R. W. PANZER II I

Agenda Item # Page #

SUBJECT:

A. AndersonKZ-7734

APPLICATION BY: MlLLENlUM DOWNTOWN CORPORATION 195 DUNDAS STREET

PUBLIC PARTICIPATION MEETING ON MONDAY, FEBRUARY 24,2010 AT 5:20 P.M.

I !I CHAIR AND MEMBERS - PLANNING COMMITTEE

R. W. PANZER I I I I !I

. . . . . . . .. .

GENERAL MANAGER OF PLANNING AND DEVELOPMENT

That, on the recommendation of the General Manager of Planning and Development, based on the application of Millenium Downtown Corporation relating to the property located at 195 Dundas Street,

a) the request to amend Zoning By-law No. 2.-I to change the zoning of the subject property by extending the Temporary Use (T-54) Zone, which permits a surface commercial parking lot with a small parkette along the Dundas Street frontage, for a period not exceeding three (3) years, BE REFUSED for the following reasons: a one year extension is considered appropriate so that the City can revisit the appropriateness of the continued use of the land as a temporary surface parking lot, in the context of initiatives identified in the Downtown Master Plan that is currently underway and expected to be tabled in the Fall of 2010;

b) the attached proposed by-law BE INTRODUCED at the Municipal Council meeting on March 8, 2010 to amend Zoning By-law No. 2.-1, in conformity with the Official Plan, by extending the Temporary Use (T-54) Zone, which permits a surface commercial parking lot with a small parkette along the Dundas Street frontage, for a period not exceeding one (1) year.

PREVIOUS REPORTS PERTINENT TO THIS MATTER 1 2-7218 December 11, 2006 report to Planning Committee recommending a portion of the site be zoned to permit a commercial parking lot as a permitted use for a temporary period of three (3) years.

2-7218 January 29, 2007 report to Planning Committee responding to Council direction, recommending the whole property be zoned to permit a commercial parking lot as a permitted use for a temporary period of three (3) years, noting that the applicant has agreed to develop a small landscaped area along the Dundas Street frontage.

PURPOSE AND EFFECT OF RECOMMENDED ACTION

The purpose and effect of the recommended zoning by-law amendment is to extend the existing temporary surface commercial parking lot with a small parkette along the Dundas Street frontage for a period of one year.

1 RATIONALE

1. The recommended extension of the temporary use zoning conforms to the criteria for temporary use in the Official Plan.

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LOCATION MAP Subject Site: 195 Dundas St

~ Applicant: SHELDON AARON File Number: TZ-7734 Planner: Alanna Anderson

i Created By: Alanna Anderson Date: 2009-12-15 Scale: 1 :2500

LEGEND Subject Site Parks Assessment Parcels Buildings Address Numbers

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


Date Application Accepted: December 7, 2009

A. AndersonRZ-7734

Agent: Sheldon Aaron, Aaron Construction Limited

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3.

4.

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- SITE CHARACTERISTICS:

rn Current Land Use - temporary surface commercial parking lot with a small parkette along the Dundas Street frontage

Frontage - 15.2 m

0 Area - 0.65 ha

Shape - irregular

Depth - approx. 121 m

SURROUNDING LAND USES: North - mix of retailloffice

South - mix of retaiVoffice

East - shopping centre with offices

West - mix of residential apartmenffretail/office

The existing commercial parking lot was originally established by a Temporary Use By- law passed in 1999, renewed in 2002, and re-established in 2007 as an interim use to facilitate the demolition of an obsolete building and encourage the construction of a new structure in the future.

The commercial parking lot has minimal impacts on the surrounding area and is being used in general conformity with the approved site plan, and landscaping scheme established in 2006, adjacent to Dundas Street.

A continuation of the requirement for the parkette located along the Dundas Street frontage encourages redevelopment of the site and clearly reinforces Council policy which indicates that at-grade parking will not be supported on Dundas Street in Downtown London.

A one year extension will allow the continuation of the temporary parking lot pending the outcome of the Downtown Master Plan, which will be considered as part of the review for any future requests for extension of the temporary zone.

1 BACKGROUND 11

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Agenda ltem # Page #

A. AndersonlTZ-7734

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

Downtown

EXISTING ZONING: (refer to map on page 6)

Holding Downtown Area Temporary (h-3.DA1 .D350K-54) Zone

I1 PLANNING HISTORY I1 The site was formerly the location of a building constructed in 1974 as an enclosed and partially below grade shopping centre known at various times as the London Arcade, London Mews and Smugglers Alley. In August, 1999, Council approved a zoning by-law amendment to permit the temporary use of the site as a surface commercial parking lot, not exceeding three years from the date of the passing of the by-law. In conjunction with this approval, the applicant also obtained a demolition permit to demolish the shopping centre, and site plan approval to construct and operate a commercial surface parking lot.

Council approved a three year temporary use extension in 2002, which lapsed in 2005. In 2006, the owner applied to reinstate the temporary use zone. Staffs recommendation was to approve the temporary zone on all of the lands except the portion fronting on Dundas Street. The purpose of the recommendation was to encourage the site to be redeveloped and integrated into the Dundas Street streetscape and to clearly reinforce Council policy which indicates that at-grade parking will not be supported on Dundas Street in Downtown London.

Council referred the application back to staff for further discussions with the applicant relating to landscaping at the entrance to the northern portion of the property fronting Dundas Street and the review the existing legal rights of way serving adjacent building which could be impacted by closing off the northern portion. As a result, Council adopted a by-law amendment that allowed the temporary use over the entire property and required a parkette to be located on the lands fronting Dundas Street. The intent of the parkette was to soften the impact on the continual Dundas streetscape and provide a visual buffer of the parking lot from pedestrians on Dundas Street.

The temporary use by-law expires on February 5,2010.

SIGNIFICANT DEPARTMENTlAGENCY COMMENTS

Environmental and Enqineerinq Services Department

The City of London's Environmental and Engineering Services Department have no concerns with respect to the aforementioned Zoning By-law amendment application.

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LEGEND 0 DEFERRED AREAS

Dowmw AREA

REGIONAL SHOPPING AREA

COMMUNITY SHOPPING AREA

NEIGHBOURHOOD SHOPPING AREA

ASSOCIATED SHOPPING AREA COMMERCIAL

BUSINESS DISTRICT

ARTERIAL MIXED USE DISTRICT

HIGHWAY SERVICE COMMERCIAL

RESTRICTEDiHIGHWAY SERVICE COMMERCIAL

RESTRICTED SERVICE COMMERCIAL

COMMERCIAL POLICY AREA

MULTI -FAMILY, HIGH DENSITY RESIDENTIAL

MULTI -FAMILY, MEDIUM DENSITY RESIDENTIAL

UIW DENSITY RESIDENTIAL

m

- - I AREAS L - 4 UNDER APPEAL OFFICE AREA

OFFICEIRESIDENTIAL

OFFICE BUSINESS PARK

GENERAL INDUSTRIAL

UGHT INDUSTRIAL

REGIONAL FACILITY

COMMUNITY FACIUTY

OPEN SPACE

URBAN RESERVE - COMMUNITY GROWTH

URBAN RESERVE - INDUSTRIAL GROWTH

RURAL SmLEMENT

ENVIRONMENTAL REVIEW

AGRICULTURE

URBAN GROWTH BOUNDARY

TH.S IS AN EXCERPT FROM THE U N N I N G DIVISIONS WORKING CONSOLIOATION Of SCHEDULE A TO THE CITY OF WNDDN OFFICIAL PIAN, WITH ADDED NOTAnONS

CITY OF LONDON DEPARTMENT OF PLANNINGAND DEMA)PMENT

OFFICIAL PLAN SCHEDULE A - LAND USE

FILE NO.

TZ-7734

MAP PREPARED:

January 29,2010

I 0- 500 1500 m I i

PREPARE0 81": Graphics & Information Sarvicas I SCALE 1:30.000 AHL UlCAllON \\cltilel\G,sWork\plmning\projectn\ll offi~~lplan\wor~onso100\exerpt.\smls~ch~~kExl4.aml

OR - OFFICURESIOENTIAL OC -OFFICE CONVERSION RO - RESTRICTED OFFICE OF -OFFICE

1) LEGEND FOR ZONING BY-LAWZ-1 I

0 20 40 80 120 160 THIS MAP IS AN UNOFFICIAL EXTRACT FROM THE ZONING BY-LAW WITH ADDED NOTATIONS


PUBLIC LIAISON:

A. AndersonTZ-7734

On December 16, 2009, Notice of Application was mailed to 11 3 property owners. Notice of Application was also Dublished in the “Livina in the Citv” section of the London

Four (4) responses were received I Free Press on DecemEer 19,2069.

Nature of Liaison:

The purpose and effect of this zoning by-law amendment is to extend the existing temporary zone to allow the surface commercial parking lot.

Possible extension of the Holding Downtown Area Temporary (h-3.DA1 .D350/T-54) Zone for an additional period of three years.

Responses: One respondent requested the removal of the benches as they facilitate undesirable activity. One respondent was concerned that the Downtown was losing another parking lot.

Two respondents requested Notice of Public Meeting and Notice of Passing of the By-law.

I ANALYSIS 1 Existina Situation

The subject site is a 0.65 ha (1.61 acre) parcel, located in a prominent area of the Downtown with frontage on three streets: Dundas Street, Clarence Street and King Street. The site has operated as a commercial parking lot since 2000. As part of the 2007 zoning amendment to re- establish the temporary surface parking lot, a parkette was re-established along the Dundas Street frontage to soften the streetscape view.

Nature of the Application

The applicant is requesting an extension to the existing temporary use zone to allow the continued operation of the surface commercial parking lot for an additional three (3) year period.

Official Plan

The Official Plan designates these ,lands as Downtown, and more specifically, Downtown Shopping Area. The Downtown area is a multi-regional centre containing a broad range of retail, service, office, institutional, entertainment, cultural, high density residential, transportation, recreational, and open space uses. The more specific Downtown Shopping Area designation encourages the retention and enhancement of a regionally significant area, in which the predominant uses at street level shall be retail and service facilities that comprise a pedestrian oriented shopping environment. Any development is expected to enhance the pedestrian circulation and contribute to the sensitive integration, appearance, and continuity of the shopping environment.

Zonina Bv-law

The subject lands are zoned Holding Downtown Area Temporary (h-3.DA1 .D350lT-54) Zone, permitting an intensive mix of retail, office, and residential uses, all at a maximum height of 90m (295.3 ft.) subject to wind studies for buildings taller than 30 metres (98.4 feet), a maximum lot coverage of loo%, and a maximum density for residential uses of 350 units per hectare (142 units per acre). The DAI Zone restricts residential uses to the rear portion of the ground floor or on the second floor or above, emphasizing the intended role of the ground level street frontage as a active, pedestrian oriented area. Section 20.3 of the Zoning By-law prohibits parking lots on properties fronting Dundas Street.

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A. AndersonTTZ-7734

The Temporary Use By-law that applies to the property permits a surface commercial parking lot with a small parkette along the Dundas Street frontage.

Is the extension of a temporary commercial parkina lot appropriate?

The analysis contained in the December 11, 2006 report to Planning Committee clearly outlined the reasons why the redevelopment of this property is best for the Downtown in the long term, and the factors that were considered regarding the re-establishment of the temporary parking lot as a permitted use. These are summarized as follows:

- In 1995, the City established an approach to surface commercial parking lots, requiring them to be established through temporary zoning and prohibiting them on properties fronting Dundas Street. This approach included Official Plan policies, zoning by-law regulations and Downtown Design Guidelines intended to maintain a vital main street that is continuous and pedestrian oriented.

lot as an interim use, it was noted that, at the time, the use had existed for approximately 7 years. The expected short-term development activity needed on this site to recognize the importance of, maintain and enhance, the Dundas Street streetscape had not materialized.

demolish key structures for temporary surface parking lots. The continued existence of the parking lot on the subject site provided opportunity/justification for other property owners to try and implement the same type of use on Dundas Street. The presence of a parking lot along Dundas Street frontage provided a financial basis for the site to remain vacant and did not "force the issue" on development of this site.

- While it was generally appropriate to extend the temporary commercial parking

- There was a demonstrated desire on the part of other Downtown landowners to

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It is noted that the parkette required as a result of the January 29, 2007 report to Planning Committee, is not considered a permanent solution to the provision of a continuous streetscape on Dundas Street. It is a temporary measure intended to soften the streetscape and screen the parking lot from view until such time as the parking lot use is discontinued and redevelopment of the site occurs.

Since 2007, the City has undertaken the preparation of the Downtown Master Plan, which is expected to be tabled with planning Commi ee in the Fall of 2010. Through the extensive consultation process, parking1 in the Downtow was identified as a key issue to be addressed. It is likely that the Downtown Master Plan will i clude recommendations regarding parking in the Downtown, which may include consideration f new policies, programs and incentives designed to address the Downtown parking issue. A I a result, City views on the continuation of this property for a temporary parking lot may change, and a desire to re-develop this property sooner rather than later, may emerge.

Given the anticipated completion of the Downtown Master Plan within the next year, staff are supportive of the continuation of the temporary surface parking lot for a period of one year, rather than the maximum of three years requested by the applicant and permitted by the Planning Act and Council policy. At the expiry of the one year extension, any further requests should be evaluated in the context of the Downtown Master Plan. It is considered appropriate to encourage development opportunities on the subject property earlier than the requested three year time frame.


GENERAL MANAGE ING AND DEVELOPMENT -

A. AndersonlTZ-7734

I CONCLUSION

The extension of the temporary use zone to permit a surface commercial parking lot with a parkette along the Dundas Street frontage for a one year period is recommended. The requested three year extension is considered undesirable because the Downtown Master Plan is expected to be completed within the next year and to provide direction regarding the parking issues in the Downtown. Any further requests for extension of this temporary use should be informed by the Downtown Master Plan

PREPARED BY:

ALANNA ANDERSON PLANNER II -COMMUNITY PLANNING AND URBAN DESIGN SECTION

II SUBMITTED BY:

February 4,2010 MI Attach.

Y:bhared\irnplernen\development appsV009 applications\7734Z-PCRepoR (An)

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A. AndersonlTZ-7734

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

TeleDhone Written

Barry R. ard on behalf of Farhi holdings Corporati n 252 Pall all Street

Paul Bourque Manager of Office of Public Guardian and Trustee 199 Dundas Street Suite 20 London ON London ON N6A 5P6

Julie McBride No address provided

Dianne Copps Buildall

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A. AndersonlTZ-7734

Bibliography of Information and Materials

Request for Approval: City of London Zoning By-law Amendment Application Form, completed by Sheldon Aaron, Millenium Downtown Corporation, December 7, 2009

T2-7734

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. OfficialPlan, June 19, 1989, as amended

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

City of London, Report to Planning Committee, Millenium Downtown Corporation, 195 Dundas Street (2-72181, December 11, 2006

City of London, Report to Planning Committee, Millenium Downtown Corporation, 195 Dundas Street (2-72181, January 29,2007

Correspondence: (all located in City of London File No. 2-7734 unless otherwise stated)

City of London - Burgess, I.,City of London Environmental and Engineering Services Department. Memo to A Anderson. January 7,2010.

Agencies - Creighton C., UTRCA. Letter to A. Anderson. January 8, 2010

Macpherson, J.R., London Hydro. Memo to A. Anderson. December 21,2009

Other

Public responses received between December 16,2009 and January 3,2010.

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A. AndersonTTZ-7734

Bill NO. (number to be inserted by Clerk's office) 2010

By-law No. Z.-1-

A by-law to amend By-law No. 2.-1 to rezone an area of land located at 195 Dundas Street.

WHEREAS Millenium Downtown Corporation has applied to extend the Temporary Use (T-54) Zone relating to property located at 195 Dundas Street, as set out below;

AND WHEREAS the Municipal Council of the Corporation of the City of London, by By- law No. 2.-1-071608 approved the Temporary Use for 195 Dundas Street for a period not exceeding three (3) years beginning February 5, 2007;

AND WHEREAS the Municipal Council of the Corporation of the City of London deems it advisable to extend the Temporary Use for the said property for a period not exceeding one (1) year;

AND WHEREAS this rezoning conforms to the Official Plan;

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

Section 50.2 (54) of the Temporary Use Section of Zoning By-law No. Z.-1 is amended by adding the following:

54) This temporary use is hereby extended for an additional one (1) year beginning March 8, 2010.

enacts as follows:

1.

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 8,2010.

Anne Marie DeCicco-Best Mayor

Catharine Saunders City Clerk

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A. AndersonlTZ-7734

First Reading - March 8, 2010 Second Reading - March 8, 2010 Third Reading - March 8, 2010

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