Agenda Item # Page # I 1 -

TO:

I

02-72311L. MOTTRAM

CHAIR AND MEMBEkS - PLANNING COMMITTEE

GENERAL MANAGER OF PLANNING AND DEVELOPMENT FROM: I R. W. PANZER II

SUBJECT: APPLICATION B Y DbMAN DEVELOPMENTS INC. WEST SIDE OF HYDE PARK ROAD, BETWEEN HYDE PARK ROAD AND

THE SOUTHERLY EXTENSION OF BLUE HERON DRIVE PUBLIC PARTICIPATION MEETING ON

MONDAY JANUARY 29,2007 @ 4 3 0 P.M. I1 RECOMMENDATION

That, on the recommendation of the General Manager of Planning and Development, the following actions be taken with respect to the application of Doman Development Inc. relating to lands located on the west side of Hyde Park Road! between Hyde Park Road and the southerly extension of Blue Heron Drive:

the request to amend the Official Plan to change the designation of the subject property from Light Industrial to Restricted Service Commercial BE REFUSED; and

the request to amend Zoning By-law No. 2.-1 to change the zoning of the subject property from Light Industrial Special Provision (LII (7)ILl4) to a Restricted Service CommerciaVLight Industrial (RSCl/RSC2/RSC4/LI1(7)/LI4) which would permit such uses as automobile repair garages, automobile sales and service establishments, home improvement and furnishing stores, repair and rental establishments, service and repair establishments, pharmacies, convenience stores, financial institutions, personal service establishments, restaurants, and video rental establishments, in addition to the present permitted uses BE REFUSED.

the proposed by-law attached hereto as Appendix "A" BE INTRODUCED at the Municipal Council meeting on February 5, 2007 to amend the Official Plan to change the designation of the east portion of the subject lands fronting Hyde Park Road from Light Industrial to Restricted Service Commercial; and

the proposed by-law attached hereto as Appendix "B" BE INTRODUCED at the Municipal Council meeting on February 5, 2007 to amend Zoning By-law No. Z.-1 (in conformity with the Official Plan, as amended in part (c) above) to change the zoning of the east portion of the subject lands fronting Hyde Park Road FROM a Light Industrial Special Provision (LII (7)/L14) Zone TO a holding Restricted Service Commercial/Light Industrial (h-57.RSCl/RSC4/RSC5/Lll(7)/LI4) Zone to permit such uses as automobile repair garages, automobile sales and service establishments, home improvement and furnishing stores, repair and rental establishments, service and repair establishments, convenience stores, financial institutions, personal service establishments, restaurants, video rental establishments, building or contracting establishments, building supply outlets, nursery and garden stores, bulk sales establishments, support offices, and wholesale establishments, in addition to the present permitted uses; with a holding provision to ensure the adequate provision of sanitary treatment capacity at the Oxford Pollution Control Plant.

PREVIOUS REPORTS PERTINENT TO THIS MATTER

See reports from the General Manager of Planning and Development to Planning Committee on May 14, 2001 and August 30, 2004 regarding applications by Doman Developments Inc. for amendments to the Official Plan and zoning by-law.

1

Agenda Item # Page # 'm

02-7231lL. MOTTRAM

PURPOSE AND EFFECT OF RECOMMENDED ACTION

The purpose and effect of the recommended action is to refuse the application request which would result in redesignation and rezoning of the entire subject site. It is recommended that the redesigation and rezoning apply only to the easterly portion of the subject lands in order that future commercial development is oriented to Hyde Park Road and not the interior lands. The recommended amendments are consistent with the land use designation and zoning of the lands to the north, and represent a southerly extension to the future North Routledge Park and Hyde Park Road intersection.

RATIONALE

1. The application request to amend the Official Plan and zoning by-law over the whole of subject lands is not considered appropriate.

The requested Restricted Service Commercial designation should be maintained to the same depth as the lands to the north which front on Hyde Park Road. The Light Industrial designation should be maintained on the interior half of the subject lands which front on Blue Heron Drive.

3. The recommended amendments will ensure the orientation of future development to Hyde Park Road, encourage development which is in keeping with the scale and character of the streetscape, and discourage large format retailers and power centre developments which are directed to the southeast and northeast quadrants of Hyde Park Road and Fanshawe Park Road.

2.

BACKGROUND I1

II 11 Date Application Accepted: August 30, 2006 I Agent: n/a

REQUESTED ACTION: An amendment to the Official Plan to change the land use designation from Light Industrial to Restricted Service Commercial, and an amendment to the zoning by-law to change the zoning from Light Industrial Special Provision (L11(7)/L14) to Restricted Service CommerciaVLight Industrial (RSCl/RSC2/RSC41LI1(7)/LI4). The reauested action amlies to two blocks within a draft armroved Dlan of subdivision on the west 11 side of Hyde Park Road, and east of the southerly extension oi Blue Heron Drive.

SITE CHARACTERISTICS: Current Land Use -vacant

Shape - regular

Frontage - 300 metres (984 ft.) Depth - 164 metres (538 ft.) Area - 4.7 hectares (1 1.6 acres)

SURROUNDING LAND USES:

North - commercial/light industrial South -vacant East - omn sDace/residential

2

( 0 metres 250 I 500 I

LOCATION MAP Subject Site: Hyde Park Rd Planner: LM

Applicant: Doman Developments Inc. Created By: Im

Roll Number: n/a Date: 10/3/2006

File Number: 02-7231 Scale: 1: 5000

CORPORATION OF THE CITY OF LONDON Prepared By: PD - Planning

LEGEND O S u b j e c t Site Buildings

Water Addresses

Draft Approved

E:2red Interim Parcels Park

Parcel

Agenda Item # Page # -I-----

"

02-7231lL. MOTTRAM

OFFICIAL PLAN DESIGNATION: (refer to map on page 5)

Light Industrial

EXISTING ZONING: (refer to map on page 6)

Light Industrial Special Provision (LII (7)/L14)

PLANNING HISTORY I The Doman Development Inc. lands are located on the west side of Hyde Park Road, north of Gainsborough Road, within the Hyde Park Planning District. This area was part of the former Township of London that was annexed by the City of London in 1993. The applicant's lands are also part of an industrial plan of subdivision draft approved by the Ministry of Municipal Affairs and Housing in 1978 (File 39T-78066). Several extensions to draft approval were granted by the Minister of Municipal Affairs and later by the City of London. The most recent extension was granted by City Council on April 5, 2004 for a period of three (3) years, with the expiry date being April 7, 2007. Doman Developments Inc. has recently filed a request for a further extension of draft plan approval.

The draft subdivision plan, comprising an area of approximately 32 hectares (79 acres), is made up of twelve (12) industrial blocks, one (1) stormwater management block, three (3) new streets, and other incidental blocks including one foot reserves, daylighting triangles, road widenings, and easements. The lands which are the subject of the current Doman Developments Inc. application comprise Blocks 1 and 2 of the draft approved plan of subdivision.

Previous requests to extend draft approval were granted in anticipation of a planned extension of a sanitary sewer outlet to service the area. The subdivision is now serviced by the Hyde Park Trunk Sanitary Sewer constructed in 2003. It extends in an easterly direction from the former CN Rail spur line corridor, along the alignment of North Routledge Park Road, north along Blue Heron Drive, and east (along the north boundary of the subdivision) to Hyde Park Road. The trunk sewer also services the First London North Developments Ltd. commercial properties on the east side of Hyde Park Road. Portions of the Doman Developments subdivision are now in the process of being registered, including the stormwater management block and a road dedication block to extend Blue Heron Drive approximately 150 metres south.

In May 2001, Municipal Council adopted zoning amendments to permit a range of "hi-tech industrial uses that would be developed to a higher design standard than typical light industrial uses (File 2-6058). Specialized industries such as electrical and electronic product industries would be permitted, in addition to a wide range of industrial and limited range of commercial uses under the Light Industrial (LlllL14) Zone category. This amendment was consistent with policies in the Official Plan and the Hyde Park Community Plan which supported the development of a prestige industrial area with a higher degree of office-based light industrial uses and higher design standards.

In September 2004, Municipal Council adopted another zoning amendment to broaden the range of permitted uses to include medical/dental offices, clinics, and day care centres (File 2-6699). Part of the planning rationale for recommending approval was that it would support and complement future development, help make the area attractive to businesses, and help establish "hi-tech firms which were targeted for this area. Special zone regulations were also recommended and approved to control the size and scale of office development. The lands which are the subject of this application, which are zoned Light Industrial Special Provision (LII (7)/L14), are subject to a total gross floor area for all office uses per building of 5000 square metres (53,819.5 sq.ft.) maximum.

4

LEGEND

DOWNTOWN AREA

REGIONAL SHOPPING AREA

COMMUNITY SHOPPING AREA

NEIGHBOURHOOD SHOPPING AREA

ASSOCIATED SHOPPING AREA COMMERCIAL

BUSINESS DISTRICT

ARTERIAL MIXED USE DISTRICT

HIGHWAY SERVICE COMMERCIAL

RESTRlCTEDlHlGHWAY SERVICE COMMERCIAL

RESTRICTED SERVICE COMMERCIAL

COMMERCIAL POLICY AREA

MULTI- FAMILY, HIGH DENSITYRESIDENTIAL

MULTI ~ FAMILY', MEDIUM DENSITY RESIDENTIAL

61 LOW DENSITY RESIDENTIAL

0 DEFERRED AREAS

--, AREAS GIIL] OFFICEAREA L - .I UNDER APPEAL

OFFICE/RESIDENTIAL

a OFFICE BUSINESS PARK

GENERAL INDUSTRIAL

LIGHT INDUSTRIAL

REGIONAL FACILITY

COMMUNITY FACILITY

OPEN SPACE

URBAN RESERVE - COMMUNITY GROWTH

URBAN RESERVE - INDUSTRIAL GROWTH

RURAL SETLEMENT

ENVIRONMENTAL REVIEW

0 AGRICULTURE

& URBAN GROWTH BOUNDARY

THIS IS AN EXCERPT FROM THE PLANNINQ DIVISION'S WORKING CONSOLIDATION OF SCHEDULE A TO THE CITY OF LONDON OFFICIAL PLAN, WITH ADDED NOTATIONS

FILE NO.

02-7231 M MAP PREPARED

CITY OF LONDON DEPARTMENT OF PLANNING AND D E L O P M E N T

OFFICIAL PLAN SCHEDULE A - LAND USE

December 14,2006

16M) m

COUNCIL APPROVED ZONING FOR THE SUBJECT SITE: L11(7)/L14

1) LEGEND FOR ZONlNG BY-LAW Z-7 R1 SINGLE DETACHED DWELLINGS R2 ~ SINGLE AND TWO UNIT DWELLINGS R3 ~ SINGLE TO FOUR UNIT DWELLINGS

DA . DOWhTOWN AREA HSA - REG.OhAL SrlDPPlNG AREA CSA - COMMJNITY SHOPPING AREA NSA - NEiGHEOURHOOD SHOPPING AREA EDC -BUS NESS DISTRICT COMMERCIA- AC . ART ERIAL COMMERCIAL h S .I.I GhWAY SERVICE COMMERCIAL RSC - RESTRICTED SERVICE COMMERCIAL CC . CONVENIEhCE COMMERCIAL SS -AUTOMOBILE SERVICE STATION ASA -ASSOCIATED SHOPPING AREA COMMERCIAL

.-

2, I::;.~:'! * ANNEXEDAREAAPPEALEDAREAS

OR - OFFlCElRESlDENTlAL OC OFFICE CONVERSION 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 ~ HEAW INDUSTRIAL EX -RESOURCE EXTRACTIVE UR -URBAN RESERVE

AG -AGRICULTURAL AGC - AGRICULTURAL COMMERCIAL RRC -RURAL SElTLEMENT COMMERCIAL TGS -TEMPORARY GARDEN SUITE

*n' -HOLDING SYMBOL "CY -DENSITY SYMBOL "H" . HEIGrlT SYMEOL " E -EDNUS SYMBOL

__

FILE NO:

02-7231 LM

200611 211 4 CK

CITY OF LONDON

MAP PREPARED: DEPARTMENT OF PLANNING AND DEVELOPMENT

1:5000

100 Meters 0 - @ ZONING BY-LAW NO. 2.-I

SCHEDULE A THIS MAP IS AN UNOFFICIAL WRACT FROM THE ZONING BY-LAW WITH ADDED NOTATIONS

Agenda Item # Page #

PUBLIC LIAISON:

02-7231lL. MOTTRAM

Notice of application to amend the Official Plan and zoning by-law was sent to 9 surrounding property owners on October 3, 2006. A notice appeared in the "Living in the City" section of the London Free Press on Saturday October 7, 2006.

2 replies received

SIGNIFICANT DEPARTMENTIAGENCY COMMENTS I1 The Environmental and Engineering Services Department (EESD) reports:

These lands are currently within draft plan of subdivision 39T-78066. Access for these lands is intended to be through the internal subdivision streets identified in this draft plan of subdivision. EESD is not in favour of any full access to Hyde Park Road for the subject sites. Therefore, the internal subdivision streets must be constructed prior to any development on these properties taking place.

In consideration of the change in zoning from light industrial to service commercial, a traffic study will be required to determine the impact development will have along Hyde Park Road. This study must be based upon the requirements outlined in The Traffic Impact Study Guideline document available in the Transportation Planning & Design Division.

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

A holding provision should be placed on the subject lands which addresses the lack of sanitary treatment capacity at the Oxford Pollution Control Plant.

The applicant will be required to follow the criteria identified in the Functional Design Report for Stormwater Management (SWM) Facility No. 4 - Hyde Park. In addition the SWM facility must be constructed and operation prior to development on the subject lands.

Engineering analysis may be required by the developer to determine the extent of external waterworks that may be required, satisfactory to the General Manager of Environmental and Engineering Services and the City Engineer. In addition the watermain along Blue Heron should be extended from the north to service this development.

We recommend that appropriate holding provisions be applied to the subject lands to address the above servicing concerns.

These, among other issues may be addressed in greater detail as necessary through future applications such as the subdivision approval process and the site plan approval process.

The Ministry of Municipal Affairs and Housing reports:

The decision of the City respecting the proposed amendments must be consistent with the policies in the Provincial Policy Statement, 2005 (PPS). Specifically, the decision of the City must be consistent with the policies in Section 1.3 dealing with employment areas, given the subject lands are currently designated for industrial development. Section 1.3.2 of the PPS states the following with respect to the conversion of employment lands to non- employment uses.

"Planning authorities may permit conversion of lands within employment areas to non- employment uses through a comprehensive review, only where it has been demonstrated that the land is not required for employment purposes over the long term and that there is a need for the conversion."

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Agenda Item # Page # ,'

02-7231lL. MOTTRAM

Responses: Two written replies were received. One letter was an inquiry received by representatives for the owners of the existing shopping centre property on the east side of Hyde Park Road. It indicated that they have an interest in this application and that there is insufficient information to provide substantive comments, and requested further information and notification of any future Planning Committee and Council meetings.

The second letter was to advise of surface flooding and drainage problems being experienced by the owner of the property at 1867 Blue Heron Drive, adjacent the applicant's lands.

ANALYSIS

Existinq Situation

The lands affected by the Doman Developments Inc. application are currently designated as "Light Industrial". The City's planning policies under this designation permit primarily industrial activities that involve assembling, fabricating, manufacturing, processing and/or repair activities; are located within enclosed buildings; require only a limited amount of outdoor storage; and are unlikely to cause adverse effects with respect to air, odour or water pollution, or excessive noise levels. Other types of permitted uses include research and communications facilities; printing and publishing establishments; warehouse and wholesale outlets; technical, professional and business services such as architectural, engineering, survey or business machine companies; service trades; and contractor's shops that do not involve open storage. Offices ancillary to the above uses are also allowed.

In Hyde Park, a specific area policy under Chapter 10 of the Official Plan applies in conjunction with the Light Industrial land use designation, and reads as follows:

Ixxii) In the Light Industrial designation on the west side of Hyde Park Road, between Gainsborough Road and Fanshawe Park Road W., it is expected over the long term that the existing industrial area and vacant lands will develop as a prestige industrial area with a higher degree of office-based light industrial uses with higher design standards.

The specific area policy came about through the Hyde Park Community Plan process and by the participation of the developer who at the time was preparing plans for a high tech office and up- scale light industrial business park (Hyde Park Corporate Campus). The recommendation in the community plan to encourage a higher standard of development and allow more office-based uses in this industrial subdivision is implemented though this Official Plan policy and through the zoning by-law amendments adopted by Municipal Council in 2001 and 2004.

Official Plan

The application request to amend the Official Plan to redesignate the subject lands (Blocks 1 8, 2 of draft subdivision plan 39T-78066) from Light Industrial to Restricted Service Commercial has been reviewed in accordance with Section 4.6.6. -Applications to Expand or Add Service Commercial Areas. The policy is summarized as follows:

Criteria i) Compliance with the appropriate policies on form, function, permitted use, location, and scale of development.

The following excerpt from Section 4.6.1. describes the function of the Restricted Service Commercial land use category:

"Areas designated Restricted Service Commercial are intended to be developed for a limited range of commercial uses that require sites that are large enough to accommodate extensive, open or enclosed display or storage areas; or sites that are removed from residential or other sensitive land uses that may be adversely affected by noise, odour, traffic, visual, or other nuisance impacts associated with the service commercial use. While providing for a limited amount of retail development, the Restricted Service Commercial designation will not accommodate retail activities that are intended for the Downtown, Shopping Area or Associated Shopping Area Commercial designations."

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Agenda Item # Page # -7

02-7231lL. MOTTRAM

The subject lands are large enough to accommodate the display and storage area requirements of restricted commercial and light industrial activities. The site is also sufficiently removed from residential or other sensitive land uses. Surrounding lands to the north consist of small, free standing commercial businesses and multi-tenant commercial developments. These lands are designated and zoned Restricted Service Commercial along the Hyde Park Road frontage, with light industrial development fronting Blue Heron Drive on the interior. Lands to the west are designated and zoned for future light industrial development; lands to the south are designated and zoned for future Business District Commercial development: and lands to the east are designated Open Space.

Planning staff recommend that the Restricted Service Commercial designation be maintained to the same depth as the lands to the north which front on Hyde Park Road, and that the Light Industrial designation be maintained on the interior half of the subject lands which front on Blue Heron Drive. This will ensure the orientation of future development to Hyde Park Road and eliminate the potential for attracting commercial development and traffic to the interior. It will also encourage development which is in keeping with the scale and character of the streetscape, and distinguish it from the large format retailers and power centre developments in the southeast and northeast quadrants of Hyde Park Road and Fanshawe Park Road.

The following excerpt from Section 4.6.2. provides a list of permitted uses within the Restricted Service Commercial designation as follows:

"Permitted uses within Restricted Service Commercial areas include sale of seasonal produce; automotive uses; building supply outlets and hardware stores; furniture and home furnishing stores; warehouse and wholesale outlets; nursery and garden stores; animal hospitals or boarding kennels; light industrial uses which have ancillary retail, wholesale or service functions; construction and trade outlets; repair, service and rental establishments; service trades; commercial recreation establishments; assembly halls and private clubs; similar types of uses that require large, open or enclosed display or storage areas; funeral homes; and service commercial uses which may not be suitable in other land use designations by reason of potential nuisance impacts on adjacent land uses."

A range of secondary uses which serve employees of the Restricted Service Commercial area or adjacent industrial areas may also be permitted and include such uses as eat-in restaurants, convenience commercial uses, day care centres, and medicalldental offices and clinics. Several of these uses are already permitted under the existing zoning. Restricted Service Commercial uses are quasi-industrial by their nature, for instance warehouses and wholesale outlets. They are allied to some extent and share characteristics with the Light Industrial designation in terms of land use compatibility.

The following excerpt from Section 4.6.3 summarizes the relevant location criteria as follows:

"Restricted Service Commercial areas shall include lands of suitable depth, size and accessibility to accommodate the permitted uses and shall be located either:

a) in areas which are situated on arterial or primary collector roads adjacent to industrial areas; or,

b) at locations on major roads which are separated from existing or planned residential development or other sensitive land uses by physical barriers, intervening land uses or buffer provisions that are sufficient to offset potential nuisance impacts."

The subject lands front on Hyde Park Road which is classified as an Arterial Road, and abut lands planned for future industriaVoffice business park development to the west. The nearest planned residential development is on the east side of Hyde Park Road, south of a 3.6 hectare wooded area and wetland which lies opposite the subject lands. There is considered to be sufficient land use separation and intervening uses to offset any potential nuisance impacts.

The following excerpts from Section 4.6.4. summarizes the relevant scale and form criteria:

"Height i) Service commercial areas shall have a low-rise development form. The actual height restrictions for Service Commercial areas will be detailed in the Zoning by- law."

The maximum height limitation in the recommended zoning is 12 metres (39.4 ft.) which is considered low-rise and comparable to a 3-4 storey building, and comparable to zoning height restrictions in the surrounding area.

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Agenda Item # ;;;I 02-7231lL. MOTTRAM

"Size Limits Shopping Centres & Individual Uses ii) It is not intended that retail shopping centres, or large scale retail uses, be

located in the Restricted Service Commercial designation as these facilities should be directed to the Downtown Area and the Regional and Community Shopping Areas ... .."

The City's Official Plan directs shopping centre and large scale retail uses to the Fanshawe Park/Hyde Park Commercial Policy Area. This area on the east side of Hyde Park Road, north and south of Fanshawe Park Road, was planned to function as a major regional commercial node and consists of such recently completed developments as Sam's Club, Wal-Mart, Canadian Tire, and Future Shop as stand alone uses combined with multi-tenant power centres.

"Access iii) Access points to arterial or primary collector roads shall be limited to the minimum number necessary for the functioning of a proposed service commercial use. Access points will be controlled to minimize disruption to traffic flow, and may also be limited through requirements for common driveways and manoeuvrability between sites. .. ._"

The response from the Engineering and Environmental Services Department indicated they were not in favour of any full access to Hyde Park Road for the subject site. The main access to the subject site would then be from North Routledge Park with secondary access to Blue Heron Drive. The applicant will need to discuss with EESD if there are any opportunities for limited access on Hyde Park Road, such as a rights inlrights out access. A traffic study will also be required to determine the impact development will have along Hyde Park Road.

"Site Area and Frontage iv) Substantial site area and frontage requirements may be applied through the

Zoning By-law to provide for the development of large sites to accommodate single purpose, free-standing buildings, or to require the clustering of smaller uses in an integrated form with common driveways and parking areas. Lesser frontage and site area requirements may be applied in largely developed Service Commercial areas where the remaining non-commercial uses are situated on small lots."

The Restricted Service Commercial zoning regulations require a minimum lot frontage of 30 metres under the RSCl and RSC4 Zone variations, and 45 metres under the RSC5 Zone variation. The minimum lot depth for all RSC Zones is 60 metres. It is recommended that the zoning be established at a depth which is consistent with the depth of the Restricted Service Commercial (RSClIRSC4IRSC5) Zone to the north, which is approximately 80 metres (263 ft.).

Servicing ii) The availability of municipal services to accommodate the proposed use.

The response from Engineering and Environmental Services (EESD) indicated that a holding provision should be applied which addresses the lack of sanitary treatment capacity at the Oxford Pollution Control Plant. The holding (h-57) provision is recommended to ensure that there is adequate provision of sanitary treatment capacity at the pollution control plant. The "h- 57" symbol shall not be deleted until an allocation for treatment capacity at the Oxford Pollution Control Plant has been made by the City Engineer.

The EESD comments advised that the stormwater management facility must be constructed and in operation prior to development on the subject lands. Engineering analysis may be required by the developer to determine the extent of external waterworks that may be required. In addition, the watermain along Blue Heron should be extended from the north to service this development.

Alternative Lands iii) The availability of alternative undeveloped Service Commercial within

the general vicinity that may be appropriate for the proposed use.

A significant amount of land, approximately 50 hectares (124 acres), at the northeast and southeast quadrants of Fanshawe Park Road and Hyde Park Road is planned for commercial retail development. These lands have been specifically identified and designated as a Commercial Policy Area in the Official Plan because of their function as a regional commercial

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Agenda Item # Page #

7

QZ-7231IL. MOTTRAM

node. The area is presently building out and their remains some vacant parcels which are expected to be developed in the near future.

The amount of land which is designated Restricted Service Commercial in the Hyde Park Road and Fanshawe Park Road area was calculated to be approximately 26 hectares (64 acres). Much of this land was previously developed when these lands were within the former Township of London. There is very little vacant, designated lands currently available in the Hyde Park area.

Planning Impact Analysis iv) Planning Impact Analysis according to the provisions of Section 4.8.

The criteria under Section 4.8.2. (i) has been reviewed with respect to compatibility, size and shape of parcel, supply of vacant land, and potential traffic generated by the proposed change. The main concern is traffic on Hyde Park Road which is already heavily congested. The addition of more commercial lands is expected to contribute to increases in traffic drawn to the Fanshawe ParWHyde Park Commercial Area. The recommended redesignation and rezoning to a portion of the subject lands, rather than to the entire site, is intended to achieve a level of use and intensity which minimizes potential traffic impact. In consideration of the change in zoning from light industrial to service commercial, a traffic study will be required to determine the impact development will have along Hyde Park Road. This study must be based upon the requirements outlined in The Traffic Impact Study Guideline document available in the Transportation Planning & Design Division. It will be required prior to site plan and development approval.

Zoning

The recommended Restricted Service Commercial RSClIRSC4IRSCS Zone is the same zone variation which exists on the lands to the north. Effectively, this rezoning would represent a southerly extension of that zone along the Hyde Park Road frontage south to the future North Routledge Park and Hyde Park Road intersection.

The range of permitted uses under the RSCI/RSC4 Zone variation includes such uses as automobile repair garages, automobile sales and service establishments, home improvement and furnishing stores, repair and rental establishments, service and repair establishments, convenience stores, financial institutions, personal service establishments, restaurants, and video rental establishments. The range of uses under the RSC5 Zone variation includes such uses as bakeries, building or contracting establishments, building supply outlets, nursery and garden stores, bulk sales establishments, support offices, wholesale establishments, and brewing on premises establishments. With the RSC5 Zone being added, it is recommended that the requested RSC2 Zone be refused. This zone permits such retail activities as pharmacies and liquor, beer and wine stores which are high frequency traffic generators.

The recommended zoning will permit a range of uses in addition to those uses presently permitted under the Light Industrial (Lll(7) /L14) Zone. It is not recommended that the existing zoning be removed; however, it should be compounded with the recommended RSC zone variations. This will provide the subdivider with the option to develop the site for light industrial and office uses as originally proposed, as well as having the ability to respond to changing market conditions and to develop some of the lands for Restricted Service Commercial uses along the Hyde Park Road frontage.

Provincial Policy Statement

The Ministry of Municipal Affairs and Housing response indicated that the City must be consistent with the policies in Section 1.3 of the Provincial Policy Statement dealing with employment areas, given the subject lands are currently designated for industrial development. Section 1.3.2 of the PPS states the following with respect to the conversion of employment lands to non-employment uses.

"Planning authorities may permit conversion of lands within employment areas to non- employment uses through a comprehensive review, only where it has been demonstrated that the land is not required for employment purposes over the long term and that there is a need for the conversion."

Planning staff have reviewed the policies in the PPS and have consulted with Ministry staff for interpretation and clarification with respect to the policies and this application. Given the close

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Agenda Item # Page #

02-7231lL. MOTTRAM

parallels between the Light Industrial and Restricted Service Commercial land use designations, the recommended amendments would not necessarily represent a conversion or change the status of this area as an "employment area" which is defined in the PPS as "those areas designated in an official plan for clusters of business and economic activities including, but not limited to, manufacturing, warehousing, offices and associated retail and ancillary facilities." Therefore, staff are of the opinion that the recommended amendments are consistent with the Provincial Policy Statement.

CONCLUSION I Based on our review of the Doman Developments Inc. application, it is recommended that the application request which would result in redesignation and rezoning of the entire subject site be refused. Instead, it is recommended that the redesigation and rezoning apply only to the easterly portion of the subject lands in order that future commercial development is oriented to Hyde Park Road, and not the interior of the industrial plan of subdivision. The recommended amendments are consistent with the designation and zoning of the lands to the north, and represent a southerly extension to the future North Routledge Park and Hyde Park Road intersection.

R. W. PANZER MCIP, RPP 11 GENERAL MANAGER OF PLANNING AND DEVELOPMENT I ( January 18,2007 RWPIJMFILMIlm "Attach." Y:\shared\implernen\rep&recs\2007\OZ-7231 .rep

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Page # Agenda Item #

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lsl 02-7231lL. MOlTRAM

Responses to Public Liaison Letter and Publication in “Living in the City”

Telephone Written

Wood Bull LLP on behalf of Calloway Real Estate Investment Trust Pat Schaffner / 1867 Blue Heron Drive

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Agenda Item #

02-72311L. MOTTRAM

Appendix "A"

Bill NO. (number to be inserted by Clerk's Office) 2007

By-law No. C.P.-1284--

A by-law to amend the Official Plan for the City of London, 1989 relating to lands located on the west side of Hyde Park Road, between Hyde Park Road and the southerly extension of Blue Heron Drive.

The Municipal Council of The Corporation of the City of London enacts as follows:

1. Amendment No. (to be inserted by Cleh's Office) to the Official Plan for the City of London Planning Area - 1989, as contained in the text attached hereto and forming part of this by-law, is adopted.

2. This by-law shall come into effect in accordance with subsection 17(38) of the PlanningAcf, R.S.O. 1990, c.P.13.

PASSED in Open Council on February 5, 2007

Anne Marie DeCicco-Best Mayor

Kevin Bain City Clerk

First Reading -February 5, 2007 Second Reading - February 5, 2007 Third Reading - February 5, 2007

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Agenda Item #

I

02-7231lL. MOTTRAM

AMENDMENT NO.

to the

OFFICIAL PLAN FOR THE CITY OF LONDON

A. PURPOSE OF THIS AMENDMENT

The purpose of this Amendment is:

1. To change the designation of certain lands described herein from Light Industrial to Restricted Service Commercial on Schedule "A", Land Use, to the Official Plan for the City of London.

6. LOCATION OF THIS AMENDMENT

1. This Amendment applies to lands located on the west side of Hyde Park Road, between Hyde Park Road and the southerly extension of Blue Heron Drive, in the City of London.

C. BASIS OF THE AMENDMENT

The amendment to the Official Plan to redesignate the subject lands (east half of Blocks 1 & 2 of draft subdivision plan 39T-78066) from Light Industrial to Restricted Service Commercial has been reviewed in accordance with Section 4.6.6. -Applications to Expand or Add Service Commercial Areas.

The subject lands are large enough to accommodate the display and storage area requirements of restricted commercial and light industrial activities. The site is also sufficiently removed from residential or other sensitive land uses. Surrounding lands to the north consist of small, free standing commercial businesses and multi-tenant commercial developments. These lands are designated and zoned Restricted Service Commercial along the Hyde Park Road frontage, with light industrial development fronting Blue Heron Drive on the interior. Lands to the west are designated and zoned for future light industrial development; lands to the south are designated and zoned for future Business District Commercial development; and lands to the east are designated Open Space.

The Restricted Service Commercial designation should be maintained to the same depth as the lands to the north which front on Hyde Park Road, and the Light Industrial designation should be maintained on the interior half of the subject lands which front on Blue Heron Drive. This will ensure the orientation of future development to Hyde Park Road and eliminate the potential for attracting commercial development and traffic to the interior. It will also encourage development which is in keeping with the scale and character of the streetscape, and distinguish it from the large format retailers and power centre developments in the southeast and northeast quadrants of Hyde Park Road and Fanshawe Park Road.

D. THE AMENDMENT

The Official Plan for the City of London is hereby amended as follows:

1. Schedule "A", Land Use, to the Official Plan for the City of London Planning Area is amended by designating those lands located on the west side of Hyde Park Road, east of the southerly extension of Blue Heron Drive, in the City of London, as indicated on "Schedule 1" attached hereto from "Light Industrial" to "Restricted Service Commercial".

15

AMENDMENT No.

LEGEND DOWNTOWN AREA REGIONAL SHOPPING AREA COMMUNITY SHOPPING AREA NEIGHBOURHOOD SHOPPING AREA ASSOCIATED SHOPPING AREA COMMERCIAL BUSINESS DISTRICT ARTERIAL MIXED USE DISTRICT HIGHWAY SERVICE COMMERCIAL RESTRICTED/HIGHWAY SERVICE COMMERCIAL RESTRICTED SERVICE COMMERCIAL COMMERCIAL POLICY AREA

DEFERRED AREAS

OFFICEAREA -- AREAS OFFlCElRESlDENTl AL OFFICE BUSINESS PARK GENERAL INDUSTRIAL LIGHT INDUSTRIAL REGIONAL FACILITY COMMUNITY FACILITY OPEN SPACE URBAN RESERVE - COMMUNITY GROWTH URBAN RESERVE - INDUSTRIALGROWTH RURAL SElTLEMENT

1- -1 UNDER APPEAL

~

MULTI -FAMILY, HIGH DENSITY RESIDENTIAL := ENVIRONMENTAL REVIEW

& URBAN G R O W BOUNDARY

MUL-1 -FAMILY, MEDIUM DENSITY RESIDENTIAL r - AGRICULTURE rj LOW DENSITY RESIDENTIAL

THIS IS AN EXCERPT FROM THE PLANNING DIVISION'S WORKING CONSOLIOATION OF SCHEDULE A TO THE CITY OF LONDON OFFICIAL PLAN, WITH ADDED NOTATIONS

FILE NO.

02-7231 LM MAP PREPARED

SCHEDULE 1 TO OFFICIAL PLAN AMENDMENT NO. .

PREPARED BY: Graphics a Information Servloes A L", , r ,Phl- l"hl . ,,-~,,ln,~ni.,.,n.*~"I.lnin^\^r^iP-.~;~-*"~" *$';"tokt""< ... ̂. ~ ~ - " ~ - , ~ ~ ~ " - - - ~ - ~ " . " ~ ~ - 7 - m . OI"".I-.--L^LILCI..** --I

December 14,2006 CK

--I 0 600 1000 1 m m

SCALE 1:30.000

b--+t

Agenda Item # Page # mr--

02-72311L. MOTTRAM

Appendix " 6

Bill NO. (numberto be inserted by Clerk's Office) 2007

By-law No. 2.-1-07

A by-law to amend By-law No. 2.-1 to rezone an area of land located on the west side of Hyde Park Road, between Hyde Park Road and the southerly extension of Blue Heron Drive.

WHEREAS Doman Developments Inc. have applied to rezone an area of land located on the west side of Hyde Park Road, between Hyde Park Road and the southerly extension of Blue Heron Drive, as shown on the map attached to this by-law, as set out below;

AND WHEREAS upon approval of Official Plan Amendment Number (number to be

THEREFORE the Municipal Council of The Corporation of the City of London enacts as follows:

Schedule "A" to By-law No. Z.-1 is amended by changing the zoning applicable to lands located on the west side of Hyde Park Road, between Hyde Park Road and the southerly extension of Blue Heron Drive, as shown on the attached map comprising part of Key Map No. 12, from a Light Industrial Special Provision (LII (7)/Ll4) Zone to a holding Restricted Service Commercial/Light Industrial (h-57.RSCI IRSC4IRSC5ILII (7)/L14) 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.

inserted by Clerk's Office) this rezoning Will Conform to the Official Plan;

PASSED in Open Council on February 5,2007

Anne Marie DeCicco-Best Mayor

Kevin Bain City Clerk

First Reading - February 5, 2007 Second Reading - February 5, 2007 Third Reading - February 5,. 2007

16

Agenda Item # Page#

AMENDMENT TO SCHEDULE "A" (BY-LAW NO. Z.-l1