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GENERAL MANAGER OF PLANNING AND DEVELOPMENT

2-747

11 FROM: I R. W. PANZER

II SUBJECT: I APPLICATION B Y M-SKI AUTOMOTIVE 2547 MAIN STREET

PUBLIC PARTICIPATION MEETING ON FEBRUARY 11,2008 AT 4:45 P.M.

RECOMMENDATION

That, on the recommendation of the General Manager of Planning and Development, based on the application of M-Ski Automotive relating to the property located at 2547 Main Street:

a) the attached proposed by-law BE INTRODUCED at future Municipal Council meeting to amend Zoning By-law No. 2.-I in conformity to the Official Plan to change the zoning of the subject lands FROM a Business District CommerciallService Station (BDClSSI) Zone which permits commercial uses including automotive repair garages in association with fuel sales TO a Holding Business District CommerciallService Station (h.l7*BDC/SS3) Zone to permit the above uses but also allowing for an automobile repair garage without fuel sales; and

b) three readings of the recommended Zoning By-law amendment BE WITHHELD until the undertaking to provided enhanced landscaping has been signed.

IT BEING NOTED that the lands are to be connected to full municipal services when they become available.

PURPOSE AND EFFECT OF RECOMMENDED ACTION ~~ ~ ~~ ~ ~~ ~

To allow for the existing automobile repair garage to operate without associated fuel sales.

RATIONALE

1. The zoning amendment will allow for the utilization of the existing automobile repair garage.

2. An automobile repair garage is already permitted on this site in association with fuel sales.

3. The zoning amendment will allow for this use without requiring association with fuel sales.

4. An undertaking will be entered into requiring upgraded landscaping to enhance the property at this prominent location.

5. The zoning amendment conforms to the Official Plan.

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LOCATION MAP Subject Site: 2547 Main St Applicant: M-Ski Automotive File Number: 2-7473 Planner: Craig Smith Created By: Craig Smith Date: 2007-11-28 Scale: 1:1200

Corporation of the City of London Prepared By: PD - Planning

LEGEND Subject Site

Parks

&$ Assessment Parcels fl Buildings

Address Numbers


Date Application Accepted: November 23, 2008

2-7473 J. Craig Smith

Agent: Mariusz Wojciechowski

BACKGROUND I

SITE CHARACTERISTICS:

Frontage - 41.75 metres

Depth - 30.85 metres

Shape - rectangular

Current Land Use -Vacant Service Station

Area - 161 5 square metres

SURROUNDING LAND USES:

North - Church

South -Commercial

East - Commercial

West- Commercial

OFFICIAL PLAN DESIGNATION: (refer to map on page 4)

Business District Commercial

EXISTING ZONING: (refer to map on page 5 )

Business District Commercial/Service Station (BDCISSI) I1

I1 PLANNING HISTORY I1 According to the City of London assessment information an automobile service station was constructed at this location in 1955. The property is located in the former Village of Lambeth in the former Township of Westminster. Prior to the annexation of Lambeth in 1993 by the City of London the property was zoned General Commercial (CI) in the Township of Westminster Zoning By-law TWP 2000. The General Commercial (CI) Zone allowed automotive service stations that lawfully existed prior to the passing of the Zoning By-law TWP 2000 in 1983.

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LEGEND 0 DEFERRED AREAS

DOWNTOWN AREA

REGIONAL SHOPPING AREA

COMMUNITY SHOPPING AREA

NEIGHBOURHOOD SHOPPING AREA

ASSOCIATED SHOPPING AREA COMMERCIAL

BUSINESS DISTRICT

AMERlALMlXED USE DISTRICT

HIGHWAY SERVICE COMMERCIAL

RESTRICTEDMIGHWAY SERVICE COMMERCIAL

RESTRICED SERVICE COMMERCIAL

COMMERCIAL POLICY AREA

MULn -FAMILY, HIGH DENSITY RESIDENTIAL

MUUI - FAMILYt MEDIUM DENSITY RESIDENTIAL

U3W DENSITY RESIDENTIAL

--I AREAS L - .I UNDER APPEAL OFFICE AREA

OFFICE/RESIDENTIAL

OFFICE BUSINESS PARK

GENERAL INDUSTRIAL

UGHT INDUSTRLAL

REGIONAL FACILITY

COMMUNITY FACILITY

OPEN SPACE

URBAN RESWE - COMMUNIW GROWTH

URBAN RESERVE - INDUSTRIAL G R O W

RURAL SEVLEMENT

ENVIRONMENTAL REVIEW

AGRICULTURE

URBAN GROWTH BOUNDARY

M I S IS AN EXCERPT FROM M E PLANNING DIVISION'S WORKING CONSOLILIATION OF SCHEDULE A TO THE CITY OF LONDON OFFICIAL PUN. WKH ADDED NOTATIONS

FILE NO.

CITY OF LONDON 2-7473 DEPARTMENTOFPLANNINGANDDEvEulpMENT

OFFICIAL PLAN SCHEDULE A - LAND USE

January 15,2008

w*c t+l

cs CITY OF LONDON

MAP PREPARED. DEPARTMENT OF PLANNING AND DEVELOPMENT

2008/01/15 CK

1:3500

0 IO0 Meters - Q ZONING

SCHEDULE A

BY-LAW NO. 2.-1

THIS MAP IS AN UNOFFICIAL EXTRACT FROM THEZONING BY-LAW WITH ADDED NOTATIONS



All areas that were annexed in 1993 by the City of London were required to continue to comply with their existing By-laws until the City of London completed a comprehensive zoning review and passed amendments to incorporate all annexed area by-laws into a single City-wide comprehensive By-law. In 2005 the City of London adopted By-law Z.-1-051390 which amended all annexed area by-laws and consolidated them into one comprehensive City of London Zoning By-law

Zoning amendment 2.-1-051390 designated the lands Business District Commercial/Service Station (BDCISSI) in the City of London Zoning By-law Z.-1. The amended zone was intended to permit the same range of uses which were previously permitted by the Township of Westminster TWP 2000 By-law. The Service Station (SSI ) Zone variation permits automobile service stations.

A Sunoco service station existed on this site from June 14 2000 until the end of 2005. Public garage licenses were issued to Sunoco to permit an automobile repair use in the existing building. The site has remained vacant since 2005.

I SIGNIFICANT DEPARTMENTlAGENCY COMMENTS I1 Environmental Enqineerhq Services Department "The Environmental and Engineering Services Department (EESD) offers the following comments with respect to the above application

. A road widening dedication to allow for 18 meters from the centerline of Main Street to the subject sites property line may be required.

A road widening dedication to allow for 18 meters from the centerline of Colonel Talbot Road to the subject sites property line may be required.

Presently there are no municipal sanitary services available to service the subject site. Holding provision h-I 7 shall be placed on the subject lands to ensure the orderly development of lands and the adequate provision of municipal services. The h-I 7 shall not be deleted until full municipal sanitary sewer services are available to service tfiis site. On an interim basis, until the future municipal services become available, the site may develop as described in the notice of application utilizing properly functioning and maintained on-site wastewater/sewage treatment, all at no cost to the City and in compliacice with relevant standards and regulations.

Presently there is no municipal storm sewer adjacent to the subject site. If a storm outlet is required for the proposed usage on this site, the storm outlet must be identified subject to UTRCA and/or City approval. Once the site develops, the post development flows from the site must not exceed the pre-development flows for the 2 year storm event.

.

'

.

It is noted this site formerly operated as a Sunoco fuel station.

EESD recommends that appropriate holding provisions be applied to the subject lands. The holding provisions may be removed once all concerns have been addressed. The servicing concerns may be addressed through future development processes such as consent to sever, site plan and subdivision approvals".

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PUBLIC LIAISON: I

On November 29, 2007, 61 public notices were sent out to all landowners with 120m of the property and on December 1, 2007 notice was published in the Living in the City.

No replies were received

(1 Responses: None

ANALYSIS Subiect Site The site is located on the northeast corner of Colonel Talbot Road and Main Street. The property is located along the north side of the Main Street corridor in the former village of Lambeth. The site is approximately 2615 square metres with an existing automobile repair garage approximately 120 square metres in size. Currently the site is vacant.

Northeast View

Church property U Existing Vacant two bay automobile repair garage

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North View

Nature of the Amlication The applicant is proposing to utilize the existing automobile repair garage to operate an automobile repair business with no on site fuel sales.

Official Pian Policies The site is designated Business District Commercial in the City of London Official Plan. The Business District designation is applied to long established, pedestrian-oriented shopping areas in the older parts of the City. These areas typically consist of mostly small, separately-owned and managed commercial properties that meet the frequent shopping and service needs of nearby residents or provide specialty shopping for customers from a much larger area. Automotive service uses are permitted in the Business District Commercial designation.

Zoning Currently the property is Zoned Business District CommerciallService Station (BDClSSl) in the City of London Zoning By-law 2.-1. The Service Station (SSI) Zone variation permits automobile service stations. Zoning By-law 2.-1 defines automobile services stations as "a building or place where gasoline or other motor fuels are kept for sale and for delivery directly into motor vehicles, and may also include a building or place where minor running repairs, cleaning and maintenance essential to the actual operation of motor vehicles and the sale to the motoring public of goods usual to the trade are pelformed'. As this definition includes the words "may also include", an automobile repair garage use in the City of London is permitted in a zone variation that permits automobile services stations only when operated in association with fuel sales.

The proposed amendment to include the Service Station (SS3) Zone variation will permit the existing uses in the Service Station (SSI) Zone variation but includes the automobile repair garage use. Zoning By-law 2.-1 defines automobile repair garage as; " an establishment far the repair or replacement of parts in a motor vehicle and, without limiting the generality of the foregoing, includes the repair, replacement or reconditioning of mufflers, exhaust systems, shock absorbers, transmissions, gears, brakes, clutch assemblies, steering assemblies, radiators, heating or cooling systems, ignition systems, tires, wheels, windshields, windows and other mechanical or electrical parts of systems, the installation of undercoating, engine tuning, lubrication and engine conversion or replacement and includes the sale of automobiles ancillary to automobile repair garage functions, but does not include an automobile body shop, an impounding yard, an automobile service station or a gas bar.(z.-i-g3i50) For the purpose of this

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definition, bodies, tri

Site Plan,

Proposed

Propose1 to define


'le shall not include motorized construction equipment, farm equipment, truck ctors or tractor trailers".

nq existinq conditions and proposed Darkinq sDaces

'Ian with Enhanced Landscaping Enhanced plantings separating use from Church to the north

XLwm m K I u 1 , -

l - - - - * a 4 -e,> -i

Enhanced plantings in MAIN STREET - Boulevard k

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P R E ~ R E ~ BY:

J CRAIG SMITH PLANNER IMPLEMENTATION

2-7473 J. Craia Smith

SUBMllTED BY:

#*7 ' L A .

FLEMING MCIP, RPP/

- Is the Use AmroDriate at This Site? Yes. An automotive services station has existed on this site since 1955. The automobile service station has had an existing repair garage use on the site. The automobile repair garage has provided for automobile repair service to the community of Lambeth since 1955. Prior to the passing of Zoning By-law 2.-1-051390, automobile repair garages were permitted without fuel sales; also business licenses have been issued to operate a public garage on this site up to 2005. The inclusion of the automobile repair garage use will allow for the continuation of automobile repair on this site. No new use is being added and no new adverse impacts will be created. The zoning amendment will allow for a use that has traditionally operated from this site to continue, but in the absence of fuel sales. The building exists on site as a purpose-built automobile repair garage. The proposed amendment will allow for the utilization of the existing vacant building. The applicant is prepared to work with Site Plan Control Staff to provide for enhanced landscaping on the site.

Design The property is located on the northeast corner of Colonel Talbot and Main Street. The intersection is a prominent gateway for vehicles entering the City from the southwest. The site has existed as a service station providing automobile service uses for over 50 years. The site has been left vacant since 2005. Currently there is no curbing or landscaping separating the parking area and the street. Large cement bollards are currently located across both entrances preventing access onto the site. The applicant is working with the City of London Site Plan Control Department to provided enhanced landscaped design. By allowing the site to be occupied with a viable use with enhanced curbing and landscaping will visually improve the site, which will visually improve this gateway intersection.

Environmental Enaineerina Services Deaartrnents Comments EESD, through their comments, indicated the site is currently not connected to municipal sanitary services. A holding provision has been added requiring that the site be connected to municipal services when they become 'available. Building permits or site plan approval is not required to operate an automobile repair garage from this site as the existing structure is used and no new development is proposed. Further issues raised by EESD in their comments will be incorporated into the site plan approval process when required.

Conclusion The automobile repair use within the existing building is appropriate on this site as no new use or impacts are proposed. The amendment will allow for a use that is permitted in the Official Plan, and will utilize an existing vacant automobile repair garage. The applicant is prepared to enter into an undertaking to provide curbing and enhanced plantings which provide improvements on the existing vacant lot. The holding provision will ensure the propertv will be . . . connected to municipal services when they become available in the area. 1 - a1

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Bibliography of Information and Materials 2-7473

Reauest for Amroval: City of London Zoning By-law Amendment Application Form, completed by Mariusz Wojciechowski, November 22,2007

Reference Documents: Ontario. Ministry of Municipal Affairs and Housing. Provincial Policy Statement, March 1, 2005.

City of London. Official Plan, June 19, 1989, as amended

City of London. Zoning By-law No. Z.-I, May 21, 1991, as amended

Township of Westminster. Zoning By-law TWP 2000, July 1983 as amended.

CorresDondence: (all located in City of London File No. 39T-07503 unless otherwise

City of London - Environmental and Engineering Services Department. Memo to J. Craig Smith. January 7, 2008.

Site Plan and Control Department. Emails from Bruce Henry, November 2007 to January 2008

UTRCA - UTRCA. Letter to J. Craig Smith. December 3, 2007

Other Agencies - Doyle, R.O., London Hydro. Memo to J. Craig Smith. December 3, 2007.

Other: Site visit January 18, 2008



Bill No. (number to be inserted by Clerk's Office) 2008

By-law No. 2.-1-08

A by-law to amend By-law No. 2.-1 to rezone an area of land located at 2547 Main Street.

WHEREAS M-Ski Automotive has applied to rezone an area of land located at

AND WHEREAS this rezoning conforms to the Official Plan;

THEREFORE the Municipal Council of The Corporation of the City of London

2547 Main Street, as shown on the map attached to this by-law, as set out below;

enacts as follows:

Schedule "A" to By-law No. Z.-1 is amended by changing the zoning applicable to lands located at 2547 Main Street, as shown on the attached map comprising part of Key Map No.157, from a Business District CommerciaVService Station (BDCISSI) Zone to a Holding Business District Cornmercial/Service Station (h.-I 7*BDC/SS3) Zone.

The inclusion in this By-law of imperial measure along with metric measure is for the purpose of convenience only and the metric measure governs in case of any discrepancy between the two measures.

This By-law shall come into force and be deemed to come into force in accordance with section 34 of the Planning Act, R.S.O. 1990, c. P.13, either upon the date of the passage of this by-law or as otherwise provided by the said section.

PASSED in Open Council on, 2008

Anne Marie DeCicco-Best Mayor

Kevin Bain City Clerk

First Reading -, 2008 Second Reading -, 2008 Third Reading -, 2008

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AMENDMENT TO SCHEDULE "A" (BY-LAW NO. 2.-1)

File Number: 2-7473

Planner: CS

Date Prepared: 2008/01/15

Technician: CK By-Law No: Z.4-

SUBJECT SITE

SCALE 1:316a

0 100 Meters I lo-

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