from: i r. w. panzer ii general manager of...

Agenda Item # Page #

GENERAL MANAGER OF PLANNING AND DEVELOPMENT

2-7274iE.Ling

SUBJECT: APPLICATION BY: TKFV HOLDINGS LTD. 3836 COLONEL TALBOT ROAD

PUBLIC PARTICIPATION MEETING ON JANUARY 29,2007 @ 4:30 PM

11 FROM: I R. W. PANZER II

RECOMMENDATION

That, on the recommendation of the General Manager of Planning and Development, based on the application of TKFV Holdings Ltd. relating to the property located at 3836 Colonel Talbot Road; the attached proposed by-law BE INTRODUCED at the Municipal Council meeting on February 5, 2007 to amend Zoning By-law No. 2.-1 in conformity with the Official Plan, to change the zoning of the subject lands FROM an Urban Reserve (UR2) Zone which permits existing dwellings, agricultural uses, conservation lands, managed woodlot, wayside pit and passive recreation uses TO an Urban Reserve Temporary Use (UR2/T--) Zone to also permit the temporary operation of a building or contracting establishment for a period of three (3) years from the date of passing of the by-law.

That three readings of the By-law be withheld until such time as the applicant, TKFV Holdings Ltd., has resolved a Property Standards complaint from November 2006, based on a structure erected on the site without acquiring a building permit sometime between April 2004 and April 2005.

PREVIOUS REPORTS PERTINENT TO THIS MATTER

File 2-6523: Public Participation Meeting September 8, 2003 (B. Billings)

Bill No. 380 / By-law No. 2.-1-031158: Passed in Open Council September 15, 2003 (B. Billings)

ll PURPOSE AND EFFECT OF RECOMMENDED ACTION II The recommended amendment would allow for a continuation of the existing building or contracting establishment for a further three year period.

RATIONALE

1) The continued temporary use of this site for a building or contracting establishment is appropriate.

2) The subject property is designated Low Density Residential in the City's Official Plan, and as such, it is intended that the property and adjacent lands will develop for residential uses over the long-term. The temporary zone allows for an appropriate interim use of the site.

3) The recommended action would allow for the re-establishment of a temporary zone previously applied in 2003. This zone would allow for the continued use of the site as a building or contracting establishment.

1

LEGEND

DOWNTOWN AREA

REGIONAL SHOPPING AREA

COMMUNITY SHOPPING AREA

NEIGHBOURHOOD SHOPPING AREA

ASSOCIATED SHOPPING AREA COMMERCIAL

BUSlNESS DISTRICT

ARTERIAL MIXED USE DISTRICT

HIGHWAY SERVICE COMMERCIAL

RESTRICTEDlHlGHWAY SERVICE COMMERCIAL

RESTRICTED SERVICE COMMERCIAL

COMMERCIALPOLICY AREA

MULTI - FAMILY, HIGH DENSITYRESIDENTIAL

MULTI - FAMILY, MEDIUM DENSITY RESIDENTIAL

LOW DENSIP/ RESIDENTIAL

~

~

i DEFERRED AREAS

w - 7 AREAS OFFICEAREA L .I UNDER APPEAL

OFFlCElRESlDENTlAL

OFFICE BUSINESS PARK

GENERAL INDUSTRIAL

LIGHT INDUSTRIAL

REGlONAL FACILITY

COMMUNITY FACILITY

OPEN SPACE

URBAN RESERVE - COMMUNLTY GROWTH

URBAN RESERVE - INDUSTRIAL GROWTH

r

RURAL SETTLEMENT

ENWRONMENTAL REVIEW

AGRICULTURE

4 URBAN GROWTH BOUNDARY

I THIS IS AN EXCERPT FROM THE PLANNINQ DIVISION'S WORKING CONSOLIDATION OF SCHEDULE A TO THE CITY OF LONDON OFFICIAL PLAN, WITH ADDED NOTATIONS

CITY OF LONDON DEPARTWNT OF P L A " G AND DEVELOPMENT

OFFICIAL PLAN SCHEDULE A - LAND USE

FILE NO. I 2-7274 EL MAP PREPARED

January 11,2007

... n A ... I n ,...*,.*,.

0 A n A c * ,, .. .> n

COUNCIL APPROVED ZONING FOR THE SUBJECT SITE: URZ

OR - OFFlCElRESlDENTlAL 1) LEGEND FOR ZONlNG BY-UWZ-I OC -OFFICE CONVERSION

RO ~ RESTRlCTED.OFFlCE R1 SINGE DETACHED DWELLINGS OF -OFFICE R2 -SINGLE AN0 TWO UNIT DWELLINGS R3 -SINGLE TO FOUR UNIT DWELLINGS R4 - STREET TOWNHOUSE R5 -CLUSTERTOWNHOUSE R6 -CLUSTER HOUSING ALL FORMS R7 SENIOR'S HOUSING R8 .MEDIUM DENSITY/LOW RISEAPTS. RB . MEDIUM TO HIGH DENSINAPTS. R10 -HIGH DENSITY APARTMENTS R l l LODGING HOUSE

DA ~ DOWNTOWN AREA LI -LlQHT INDUSTRIAL RSA -REGIONAL SHOPPING AREA CSA ~COMMUNIN SHOPPING AREA NSA . NEIGHBOURHOOD SHOPPING AREA BDC . BUSINESS DISTRICT COMMERCIAL AC -ARTERIAL COMMERCIAL HS HIGHWAY SERVICE COMMERCIAL RSC ~ RESTRICTED SERVICE COMMERCIAL CC ~ CONVENIENCE COMMERCIAL SS -AUTOMOBILE SERVICE STATION ASA -ASSOCIATED SHOPPING AREA COMMERCIAL

RF -REGIONAL FACILIN CF -COMMUNITY FACILITY NF - NEIGHBOURHOOD FACILIN HER ~ HERITAGE DC -DAYCARE

OS -OPEN SPACE CR -COMMERCIAL RECREATION

OB -OFFICE BUSINESS PARK

GI -GENERAL INDUSTRIAL HI - HEAW INDUSTRIAL EX -RESOURCE EXTRACTIVE UR -URBANRESERVE

AG -AGRICULTURAL AGC - AGRICULTURAL COMMERCIAL RRC ~ RURAL SETTLEMENT COMMERCIAL TGS -TEMPORARY GARDEN SUITE

DEPARTMENT OF PLANNING AND DEVELOPMENT

1:8396

0 100 Meters SCHEDULE A I I TnlS MA? S A h UNOFF.CIALEXTR4CT FROMThEZONING BY-LAWWITr(ADDED NOTATIONS 0

I Agenda Item # Page #

Date Application Accepted: Nov. 8, 2006

I 2-7274lE.Ling

Agent: Nemesia Demello

BACKGROU~D I I

On September 15, 2003, Council passed an amend, In ent to Zoning By-law No. 2000 (former By-law No. 2.-1-031158 I File 2-6523:

Town of Westminster) deleting 3836 Colonel Talbot qoad from said By-law, adding the subject lands to Zoning By-law 2.-1 and applying an Urban Reserve Temporary Use (UR2rT-40) Zone permitting existing dwellings, agricultural uses, conserv tion lands, managed woodlot, wayside pit, passive recreation uses and the temporary use of the existing buildings for a building or contracting establishment for a period of three years. Further, the request to retain the existing General Industrial (M2-1) Zone for the subject pro'erty 6' was refused due to the desire for "residential growth" once. the area does develop, as eniisioned in Schedule A of the Official Plan.

This temporary zone lapsed in September of 2006 and the property owner is now seeking the re- establishment of a temporary zone for the same range of uses.

The applicant is seeking the Temporary ( T - 1 Zone for another three year period permitting the continued operation of a building or contracting establishment at 3836 Colonel Talbot Road in order to provide insulation products and services to the home building industry. It is intended that insulation products will continue to be stored in existing buildings on the site until such time as they are to be delivered to customers. A portion of the existing residential building has been used as an administrative office for the insulation business.

City planning staff informed the applicant during the original application process that the City's Official plan requires that the subject property and adjacent lands develop for residential uses over the long-term. It was indicated in a letter dated April 9, 2003 that "...any request to extend the temporary use zoning will not be supported once an area study is underway or imminent. A further letter of July 4, 2003 was sent to the applicant based on the understanding that an area plan to determine the appropriate land use designation(s) for the subject property and adjacent lands would eventually be developed. Both of these letters are included herein following this report, and the applicant has been reminded of the ultimate outcome land use plan for this area.

- 11 a build'ng or contraking establishment as a temporiry use.

SITE CHARACTERISTICS:

0 Current Land Use - Building or Contracting Establishment

Frontage - 1 15 metres (377 ft .)

s Depth - 294 metres (965 ft .)

Area - 1.84 Ha. (4.5 acres)

0 Shape - Irregular

4


SURROUNDING LAND USES:

North - Industrial Uses South -Vacant residential land owned by a "non-farmer" with a portion being

East - Vacant residential land owned by a "non-farmer" with a portion being farmed

farmed West - South Winds Residential Subdivision

OFFICIAL PLAN DESIGNATION: (refer to map on page 2)

EXISTING ZONING: (refer to map on page 3 )

Low Density Residential

UR2

PLANNING HISTORY

The subject property was zoned General Industrial (M2-1) in the former Town of Westminster Zoning By-Law 2000 when the initial Zoning By-law Amendment application was made in 2003.

The subject property was rezoned as an Urban Reserveremporary Use (UR2/T-40) Zone on September 15,2003 by By-law No. 2.-1-031158.

Sometime between April 2004 and April 2005 a structure was erected onsite for storage purposes for which a building permit was not obtained.

The applicant has applied to have the temporary zone re-instituted to permit 3836 Colonel Talbot Road to be used for a building or contracting establishment for another three (3) years.

The Environmental and Engineering Services Department (EESD) offers the following comments with respect to the application.

. A road widening dedication to allow for 18 meters from the centerline of Colonel Talbot Road to the subject sites property line may be required.

Presently there are no municipal sanitary services available to service the subject site. Suitable private sanitary treatment systems need to be provided to accommodate the proposed land use.

n

At the time of the original application (2003) the Planning Department indicated to the applicant that our support was based on the understanding that (the applicant) would be receptive to an area pian andlor study at some point in the future for the subject and surrounding lands. At such time, any request to extend the temporary use zoning will not be supported. That information was provided to the applicant in the form of two separate letters that have been sent again as the situation is still the same with regard to departmental support and an imminent area study, Copies of these letters have been attached on pages 9 and 10 of this report.

There were no other significant departmental comments provided by any of the circulated agencies.

5


PUBLIC LIAISON:

Z-7274IE.Ling ~ ~~

Living in the City, December 18, 2006 - 39 Letters Sent 0 replies received

ANALYSIS

Existinq Situation:

The subject property is the former location of the Lafarge Canada concrete manufacturing facility. For the past three years the site has been used as a building or contracting establishment by the applicant, as permitted by expired temporary use by-law “T-40. There have been no complaints registered against the property since the By-law was introduced, aside from the complaint regarding the erection of an on site building without permit. TKFV Holdings Ltd. has applied to re- establish temporary zoning on the site.

Surrounding uses to the south and east are agricultural lands, while lands to the north are industrial. Lands to the west include the “Southwinds” subdivision, and two additional subdivisions approved by the City after the annexation in 1993. As noted above, there have been no complaints relating to the use of the property for a building or contracting establishment and it could be said that this use has not had a negative impact on adjacent uses. Traffic to the subject property will continue to be limited to employees entering the property at the beginning of the work day, and returning at the end of the day. Deliveries to the property are made in small delivery vehicles and have not apparently had an impact on traffic or noise in the area.

Municipal storm,and sanitary services are not available to the subject property. This constrains the development potential for the property at this time. The requested building or contracting establishment use is considered to be a “dry” use in that it does not rely on municipal water and sanitary services for manufacturing or processing purposes. A small number of employees are employed on the premises and there is still no residential component proposed for the use.

A building was erected on site since the passing of the original by-law to store materials and supplies. The building - while requiring a building permit - is not considered a permanent structure. The applicant will be required to acquire a building permit to bring the new structure into compliance, or remove the structure entirely, prior to the granting of a new temporary use bylaw.

Official Plan Policies:

The subject property and surrounding lands are designated Low Density Residential in the City’s Official Plan (1989). This designation permits residential uses in the form of single detached dwellings, semi-detached dwellings, duplex dwellings, converted dwellings, and in some cases, townhouse dwellings to a maximum density of 30 units per hectare (12 units per acre). As such, the requested building or contracting establishment does not conform to the long-term intended policy direction for the general area. However, given the industrial history of the subject property and the lack of municipal services in the area, it is appropriate to consider an interim or temporary use for the property that does not rely on municipal services, and that does not have an increased negative impact on adjacent properties.

Policy 19.4.5. of the Official Plan states that a Temporary Use By-Law may be used where the temporary use is considered compatible with adjacent uses, and maintains the intent of the

6

Agenda item # Page #

2-7274lE.Ling

Official Plan. While the long-term intended use of the subject lands is residential, the proposed continuation of the "building or contracting establishment" is appropriate on a temporary basis until such time as an area plan is underway or imminent.

Zonina Bv-Law Renulations:

The current zoning for the subject property is an Urban Reselve (UR2) Zone. The proposed amendment will once again allow for the requested use on a temporary basis. After the expiration of the Temporary Use Zone, only the Urban Reserve (UR2) Zone will apply to the subject property - as is currently the case. A further Zoning By-Law amendment will be required at the time of a future proposed residential development.

Concerns of Adjacent ProDertv Owners: During the original application process in 2003, an individual called regarding concerns about traffic volumes on Colonel Talbot Road and associated noise and safety issues. At the time of writing of this report, there have been no comments from the public, no calls regarding the site, and since the passing of the original by-law September 15, 2003, no complaints have been registered.

I1 CONCLUSION

The recommended zoning will permit the continued operation of a building or contracting establishment for another temporary period of three years. This use is considered to be an appropriate interim use for the subject property in that it will have (as demonstrated) a limited impact on adjacent properties. It is still intended that over the long-term the subject property, and adjacent lands, will develop for uses that are in conformity with the Low Density Residential policies of the Official plan that apply to the area.

It is recommended three readings of the By-law be withheld until such time as the applicant, TKFV Holdings Ltd., has resolved a Property Standards complaint from November 2006, based on a structure erected on the site without acquiring a building permit sometime between April 2004 and April 2005

PREPARED BY:.-. I " *'/. I SUBMITTED BY: ll\ I

c ,,I ETHANLING, .&

PLANNER, IMPLEMENTATION

RECOMMENED BY: // 1)

1

R. W. PANZER / / GENERAL M A N A G E R ~ F PLANNING AND DEVELOPMENT

January 16,2007 ELlel

Y \Sharea\lMPLEMEN\DEVELOPMENT APPSD006 Appllcat ons 7075 to\7274Z - 3836 Colonel Talbot RdE-7274 Planning Report.doc

7

Agenda hem # Page #

Z-72741E.Ling

Responses to Public Liaison Letter and PubWafion in "Living in the Ciw"

Telephone Written

Name: Name:

8

_ . London

C A N A D A

April 9,2003

Sergio E Pompilii &Associates Limited. 124 Chepstow Close

x London, ON N6G 352 ,r

Dear Mr. Pompilii:

Re: 3836 Colonel Talbot Road: Temuorarv Use'.Zoninn; lnsulcon insulation In%

Further to our meeting af. March 3 0 ~ and your ietter of March 3Ist, we have reviewed the proposal to rezone the above-noted-site to permit. it,to be used byhsulcon insulation on a temporary use basis. We would Be prepared to support this request on the clear understanding that your client accepts that these lands will be subject to an area study at some point in the future which will determine.Officiai Pian land use designations. In ail likelihood the subject lands will be designated for residential use. At such time an area study is underway or imminent, any request to extend the temporary use, zoning will not be supported. We will also expect your client to undertake a clean-up of the property as indicated a t our meeting.

The above comments are based on the limited information that yo'u have prov ip-and a preliminary' review of planning documents. Should the inquiry lead to an"applicatlon, consideration will b$..gjven to

' , public and 'agency input as part of our final recommendation. The final recommendation..may vary from this .initial response based on this .consultation and further revfew.

If you have any questions concerning these comments, please do not hesitate to call,

Rob Panzerr'M.E.S., M&, RPP Director of Planning

RWPIjar

C.C. 7

The Co,rporatipn of the City of L?P~BK Office: 519,661-4980 Direct Line: 51 9-861-8435 Fax: 519-661-5397 [email protected] w.city.ioridon.on.ca

Y:\\Shared\lMPLEMEN\Rm2003\3808 Colonel Tablof.doc

300 Dufferln Avenue P.O. Box 5035 London, ON N6A4L9

London C A N A D A

July 4, 2003

Insuicon Insuiations'hc. C/O Mrs. DeMeio , . 2182 Wharncliffe Srreet S. London, ON N6P 1Ll

Dear Mrs. DeMelo:

Re: 3836 Colonel Talbot Road: Minor Variance forBuilder's,Yard

Further to our meeting on Thursday Juiy 3,2003, and your subsequentteiephone conversatio,n,with . Ben Billings on Friday July 4,2003, we would like to clarify our position in the eventthat you elect'to proceed with a Zonlng By-Law amendment application.

. As you are aware, a'letter was sent to your office on April 9,' 2003 indicating our support for a rezoning appiic.atio,n for a temporary usezone for a Builder's Yard. This was based on the understanding that you would b e receptive tb an area plan at some point in the future to determine the appropriate land ,

use designation(s) for the subject propedy and adjacentrands. We remain committed to this position.

As explained to you, we are unable to process a minor variance aiplication for this property as there is no "iegai nonaconforming" status applicable to the property. However, we are agreeable to expediting a Zoning By-Law amendment application in support of a Builder's Yard as a temporary use. If an application is submitted within the next week, it will be possible to schedule the application for a Planning Gommittee meeting in September. If apapplication is notreceived within that time, it is

.

. . unlikely that a recommendati6n can be sub'mitted to aSeptember meetlng of the Planning Committee:

,.Should you have any questions .regarding-the above matter, please call Ben Billings at 661-5067,for further assistance. ..

The Corporation of the City ofLondon Office 519.661.4980 Fax 519.661.5087 [email protected] .ca w. london.ca


Z-72741E.Ling

Bill NO. (number to be inserted by Clerk's Office) 2007

By-law No. 2.-1-07

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 3836 Colonel Talbot Road.

WHEREAS TKFV Holdings Ltd. has applied to rezone an area of land located at 3836 Colonel

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 3836 Colonel Talbot Road, as shown on the attached map comprising part of Key Map No. 154, FROM an Urban Reserve (UR2) Zone TO an Urban Reservefremporary Use ( U R 2 f r - 2 Zone.

Talbot Road as shown on the map attached to this by-law, as set out below;

1) Section 50.2 (Temporary Zone) of By-law No. Z.-1 is amended to include the following:

The property located at 3836 Colonel Talbot Road may be permitted to be used for a Building or Contracting Establishment for a temporary period not exceeding three (3) years from the date of the passing of this By-law beginning

, 2007.

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.

It being noted that the City Clerk's Office will be requested to bring forward the proposed by-law at a future meeting of the Municipal Council once the applicant has satisfied the requirements of the Property Standards complaint and either acquired a building permit for the structure that was erected without a building permit, or the illegal structure is removed from the site.

Anne Marie DeCicco-Best Mayor

Kevin Bain City Clerk

First Reading - Second Reading - Third Reading -

11


File Number: 2-7274

Planner: EL

Date Prepared: 2007/01/11

Technician: CK

SUBJECTSITE

SCALE 1:fiOOO

100 0 100 Meters By-Law No: Z.4- -

from: i r. w. panzer ii general manager of...

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