the by-law stipulated that a minimum of 91 parking spaces shall be provided. This eliminated the ongoing need for minor variance applications to address parking requirements (By-law #82-108). In 2009 the site specific zoning was modified in order to permit a restaurant with a maximum seating capacity of 20 persons, accessory to a bake shop (By-law # Z). The bake shop has since closed, and the owner proposes to convert the same unit to a take-out restaurant (pizza shop). lanning Considerations: Existing tenant mix The building contains eleven commercial units in a strip mall format. A wide range of uses currently operate from the site, including offices (Exploration Services, Winterbourne Exploration, OATC Sudbury), retail (rice Wise, Nelia s Fashion Design, Laurentian Business roducts, Bianco s Buy or Rent, Spirit Halloween), a personal service shop (Cleopatra s Nails), and a bookstore (Centre FORA). The take-out pizza shop is proposed for a vacant unit formerly occupied by a bake shop (Buns Master). The unit has m2 (1,785 sq. ft.) of floor area. arking requirements In general, the provision of parking is below the minimum required for such a large building, even if one assumes the lowest impact use. The applicant s sketch indicates a total of 83 parking spaces, which is less than the minimum 91 spaces required under current site specific zoning. A parking count conducted during a site visit verified that there are 83 parking spaces. The discrepancy can be explained as follows. The rezoning approval in 1982 included seven (7) parking spaces in the rear laneway based on a sketch provided by the owner at that time. The laneway cannot realistically be used for parking, as it serves as a loading area and there are other obstructions such as concrete steps and a transformer station. Furthermore, two (2) required parking spaces in front of the building are occupied by a large ground sign, for which a sign permit was issued in A site visit on a weekday morning indicated a sufficient number of available parking spaces, although it is not known if this reflects the norm. lanning Services is not aware of any recent problems or complaints related to parking. It is generally felt that the proposed use will not adversely affect the parking situation, provided the scale of operations is limited to a maximum seating capacity of 20 persons. It is also assumed that much of the business will be conducted during off-peak hours (evenings and weekends) and that there will be significant walk-in trade given the location in a highly urbanized area. It is further recommended that the site specific zoning be updated to recognize a minimum 83 parking spaces. Recommendation lanning Services can support the rezoning provided the restaurant use is limited to a maximum seating capacity of 20 persons, consistent with the applicant s proposal. A further mitigating factor is the location in

4 an older mixed use district. It is reasonable to assume that there will be significant walk-in traffic for which parking is not required, and that a substantial amount of business activity will occur during off-peak hours (evenings and weekends). lanning Services recommends that the application for rezoning be approved subject to the above noted conditions.

5 LAFOREST UNNAMED LANE M UNNAMED LANE 119 LAFOREST UNNAMED LANE UNNAMED LANE UNNAMED LANE 115 GARNIER (15) CARON BOND ST GEORGE KATHLEEN NOLIN I I UNNAMED LANE 116 OMER LEGAULT (39) /2 C KATHLEEN (87) NOTRE DAME (78) 496 ST GEORGE Junction Creek MURRAY 346 R2-2 LAGACE KING BOND R2-2 R2-2 C UNNAMED LANE 120 ST GEORGE UNNAMED LANE 119 UNNAMED LANE 118 NOLIN OMER LEGAULT BOND NOTRE DAME location sketch 1/ Junction Creek MURRAY KING CLINTON BOND AGNES ST GEORGE QUEEN 476 CLINTON AGNES QUEEN C1 R3(14) C1(7) M1 M ERCY MYLES LESLIE Sketch 1 NTS / Growth and Development Department 375 OS 393 1/ Subject roperty being IN , Lot 12, lan 85-S, art 1, lan 53R-15957, Lot 5, Con. 4, Twp. of McKim, Notre Dame Avenue, Sudbury, City of Greater Sudbury /11-20 Date:

6 site plan 1/1

7 hoto 1 NOTRE DAME AVE., SUDBURY - VIEW OF SUBJECT ROERTY hoto NOTRE DAME AVE., SUDBURY - COMMERCIAL BUILDING SOUTH OF SUBJECT LAND 751-6/11-20 hotography August 29, hotos 1/2

8 hoto NOTRE DAME AVE., SUDBURY - GAS STATION ABUTTING NORTH hoto 4 NOTRE DAME AVE., SUDBURY - COMMERCIAL USES OOSITE SUBJECT LAND 751-6/11-20 hotography August 29, hotos 2/2