File No: 2-7739council.london.ca/councilarchives/agendas/planning... · Agenda Item # Page # Date Application Accepted: December IO, 2009 File No: 2-7739 Planner: B. Debbert Committee

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FROM:

Agenda Item # Page #

R. W. PANZER GENERAL MANAGER OF PLANNING AND DEVELOPMENT

File No: 2-7739 Planner: B. Debbert

I

11 TO: CHAIR AND MEMBERS -PLANNING COMMITTEE

SUBJECT: APPLICATION BY: HARRY L. HERMANN 655 - 685 FANSHAWE PARK ROAD WEST

PUBLIC PARTICIPATION MEETING ON

RECOMMENDATION

That, on the recommendation of the General Manager of Planning and Development, based on the application of Harry L. Hermann relating to the property located at 655 - 685 Fanshawe Park Road West,

(a) the request to amend Zoning By-law No. 2.-1 to change the zoning of the subject property FROM a Restricted Service Commercial (RSCllRSC4) Zone which permits such uses as animal clinics; automotive uses; home and auto supply stores; bake shops; brewing on premises establishments; convenience stores; day care centres; home improvement and furnishing stores; kennels; repair, rental and service establishments; restaurants; studios; and taxi establishments, TO a Restricted Service Commercial Special Provision (RSCI( )lRSC4( )) Zone to permit medicalldental offices in addition to the above permitted uses, BE REFUSED for the following reasons: in addition to the requested medicaVdental office use, staff consider it appropriate to impose a cap on the amount of medical/dental floor area, and recognize the intent of the Committee of Adjustment Decision by applying a standard parking rate to the permitted uses within the existing buildings on the site, and,

the attached proposed by-law BE INTRODUCED at the Municipal Council meeting on March 29, 2010 to amend Zoning By-law No. Z.-1 in conformity with the Official Plan to change the zoning of the subject lands FROM a Restricted Service Commercial (RSCl/RSC4) Zone which permits such uses as animal clinics; automotive uses; home and auto supply stores; bake shops; brewing on premises establishments; convenience stores; day care centres; home improvement and furnishing stores: kennels; repair, rental and service establishments; restaurants; studios; and taxi establishments, TO a Restricted Service Commercial Special Provision (RSCI ( )/RSC4( )) Zone to permit medicalldental offices to a maximum gross floor area of 465 square metres (5,000 square feet) in addition to the above permitted uses, and apply a standard parking rate of 1 space per 20 square metres of gross floor area to permitted uses within the existing buildings on the site.

(b)

I I PREVIOUS REPORTS PERTINENT TO THIS MATTER I I None.

PURPOSE AND EFFECT OF RECOMMENDED ACTION

The recommended zoning by-law amendment would allow for the establishment of medical/dental offices at this location. The maximum floor area for medicalldental offices would be limited to 465 square metres (approx. 5,000 square feet), which is approximately 14 percent of the total floor area of the site. In keeping with the intent of the recent decision of the

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LOCATION MAP Subject Site: 655-685 FANSHAWE PARK ROAD WEST hpplicant: HERMANN, HARRY File Number: 2-7739 Planner: Barb Debbett Created By: Barbara Debbett Date: 2009-1 2-22 Scale: 12500

Corporation of the City of London Prepared By: Planning and Development

LEGEND Subject Site Parks Assessment Parcels Buildings Address Numbers


Date Application Accepted: December IO, 2009


Committee of Adjustment, a standard parking rate of 1 space per 20 square metres will be applied for all permitted uses within the existing four buildings on the site.

Agent: Harry. L. Hermann

1. The recommended zoning is consistent with the Provincial Policy Statement, as it is supportive of the promotion of economic development and competitiveness by providing for an appropriate mix and range of employment to meet long term needs. The recommended addition of the medicalldental office use is consistent with the Restricted Service Commercial policies of the Official Plan and Official Plan Amendment No. 438 (Five Year Review). The restriction of the medicalldental use, within the existing buildings, to a maximum gross floor area of 465 square metres, ensures the offices are small scale and supports a balance between the medicalldental uses, and the retail and other commercial uses on the site.

4. The standard parking rate recognises the intent of the recent decision of the Committee of Adjustment establishing a standard parking rate for the uses currently permitted on the site, and is appropriate for the proposed medical/dental use.

2.

3.

BACKGROUND 1

~~~~~

SITE CHARACTERISTICS:

Current Land Use - retail and office uses

Shape - irregular

Frontage - 165.3 metres (542.3 feet) on Fanshawe Park Road West

Depth -varies to a maximum of 152 metres (498.7 feet)

Area - 1.55 ha. (3.83 acres)

SURROUNDING LAND USES:

South - service/commercial/retail uses

East - commerciallretail plaza

North - Bell communications facility, single detached residential, restricted office uses

West - motel and restaurant, vacant commercial ana future multi-family residential

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Agenda item # Page #


OFFICIAL PLAN DESIGNATION: (refer to maps on pages 5 & 6)

Restricted/Highway Service Commercial (current OP)

Neighbourhood Commercial Node (OPA 438)

EXISTING ZONING: (refer to map on page 7)

PLANNING HISTORY

The subject site consists of three separate parcels that, collectively, have been the subject of numerous minor variance, site plan and building permit applications related to the changing needs and development of the site, Specific developments within the last ten years include the following:

- an addition to the furniture store (Michael Roberts) at 655 Fanshawe Park Road West in 2002;

- a change of use to permit The Toy Shoppe at 685 Fanshawe Park Road West in 2002;

- the construction of an enclosed walkway linking the buildings at 655 and 665 Fanshawe Park Road West (Michael Roberts and the former Registan Rugs) in 2003; and, the construction of a new building (Colour Your World Paint Store) on lands identified as 665 and 685, and newly addressed at 675 Fanshawe Park Road West in 2007.

Throughout this time, a common theme emerged regarding the availability of adequate parking to meet the minimum requirements for the site, based on variable parking rates applicable to individual uses. This resulted in several reconfigurations of the parking layout, and the consolidation of multiple properties in common site plans and development agreements to achieve shared parking.

In late 2009, an application for site plan approval was submitted that would combine all three properties (4 buildings) under one site plan and allow the removal of the enclosed walkway and the reconfiguration and addition of parking on the site. The site plan indicated that the proposed uses included a mix of restaurant, retail and financial institution uses. A minor variance application was submitted concurrently with the site plan application, to: apply the shopping centre parking rate of 1 space per 20 square metres for uses within the existing four buildings, having a total gross floor area of 3403 square metres, where the predominant use is not retail; to recognize a reduced rear yard setback for the existing structure; and to allow the parking area to be located closer to the front property line than is currently permitted.

The site plan application is currently under review. The minor variance application was originally scheduled for hearing on January 11, 2010 and was deferred to February 8, 2010 for a correction in the public notice. On February 8, the hearing was further deferred to February 22, 2010 to allow time for the applicant to continue resolving issues with the tenant of 685 Fanshawe Park Road West. The issues were related to the owner's lease arrangements with the tenant of 685 Fanshawe Park Road West, that directly affected the rights of the other tenants to use the parking areas on that property. Those issues having been resolved, the hearing was held on February 22, 2010 and the Committee of Adjustment approved the minor variance.

At the time of the writing of this report, no appeals to the Committee of Adjustment Decision were expected or received. The appeal period expires on March 15, 2010.

Other recent history includes the removal of the holding provision (h-17) in 2007 and 2008 with respect to the provision of adequate public services to the site.

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Agenda Itern X Pa e # L-lKl

CITY OF LONDON Department of

Planning and Development OFFICIALPLAN SCMEDLILEA

- LANDLISE-

PREPARED BY. -phi- and lnbrmatlon S e ~ e e s

FILE NUMBER 2-7739

B PLANNER: BD @le

Scale 1:30,000 TECHNICIAN: CMH m m 1m I _

Meten DATE: March 02,2010

PROJECT LOCATION e \p lann1ng\pro~ectr \p~o~cialplan\~~wnsolOO\excerpts\mxd~~empla~e~\~heduieA~b~w~~xl4 mxd

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I Legend Downtown Area

Enclosed Regional Commercial Node

New Format Regional Commercial Node

Community Commercial Node

Neighbourhood Commercial Node . ~~~ :: :; Main Street Commercial Corridor

Auto-Oriented Commercial Corridor

Multi-Family, High Density Residential

Multi-Family, Medium Density Residential

Low Density Residential

Office Area

Office/Residential

Office Business Park

General Industrial

Light Industrial

Regional Facility

Community Facility

@J Open Space

Urban Reserve -Community Growth

Urban Reserve - Industrial Growth

Rural Settlement

Environmental Review

Agriculture

Uml Urban Growth Boundary

h FILE NUMBER 2-7739 u.

CITY OF LONDON

BD Department of F Planning and Development PLANNER

SCHEDULE I Scale 1:30,000 TECHNICIAN: CMH n z m

TO OFFICIAL PLAN AMENDMENT NO. 438

PREPARE0 BY: Graphics and I n m a l o n Sew-* DATE: FEBRUARY 17,201

PROJECT LOCATION e : \ p l a n n i n g \ p r o ~ e c l s \ \ p _ a m c i a l p i ~ ~ ~ ~ ~ ~ ~ s o l O O \ ~ ~ ~ ~ ~ p l s \ m ~ d ~ l e ~ p l ~ t ~ ~ \ ~ c h e d ~ l e A ~ N E W ~ b ~ w ~ B x l 4 mxd

R1 - SINGLE DETACHED DWELLINGS RF - REGIONAL FACILITY R2 - SINGLE AND TWO UNIT DWELLINGS CF -COMMUNITY FACILITY R3 . SINGLE TO FOUR UNIT DWELLINGS NF - NEIGHBOURHOOD FACILITY R4 . STREETTOWHOUSE HER - HERITAGE R5 - CLUSTER TOWNHOUSE Dc -DAYCARE R6 - CLUSTER HOUSING ALL FORMS R7 -SENIORS HOUSING OS -OPEN SPACE R8 - MEDIUM DENSlTYlLOW RISE APTS CR - COMMERCIAL RECREATION R9 - MEDIUM TO HIGH DENSITYAPTS. ER -ENVIRONMENTAL REVIEW R10 -HIGH DENSITYAPARTMENTS R11 - LODGING HOUSE OB - OFFICE BUSINESS PARK

DA . DOWNTOW AREA GI -GENERAL INDUSTRIAL RSA - REGIONAL SHOPPINGAREA HI - HEAVY INDUSTRIAL CSA - COMMUNITYSHOPPINGAREA EX . RESOURCE EXTRACTIVE NSA . NEIGHBOURHOOD SHOPPING AREA UR - URBAN RESERVE BDC - BUSINESS DISTRICT COMMERCIAL AC -ARTERIAL COMMERCIAL AG -AGRICULTURAL HS - HIGHWAY SERVICE COMMERCIAL AGC -AGRICULTURAL COMMERCIAL RSC - RESTRICTED SERVICE COMMERCIAL CC -CONVENIENCE COMMERCIAL TGS .TEMPORARY GARDEN SUITE SS -AUTOMOBILE SERVICE STATION RT . RAILTRANSPORTATION ASA -ASSOCIATED SHOPPING AREACOMMERCIAL

LI -LIGHT INDUSTRIAL

RRC - RURALSElTLEMENTCOMMERClAL

" h .HOLDING SYMBOL " D .DENSITY SYMBOL " H .HEIGHT SYMBOL

2) ANNEXED AREAAPPEALEDAREAS " E -BONUS SYMBOL ''T -TEMPORARY USE SYMBOL

FILE NO:

2-7739 BD

MAP PREPARED: 2010 March 02 CM H

CITY OF LONDON DEPARTMENT OF PLANNING AND DEVELOPMENT

1:2,000 0 10 20 40 60 80

-Meters

e ZONING

SCHEDULE A

BY-LAW NO. Z.-1

mis MAP ISAN UNOFFICIALEXTRACT FROM THE ZONING ~Y-LAW\MMADDEDNOTATIONS



SIGNIFICANT DEPARTMENTIAGENCY COMMENTS I Enqineerina and Environmental Services Department

The City of London's EESD is concerned that parking may not be sufficient to cover all uses permitted through this rezoning.

London Hydro

No objection.

'UBLIC .IAISON:

On Janharv 11. 2010. Notice of ADDliCatlOn was sent to 35 ~. property owners in the surrounding area. Notice of Application was also published in the "Living in the City" section of the London Free Press on January 9,2010. A "Possible Land Use Change" sign was also posted on the site.

1 reply was received.

Nature of Liaison: The purpose and effect of this zoning change is to allow for medical/dental offices as ar additional use at this location.

Change the existing Restricted Service Commercial (RSCl/RSC4) Zone by adding i special provision to permit medicalldental offices, in addition to the currently permittec uses, including such uses as animal clinics; automotive uses; home and auto suppl) stores; bake shops; brewing on premises establishments; convenience stores; day care centres; home improvement and furnishing stores; kennels; repair, rental and service establishments; restaurants; studios; and taxi establishments.

The site is also the subject of an application for site plan approval (File No. SPO9- 030519) for site modifications. It is also subject to an application for a minor variance (File No. A.007/10) to allow: a reduction in the rear yard setback; shopping centre parking rate of 1 space per 20 square metres, where the predominant use is not retail, and to allow the parking areas to be located closer to the front property line than is currently permitted.

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File No: 2-7739 Planner: 6. Debbert

Responses:

The tenant at 685 Fanshawe Park Road West, The Toy Shoppe of London, Inc., objected to the proposed zoning by-law amendment on the basis that the introduction of the medical/dental uses would create a higher demand for the limited parking spaces that are available. The tenant provided an extract of a lease extension agreement entered into between The Toy Shoppe and the landowner prior to the construction of the Colour Your World Paint Store in 2007, indicating that "No customers, employees or invitees of the prospective tenant of the Proposed Building or any other tenants of the Landlord shall park their vehicles upon the Tenant's premises. At the request of the Tenant, the Landlord will obtain from such tenants a written acknowledgement to this effect and shall assist the Tenant in the enforcement of this parking restriction."

When the landowner was made aware of the nature of this objection, he commenced negotiations with The Toy Shoppe, resulting in a written withdrawal of the objection to the development of 655 to 685 Fanshawe Park Road West as proposed by the owner, and an acknowledgement that any parking located on its leased premises is available to the customers and clients of the proposed tenants at 655 to 685 Fanshawe Park Road, dated February 22, 2010.

ANALYSIS

Existina Situation:

The subject site consists of three properties located at the north-west corner of Fanshawe Park Road West and Wonderland Road North, having a total area of 1.55 ha. Both roads are classified as Arterial Roads. The site is serviced by 4 vehicular access points from Fanshawe Park Road West, and one vehicular access point from Wonderland Road North. The proposed site plan currently under review, would reduce the number of vehicular access points on Fanshawe Park Road West, from four to two. It also provides for significantly improved pedestrian connectivity to the intersection, in response to comments provided by the City's Urban Designer.

The site contains four commercial structures, the most recent addition to the site being the Colour Your World Paint Store at 675 Fanshawe Park Road West. The site is in transition with a vacancy at the former Registan Rug store and an imminent vacancy at the Michael Roberts Furniture store. Existing uses on the site include The Toy Shoppe, the paint store, and Allstate Insurance. The proposed site plan, submitted independently from this zoning by-law amendment application, indicates the spaces will be used for restaurant, retail and financial institution uses.

Nature of the ARRliCatiOn:

The applicant has requested the addition of the medicalldental office use to the list of permitted uses on the site. He has stated his intention that the maximum floor area to be used for a dental office is 279 square metres (3,000 square feet) and the maximum floor area to be used for a medical office is 167 square metres (1,800 square feet). Theses uses would be accommodated within the existing buildings on the site.

Provincial Policv Statement:

The Provincial Policy Statement contains goals and objectives for land use planning in the Province. As part of building strong communities, the PPS promotes economic development and competitiveness, by providing for an appropriate mix and range of employment, and providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses.

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Approval of the requested medicalldental uses in addition to the existing permitted uses on the site, would be supportive of these goals and objectives.

Official Plan:

Current Official Plan:

The lands are designated Restricted/Highway Service Commercial in the Official Plan, permitting commercial uses that cater to the commercial needs of the travelling public, and a limited range of commercial uses that require sites that are large enough to accommodate extensive, open or enclosed display or storage areas as the main uses. A range of secondary permitted uses that serve employees of the Restricted Service Commercial Area are also permitted, including medical/dental offices.

Official Plan Amendment 438:

The lands are designated Neighbourhood Commercial Node in Official Plan Amendment No. 438 (Five Year Review). This Official Plan Amendment has been approved by the Ministry of Municipal Affairs and is in force subject to the resolution of appeals received during the appeal period. Lands designated as Neighbourhood Commercial Node are intended to provide for the daily or weekly convenience shopping and service needs of nearby residents and, to a lesser extent, passing motorists. They should contain uses that are convenience-oriented and unlikely to draw customers from beyond the local area.

Permitted uses include small retail stores; food stores; pharmacies; convenience commercial uses; personal services; financial institutions; service-oriented office uses such as real estate, insurance and travel agencies; community fac es such as libraries or day care centres; professional and medical/dental offices; small-scale restaurants; commercial recreation establishments; and similar uses that draw customers from a neighbourhood-scale trade area.

Zoninq Bv-law:

The subject site is currently within the Restricted Service Commercial (RSCl/RSC4) Zone, which permits a broad range of uses that can be generally characterised as including animal clinics and kennels, automobile related uses, a variety of small scale and big box retail uses, personal and business service establishments, studios, bake shops and restaurants, day care centres, and financial institutions.

The parking rate for medical/dental offices in By-law No. Z.-1 is 1 space for every 15 square metres of gross floor area. Uses that are currently permitted by the By-law which require the same parking rate, include automobile supply store, small retail store, bake shop, convenience service establishment, convenience store, financial institution, florist shop, catalogue store and video rental establishment. There is also a range of permitted uses that require more parking spaces per gross floor area, including automobile repair garage, taxi establishment, personal service establishment, and restaurant.

Is the DrODOSed medicalldental office use aDDroDriate for this site?

A review of the Official Plan policies indicates that medical and dental offices may be permitted in both the current Official Plan and in the new Neighbourhood Commercial Node designation implemented by OPA 438. An evaluation of the current Official Plan criteria for the addition of permitted uses to Service Commercial areas is as follows:

1. Comoliance with the appropriate policies on form, function, permitted use, location and scale of develooment.

The policies on form and location do not apply to this application because the applicant does not propose the expansion of the designation or new building development on the site. With respect to function and permitted use, medical and dental offices are

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specifically included in the list of permitted secondary uses for the Restricted Service Commercial designation. The policies indicate that office developments are to be limited to a small scale within this designation. The maintenance of small scale office development can be achieved by imposing a maximum gross floor area on the proposed medicalldental office uses. The applicant has indicated satisfaction with a possible maximum of 465 square metres of gross floor area, which represents approximately 14 per cent of the total existing floor area within the development. The imposition of the gross floor area cap will also help to maintain an appropriate balance between offices and other types of uses on the site.

The availabilitv of municipal services to accommodate the proDosed use.

Municipal services are available to the site.

The availabilitv of alternative undeveloped Service Commercial within the aeneral vicinity that may be appropriate for the DrODOSed use.

There are no undeveloped Service Commercial lands in the general vicinity that would be appropriate for the proposed use.

Plannina Impact Analvsis accordina to the provisions of Section 4.8.

Planning impact criteria relevant to the proposed change include compatibility and the likely impact of the proposed development on present and future land uses in the area; the ability of the site to accommodate the intensity of the proposed uses; and the likely impact of traffic generated by the proposal on City streets, pedestrian and vehicular safety and on surrounding properties.

The proposed medical/dental office use is considered to be compatible with the other permitted uses on the site and with the surrounding commercial and residential land uses in the area.

It is intended that the office uses be established within the existing buildings on the site. The proposed site plan currently under review (see page 12), demonstrates the ability to accommodate approximately 184 parking spaces on the site. The applicants have indicated that there will be a range of uses on the site, which are subject to differing peak parking demand requirements. The Committee of Adjustment has granted a minor variance to establish a standard parking rate 1 space per 20 square metres of gross floor area for uses within the existing buildings on the site. The medical/dental offices will be one of several other uses that are already permitted on the site, which have parking requirements of at least 1 space per 15 square metres of gross floor area. Especially with a maximum gross floor area of 465 square metres, it is anticipated that the site will be able to accommodate the intensity of the proposed uses. The recommended by-law incorporates the gross floor area cap for the medical/dental uses. The recommended by-law also implements the intent of the Committee of Adjustment decision respecting parking, by including a special provision in both the RSCI and RSC4 Zones.

The Transportation Division did not raise concerns about the potential traffic impacts of the proposed use on the surrounding road network, other than that potential parking shortages could result in unsafe pedestrian activity. The site plan currently under consideration, while unrelated to this application, makes improvements to the relationship of the site to the street by halving the number of vehicular accesses to Fanshawe Park Road West and providing a clear demarcation of pedestrian access to the site from the intersection of Fanshawe Park Road West and Wonderland Road North.

2.

3.

4.

11



12



The Neighbourhood Commercial Node designation as set out in OPA 438 contains similar criteria for the evaluation of development proposals as they pertain to this application.

I, . I

~~~~ ~~~~~~~

The requested addition of medicalldental offices to the list of permitted uses on the site meets the intent of the Official Plan and supports the economic development goals of the Provincial Policy Statement. The proposed restriction of the gross floor area for medical/dental uses to a total maximum of 465 square metres, ensures that the office uses are small scale and provides for a suitable balance of uses on the site. The application of a standard parking rate for medical/dental office uses recognises the intent of the recent decision of the Committee of Adjustment regarding this site.

PREPARED BY: I SUBMITTED BY:

SENIOR PLANNER - COMMUNITY PLANNING AND URBAN DESIGN SECTION

RECOMMENDEDJY: R

-I!.-- 7

R. W. PANZER GANDDEVELOPMENT

March 10, 2010 BDI Attach.

Y:\shared\implemen\development appsE009 applications\Z-7739\-7739 report to planning committee

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File No: 2-7739 Planner: 6. Debbert

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

TeleDhone Written

Clyde Walton -The Toy Shoppe of London Inc. 685 Fanshawe Park Road West London ON N6G 584

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Bibliography of Information and Materials 2-7739

Request for Approval: City of London Zoning By-law Amendment Application Form, completed by Harry L. Hermann, November 27, 2009, including Planning Justification Report and amended via e-mails dated December 21, 2009 and March 1, 2010

Reference Documents: Ontario. Ministry of Municipal Affairs and Housing. Planning Act, R.S.O. 1990, CHAPTER P. 13, as amended

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.-1, May 21, 1991, as amended

Correspondence: (all located in City of London File No. 2-7739)

City of London - City of London Planning Division. Various e-mails between L. McDougall, Craig Smith, Alanna Riley, Peter Sikic, Barb Debbert and Harry Hermann, January 20 to March 1, 2010.

Burgess, L., EESD. Memo to B. Debbert, January 29, 2010.

Agencies - Creighton C., UTRCA. Letter to B. Debbert. January 25, 2010.

Macpherson, J.R. , London Hydro. Memo to B. Debbert. January 12,2010.

Public Responses - Written: Clyde Walton, The Toy Shoppe, 658 Fanshawe Park Road West, January 8, 2010 and February 22. 2010.

Other: Site visit January 15, 2010 and photographs of the same date

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Bill NO. (number to be inserted by Clerks Office) 2010

By-law No. Z.-1-

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 655 - 685 Fanshawe Park Road West.

WHEREAS Harry L. Hermann has applied to rezone an area of land located at 655 - 685 Fanshawe Park Road West, as shown on the map attached to this by-law, as set out below:

AND WHEREAS this rezoning conforms to the Official Plan;

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 at 655 - 685 Fanshawe Park Road West, as shown on the attached map comprising part of Key Map No. 2, from a Restricted Service Commercial (RSCl/RSC4) Zone to a Restricted Service Commercial Special Provision (RSCI ( )/RSC4( )) Zone.

Section Number 28.4 of the Restricted Service Commercial Zone to By-law No. Z.-1 is amended by adding the following Special Provisions:

) RSCIO

1)

a) Regulations:

i) Parking rate for all permitted uses contained in four standalone commercial buildings with a gross floor area of 3403 square metres

1 space per 20 square metres (215.28 square feet) of gross floor area

) RSC40

a) Additional permitted use:

i) MedicaVDental offices within the existing buildings

b) Regulations:

Total Maximum Gross Floor Area for All MedicallDental offices

Parking rate for all permitted uses contained in four standalone commercial buildings with a gross floor area of 3403 square metres

465 square metres 5005.4 square feet)

1 space per 20 square metres (215.28 square feet) of gross floor area

i)

ii)

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 March 29, 2010.

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Anne Marie DeCicco-Best Mayor

Catharine Saunders City Clerk

First Reading - March 29, 2010 Second Reading - March 29,2010 Third Reading - March 29, 2010

17


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

File Number: 2-7739

Planner: BD

Date Prepared: 2010 March 02/10

Technician: CMH

By-Law No: 2.-I -

SUBJECT SITE mq 1:2,000

0 1020 40 60 80 -Meters

4 . The Toy Shoppe of London, Inc . , .

685 Fanshawe Park Road W London ON N6G 5B4

519-6414261 fax 5 19-64 1-8697

BY FAX 5 19-661-5391

January 8,2010

Barb Debbcrt The City of London

RE: Notice of Objection to Proposed Zoning By-law Amendment 2-7739

Thank you for your considerable help and insights yesterday at City Hall re. this matter. AS we discussed at that time. The Toy Shoppe of London has a long-term lease, from 2002 until 2020, re the 685 Fanshawe Park Road West property upon which the applicant, S A B Realty, has applied far a rezoning. Section 23.1 of our lease (Appendix ‘A’) provides that we “may peacefully possess and enjoy the demised premises without any interruption or disturbance from the Landlord”. We did not agree to, nor were we made aware of the propased rezoning to be considend. We believe the introduction of the medicalldental uses would create a higher demand for the limited parking spaces that are available. This would significantly dishvb our family business. Based on ow calculations, S A B Realty has only 102 parking spaces to offer the tenants at 675, 665 and 655 Fanshawe Park Road W combined, rather than the 202 parking spaces required. The lands at 685 Fanshawe Park Road W rn NOT, in both our and our solicitor, Ron Delanghe’s &ernen 519-640-6350) opinion, to be included in any development or redevelapmcnt proposals by SAB. This matter will be heard in the Ontario Superior Court of Justice an November 8,2010 (see Appendix ‘B’).

Feel free to contact Mr. Delanghe or h e r s Litigation Specialist, David Waites (519- 672-4131) if you require additional details re our lawsuit. You also may wish to confer with Bruce Henry or Peter S i i c of your office re this issue, as they were previously involved with the site plan (June 29, 2007) and mhor variance application A.137108 re this site. S a ‘ s solic’ltor, Lindsey Elwood, withdrew application A.137108 once we objected to it in 2008.

In summary, we ask that the Planning Committee not approve the zoning change and send us a copy of their decision. Thank you for the opportunity to provide input.

Clyde Walton, BES (Honoim Urban Planning) President, The Toy Shoppt of London, Inc

Cc: Ron Delanghe, Corporate Solicitor, Lerners LLP David Waitcs. Litigations Specialist, Lcmers LLP

SCHEDULE A

To Whom It May Concern:

Re:

The undersigned, The Toy Shoppe of London, Inc., hereby withdraws any objection to the development 655 to 685 Fanshawe Park Road as proposed by SAB Realty Limited. The Toy Shoppe acknowledges that any parking located on its leased premises is available to the customers and client of the proposed tenants in the said development.

SAB Realty Limited ab The Toy Shoppe of London, Inc.

.w% DATED AT, ONTARIO this . . ,,.. day of February, 2010 rll"

WITNESS: n THE TOY SHOPPE OF LONDON. INC. Per: &

(r have authority to bind the corporation) /

300 Dundar Street, P.O. Box 3120, Station 6. London. Ontorio. Canodo N6A 4J4 tel. 519.672.5666 lox 519.672.2674 Pieare via8 our wbsite at w,rn&wM&e.com

Trnd8-rnark A w l s