Planning Justification Report - London, Ontario...Planning Justification Report December 17, 2018...

Planning Justification Report December 17, 2018

1170 Wellington Road, London, ON

Zelinka Priamo Ltd. Page i

Planning Justification Report

1170 Wellington Road

City of London

Mr. Brent Rudell

December 2018



Zelinka Priamo Ltd. Page ii

TABLE OF CONTENTS

Page No.

1.0 INTRODUCTION .................................................................................................. 3

2.0 THE SUBJECT LANDS ....................................................................................... 3

3.0 SURROUNDING LAND USES ............................................................................. 5

4.0 PROPOSED DEVELOPMENT ............................................................................. 5

5.0 PROPOSED APPLICATION ................................................................................ 7

6.0 PLANNING POLICY ANALYSIS .......................................................................... 7

6.1 2014 Provincial Policy Statement (PPS) ............................................................... 7

6.2 Analysis of the 1989 City of London Official ........................................................ 10

6.3 ANALYSIS OF THE LONDON PLAN .................................................................. 12

6.4 Analysis of the City of London Zoning By-Law .................................................... 14

7.0 CONCLUSIONS ................................................................................................. 15



Zelinka Priamo Ltd. Page 3

1.0 INTRODUCTION

Zelinka Priamo Ltd., on behalf of Mr. Brent Rudell, has made an application to amend the City

of London Zoning By-Law for the lands located at 1170 Wellington Road (the “subject lands”)

in the City of London. The purpose of the proposed amendment is to re-zone the lands to add

the Associated Shopping Area Commercial (ASA1, ASA2, ASA3, ASA4) zone to the existing

“Highway Service Commercial (HS1, HS4) zone. The purpose of the proposed Zoning By-Law

Amendment is to allow for an expanded range of uses on the subject lands.

The purpose of the following land use Planning Justification Report is to evaluate the proposed

Zoning By-Law Amendment for the subject lands within the context of existing land use policies

and regulations, including the Provincial Policy Statement, the City of London Official Plan, the

new Official Plan (The London Plan), and the City of London Zoning By-law.

2.0 THE SUBJECT LANDS

The subject lands consist of a single, irregularly shaped parcel along the east side of Wellington

Road between Bradley Avenue and Exeter Road (Figure 1).

Figure 1 – Subject Lands

The subject lands have with an area of approximately 1.25ha (3.09ac), a frontage of

approximately 175 m (575 ft) along Wellington Road, and an approximate depth of 354 m

(1,161 ft). The lands were previously occupied by hotel and restaurant use (as shown in Figure

1), which closed in 2017, and has since been demolished.




The lands are currently under development for a new restaurant use (The Keg) and associated

parking area (Figures 2 and 3). Vehicular access will be provided by a single driveway via

Wellington Road, opposite of Greenfield Drive. A total of 181 parking spaces are to be provided

on the subject lands.

Full municipal services are available to the subject lands.

Figure 2 – Subject Lands from Wellington Road (Looking Northwest, Google Streetview – July 2018)

Figure 3 – Subject Lands from Wellington Road (Looking West, Google Streetview – July 2018)




3.0 SURROUNDING LAND USES

Land uses abutting the subject lands consist of retail, service commercial, and automotive uses

to the north and south along the east side of Wellington Road; light industrial uses to the east;

and low density and medium density residential (single-detached dwellings, townhouses) to the

west (Figure 4).

The subject lands are located along the automotive-oriented commercial corridor of Wellington

Road, just south of the major commercial node at Wellington Road and Bradley Street (White

Oaks Mall).

Figure 4 – Surrounding Land Uses

4.0 PROPOSED DEVELOPMENT

It is proposed that the range of permitted uses be expanded on the subject lands in order to

remain economically viable within the marketplace and maintain the planned function subject

lands. The vacant portion of the subject lands to the rear of the property is intended to be

developed for a multi-tenant commercial building. Details regarding the proposed building are

to be provided during the Site Plan Approval process.

The site plan for the existing development provides a total of 181 on-site parking spaces on the

subject lands, 71 greater than the 110 required under the Zoning By-law (Figure 5). Given that

the amount of parking currently being constructed exceeds the required amount for the

restaurant use, the future multi-unit commercial building will be able to draw from the same field

of parking.




Figure 5 – Existing Site Plan




5.0 PROPOSED APPLICATION

In order to permit additional uses on the subject lands, a Zoning By-Law Amendment is

proposed to add the “Associated Shopping Area Commercial (ASA1, ASA2, ASA3, ASA4)”

zones to the existing “Highway Service Commercial (HS1, HS4)” zones.

The proposed ASA1, ASA2, ASA3, and ASA4 Zone would add the following uses on the

subject lands:

Animal hospitals;

Assembly halls;

Brewing on premises

establishment;

Commercial recreation

establishments;

Convenience service

establishments;

Convenience stores;

Clinics;

Day care centres;

Dry cleaning and laundry plants;

Duplicating shops;

Financial institutions;

Funeral homes;

Grocery stores;

Laboratories;

Medical/dental offices;

Offices, professional;

Offices, service;

Personal service establishment;

Pharmacies;

Printing establishments;

Private clubs;

Restaurants;

Retail stores;

Repair and rental establishments;

Schools;

Service and repair establishments;

Studios;

Supermarkets;

Video rental establishments.

6.0 PLANNING POLICY ANALYSIS

6.1 2014 PROVINCIAL POLICY STATEMENT (PPS)

The Provincial Policy Statement (PPS), issued under the authority of Section 3 of the Planning

Act “provides policy direction on matters of provincial interest related to land use planning” in

order to ensure efficient, cost-effective development and the protection of resources. All

planning applications, including Zoning By-Law Amendment applications, are required to be

consistent with these policies.

In this section, relevant policies are bordered and in italics, with discussion on how the proposed

application is consistent with that policy immediately after:




Section 1.1.1

Healthy, liveable and safe communities are sustained by:

b) accommodating an appropriate range and mix of residential (including second units,

affordable housing and housing for older persons), employment (including industrial and

commercial), institutional (including places of worship, cemeteries and long-term care

homes), recreation, park and open space, and other uses to meet long-term needs.

The range of additional uses that are proposed for the subject lands are similar, consistent, and

compatible with the range of commercial uses along this portion of Wellington Road. Given the

compatibility of proposed additional uses, the proposed Zoning By-Law Amendment contributes

to an appropriate range and mix of employment uses (commercial uses) to meet the long-term

needs of the local and regional area.

Section 1.1.3.2

Land use patterns within settlement areas shall be based on:

a) densities and a mix of land uses which:

1. efficiently use land and resources;

2. are appropriate for, and efficiently use, the infrastructure and public service

facilities which are planned or available, and avoid the need for their unjustified

and/or uneconomical expansion;

5. are transit supportive, where transit is planned, exists or may be developed;

The subject lands are currently being redeveloped to accommodate a restaurant use, with future

plans to further accommodate a multi-unit commercial building. The proposed Zoning By-Law

Amendment on the subject lands will facilitate development that provides a greater mix of land

uses that also efficiently use land and available resources. Given that the subject lands are

located along a major arterial road, as well as an anticipated rapid transit corridor, the additional

land uses are transit-supportive and can be efficiently accessed via Wellington Road.




Section 1.3.1

Planning authorities shall promote economic development and competitiveness by:

b) 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.

A greater economic competitiveness, diversity, and prosperity is promoted through the

proposed increased range of permitted uses. These uses provide opportunities to grow the

existing economic base along this portion of Wellington Road. The similar, consistent, and

compatible proposed land uses are complementary with the range of employment uses

(commercial uses) to support economic development and job growth for both residents and

future businesses on the subject lands.

Section 1.6.8.3

Planning authorities shall not permit development in planned corridors that could preclude or

negatively affect the use of the corridor for the purpose(s) for which it was identified.

New development proposed on adjacent lands to existing or planned corridors and

transportation facilities should be compatible with, and supportive of, the long-term purposes of

the corridor and should be designed to avoid, mitigate or minimize negative impacts on and

from the corridor and transportation facilities.

It is anticipated that Wellington Road will be a rapid transit corridor in the future. The

redevelopment of the subject lands is consistent with the purpose of the proposed rapid transit

corridor, which is to provide a mix and range of uses along the corridor that transit riders can

easily and conveniently access.

The proposed Zoning By-Law Amendment to permit an increased range of permitted uses will

allow for the construction of a multi-unit commercial building that is compatible and supportive

of the purpose of rapid transit corridor. A diversity of commercial uses are proposed to be

permitted on the subject lands, increasing the potential client-base, and supporting the need for

public transit use in the area.




Section 1.7.1

Long-term economic prosperity should be supported by:

a) promoting opportunities for economic development and community investment-

readiness.

The purpose of the proposed Zoning By-Law Amendment is to facilitate the construction of a

multi-unit commercial building on the subject lands that can accommodate a broad range of

commercial uses, thereby being well-prepared for the investment opportunities. The proposed

increased range of permitted uses creates allows for a variety of commercial enterprises to

operate on the subject lands, promoting economic development.

Based on the above, the proposed Zoning By-Law Amendment is consistent with the intent and

the policies of the 2014 Provincial Policy Statement.

6.2 THE 1989 CITY OF LONDON OFFICIAL

The subject lands are designated “New Format Regional Commercial Node” according to

“Schedule ‘A’ – Land Use” in the 1989 City of London Official Plan (Figure 6), and fall under the

policies of Section 4.3.6. The intent of lands designated as any form of commercial node is to

meet a variety of retail and service needs that draw customers from a broad area. The grouping

of retail and service commercial uses into nodal areas that serve multi-purpose trips are

encouraged.

Figure 6 – 1989 City of London Official Plan (Excerpt)




Section 4.2.1 sets out objectives for all commercial land use designations. Of note are the

following two objectives:

i) Promote the orderly distribution and development of commercial uses to satisfy the

shopping and service needs of residents and shoppers;

iv) Encourage intensification and redevelopment in existing commercial areas within the

built-up area of the City to meet commercial needs, to make better use of existing City

infrastructure and to strengthen the vitality of these areas.

The proposed Zoning By-Law Amendment is consistent with these objectives by providing a

wider range of uses that serve the needs of nearby residents, as well as passing traffic, in order

to strengthen the vitality of the shopping area.

Lands designated “New Format Regional Commercial Node” are to be located between the

intersection of two arterial roads, on a site that is large enough to accommodate the

development, and on a site that has good access to public transit (Section 4.3.6.2). The subject

lands are located on Wellington Road between the intersections of two arterial roads: Wellington

Road and Bradley Avenue to the north, Wellington Road and Exeter Road to the south. The

1.25ha (3.09ac) subject lands is large enough to accommodate the soon-to-be constructed

restaurant fronting along Wellington Road and a future multi-unit commercial building to the

rear. The site currently provides more parking that required and the proposed increased range

of commercial uses would be able to utilize that excess supply. Furthermore, the subject lands

are along a major arterial road with convenient access to multiple public transit routes (Routes

4, 10, 13, 14, 26, 30, and 90) along Wellington Road, as well as at White Oaks Mall.

Permitted uses within the “New Format Regional Commercial Node” land use designation

include all types of large and small-scale retail outlets, including: supermarkets/food stores,

department stores, retail warehouses, building supply/home improvement and furnishing

stores, convenience commercial uses, personal services, and restaurant. A range of additional

uses, including commercial recreation, financial institutions and services, automotive services

(limited range), community facilities, and professional and medical/dental offices, are permitted

(Section 4.3.6.3). The range of additional uses proposed to be permitted on the subject lands

are consistent with the permitted uses listed above.

Development within the “New Format Regional Commercial Node” land use designation is

encouraged to improve the design of the street edge, provide access to transit stops, encourage

pedestrian connectivity with adjacent uses and reduce the visual impact of large open parking

lots (Section 4.3.6.4). The restaurant use (which is currently under construction) is located close

to the street, screening the parking area to the rear. A northbound transit stop (Route 13 and

30) are located approximately 120m north on the east side of Wellington Road, as well as a




southbound stop (Route 13) is located approximately 40m south on the west side of Holiday

Avenue. Signalized pedestrian crossings are located approximately 125m to the south and

approximately 330m to the north.

Given the analysis above, the proposed range of uses are consistent with the “New Format

Regional Commercial Node” land use policies. As such, Zoning By-Law Amendment to permit

the proposed range of uses is consistent with the policies and intent of the 1989 City of London

Official Plan.

6.3 THE LONDON PLAN

The subject lands are identified within the “Shopping Area” Place Type (Figure 7) along a “Rapid

Transit Boulevard” Street Classification (Figure 8). As of the date this report was prepared, it is

our understanding that many of the “Shopping Area” Place Type policies are still under appeal.

However, development proposals are to have regard for policies contained within The London

Plan.

The intent of the “Shopping Area” Place Type is to provide commercial centres with a wide

variety of retail, service, business, recreational, social, educational, and government uses within

walking distance to neighbourhoods, as well as be well connected to public transit, local streets,

and other linkages to allow for walking and cycling (Policy 871 and 872). The proposed

increased range of permitted uses is consistent with the intent of the Place Type by adding to

the mix and range of uses on the subject lands. Wellington Road is an arterial road with

convenient access to public transit, sidewalks, and paved bicycle pathways.

Figure 7 – The London Plan: Place Types (Excerpt)




Figure 8 – The London Plan: Street Classifications (Excerpt)

The “Shopping Area” Place Type policies permit a broad range of retail, service, office,

entertainment, recreational, educational, institutional, and residential uses (Policy 877). The

range of additional uses proposed to be permitted on the subject lands are consistent with the

permitted uses listed above.

Redevelopment for a more intense and efficient use of “Shopping Area” lands is encouraged

(Policy 878). The proposed development is a more intense and efficient use of the subject lands,

ultimately providing more commercial gross floor than the previous hotel/restaurant use, in a

location and orientation that is more consistent with contemporary urban design practices. While

the London Plan envisions more intense, mixed use development along the Wellington Road

corridor, there are no current plans for a mix of uses on the subject lands. However, given that

the proposed redevelopment does not preclude the subject lands from being redeveloped in

the future to include residential uses to form a mixed use building, the subject lands can be

considered consistent with the intent and purpose of the “Shopping Area” Place Type.

For the reasons noted above, the ZBA to permit and expanded range of uses is consistent with

the intent and policies of The London Plan.




6.4 THE CITY OF LONDON ZONING BY-LAW

The subject lands are zoned “Highway Service Commercial (HS1, HS4)” in the City of London

Zoning By-Law No. Z.-1 (Figure 9). The HS1 and HS4 zone provides for, and regulates, a range

of commercial and service uses which cater to the needs of the travelling public. It is proposed

that the “Associated Shopping Area Commercial ASA1, ASA2, ASA3, and ASA4” zones be

added to the subject lands to increase the mix and range of permitted uses. As such, a Zoning

By-Law Amendment is required.

Figure 9 – City of London Zoning By-Law (Excerpt)

The above noted range of uses is appropriate for the subject lands and is permitted in both the

1989 City of London Official Plan and The London Plan. The proposed Zoning By-Law

Amendment allows for more efficient utilization of the subject lands and an expanded,

appropriate range of uses which are similar, consistent, and compatible with the existing range

of uses along this portion of Wellington Road.

There are lands that are adjacent to the subject lands, particularly to the north and northwest,

that are zoned “Associated Shopping Area Commercial (ASA1, ASA2, ASA3, ASA4, ASA5,

ASA6, ASA7, and ASA8)”. Given this observation, there is an existing precedent set within this

area that the proposed uses within the ASA1, ASA2, ASA3, and ASA4 are compatible. As such,

the proposed Zoning By-Law Amendment to re-zone the subject lands to add the “Associated

Shopping Area Commercial ASA1, ASA2, ASA3, and ASA4 appropriate and desirable.




7.0 CONCLUSIONS

The proposed Zoning By-Law Amendment to re-zone the subject lands to add the “Associated

Shopping Area Commercial ASA1, ASA2, ASA3, and ASA4 is intended to allow for greater mix

and range of permitted uses. The range of uses proposed are contemplated by both the 1989

City of London Official Plan and The London Plan. The proposed re-zoning of the subject lands

is consistent, similar, and compatible with the surrounding uses along Wellington Road.

As discussed above, the proposed Zoning By-Law Amendment is consistent with the intent and

policies of the 2014 Provincial Policy Statement, the 1989 City of London Official Plan, and The

London Plan, and represents good planning practice.

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