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 - 1662227 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 1662227 Ontario Limited to amend By-law 2010-100Z being the City of Greater Sudbury Zoning By-law by changing the zoning classification of lands described as IN 02245-0150, Lot 12, lan 85-S, art 1, lan 53R-15957 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: 1662227 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 02245-0150, Lot 12, lan 85-S, art 1, lan 53R-15957 in Lot 5, Concession 4, Township of McKim ( Notre Dame Avenue, Sudbury) Application: To amend By-law 2010-100Z 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.
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 3 299 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
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 #2010-22Z). 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 165.8 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 2006. 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
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.
LAFOREST 555 196198 202 554 UNNAMED LANE 120 222 226 238 214 218 242 248 566 562 560 M1-1 521 336338340 344 362 374 386 392 356 366 370 390 396 195 197 201 UNNAMED LANE 119 LAFOREST UNNAMED LANE 118 436 UNNAMED LANE 117 521 513 204 194 200202 UNNAMED LANE 115 GARNIER (15) CARON 213 217 221 218 BOND 378 52 222 ST GEORGE 197 201 219 217 223 227 221 475 195 201 203 198 433 381 375 204 427 KATHLEEN 522 480 NOLIN I 216220 226 230 232 I UNNAMED LANE 116 OMER LEGAULT 227 231 329 333 (39) 327 321 1/2 C3 50 44 248 234 238 242 239 215 221 237 438 424 216 220 228 229 235 239 246 240242 250 234238 244 252 KATHLEEN 531 525 517 262 497 507 (87) 477 467 463 459 455 417 469 NOTRE DAME (78) 496 ST GEORGE Junction Creek 329335 339 511 365 369 393 363 373 377 383 387 MURRAY 346 R2-2 LAGACE KING BOND R2-2 R2-2 C1 328 334 338 344 348 321 325 329333 322 326 332336 315 221 375 349 215 225 409 343 355 231 375 405 295 401 400 380 UNNAMED LANE 120 ST GEORGE UNNAMED LANE 119 UNNAMED LANE 118 NOLIN OMER LEGAULT BOND NOTRE DAME 751-6-11-020 location sketch 1/1 249 254 Junction Creek MURRAY KING CLINTON BOND AGNES ST GEORGE QUEEN 476 CLINTON AGNES QUEEN C1 R3(14) 355 466 462 460 C1(7) M1 M1 424 415 413 364 326328 378 330 334 394 340344 368 370 374 418 384 390 345 353 340 338 339 488 359 363369 494 369 373 377 383389 393 366372 376 380 386 390 394 321 339 435 363 367 381 436 369 375 383 344 463 361 430 334 348 352 360 342 364 400 ERCY MYLES LESLIE 329 301 336 344 Sketch 1 NTS 348 493 340 365 454 372 378 382 390 1/2 390 394 372 374 378 384 379 Growth and Development Department 375 OS 393 1/2 391 395 Subject roperty being IN 02245-0150, 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 329 751-6/11-20 Date: 2011 08 24
751-6-11-020 site plan 1/1
hoto 1 NOTRE DAME AVE., SUDBURY - VIEW OF SUBJECT ROERTY hoto 2 430 NOTRE DAME AVE., SUDBURY - COMMERCIAL BUILDING SOUTH OF SUBJECT LAND 751-6/11-20 hotography August 29, 2011 751-6-11-020 hotos 1/2
hoto 3 476 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, 2011 751-6-11-020 hotos 2/2