Planning Justification Report for 324 York Street

Planning Justification Report for 324 York Street June 1 2018 This Planning Justification Report demonstrates how the continued use of the subject lands as a commercial surface area parking lot accords with Ontario s Provincial Policy Statement, the City of London s Official Plan, The London Plan, and Our Move Forward: London s Downtown Plan. Zoning By-law Amendment Extension of Temporary Use

TABLE OF CONTENTS INTRODUCTION... 3 BACKGROUND DOWNTOWN COMMERCIAL PARKING LOT POLICIES... 3 REQUEST... 3 PURPOSE... 3 PLANNING HISTORY OF THE SUBJECT LANDS... 4 THE CURRENT SUBJECT LANDS... 4 RELEVANT POLICY CONSIDERATIONS... 4 THE PROVINCIAL POLICY STATEMENT... 4 THE CITY OF LONDON S OFFICIAL PLAN AND THE LONDON PLAN... 6 Accordance with the OP and LP... 9 COMPLETION OF THE SITE WORKS... 9 ACCESSORY LOT AND VENTURE LONDON... 10 NEW CRITERIA FOR ASSESSING THE EXTENSION OF TEMPORARY SURFACE PARKING LOTS... 10 Accordance of the Temporary Parking Lot with the New Criteria... 11 OUR MOVE FORWARD: LONDON S DOWNTOWN PLAN... 12 DOWNTOWN PARKING STRATEGY FOR THE CITY OF LONDON... 14 CONCLUSION... 16 2

INTRODUCTION Background Downtown Commercial Parking Lot Policies In 1995, Municipal Council established the current approach for temporary parking lots within the downtown area. Zoning By-Law Z.-1 allows commercial parking structures as a permitted use. However, commercial parking lots those which charge by the minute, hour, or day are not a permitted use in the Downtown (DA1) Zone. A zoning by-law amendment for a temporary use is required to permit the use of such lots. Temporary uses are typically permitted for a maximum of three years (the maximum under the Planning Act) with further extensions permitted. Request We request that the lands located at (the Subject Lands ), as highlighted in yellow on the attached diagram hereto, may continue to be used as a surface commercial parking lot for a temporary period not exceeding three years from the date of the passing of the by-law beginning. The current zoning of the Subject Lands is h- 3 DA1(1) D350 H95/DA1(3) D350 H95/T-71 and we request to maintain all existing zones and an extension of T-71. Purpose The purpose of this planning justification report is to demonstrate how the requested extension of the temporary parking lot at accords with the Provincial Policy Statement (pursuant to s.3 of the Planning Act), the City of London s Official Plan and The London Plan 3

for temporary uses and commercial parking lots within the downtown area, and the City of London s Downtown Plan and Downtown Parking Strategy. Planning History of the Subject Lands The Subject Lands were originally constructed as an industrial property in the 1950s with numerous building additions constructed since that time. In 1986, the property converted from an industrial use to a commercial (ground floor) use and an office (second floor) use. In the 1990s, significant portions of the building remained vacant and the parking lot associated with the building was being used as a commercial parking lot. Sometime in the early 2000s, the building was removed and since that time the entire lot has been used as a commercial parking lot. The Current Subject Lands The Subject Lands are located on the north side of York Street, one property west of Waterloo Street, just east of the London Convention Centre. The site has lot frontages on Waterloo Street of approximately 12 meters (39.3 ft.) and York Street of approximately 18 meters (59.05 ft.). The entire site is used as a commercial parking lot. The Subject Lands are bound by a parking lot to the west and an automobile sales and service establishment to the east. Further to the west is the London Convention Centre, a former hotel site redeveloped in the 1990s. To the north is another parking lot and further to the north is the Hilton Hotel London. To the south is York street and south of that is a permanent parking lot which services the Convention Centre. The Subject Lands are accessed via direct driveways on York Street and Waterloo Street. RELEVANT POLICY CONSIDERATIONS The Provincial Policy Statement According to s.3(5) of the Planning Act 1990: A decision of the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government, including the Municipal Board, in respect of the exercise of any authority that affects a planning matter, (a) shall be consistent with the policy statements issued under subsection (1) that are in effect on the date of the decision; and (b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be. According to the Ministry of Municipal Affairs and Housing, the provincial policy statement on land use sets the government s land use vision for how we settle our landscape, create our built environment, and manage our land and resources over the long term to achieve livable and 4

resilient communities. Therefore, a decision taken by the Municipal Council must conform to Ontario s Provincial Policy Statement ( PPS ) on land use. The key portions of the PPS are the following: 1.1.1. Healthy, liveable and safe communities are sustained by: a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; e) promoting cost-effective development patterns and standards to minimize land consumption and servicing costs; 1.1.2 Sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 20 years. 1.1.3. The vitality of settlement areas is critical to the long-term economic prosperity of our communities. Development pressures and land use change will vary across Ontario. It is in the interest of all communities to use land and resources wisely, to promote efficient development patterns, protect resources, promote green spaces, ensure effective use of infrastructure and public service facilities and minimize unnecessary public expenditures. 1.6.7.2 Efficient use shall be made of existing and planned infrastructure, including through the use of transportation demand management strategies, where feasible. 1.7.1 Long-term economic prosperity should be supported by: a) promoting opportunities for economic development and community investment-readiness; c) maintaining and, where possible, enhancing the vitality and viability of downtowns and mainstreets; The current use of the Subject Lands as a parking lot is consistent with the overall economic climate. In the past, the Subject Lands had a commercial/office building on it. However, the property could not be leased on an economically viable basis due to lack of demand. The building was vacant for a long period of time before it was demolished in the early 2000s. The Subject Lands serve the demand for parking of the surrounding area (hotels, Convention Centre) and has for a considerable amount of time. The proximity of the parking lot to the downtown core promotes access for those who commute from the surrounding areas. The short-term, temporary nature of the zoning amendment permits re-consideration of the economic viability of building on the Subject Lands and does not tie-up the land indefinitely. There are also few 5

servicing costs of maintaining the land. Overall, the existing use of the land, taking into account the current economic climate, accords with the policies of the PPS. The City of London s Official Plan and The London Plan The City of London s Official Plan ( OP ) was adopted by Municipal Council in 1989. A new official plan for the city called The London Plan ( LP ) was approved by the province with modifications on December 28, 2016. The OP will be repealed and replaced with the LP when all policy appeals to the LP are resolved. The OP remains in effect in the interim. The city s official plan is intended to establish both short and long-term goals, objectives, and policies for the city. As stated in the LP: 30_ The London Plan constitutes the Official Plan (the Plan) for the City of London, prepared and enacted under the authority of the provisions of Part III of the Planning Act, R.S.O. 1990, c. P. 13. It contains goals, objectives, and policies established primarily to manage and direct physical change and the effects on the social, economic, and natural environment of the city. The OP and the LP provide policies on the permitted use of surface parking lots in the downtown area and set out temporary use provisions for lands, buildings, or structures that are prohibited in the OP and/or the LP. Both official plans designate the Subject Lands as in the Downtown (see the portion outlined in blue in the figure below, tracing the Subject Lands). 6

There are a few minor differences between the OP and the LP with regard to existing surface commercial parking lots in the Downtown. The relevant portions of the OP are set out below: 4.1.6. Permitted Uses Commercial Parking Structures and Surface Parking Lots viii) Commercial parking structures are a permitted use in the Downtown and are encouraged to locate in peripheral areas of the Downtown. The design of these structures along the street edge should be addressed through consideration of the Downtown Design Guidelines specifically requiring enhanced landscaping and consideration of pedestrian connections. The long term intent of the Plan is to improve the aesthetics of existing surface parking lots and to discourage new surface parking lots in the Downtown, especially where they involve the removal of buildings. The LP, on the other hand, also discourages further extensions of temporary use permissions for existing surface parking lots. The relevant portions of the LP are set out below: PERMITTED USES 800_ The Downtown is the highest-order mixed use activity centre in the city. The following uses may be permitted within the Downtown: 4. New surface accessory parking lots should not be permitted in the Downtown. New surface commercial parking lots shall not be permitted. 5. Where surface commercial parking lots have previously been established through temporary zoning and have been in place for an extended period of time, further extensions of such temporary uses should be discouraged where an adequate supply of parking exists in the vicinity of the subject lot. Based on the above policies, existing surface parking lots are subject to the temporary use provisions for land, buildings, or structures which uses are otherwise prohibited in the official plan. The OP and the LP are almost identical with regard to temporary use provisions, except that points 8 and 9 in the following list are new additions to the LP. As stated in the LP: 7

TEMPORARY USE PROVISIONS 1671_ Provided the general intent and purpose of this Plan are maintained, City Council may pass by-laws to authorize the temporary use of land, buildings, or structures for a purpose that is otherwise prohibited by this Plan, for renewable periods not exceeding three years, in accordance with the provisions of the Planning Act. 1672_ In enacting a temporary use by-law, City Council will have regard for the following matters: 1. Compatibility of the proposed use with surrounding land uses. 2. Any requirement for temporary buildings or structures in association with the proposed use. 3. Any requirement for temporary connection to municipal services and utilities. 4. The potential impact of the proposed use on mobility facilities and traffic in the immediate area. 5. Access requirements for the proposed use. 6. Parking required for the proposed use, and the ability to provide adequate parking on-site. 7. The potential long-term use of the temporary use. 8. In the case of temporary commercial surface parking lots in the Downtown, the impact on the pedestrian environment in the Downtown. 9. The degree to which the temporary use may be frustrating the viability of the intended long-term use of the lands. The LP also adds directly below this list: It is not intended that temporary uses will be permitted on a longterm basis and they will not be permitted where they may interfere with the long-term planning for a site. Permanent structures for temporary uses will not be permitted. Severances to support temporary uses may not be permitted where they may negatively impact long-term planning. 8

Accordance with the OP and LP The Subject Lands have been servicing the downtown area exclusively as a commercial parking lot since the early 2000s. The building that was on the Subject Lands prior to 2000 was not commercially viable and for years up until its removal had been vacant. The commercial parking lot has served the neighbouring office properties that require parking, as well as the Convention Centre and the various hotels in the area. Given the high concentration of service uses in the vicinity, the location is ideal for a commercial parking lot. Furthermore, because the creation of new surface area parking lots is being discouraged, this increases the importance of existing ones to service the downtown area. While located in the Downtown, the parking lot is close to the south-easterly border of the area and on the periphery of the more heavily dense downtown core, making it a strategically advantageous location to maintain the municipal parking supply and public parking necessary for that particular area. Another intent of the LP is to preserve existing streetscape and reduce holes along established building lines. The Subject Lands are bounded by a parking lot to the west, a parking lot to the north-east and an automobile sales and service establishment to the east. Maintaining the Subject Lands as a commercial parking lot accords with the streetscape of the neighbouring lands. Also, much of the surrounding area is designated as DA2 which permits similar uses as DA1 (the zoning of the Subject Lands) so the use as a parking lot is compatible with the use of land of the surrounding area. At the time of development, the Subject Lands received site plan approval and the necessary access points to York street were created. Permitting the extension of the Subject Lands as a commercial parking lot would not require any further development of the property. If the Subject Lands are to be used for building purposes sometime in the future, little will have to be done to the lands to prepare them for construction. Permitting the extension of the Subject Lands as a commercial parking lot would not require any buildings of heritage significance, nor any buildings at all to be demolished. The way the Subject Lands and the neighbouring lands exist currently allows for access and connections between King Street (to the north) and York Street (to the south) and increases convenience for pedestrians to cross through the parking lot unimpeded. Consistent with the policies of Paragraph 1671 of the LP, the recommended temporary use zone will permit a commercial parking lot for a period not exceeding three years. The owner of the property will be required to seek Council s approval for any future extensions to the zoning. Completion of the Site Works The owner of the property is currently completing landscaping, ticket machine, and drywell system requirements on the Subject Lands as required under the provisions of the site plan and landscaping plan registered on title as Instrument No. ER330829. The said site works will be completed before the existing six-month temporary extension of the zoning has expired. These 9

site works will not frustrate the viability of the land for any future construction or use of the lands. Accessory Lot and Venture London The Subject Lands also serve as a dedicated accessory parking lot for the tenants and tenants invitees at 291 King Street, which property the applicant also owns. If the use of the Subject Lands as a commercial parking lot is not extended, this would disrupt the existing parking dedication for said tenants and tenants invitees, which the applicant has committed to providing. The Subject Lands also serve as an overflow lot for parking at the Convention Centre for events. The proximity of the Subject Lands to the Convention Centre is beneficial for customers late at night (for safety) and in inclement weather. New developments to the former London Free Press building at 369 York St. dubbed as Venture London will also generate new demand for parking in the vicinity for which the Subject Lands would service. New tenants are expected to settle later this year and which would increase the Subject Lands utilization rate. New Criteria for Assessing the Extension of Temporary Surface Parking Lots On May 8, 2018, Municipal Council passed two by-laws to amend the OP and the LP (as well as a by-law to amend the guide document Our Move Forward London s Downtown Plan ) to implement criteria to consider when evaluating applications for extensions to temporary zoning permissions for surface commercial parking lots. The list of criteria is the same in the OP and LP. As will be listed under Policy 1673_a of the Our Tools section of the LP: 1673_a In addition to the other Temporary Use Provision policies and the Downtown Place Type policies of this Plan, applications for temporary zoning to support surface commercial parking lots in the Downtown will be evaluated based on the following criteria: 1. The demonstrated need for surface parking in the area surrounding the subject site. Utilization rates for sub-areas of the Downtown may be used to evaluate this need. 2. The importance of any pedestrian streetscapes that are impacted by the surface commercial parking lot and the degree to which these streetscapes are impacted. 3. The size of the parking lot, recognizing a goal of avoiding the underutilization of Downtown lands. 4. The length of time that the surface commercial parking lot has been in place, recognizing it is not intended that temporary uses will be permitted on a long term basis. 5. Applicable guideline documents may be used to provide further, more detailed, guidance in applying these policies. 10

6. Site plan approval will be required for all temporary surface commercial parking lots in the Downtown. 7. Where Council does not wish to extend the temporary zoning for a surface commercial parking lot a short-term extension of the temporary zone may be permitted for the purpose of allowing users of the lot to find alternative parking arrangements. Accordance of the Temporary Parking Lot with the New Criteria There is a demonstrated need for surface parking in the area surrounding the Subject Lands. The Subject Lands are located in sub-area 5 of the Downtown area (as identified on the map below). Although utilization rates for sub-area 5 are currently at 57%, the utilization rates in the adjacent sub-areas 3 and 4 are close to 90%. Future growth and development in the Downtown will lead to parking spot deficits in sub-areas 3 and 4 if other parking developments are not undertaken. Permitting a three-year extension on the Subject Lands would allow the City to develop new parking plans in sub-areas 3 and 4 while ensuring that any deficits in sub-areas 3 and 4 could be covered by available parking in sub-area 5. Image provided by City of London Downtown Parking Strategy, December 2017, page 3. The impact to pedestrian streetscapes by the Subject Lands is minimal. As stated above, the Subject Lands are bound by parking lots to the west and north-east and an automobile sales and services establishment to the east. As such, maintaining the Subject Lands as a commercial parking lot accords with the surrounding streetscape. Further, much of the surrounding area is 11

designated as DA2, which permits similar uses as DA1 (the zoning of the Subject Lands), so the use as a parking lot is compatible with the use of land in the surrounding area. The size of the parking lot is relatively small. The site has lot frontages on Waterloo Street of approximately 12 meters and York Street of approximately 18 meters. The property has a depth of 50.8 metres and a total area of 1495 metres squared. Although development of this land for another use is possible, the history of the property indicates that the Subject Lands are not economically viable for another commercial purpose due to lack of demand. The Subject Lands have been used as a surface commercial parking lot since the early 2000s. As stated above, commercial parking is the optimal use of the Subject Lands considering the lack of economically viability for another purpose. Permitting a three-year extension of the Subject Lands as a commercial parking lot would allow the city to consider possible alternative uses for the property in the future without disrupting the current stable use of the property. Further, permitting the extension of the Subject Lands as a commercial parking lot would be beneficial for future development on the Subject Lands as little would have to be done to prepare the land for construction. Site plan review was undertaken in the early 2000s and a development agreement was registered on title. The construction and site plans outlined in said development agreement are currently being implemented to bring the Subject Lands in line with the desired engineering and asethetic standards requested by the city. The owner has committed to providing long-term parking to tenants at 291 King St. and even with a six-month extension, it would be difficult to accommodate alternative parking to said tenants (and their invitees) as there is limited space available at the neighbouring lot(s) for tenants that would need dedicated, daily parking. More guidance in applying these policies can be found below in an analysis of the accordance of the temporary parking lot with London s Downtown Plan and Downtown Parking Strategy. Our Move Forward: London s Downtown Plan Municipal Council adopted Our Move Forward: London s Downtown Plan ( LDP ) on April 14, 2015, as a guideline document for the OP. The LDP is intended to be a broadly-based plan for London s Downtown, focusing on the enhancement and revitalization of the downtown area. On May 8, 2018, Municipal Council passed a by-law to amend the LDP with regard to temporary downtown commercial parking lots. This criteria will be added to section 5.2 of the Planning Policies section of the LDP, and will include: Requests for temporary zoning for surface commercial parking lots, and extensions to temporary zoning for surface commercial parking lots, will be evaluated based on the following criteria; 1. Site plan approval will be required for all temporary surface commercial parking lots in the Downtown. 12

2. The importance of any pedestrian streetscapes that are impacted by the surface commercial parking lot and the degree to which these streetscapes are impacted. 3. The location, configuration and size of the parking area will be designed to support the provision of, and enhance the experience of pedestrians, transit-users, cyclists and drivers. 4. The impact of parking facilities on the public realm will be minimized by strategically locating and screening these parking areas. Surface parking should be located in the rear yard or interior side yard. 5. Surface parking lots should be designed to include a sustainable tree canopy with a target of 30% canopy coverage at 20 years of anticipated tree growth. 6. Surface parking located in highly-visible areas should be screened by low walls and landscape treatments. 7. Lighting of parking areas will be designed to avoid negative light impacts on adjacent properties. 8. Large surface parking lots shall be designed with areas dedicated for pedestrian priority including landscaping to ensure safe pedestrian connectivity throughout the site. 9. Surface parking areas will be designed to incorporate landscape/tree islands for visual amenity and to help convey stormwater and reduce the heat island effect. 10. Large surface parking areas will be designed to incorporate low impact development measures to address stormwater management. As discussed above, pedestrian streetscapes are minimally impacted by the Subject Lands considering the lands are surrounded by other parking lots and an automobile sales and services establishment. The public realm is also minimally impacted as much of the parking lot is set behind another property. The site only has 12 meters of lot frontage on Waterloo Street and 18 meters of lot frontage on York Street, with the rest of the lot set behind another property. Finally, the Subject Lands enhance the experience of pedestrians and cyclists in allowing them to conveniently access King Street and York Street by passing through the lot. These elements indicate that the Subject Lands are both suitable to and supportive of the pedestrian experience. 13

The owner of the property is currently updating the landscaping and drywell system requirements as required in the development agreements for the property. This includes landscaping improvements along York Street and Waterloo Street, the establishment of sod on the property, and the installation of concrete curbing and landscaped islands. The drywell system will be certified by a professional engineer to ensure its proper construction. These updates will assist with the visual amenity and pedestrian priority of the Subject Lands, and will assist in stormwater management on the property. Downtown Parking Strategy for the City of London In December 2017, Municipal Council approved the Downtown Parking Strategy ( DPS ). The DPS was prepared by consultants with the goal of developing a specific plan of action for the city with regard to parking. The stated purpose of the DPS is as follows: 2.1 STUDY PURPOSE The City has recently completed a number of planning, urban design and transportation studies that support the future development of the downtown. The provision, management and supply of parking is an area of special relevance to the successful implementation of the Our Move Forward: London s Downtown Plan (herein referred to as the Downtown Plan). Determining how much parking is necessary for the functional and economic viability of downtown development programs and the success of the downtown transit hub as well as how the right amount of parking is provided are critical ingredients for future success. The key to future development in the downtown will be the replacement of existing surface parking lots with new mixed-use developments. Determining how much parking is required, how it is provided, what role the City should play in meeting future parking demand, the financial implications associated with providing new parking and the most appropriate municipal service delivery model to employ in order to maximize the return on investment of public funds are critical considerations in the development of a parking management strategy for the downtown. At pages 36-37, the DPS addresses existing downtown commercial parking lots and makes recommendations regarding their future use in light of potential parking deficits in key downtown areas. The relevant paragraphs are set out below: On September 15, 2015, City Council directed staff to report back on the status of all downtown commercial parking lots to confirm that temporary zoning has been applied and that temporary use zoning discourages more commercial parking lots. Limitations on downtown commercial parking could result in a substantial 14

reduction in existing parking supply if they are incorporated widely and quickly. The eventual development of surface parking lots is a primary driver of a future predicted localized parking deficit. After the expected on-street parking losses related to the capital mobility improvement projects, the overall occupancy levels of the existing parking system are anticipated to increase from 77% to 79%, leaving approximately 1145 vacant parking spaces that could be eliminated and still maintain a 90% overall occupancy level. However some of these vacant spaces could be required to accommodate increased employment in the area. In addition, while the overall downtown area has a significant surplus of publicly available parking, parking occupancy levels in the central core area are at 89% and 81% respectively in sub-areas 3 and 4 as shown in Figure 4. The implementation of the BRT system, Dundas Place, bus rerouting off Dundas Street, and cycle tracks on Colborne Street will result in a loss of approximately 95 short term visitor parking spaces in the core area (subareas 3 and 4), thereby increasing the occupancy rate to 95% and 84% respectively. It is desirable to have parking occupancy rates at 90% in order to provide enough vacant parking to allow people to find a space in a reasonable amount of time, especially short term visitors. Therefore, reducing temporary zone parking in the core area should be carefully considered in terms of its impact on short term parking availability. In contrast, existing parking occupancies in the outer areas (sub- areas 2, 5, & 6) of the downtown could absorb reductions in existing surface lot supply with much less impact. Based on the above, it is recommended that a gradual approach to the discontinuation of temporary zone permissions for temporary surface commercial parking lots in the downtown for areas where parking utilization is low. This approach should be aligned, as much as possible, with mode share shifts as a result of transportation demand management programs, the implementation of the new rapid transit system in the mid-term and active transportation gains. As a first step, an accurate inventory of all existing non-complying downtown surface commercial lots should be undertaken. All lots identified as non-compliant should be required to obtain a temporary zone permission in order to maintain operations. Failure to secure a temporary zone permission should result in the lot no longer being permitted to operate. The temporary zone permissions should be planned to expire on a gradual basis as the rapid transit system is implemented and new public parking is added to specific areas. 15

Temporary zone permissions should be discontinued for any new surface parking lot in the downtown. It will be important that the development of these surface parking lots over time re-enforces an active streetscape by ensuring that commercial spaces and other active uses are constructed on the ground floor of any new parking or mixed-use structures. These paragraphs indicate two key points regarding the temporary extension of the Subject Lands as a surface commercial parking lot. Firstly, the DPS recommends that a gradual approach be taken to discontinuing temporary zone permissions, allowing the discontinuation of surface parking lots to be aligned with future parking development goals. Secondly, the DPS identifies sub-area 5 (which the Subject Lands are located in) as an area that can compensate for potential parking deficits in sub-areas 3 and 4 in the near future. These points indicate that a three-year extension of the Subject Lands as a commercial parking lot would allow the city to pursue its transportation and parking plans without disrupting the level of available parking in the Downtown before these plans are in place. CONCLUSION The Subject Lands have been operating as a commercial surface parking lot since the early 2000s. The building that was removed from the land prior to that time were not economically viable and could not attract tenants at even a nominal rent. The Subject Lands have met the demand of parking generated by the Convention Centre, the surrounding hotels and the tenants and invitees of 291 King Street and is therefore an efficient use of the lands. The Subject Lands are in accordance with the Provincial Policy Statement, the City of London s Official Plan and The London Plan, and the new criteria to be added to these plans. The location of the Subject Lands is peripheral in terms of the downtown area and compatible with the surrounding uses (parking lots to the north-east and to the west). The proposed Zoning By-law Amendment will re-establish T-71 zone on the property. This will permit the Subject Lands to be used as a commercial surface parking lot for a period next exceeding three years, or until the economy makes building on the land economically viable. 16