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

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1 Request for Decision Application for rezoning in order to permit an automotive lube shop in the southeasterly corner of the Lasalle Court Mall property, 900 Lasalle Boulevard, Sudbury - Laurentian Shield Properties Presented To: Planning Committee Presented: Tuesday, May 18, 2010 Report Date Tuesday, May 04, 2010 Type: Public Hearings File Number: 751-6/10-8 Recommendation That the application by Laurentian Shield Properties to amend By-law Z being the Comprehensive Zoning By-law for the (former) City of Sudbury by changing the zoning classification of lands described as PIN , Parcel S.E.S., in Lot 2, Concession 6, Township of McKim from "C2-27", General Commercial Special to a revised "C2-27", General Commercial Special be approved subject to the following conditions: a. That prior to the issuance of a building permit, the owner shall amend the Site Plan Control Agreement for the subject property; and, b. That the amending by-law add an automotive lube shop not exceeding 183 m2 in gross floor area as a permitted use. STAFF REPORT Applicant: Laurentian Shield Properties (Agent: Castellan James + Partners) Location: Signed By Report Prepared By Mauro Manzon Planner Digitally Signed May 4, 10 Reviewed By Art Potvin Manager of Development Services Digitally Signed May 4, 10 Recommended by the Division Paul Baskcomb Acting Director of Planning Services Digitally Signed May 4, 10 Recommended by the Department Bill Lautenbach General Manager of Growth and Development Digitally Signed May 4, 10 Recommended by the C.A.O. Doug Nadorozny Chief Administrative Officer Digitally Signed May 4, 10 PIN , Parcel S.E.S., in Lot 2, Concession 6, Township of McKim (900 Lasalle Boulevard, Sudbury) Application: To amend By-law Z being the Comprehensive Zoning By-law for the (former) City of Sudbury from "C2-27", General Commercial Special to a revised "C2-27", General Commercial Special. Proposal: Application for rezoning in order to permit an automobile service station in the form of a Just Lubes franchise in the southeasterly corner of the Lasalle Court Mall. Current site specific zoning does not permit

2 an automobile repair shop, service station, automotive dealership or car wash. Official Plan Conformity: The subject property is designated as Mixed Use Commercial in the City of Greater Sudbury Official Plan. Within these areas, a wide range of uses may be permitted subject to various criteria under Section 4.3 of the Plan, 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. Conformity with the Official Plan is subject to a review of the above noted considerations. Site Description & Surrounding Land Uses: The subject property is located on the north side of Lasalle Boulevard between Montrose Avenue and Lauzon Avenue. Total site area is 3.9 ha (9.55 acres), with 198 m of frontage on Lasalle Boulevard and a property depth of 193 m. The site is occupied by a large commercial strip mall with m2 of gross floor area. The site plan agreement currently registered on title indicates 506 parking spaces. A mixed use building abuts immediately to the east (976 Lasalle Boulevard). The building contains main floor commercial uses with seven (7) apartment units located above and behind the non-residential uses. Low density residential uses are located further to the north. Departmental & Agency Comments: Development Engineering Development Engineering has reviewed the above noted application. This site presently has municipal water and sanitary sewer available for the development within the City s right-of-way. The City s reconstruction of Lasalle Boulevard is nearing completion and the City s "No Cut" policy for new asphalt will be in place for three years once the surface asphalt has been placed on the roadway. It is imperative that the applicant contact the Infrastructure Department to have the water and sanitary services installed to the lot line as soon as possible. We have no objection to amend the zoning from "C2-27", General Commercial Special to a revised "C2-27", General Commercial Special to permit an automobile service station. We ask that this development enter into a Site Plan Control Agreement, at which time we will perform a detailed review including, but not limited to, the requirement of a test manhole on the sanitary sewer service and lot grading of the site. Transportation Engineering Further to your letter dated March 9, 2010, received in our office on March 12, 2010, Roads and Transportation Staff have reviewed this application and can provide the following comments: We have no concerns provided there is sufficient parking and development proceeds under a Site Plan Control Agreement. Building Services

3 We have reviewed your memo dated March 9, 2010, regarding the above noted application for Zoning By-law Amendment. We can advise that Building Services has no objections to this application. However, the applicant should be aware that access routes are required to the building as per Section of the Ontario Building Code. Also, a planting strip is required for the side of the lots abutting residential zones. Neither is shown on the site plan drawing provided. Neighbourhood consultation: The proponents were advised of Council s requirement for a neighbourhood meeting. It was recommended that they contact the ward councillor to discuss the need for a public information session. As of the date of this report, no written submissions have been received concerning this file. Two phone calls seeking clarification have been received. Background: The lands were historically occupied by a drive-in theatre. In 1985, concurrent applications for Official Plan Amendment and rezoning were submitted in order to permit a m2 (91,000 sq. ft) commercial mall. The applications were not supported by the Planning Department at the time. Council subsequently approved the Official Plan Amendment, thereby redesignating the lands from Residential to Commercial (Resolution #85-486). OPA # 45 received Ministerial approval on March 25, The zoning was amended from "R1", One Family District and "R3", Multiple Family District to "C2", General Commercial, subject to a contribution towards necessary improvements to Lasalle Boulevard and a Site Plan Control Agreement. The proponents appealed the conditional approval to the Ontario Municipal Board. The matters brought before the Board in March 1987 concerned the General Commercial zoning and details related to the site plan agreement. The Board subsequently issued an order in September 1987 which amended the by-law to exclude automotive uses (By-law #87-253). The commercial mall was constructed in 1988 and is subject to a Site Plan Control Agreement. The owner would now like to establish an automotive lube shop (Just Lubes franchise) in the southeasterly corner of the property, directly abutting Lasalle Boulevard. An automotive lube shop is defined as an automotive use engaged in the servicing of motor vehicles with fluids and lubricants, excluding any other automotive use defined in the zoning by-law. Planning Considerations: There are two key considerations related to this application: 1. The suitability of the site to accommodate the proposed automotive use, most importantly the impact on parking and on-site circulation; and, 2. Land use compatibility with adjacent uses, in particular the mixed use building that abuts directly to the east. Suitability of the site Lasalle Court Mall comprises the typical strip mall format, with the built form set back some distance from the road, fronted by a large surface parking lot. A signalized entrance and a "right-in" lane provide access

4 from Lasalle Boulevard. (Note: The applicant s sketch incorrectly illustrates a two-way right-in lane.) Historically, the introduction of automotive uses onto existing commercial sites, implemented through amendments to site plan control agreements, has produced mixed results. In some cases, successful integration can be achieved by maintaining efficient access with minimal impact on parking and on-site circulation. In other instances, too many uses crowded onto a single commercial site can have a detrimental impact on the form and function of the site, most notably the internal circulation system (the on-site movement of vehicles and pedestrians). In this case, it is generally felt that the proposed use can be effectively integrated onto the existing mall property based on the following observations: The parking lot is sufficiently large to accommodate the proposed use. Parking requirements for the mall complex, including the new use, are maintained. There is sufficient access by means of a signalized intersection and a right-in lane off Lasalle Boulevard. The building footprint for the lube shop is relatively small and confined to the southeasterly portion of the site. Automotive lube shops do not generate as much traffic as automobile service stations. No accessory commercial uses are proposed, such as a convenience store, restaurant or coffee kiosk. In order to minimize the impact of the new use, it is recommended that the amending by-law limit the gross floor area to 183 m2, consistent with the preliminary site plan submitted by the applicant. Land use compatibility The main concern related to land use compatibility is the mixed use building abutting immediately to the east. Residential uses are present in the form of seven (7) apartment units based on assessment information. Ideally, residential uses should be appropriately buffered from an automotive use such as a lube shop or a service station. The site plan indicates 9.2 metres between the proposed building and the easterly lot line, which is sufficient to accommodate some form of screening. It is therefore recommended that the amended site plan incorporate a planting strip as a screening device. The planting strip may comprise various forms, as outlined under the landscaping provisions of By-law Z. Other site planning issues The preliminary site plan indicates general conformity with C2 zoning provisions, including front and interior side yard setbacks. The owner is advised that the reconstruction of Lasalle Boulevard is nearing completion. Sidewalks have been completed and the application of the final layer of asphalt is imminent. This impacts the timing of sewer and water connections, which should be addressed as soon as possible. Other site planning matters can be addressed in further detail as part of an amendment to the existing Site Plan Control Agreement.

5 Summary Planning Services Division recommends that the application for rezoning be approved subject to the above noted conditions.

6 location sketch 1/1

7 site plan 1/1

8 Photo LASALLE BLVD., SUDBURY - VIEW OF SUBJECT PROPERTY Photo LASALLE BLVD., SUDBURY - SOUTHEASTERLY VIEW OF PROPOSED SITE 751-6/10-8 Photography April 27, Photos 1/3

9 Photo LASALLE BLVD., SUDBURY - LOW DENSITY DWELLINGS ABUTTING NORTH Photo LASALLE BLVD., SUDBURY - VIEW OF COMMERCIAL MALL 751-6/10-8 Photography April 27, Photos 2/3

10 Photo LASALLE BLVD., SUDBURY - MIXED USE PROPERTY ABUTTING EAST Photo LASALLE BLVD., SUDBURY - VIEW OF ROAD FRONTAGE AND RIGHT-IN 751-6/10-8 Photography April 27, Photos 3/3