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Request for Decision

Application for rezoning in order to add a Commercial Recreation Centre to the list of permitted uses, 1210 and 1212 Lasalle Boulevard, Sudbury - David Johannsson & Gerald Paquette



Presented To: Planning Committee
Presented: Monday, Sep 29, 2014
Report Date: Thursday, Sep 11, 2014
Type: Public Hearings
File Number: 751-6/14-21



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Decisions
The Planning Committee meeting was adjourned and the Public Hearing was opened to deal with the following application.
 
Report dated September 11, 2014 was received from the Acting General Manager of Growth and Development regarding an application for rezoning in order to add a Commercial Recreation Centre to the list of permitted uses, 1210 and 1212 Lasalle Boulevard, Sudbury - David Johannsson & Gerald Paquette.
 
David Johannsson and John Hillier, the applicants, were present.
 
The Manager of Development Approvals outlined the application to the Committee.
 
The Chair asked whether there was anyone in the audience who wished to speak in favour or against this application and seeing none:
 
The Public Hearing concerning this matter was closed and the Planning Committee resumed in order to discuss and vote on the application.
 
The following recommendation was presented:
 
PL2014-185 Craig/Caldarelli: THAT the City of Greater Sudbury approve the application by David Johansson and Gerald Paquette to amend Zoning By-law 2010-100Z by changing the zoning classification of lands described as PINs 02121-0414 and 02121-0247, Lots 28S and Part Lot 72, M-219, Lot 1, Concession 6, Township of McKim, 1210 and 1212 Lasalle Boulevard, Sudbury, from “C2(46)”, General Commercial Special to a revised “C2(46)”, General Commercial Special subject to the following conditions:
 
(i)  The only permitted uses shall be as follows:
 
(a)  ground floor retail uses not to exceed a gross floor area of 874 m²;
(b)  second floor retail uses not to exceed a gross floor area of 300 m²;
(c)  office uses not to exceed a gross floor area of 446 m²;
(d)  storage uses not to exceed a gross floor area of 414m²;
(e)  commercial recreation centre uses not to exceed a gross floor area of 414 m² with an occupancy of not more than 30 persons, with accessory uses not to exceed 20 m² net floor area;
(f)  restaurant not to exceed a gross floor area of 112 m²;
(g)  a maximum of six (6) dwelling units shall be permitted on the second floor;
(h)  the maximum total gross floor area shall not exceed 1,733m².
 
(ii)  A minimum of 64 parking spaces shall be provided.
 
YEAS: Councillors Rivest, Craig, Caldarelli, Kilgour
CARRIED

Signed By

Report Prepared By
Alex Singbush
Senior Planner
Digitally Signed Sep 11, 14

Reviewed By
Eric Taylor

Digitally Signed Sep 11, 14

Recommended by the Division
Mark Simeoni
Acting Director of Planning Services
Digitally Signed Sep 11, 14

Recommended by the Department
Paul Baskcomb
Acting General Manager of Growth & Development
Digitally Signed Sep 11, 14

Recommended by the C.A.O.
Doug Nadorozny
Chief Administrative Officer
Digitally Signed Sep 12, 14

Resolution

THAT the City of Greater Sudbury approve the application by David Johansson and Gerald Paquette to amend Zoning By-law 2010-100Z by changing the zoning classification of lands described as PINs 02121-0414 and 02121-0247, Lots 28S and Part Lot 72, M-219, Lot 1, Concession 6, Township of McKim, 1210 and 1212 Lasalle Boulevard, Sudbury, from “C2(46)”, General Commercial Special to a revised “C2(46)”, General Commercial Special subject to the following conditions:

(i) The only permitted uses shall be as follows:

(a) ground floor retail uses not to exceed a gross floor area of 874 m²;

(b) second floor retail uses not to exceed a gross floor area of 300 m²;

(c) office uses not to exceed a gross floor area of 446 m²;

(d) storage uses not to exceed a gross floor area of 414m²;

(e) commercial recreation centre uses not to exceed a gross floor area of 414m² with an occupancy of not more than 30 persons, with accessory uses not to exceed 20 m² net floor area;

(f) restaurant not to exceed a gross floor area of 112 m²;

(g) a maximum of six (6) dwelling units shall be permitted on the second floor;

(h) the maximum total gross floor area shall not exceed 1,733m².

(ii) A minimum of 64 parking spaces shall be provided.

STAFF REPORT

Applicant:
 
David Johannsson & Gerald Paquette
       
Location:
 
PINs 02121-0414 and 02121-0247, Lots 28S and Part Lot 72, M-219, Lot 1, Concession 6, Township of McKim, 1210 and 1212 Lasalle Boulevard, Sudbury
 
Application:
 
To amend Zoning By-law 2010-100Z by changing the zoning classification from “C2(46)”, General Commercial Special to a revised “C2(46)”, General Commercial Special in order to add a Commercial Recreation Centre to the list of permitted uses.
 
Proposal:
 
The application proposes to add a Commercial Recreation Centre to the list of uses currently permitted on the property. A personal fitness centre called “The Basement”, has been in operation in the former warehouse portion of the site since June 2014.
 
Official Plan Conformity:
 
The subject property is designated “Mixed Use Commercial” in the Official Plan for the City of Greater Sudbury. Section 4.3 Mixed Use Commercial, states:
 
...It is the intent of this Plan to recognize the development potential of these areas by permitting a balance of mixed uses including commercial, institutional, residential, and parks and open space through the rezoning process. 
 
Policy 3 indicates that:
 
Subject to rezoning, new development may be permitted provided that:
 
a. sewer and water capacities are adequate for the site;
b. parking can be adequately provided;
c. no new access to Arterial Roads will be permitted where reasonable alternate access is available;
d. the traffic carrying capacity of the Arterial Road is not significantly affected;
 
As detailed in the Planning Considerations section of this report, the application is considered to conform to the policies in Sections 4.3 of the Official Plan.
 
Site Description & Surrounding Land Uses:
 
There is a commercial strip centre and a two storey mixed commercial, office and warehouse building on the subject lands with approximately 62.5 m (205 ft.) of frontage at the street-line of Lasalle Boulevard, approximately 54.6 m (179 ft.) of frontage at the street-line of Leon Avenue and approximately 31.7 m (104 ft.) of frontage at the street-line of McCormack Court.
 
The abutting property to the west (1200 Attlee) is developed with a multi-family development zoned “R3”, Medium Density Residential abutting property to the north (1175 Leon) is developed with a single detached dwelling with a basement apartment zoned “R3”, Medium Density Residential. Across the street on the east side of Leon is a service station and convenience store (1232 Lasalle) and across the street on the south side of Lasalle Boulevard is a single family detached dwelling (1201 Lasalle) on a large lot zoned “R3-1”, Medium Density Residential and a vacant parcel zoned “C5(2)”, Shopping Centre Commercial.
 
While the current zoning conditions and site plan require a minimum of 64 parking spaces onsite, when staff conducted a field investigation, there were only 59 spaces available for use. The rear entrance to the site, off of McCormack Court, has been fenced and gated in a manner which obstructs the use of at least three of the spaces; additionally another two spaces in this same area have been obstructed by the current placement of trash dumpsters. The applicant explained that the fencing and gate were installed to mitigate of vandalism, graffiti and trash dumping in this area. Should the gate opening be expanded, and the trash dumpsters relocated out of the designated parking spaces, the site would be in compliance with the minimum number of onsite parking spaces currently required. A further reduction in required parking for this site has not been contemplated in conjunction with this proposed rezoning.
 
Departmental & Agency Comments:
 
Building Services
 
No comments or concerns.
 
Development Engineering
 
This site is currently serviced with municipal water and sanitary sewer.
 
We have no objection to amending the special provisions by including a commercial recreation centre with occupancy of 30 persons to the list of uses currently permitted.
 
Roads and Traffic & Transportation
 
No concerns provided that there is sufficient parking available on site to satisfy the by-law requirements.
 
Operations and Drainage
 
No concerns.
 
Public Consultation:
 
The applicant was advised of the City’s policy which recommends that applicants consult with their neighbours, ward councillor and key stakeholders to inform area residents on the application. The applicant has advised that they will be having a neighbourhood information meeting and that they will provide information with respect to the meeting to the Planning Committee. At the time of writing of this report the Planning Services Division has received one telephone inquiry requesting additional information with respect to the application.
 
Planning Considerations:
 
Current Zoning:
 
The site is currently zoned C2(46) with the following conditions:
 
(i)         The only permitted uses shall be as follows:
(a)        ground floor retail uses not to exceed a gross floor area of 874 m²;
(b)        second floor retail uses not to exceed a gross floor area of 300 m²;
(c)        office uses not to exceed a gross floor area of 446 m²;
(d)        storage uses not to exceed a gross floor area of 414m²;
(e)        restaurant not to exceed a gross floor area of 112 m²;
(f)         a maximum of six (6) dwelling units shall be permitted on the second floor;
(g)        the maximum total gross floor area shall not exceed 1,733m².
 
(ii)        A minimum of 64 parking spaces shall be provided.
 
Previous Rezoning Application:
 
In September 2011 an application for rezoning was submitted in order to permit up to 6 residential units, and expand the permitted gross floor area allowed for retail uses within the existing buildings. This application was approved by Planning Committee on January 9, 2012 and was ratified by City Council on January 24, 2012. The conditions of rezoning noted above reflect this approved request.
 
At the time, staff expressed that given the mix of uses on site and the maximum total gross floor area of the site, the requirement for a minimum 64 spaces appeared to meet the parking requirements of the Zoning By-law.
 
Parking Requirement Analysis:
 
The warehouse/storage space of 414 m² requires parking based on 1/90 m² of floor area plus 1/30 m² of accessory office space, which results in a parking requirement of 6 spaces (assuming 384 m² of storage uses and 30 m² of office use). 
 
The proposed commercial recreation centre use requires parking based on 1/6 persons of capacity, plus 1/20 m² of any accessory use. The applicants have advised that there are no accessory uses proposed. The capacity for the commercial recreation centre proposed is 30 persons which results in a parking requirement of 5 spaces. Should the applicants introduce accessory uses to the commercial recreation centre in the future, not exceeding 20 m² in net floor area, one additional parking space would be required, consistent with the six spaces currently required for the storage use.
 
Given the low occupancy proposed for the commercial recreation centre, no additional parking is required to support the use.
 
Parking Demand:
 
Staff attended the site on three occasions to observe the demand for parking for the uses currently on site.
 
On Friday August 22, 2014 at 2:00 p.m. staff observed that 31 vehicles were parked on-site and two vehicles were parked on the west side of Leon Avenue adjacent to the site. 28 parking spaces were available for use on-site.
 
On Thursday September 4, 2014 at 6:30 p.m. staff observed that 39 vehicles were parked on site and two vehicles were parked on the west side of Leon Avenue adjacent to the site. 15 parking spaces were available for use on-site.
 
On Saturday September 6, 2014 at 9:00 a.m. staff observed that 13 vehicles were parked on-site and two vehicles were parked on the west side of Leon Avenue adjacent to the site. 46 parking spaces were available for use.
 
As noted in the report to Planning Committee in 2011, staff observed that 59 parking spaces, fewer than the required 64 parking spaces required by the current conditions of rezoning, were available for use as the owners have not resolved the fencing, gated access, and trash dumpster locations at the north area of the site, off of McCormack Court that obstruct the usability of 5 parking spaces. 
 
While fewer than the required 64 parking spaces were available for use when staff visited the site, with minor modification to the current fencing, gated access, and trash dumpster locations at the north area of the site, off of McCormack Court, the property could be returned to compliance with the minimum number of parking spaces currently required.
 
Planning staff is satisfied that a commercial recreation centre with an occupancy not to exceed 30 persons, with up to 20 m² of net floor area available for accessory uses to the commercial recreation centre can be provided within the existing building footprint without increasing the demand for parking onsite and that this will not result in any appreciable impacts on traffic and adjacent properties.
 
In conclusion, there does not appear to be any adverse impacts that will result from an approval changing the use of the storage uses to a commercial recreation centre and it is therefore recommended for approval subject to the conditions as noted.