Agenda Item # Page # CHAIR AND MEMBERS - PLANNING COMMllTEE

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1 , Agenda Item # Page # II TO: FROM: SUBJECT: CHAIR AND MEMBERS - PLANNING COMMllTEE R. W. PANZER ACTING GENERAL MANAGER OF PLANNING AND DEVELOPMENT APPLICATION BY: TIM HORTONS 68 SOUTHDALE ROAD WEST PUBLIC PARTICIPATION MEETING ON APRIL 4:15 P.M. RECOMMENDATION That, on the recommendation of the Acting General Manager of Planning and Development, based on the application of Tim Hortons relating to the property located at 68 Southdale Road West, a by-law BE INTRODUCED at the Municipal Council meeting on May 3, 2004 to amend Zoning By-law No. Z.-I in accordance with the attached enacting clause, in conformity with the Official Plan, to change the zoning of the subject lands FROM a Residential RI (RI-9) Zone which permits single detached dwellings TO a Convenience Commercial Special Provision (CC2( )) Zone to permit convenience service establishments without a drive-through facility; convenience stores without a drive-throug h facility; financial institutions without a drive-through facility; personal service establishments without a drive-throug h facility; dwelling units, together with any other permitted uses; rnedicavdental offices; food stores without a drive-through facility; take-out restaurants without a drive-through facility; a brewing on premises establishment; and, with a special provision to permit professional offices within existing buildings with the existing frontage, and a 23 metre setback from residential uses for a drivethrough facility. It being noted that issues related to buffering, fencing and internal circulation are to be addressed during the site plan review process. RATIONALE 1. The expansion of the convenience commercial node conforms to the Official Plan. Use of the subject site for a food store, take-out restaurant or a brewing on premises establishment are limited by the frontage requirements in the Convenience Commercial (CC2) Zone. 2. Mitigation issues related to buffering, fencing and internal circulation will be addressed through the site plan approval process. 3. The additional permitted professional office use is limited to the existing building and is compatible with the range of uses in the Convenience Commercial Zone. BACKGROUND Date Application Accepted: Oct. 27,2003 Agent: Jack Davis REQUESTED ACTION: To rezone the subject site from a Residential R1 (RI-9) Zone to a Convenience Commercial Special ProvisionlService Station (CC2( )/SS2) Zone to permit the expansion of the adjacent convenience commercial node to allow for the redevelopment of the site. The special provision is to permit a take-out restaurant with a drive-through facility. The applicant amended the application on April 5, 2004 to remove the request for a drive-through facilitv and to reauest Professional offices in addition to the uses in the Convenience

2 LOCATION MAP Subject Site: 68 Southdale Road West Planner: TM Subject Site LEGEND Applicant: Tim Hortons Created By: TM Buildings Roll Number: Date: 4/11 3/2004 File Number: Scale: I: 2500 CORPORATION OF THE CITY OF LONDON Prepared By: Planning & Development Department 3

3 ~~ ~~ Agenda Item # Page # Commercial (CC2) Zone. The applicant also included a request for a minimum setback from a drive-through facility and existing residential uses. SITE CHARACTERISTICS: 0 Current Land Use - residential Frontage metres (75 feet). Depth metres (330 feet) 0 Area - 2,299 square metres (24,750 square feet) Shape - rectangle SURROUNDING LAND USES: 0 North residential South - commercial (Leon s furniture store) East - commercial (Tim Hortons, gas bar and car wash) West - residential 11 OFFICIAL PLAN DESIGNATION: (refer to map on page 4) II ll Low Density Residential I1 1) EXISTING ZONING: (refer to map on page 5) ~ ll ll 0 Residential R1 (Rl-9) PLANNING HISTORY I The subject property has not had any previous development applications; however, a similar application to expand the convenience commercial node at 841 Wharncliffe Road South was approved in 1995 to include the properties at 64 Southdale Road West and 833 Wharncliffe Road South (2-4970). A minor variance, granted in 1992, permitted a bake shop with 46 seats in an existing building at 841 Wharncliffe Road South. In 1998, the Convenience Commercial Zone variations were amended to restrict drive-through facilities with uses permitted in the CC Zone. I1 (I SIGNIFICANT DEPARTMENT/AGENCY COMMENTS Environmental and Engineering Services Department The City of London s Environmental and Engineering Services Department offers the following comments with respect to this application: Adequate and functional onsite parking will be required to be provided to serve the proposed land use. w A road widening dedication fo allow for 78.0 mefres from fhe centreline of Southdale Road West to the subject sites property line (7.942m from the existing limit) may be required. The subject site is located in the Dingman Creek subwatershed. Upon development of the site stormwater management may be required. = Joint access and/or joint internal driveway agreements may be required as a condition of site plan approval with the lands to the east and west to minimize and/or consolidate the number of accesses necessary to sewe those properties abutting the arterial road. These comments among other engineering and transportation issues will be addressed in greater detail when/if these lands come in for site plan approval. * qedevelopment of this site for commercial uses will require site plan approval. 3

4 LEGEND DOWNTOWN AREA p71 REGIONAL SHOPPING AREA OFFICE AREA OFFICE/RESIDENTI AL COMMUNITY SHOPPING AREA -: Fj OFFICE BUSINESS PARK NEIGHBOURHOOD SHOPPING AREA iml ASSOCIATED SHOPPING AREA COMMERCIAL BUSINESS DISTRICT AFIIERIAL MIXED USE DISTRI(=T HI G H WAY SERVICE CO M M ERCl AL RE STRl CTED/H IG H WAY SERVICE CO MME RCI AL GENERAL INDUSTRIAL LIGHT INDUSTRIAL E{ REGIONAL FACILITY COMMUNITY FACILITY OPEN SPACE 0 DEFERRED AREAS -mi AREAS I I II UNDER APPEAL URBAN RESERVE - COMMUNITY GROWTH 1x1 RESTRICTED SERVICE COMMERCIAL v URBAN RESERVE - INDUSTRIAL GROWTH COMMERCIAL POLICY AREA MULTI - FAMILY, HIGH DENSITY RESIDENTIAL El MULTI - FAMILY, MEDIUM DENSllY RESIDEhJTIAL El LOW DENSITY RESIDENTIAL RURAL SETTLEMENT fzj ENVIRONMENTAL REVIEW URBAN GROWTH BOUNDARY I THIS IS AN EXCERPT FROM THE PLANNING DIVISION'S WORKINQ CONSOLIDATION OF SCHEDULE A TD THE CITY OF LONDON OFFICIAL PLAN, WITH ADDED NOTATIONS CITY OF LONDON DEPARTMENT OF PLANNING AND DEVELOPMENT OFFICIAL PLAN SCHEDULE A - LAND USE FILE NO. TM MAP PREPARED: 1 February 05,2004 CMH m I 1 PREPARED EEY: Graphics & lnfamatlan Sorvlcsm. SCALE 1:30,000. AML LOCATION: \\clfilel\qiswork\plannine\proisct8\~ off iclal~lan\warkconeoloo\~xerdte\amls\echablk8xl4.aml I k

5 wa COUNCIL APPROVED ZONING FOR THE SUBJECT SITE: R1-9 OR - OFFICWRESIDENTIAL I) LEGEND FOR ZONlNG BY-MWZ-7 OC - OFFICE CONVERSION R1 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 DENSITYAPARTMENTS R11 - 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 2) FOR TOWNSHIP ZONES PLEASE SEE THE RELEVANT ZONING BY-LAW FOR A DESCRIPTION OF REGULATIONS -%.*. 4.?. 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 - HEAVY INDUSTRIAL EX - RESOURCE EXTRACTIVE UR - URBAN RESERVE "h" - HOLDING SYMBOL "D" - DENSITY SYMBOL "H" - HEIGHT SYMBOL "B - BONUS SYMBOL "T" - TEMPORARY USE SYMBOL CITY OF LONDON DEPARTMENT OF PLANNING AND DEVELOPMENT ZONING BY-LAVV NO SCHEDULE A THIS MAP IS AN UNOFFICIAL EXTRACT FROM THE ZONING BY-LAW WITH ADDED NOTATIONS I FILE NO: Z MAP PREPARED: ' 2004 Feb 3 1 :5000 TM 100 Meters u L

6 Agenda Item # Page # PUBLIC LIAISON: Notice of the requested amendment was circulated to surrounding property owners on November 21, Notice of the application was also placed in the Living in the City section of the London Free Press on Saturday, November 29, replies received ~ Responses: Five of the responses received were for application clarification. Concerns expressed about the development by a nearby resident are summarized as follows: Neighbourhood objected to previous application for expansion of the existing commercial node; Expansion of the commercial development will decrease the enjoyment of residential properties with an increase in noise and lighting; A privacy fence should be constructed along the western property boundary of the proposed site; a Problems with litter from the adjacent Tim Hortons, and the lack of trash containers at the bus stop in front of the subject property; and, Effect of site redevelopmentkonstruction on the natural drainage at 72 Southdale Road West. ANALYSIS ~ ~ Existing Si tu at i o n The subject site is located directly adjacent to a convenience commercial node located at the intersection of two major arterials, Southdale Road West and Wharncliffe Road South. The site contains a residential dwelling with access to Southdale Road West, and is surrounded by low density residential uses to the north and west. A large retail store (Leon s) is located to the south opposite the subject site. Official Plan The subject site is designated Low Density Residential. The adjacent convenience commercial node is located in a Multi-Family, Medium Density Residential designation. The preferred location for convenience commercial uses and service stations is within a commercial land use designation; however, there may be some sites within residential designations where this type of development may be appropriate, such as on arterial or primary collector roads or the intersection of major roads, and may be permitted through amendments to the Official Plan and Zoning Bylaw. The Official Plan recognizes existing convenience commercial uses and service stations that are located in residential designations. The convenience commercial node at the northwest corner of Wharncliffe Road South and Southdale Road West is recognized in Appendix 1 of the Official Plan as a site permitting convenience commercial and service station uses. Is the Requested Zoning Appropriate? The applicant has requested a Convenience Commercial Special Provision (CC2( )) Zone to permit: convenience service establishments without a drive-through facility; convenience stores without a drive-through facility; financial institutions without a drive-through facility; personal service establishments without a drive-through facility; dwelling units, together with any other permitted uses; medical/dental offices; food stores without a drive-through facility; take-out restaurants without a drive-through facility; and, a brewing on premises establishment. The special provision is to permit professional offices in the existing building with the existing frontage, and a separation distance to restrict the location of drive-through within 23 metres from existing residential properties. Use of the subject site for a food store, take-out restaurant

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8 ~~~~ Agenda Item # Page # and a brewing on premises establishment is limited by frontage requirements, and will require consolidation with the adjacent commercial property. The future enlargement of the convenience commercial node to include the property at 68 Southdale Road West to permit the redevelopment of the existing Tim Hortons to accommodate an improved building design, access and parking is appropriate as the existing commercial node complies with the intent of the Official Plan. The applicant has stated that the more immediate use on the subject site is as an office for the Time Hortons franchise owner (see attached conceptual site plan). 'Methods of maintaining privacy and protecting residential amenity are possible through proper site planning and buffering measures to reduce noise and visual impacts. It is important that the north and west property lines be well screened with adequate fencing and landscaping to mitigate potential noise, traffic and lighting impacts of the expanded commercial site on adjacent residential uses. The special provision for a required setback for drive-through facilities of 23 metres from existing residential is recommended in case the adjacent Tim Hortons redevelops. This regulation will restrict the location of the drive-through portion of the facility and ensure it is an appropriate distance from existing residential uses. CONCLUSION The inclusion of the subject property in the redevelopment of the convenience commercial node, located at the major intersection of two arterial roads, conforms with the Official Plan as an appropriate location for convenience commercial uses and automotive service stations. Redevelopment of the subject site will occur in coordination with the adjacent commercial node through a single access to Southdale Road West and common internal driveways. The site plan approval process will address screening and buffering to reduce noise and visual impacts on adjacent residential properties. -1 PREPARED BY: SUBMllTED BY: /) TANYA MITCHNER PLANNER II CbJ' 'GREGG BARRETT MANAGER OF IMPLEMENTATION April 5,2004 TM/tm "Attach." Y:\shared\implemen\development apps\6580z - 68 Southdale Rd WZ-6580.rpt

9 1Agenda Item # Page # Responses to Public Liaison Letter and Publication in Living in the City Telephone Written Tony Bongers 86 Southdale Road West November 26,2003 Catherine Judge 72 Southdale Road West December 8,2003 Catherine Judge 72 Southdale Road West November 25,2003 Don Dusso Imperial Oil December 2,2003 Doug Steward January 16,2004 Maria, on behalf of owner of 9 Glendale Ave January 23,2004 D.Noel 44 Glendale Ave March 2,2004 9

10 1Agenda Item ## Page ## ENACTING CLAUSE BY-LAW NO. Z.-I CITY OF LONDON ZONING BY-LAW NO. Z.-I AMENDMENT I) Section 29.4 c) of the Convenience Commercial Zone to By-law No. Z.4 is amended by adding the following Special Provision: a) Additional Permitted Uses i) Professional Offices in existing buildings b) Regulations 1) Frontage for Professional Offices As Existing ii) Side Yard Setback for Drive-through facilities from Residential uses (mini mum) 23 metres (75 feet)

11 1Agenda Item # Page # MAYOR DAY MONTH YEAR CITY CLERK Schedule "A" to By-law No. Z.4 is amended by changing the zoning applicable to lands located at 68 Southdale Road West, as shown on the map below comprising part of Key Map No. 130, from a Residential RI (RI-9) Zone to a Convenience Commercial Special Provision (CC2( )) Zone. AMENDMENT TO SCHEDULE "A"