Page #

TO: CHAIR AND MEMBERS - PLANNING COMMllTEE

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

APPLICATION BY: EDUARDO & ROSA COELHO 484 & 488 HAMILTON ROAD, AND A PORTION OF 73 CHESLEY AVENUE

PUBLIC PARTICIPATION MEETING ON MONDAY, SEPTEMBER 11,2006 AT 7:15 PM

SUBJECT:

-

Agenda Item #

1

RECOMMENDATION

That, on the recommendation of the General Manager of Planning and Development, based on the application of Eduardo & Rosa Coelho relating to the properties located at 484 & 488 Hamilton Road, and a portion of 73 Chesley Avenue:

a) subject to Policy 19.1.1. of the Official Plan, the subject lands, representing a portion of 73 Chesley Avenue, BE INTERPRETED to be located within the "Arterial Mixed Use District" designation; and

b) the attached proposed by-law BE INTRODUCED at the Municipal Council meeting on September 18, 2006 to amend Zoning By-law No. Z.-l, in conformity with the Official Plan, to change the zoning of the subject lands FROM a Residential R2 (R2-2) Zone which permits single detached, semi-detached, duplex and converted dwellings and an Arterial Commercial (AC4/AC5) Zone TO an Arterial Commercial Special Provision (AC4( )/AC5( )) Zone to permit a range of uses including dwelling units above the first floor, clinics, convenience service establishments, offices, retail stores, automotive uses, restricted, restaurants, and taverns, with a special provision to recognize the existing lot area and lot frontage.

PREVIOUS REPORTS PERTINENT TO THIS MATTER

None.

PURPOSE OF AMENDMENT

The purpose of the zoning by-law amendment is to rezone a portion of the lands at 73 Chesley Avenue so that they area consistently zoned with the lands they are to be conveyed to at 484 & 488 Hamilton Road. This rezoning will fulfil a condition of consent (8.14/06).

1, The proposed zoning by-law amendment conforms to the policies of the Official Plan. 2. The proposed zoning by-law amendment is appropriate and will bring the properties at

484 & 488 Hamilton Road into greater compliance with the provisions of the Arterial Commercial Zones.

1

rnp1r-C 5" I

LOCATION MAP iubject Site: 484 and 488 Hamilton Road

Ipplicant: Coelho Eduardo,Coelho Rosa

toll Number: Nancy Pasato

:ile Number: 2-7190 Date: 7f7712006

Planner: Nancy Pasato

Created By:

Scah N 1200

:ORPORATION OF THE CITY OF LONDON 'repared By: PD -Planning

LEGEND U S u b j e c t Site

Park

Parcel

Buildings

Addresses

Agenda Item # Page #

Date Application Accepted: June 22, 2006

2-7190 N.Pasato

Agent: Luigi Circelli

I Shape - 484 & 488 Hamilton Road - irregular; 73 Chesley Ave - irregular I1 SURROUNDING LAND USES:

North - residential South - commercial East - commercial West - residentiallcommercial

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

Arterial Mixed Use District

EXISTING ZONING: (refer to map on page 5)

I Arterial Commercial (AC4IAC5) Zone, and Residential R2 (R2-2) Zone I1 PLANNING HISTORY I(

The residential home at 73 Chesley Avenue was built in 1923. Both the residential home at 484 Hamilton Road and the commercial building at 488 Hamilton Road were built in 1925. A minor variance was granted for 488 Hamilton Road in 1992 (A.67/92) which allowed for a one-storey addition to the building and to permit an outdoor patio. A minor variance was also granted in 2005 (A.77/05) to permit a patio abutting a residential zone, a canopy encroachment, and 4 parking spaces in place of 11 parking spaces.

The sites were the subject of a consent application (B.14/06) and associated minor variance applications (A. 25/06 & A.26/06) in 2006. The consent application was to sever a portion of 73 Chesley Avenue and convey this portion to 484 and 488 Hamilton Road. The consent and minor variances were conditionally granted and are in the process of being finalized. One of the conditions for consent was the portion of 73 Chesley Avenue to be conveyed to 484 & 488 Hamilton Road should be rezoned to an AC4/AC5 Zone. This application for zoning by-law amendment is to fulfill this condition for consent.

3

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

MULTI- FAMILY, HIGH DENSITY RESIDENTIAL

MULTI- FAMILY, MEDIUM DENSITY RESIDENTIAL

LOW DENSITY RESIDENTIAL

n DEFERRED AREAS

--I AREAS OFFICEAREA

OFFlCElRESlDENTlAL

OFFICE BUSINESS PARK

GENERAL INDUSTRIAL

LIGHT INDUSTRIAL

REGIONAL FACILITY

COMMUNITY FACILITY

OPEN SPACE

URBAN RESERVE - COMMUNITY G R O W

URBAN RESERVE -INDUSTRIAL G R O W

RURAL SETnEMENT

ENVIRONMENTAL REVIEW

L - .I UNDER APPEAL

0 AGRICULTURE

4 URBAN GROWTH BOUNDARY

THIS IS AN EXCERPT FROM THE PLANNINQ DIVISION'S WORKINQ CONSOLIDATION OF BCHEDULE A lU THE CITY OF LONDON OFFICIAL PLAN, WITH ADDED NOTATIONS

FILE NO.

2-7190 NP CITY OF LONDON DEPARTMENT OF PLANNINGAND DEWILOPMENT

MAP PREPARED

OFFICIAL PLAN SCHEDULE A - LAND USE

August 15,2006 +.* 1-1 I PREPARED By: Graphic* 8 Infomanon Servleea I SCALE t30.000 I AML LOCATION: \\clfll~l\GlaWoIk\Dlannin[l\DrOlecP\D Off i ~ l a l ~ ~ a n \ w o r k c o n a o l O O \ ~ ~ ~ l a \ a m l a \ a c h a ~ k ~ l 4 . ~ ~ l

COUNCIL APPROVED ZONING FOR THE SUBJECT SITE: R2-2 8 ACUAC5

1) LEGEND FORZONING BY-LAWZ-1

R1 -SINGLE DETACHED DWELLINGS R2 - SINGLE AND TWO UNIT DWELLlNGS R3 ~ SINGLE TO FOUR UNIT DWELLINGS R4 - STREET TOWNHOUSE R5 - CLUSTER TOWNHOUSE R6 -CLUSTER HOUSING ALL FORMS R7 -SENIORS HOUSING RE .MEDIUM DENSlTYlLOW RISE APTS. R9 -MEDIUM TO HIGH DENSITYAPTS. R10 -HIGH DENSITY APARTMENTS R l 1 -LODGING HWSE

DA - DOWNTOWh AREA RSA -REGIONAL SHOPPING AREA CSA . COMMUNITY SHOPPING AREA NSA - NEIGHBOURHOOD SHOPPING AREA BDC -BUSINESS DISTRICT COMMERCIAL AC -ARTERIAL COMMERCIAL rlS - HiGHWAY SERVlCE COMMERCIAL RSC -RESTRICTED SERVICE COMMERCIAL CC -CONVENIENCE COMMERCIAL SS .AUTOMOBILE SERVICE STATION ASA .ASSOCIATED SHOPPING AREA COMMERCIAL

2, L] ANNEXED AREA APPEALED AREAS

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

RF -REGIONAL FACILKY 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 -URBANRESERVE

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

"h" .HOLDING SYMBOL "D' -DENSITY SYMBOL "H" -HEIGHT SYMBOL '8' -BONUS SYMBOL *r -TEMPORARY USE SYMBOL

FILE NO:

2-71 90 NP

2006/08/2 1 CK

1:4500

CITY OF LONDON

MAP PREPARED: DEPARTMENT OF PLANNING AND DEVELOPMENT

0 100 Meters - @ ZONING

SCHEDULE A

BY-LAW NO. 2.-I

THIS MAP IS AN UNOFFICIAL UCTRACT FROM THE ZONING BY-LAW WITH ADDED NOTATIONS 7

Agenda Item # Page #

PUBLIC LIAISON:

2-7190 N.Pasato

On July 10, 2006, 93 letters were sent to all landowners within 120 metres of the property. Living in the City notice was published on July 8, 2006.

3 replies received.

I SIGNIFICANT DEPARTMENT/AGENCY COMMENTS

Environmental 81 Engineering DeDartment “The City of London’s Environmental and Engineering Services Department (EESD) has not identified any engineering concerns with respect to the above application. Site servicing, grading & drainage, stormwater management and transportation issues will be addressed in greater detail as necessary through future applications such as the site plan approval process,”

Nature of Liaison: Change Zoning By-law Z.-1 from a Residential R2 (R2-2) Zone to an Arterial Commercial Special Provision (AC4( )/AC5( )) Zone. The purpose and effect of this zoning change is to facilitate a severance to add lands from 73 Chesley Avenue to the properties at 484 & 488 Hamilton Road. A range of uses may be permitted, include: dwelling units above the first floor; clinics; convenience service establishments; offices: retail stores; automotive uses, restricted; restaurants; and taverns. *For the lands under consideration, a consent has been conditionally granted (B.14/06). Responses: questions on application

Subiect sites The subiect site is located on Hamilton Road and Cheslev Avenue, iust north of Hamilton Road. 484 Hamilton Road is currently a single detached home; 488 Hamilton Road is a commercial building which currently contains a sports bar; and 73 Chesley Avenue is a residential home with a commercial unit. Chesley Avenue is a local road, while Hamilton Road is classified as an arterial road with an estimated annual average daily traffic volume of 27,000 vehicles.

Nature of the awlication The applicant has requested a zoning by-law amendment for a portion of 73 Chesley Avenue. This Dortion of 73 Cheslev Avenue was the subiect of a consent amlication (B.14/06). and is to be conveyed to the properties at 484 & 488 Hamilton Road. One ofthe conditions of’severance was to initiate a zoning by-law amendment for the portion of the lands to be conveyed.

Is the reauested amendment appro~riate? The property at 73 Chesley Avenue is designated Low Density Residential in the City of London Official Plan. The lots on Hamilton Road are designated Arterial Mixed Use District in the City of London Official Plan. For the purposes of this amendment, Planning Staff recommend that Council interpret the severed lands as Arterial Mixed Use District as per Section 19.1.1 of the Official Plan. The severed land is to be conveyed to the lands designated Arterial Mixed Use District on Hamilton Road.

The conditionally approved severance would convey the subject lands to 484 & 488 Hamilton Road. These two lots are existing sites that do not currently meet the minimum lot sizes and standards for the Arterial Commercial Zones. With the addition of lands from 73 Chesley Avenue, these sites will be brought into greater conformity with the existing zones. The additional lands will help provide greater area to the sites for parking and separation. The zoning by-law amendment will rezone the portion of lands at 73 Chesley Avenue, and will also rezone the properties at 484 & 488 Hamilton Road to a special provision AC Zone, to recognize the existing lot frontage and lot area of the properties.

6

Agenda Item # Page #

2-7190 N.Pasato

Overall the zoning by-law amendment conforms to the policies of the Official Plan, and allows for greater compatibility of the existing uses by enlarging the parcels and bringing them into greater conformity with the existing zone. No additional traffic will be generated by this use.

August 11, 2006 NPlnp "Attach" Y:\Shared\lMPLEMEN\DEVELOPMENT APPS\2006 Applications 7075 to\7190Z - 484 & 488 Hamilton Road\repoft 484 Hamilton Rd.doc

7

Agenda Item # Page #

2-7190 N.Pasato

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

TeleDhone

Daryl Bedford 86 Chesley Avenue

Shirley Kennedy No address given

Written

Steven Glacier No address given

8

NOTIFICATION MAP 120m Radius Buffer

Subject Site: 484 and 488 Hamilton Road

Applicant: Coelho Eduardo,Coelho Rosa

Roll Number: Nancy Pasato

File Number: 2-7190 Date: 7/7/2006

Scale: 1: 2500

Planner: Nancy Pasato

Created By:

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

400 I

LEGEND 0 Subject Site

Park

Parcel

Buildings

Addresses

Agenda Item # Page #

2-7190 N.Pasato

Bill NO. (number to be inserted by Clerk's Office) 2006

By-law No. 2.-1-06

A by-law to amend By-law No. 2.-I to rezone an area of land located at 484 & 488 Hamilton Road, and a portion of 73 Chesley Avenue.

WHEREAS Eduardo 8, Rosa Coelho have applied to rezone an area of land located 484 & 488 Hamilton Road, and a portion of 73 Chesley Avenue, 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. 2.-1 is amended by changing the zoning applicable to lands located at 484 & 488 Hamilton Road, and a portion of 73 Chesley Avenue, as shown on the attached map comprising part of Key Map No. 86, from a Residential R2 (R2-2) Zone and an Arterial Commercial (AC41AC5) Zone to an Arterial Commercial Special Provision (AC4( )) Zone.

1) Section 26 of the Arterial Commercial (AC) Zone to By-law No. Z.-1 is amended by adding the following Special Provisions:

)/AC5(

26.4 e -) AC4( )

a) Regulations:

Lot Area 260 square metres (Minimum) (853 square feet)

ii) Lot Frontage 9.6 metres (Minimum) (31.5 feet)

i)

26.4 f-)

a) Regulations:

Lot Area 260 square metres (Minimum) (853 square feet)

ii) Lot Frontage 9.6 metres (Minimum) (31.5 feet)

i)

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 subsection 34(21) 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 subsection.

10

Agenda Item # Page #

2-7190 N.Pasato

PASSED in Open Council on September 18,2006

Anne Marie DeCicco-Best Mayor

Kevin Bain City Clerk

First Reading - September 18, 2006 Second Reading - September 18,2006 Third Reading - September 18,2006

11

Agenda Item # Page #

..:.:;.:>: . . . . ..:..'..:...I

.~ ... .., ,.

.%'...:"..,*,. ANNEXED AREA APPEALED AREAS

File Number: 2-7190

Planner: NP

Date Prepared: 2006108121

Technician: CK

By-Law No: 2.4 .-

SUBJECT SITE v74 * SCALE 1:3500

100 0 1W Meters