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PLANNING JUSTIFICATION REPORT …. on behalf of …… Wharncliffe Enterprise Centre Inc.

…. in support an Official Plan and Zoning Bylaw Amendments to permit a the continuation of existing industrial uses.

…. at 1875 Wharncliffe Road South at Exeter and Bostwick Roads, in the City of London.

April 2019

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TABLE OF CONTENTS

1.0 Introduction and Proposal ………………………………………..…………………………….. page 3

2.0 Summary of Proposal ……………………………………………………………………….……….. page 10

3.0 Site Context ………………………………………………………………………………………………. page 10

4.0 Planning Policy……………………………….………………………………………………………….. page 13

4.1 Provincial Policy Statement ……………………………………………………………….. page 13

4.2 City Policy Framework………………………………………………………….…………… page 14

Recommended Official Plan Amendment .………………………………………….. page 19

5.0 Zoning By-law and Recommended Zone .……………………………………………….. page 19

Recommended Zoning Bylaw Amendment …………………………………………. page 15

6.0 Conclusion……………………………………………………………………………………….……….. page 22

Bibliography …………………………………………………………………………………………………… page 23

Figures Figure 1 – Location Map Figure 2- 4 – Photos Figure 5 – Table to summarize existing uses Figure 6 – Building Areas map Figure 7 – Photo along entrance road Figure 8 – Aerial Site Map

Appendix 1 – City Record of Pre-application

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1.0 INTRODUCTION and PROPOSAL

The following document is a Planning Justification Report for an Official Plan Amendment

(OPA) and a Zoning By-law Amendment (ZBA) application to permit the continuation of long

established industrial uses, all on a site of 8.4 ha. See Figure 1. The area land ownership is

an important part of this application. Large tracts of lands to the north and west are owned

by the same principles as the Applicant ( being York Developments) and they are cognizant of

and wish to conform to land use policy and wish to avoid and land use conflicts in the future

in order to protect their investment.

Figure 1: Location Map of Subject Lands showing subject site in red circle, at 1875

Wharncliffe Road South. (source: City of London)

THE Wharncliffe Enterprise Centre Inc. DEVELOPMENT PROPOSAL

The property is currently occupied by 12 industrial businesses which are described as

follows:

(a) Blue Rose Trucking - has operated from the Property since 1992 and its uses have

included truck service or maintenance and storage. The rented space is located in Building B

– Units 120and 220 – 3445 sq. ft. = 320 m2 gross floor area and an outdoor open storage

area of about 1 acre= 0.405 ha. The defined zone use would be TRUCK SALES AND SERVICE

ESTABLISHMENT.

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(b) Car Mix Auto- has operated from the Property since August 2004 and its uses have

included automotive and truck service or maintenance. The rented space is located in

Building A – Unit 103 – 541sq. ft. = 50 m2 gross floor area and an outdoor open storage area

of about 1 acre= 0.405 ha. The defined zone use would be a TRUCK SALES AND SERVICE

ESTABLISHMENT and an AUTOMOBILE REPAIR GARAGE.

(c) Ford- has operated from the Property since January 2015 and its uses have included

automotive storage. The rented space is an outdoor open storage area of about 2 acres =

0.81 ha. The defined zone use would be STORAGE DEPOT with OPEN STORAGE.

(d) Canadian Premier Automotive Ltd. operating as Toyota Town - has operated

from the Property since September 2014 and its uses have included automotive storage

and detailing . The rented space is located in Building A – Units 108 and 120 – 11,558 sq. ft.

= 1167 m2 gross floor area and an outdoor open storage area of about 2 acres = 0.81 ha.

The defined zone use would be an “AUTOMOTIVE USE” and a "WAREHOUSE

ESTABLISHMENT and OPEN STORAGE

(e) Edwards & Sons Complete Landscape Contractors - has operated from the

Property since September 2004 and its ancillary uses have included fleet maintenance. The

rented space is located in Building B – Unit 123 – 6308 sq. ft. = 586 m2 gross floor area and

an outdoor open storage area of about 1 acre = 0.405 ha. The defined zone use would be

BUILDING OR CONTRACTING ESTABLISHMENT and a SERVICE TRADE. SEE Figure 2 –

below

Figure 2

(f) Service Master London - has operated from the Property since August 2013. The rented

space is located in Building A – Unit 100 – 10,375 sq. ft. = 964 m2 gross floor area. The

defined zone use would be SERVICE AND REPAIR ESTABLISHMENT and REPAIR AND RENTAL

ESTABLISHMENT. SEE Figure 3 below.

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Figure 3

(g) Can-Lift Equipment Ltd. - has operated from the Property since November2014 and its

uses have included service, leasing, and sales of lift equipment. The rented space is located in

Building B – Unit 124 – 6005 sq. ft. = 558 m2 gross floor area and an outdoor open storage

area of about 1 acre = 0.405 ha. The defined zone use would be REPAIR AND RENTAL

ESTABLISHMENT. SEE Figure 4 below.

(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii)

h) Figure 4

h) Just Cozy Warehousing – The rented space is located in Building A – Units 102, 104, 105, 106, 107 – 35,948 sq. ft. = 3340 m2 gross floor area. The defined zone use would be WAREHOUSING ESTABLISHMENT.

i) Moduloc – suppliers and installers of construction fencing and hoarding. The rented space is

located in Building C – Units 110 and 113 – 3813 sq. ft. = 354 m2 gross floor area and an

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outdoor open storage area of about 1 acres = 0.405 ha. The defined zone use would be a

BUILDING OR CONTRACTING ESTABLISHMENT.

j) Dixie Exteriors – a building maintenance company. The rented space is located in Building C

– Units 110 and 113 – 1592 sq. ft. = 148 m2 gross floor area. The defined zone use would be

a BUILDING OR CONTRACTING ESTABLISHMENT.

k) Kent Industries -- a building maintenance company. The rented space is located in Building C

– Units 110 and 112 – 1472 sq. ft. = 137 m2 gross floor area. The defined zone use would be

a BUILDING OR CONTRACTING ESTABLISHMENT.

l) General Storage and Warehousing -- The rented space is located in Building B – Unit 121 –

8107 sq. ft. = 753 m2 gross floor area. The defined zone use would be a WAREHOUSING

ESTABLISHMENT.

Figure 5

SUMMARY TABLE OF TENANTS, SPACES and USES – 1875 Wharncliffe Road South

BUILDING AND UNIT USER NAME FLOOR AREA and OPEN AREA USED

FUNCTION DEFINED ZONE USE FROM CITY ZB

Building A – Unit 100 Service Master London - since August 2013. The defined zone use would be

10,375 sq. ft. = 964 m2 gross floor area.

Building maintenance

SERVICE AND REPAIR

ESTABLISHMENT

Building A – Units 102, 104, 105, 106, 107

Just Cozy Warehousing .

35,948 sq. ft. = 3340 m2 gross floor area.

Storage and warehousing

WAREHOUSING ESTABLISHMENT

Building A – Units 108 and 120

Canadian Premier Automotive Ltd. operating as Toyota Town - since September 2014

11,558 sq. ft. = 1167 m2 gross floor area - outdoor open storage area of 2 acres = 0.81

automotive storage and detailing

“AUTOMOTIVE USE” and a "WAREHOUSE ESTABLISHMENT with OPEN STORAGE

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ha.

Building A – Unit 103 – Car Mix Auto- since August 2004 The rented space is located

541sq. ft. = 50 m2 gross floor area - outdoor open storage area of 2 acre= 0.81 ha.

automotive and truck service or maintenance.

TRUCK SALES AND SERVICE ESTABLISHMENT and AUTOMOBILE REPAIR GARAGE.

Building B – Units 120 and 220

Blue Rose Trucking - since 1992

3445 sq. ft. = 320 m2 gross floor area - outdoor open storage area of 2 acres= 0.81 ha.

truck service , maintenance and storage.

TRUCK SALES AND SERVICE ESTABLISHMENT.

Building B – Unit 121 General Storage -Warehousing

8107 sq. ft. = 753 m2 gross floor area.

Storage and warehousing

WAREHOUSING ESTABLISHMENT.

Building B – Unit 123 Edwards & Sons Complete Landscape Contractors - since September 2004

6308 sq. ft. = 586 m2 gross floor area - outdoor open storage area of 2 acres = 0.81 ha

Landscape installations and maintenance

BUILDING OR CONTRACTING ESTABLISHMENT

Building B – Unit 124 Can-Lift Equipment Ltd. - since Nov.2014. REPAIR AND RENTAL ESTABLISHMENT.

6005 sq. ft. = 558 m2 gross floor area and an outdoor open storage - 2 acres = 0.81 ha.

service, leasing, and sales of lift equipment

REPAIR AND RENTAL ESTABLISHMENT.

Building C – Units 110 and 113

Moduloc – –The defined zone use would be a

3813 sq. ft. = 354 m2 gross floor area - outdoor open storage of 2 acres = 0.81 ha.

suppliers and installers of construction fencing and hoarding.

BUILDING OR CONTRACTING ESTABLISHMENT.

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Building C – Units 110 and 113 –

Dixie Exteriors – 1592 sq. ft. = 148 m2 gross floor area.

a building maintenance company.

BUILDING OR CONTRACTING ESTABLISHMENT.

Building C – Units 110 and 112

Kent Industries - – 1472 sq. ft. = 137 m2 gross floor area.

a building maintenance company.

BUILDING OR CONTRACTING ESTABLISHMENT.

TOTAL 8377 m2 = 90,172 sq. ft. Building space and 5 ha of open storage

Figure 5 summarizes the tenants and uses with floor areas and areas of open storage. Figure 6 – next page -- illustrates the floor areas of the three buildings on the site. The OFFICIAL PLAN establishes designates the subject lands as “MULTI FAMILY MEDIUM

DENSITY RESIDENTIAL” (MFMDR) permitting various forms of residential housing forms and

tenures generally.

The SOUTHWEST SECONDARY PLAN (SWAP) describes the subject lands to be within the

BOSTWICK NEIGHBOURHOOD and perpetuates the MFMDR designation in Schedule 1. Section

20.5.12 describes that:

The LONDON PLAN establishes a NEIGHBOURHOOD place type and comprises policies very

similar to the Official Plan and SWAP.

FINDING: There is no opportunity in the above policy framework to conform as none of the

existing uses would be conformity with the multi-family residential land use designations.

Therefore an Amendment to the Official Plan is required.

FINDING: The Existing Zoning is Urban Reserve – UR4 which does not permit any of the existing uses. Therefore an Amendment to the Zoning Bylaw is required.

The following three options to remedy the zoning compliance challenges of the existing uses

were discussed with the City Staff during Pre-consultation:

UR6

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1. Have the uses recognized as LEGAL NON-CONFORMING through an application to the Committee of Adjustment;

Figure 6 – plan of building layouts, units, and spaces in square feet.

Note the three buildings, Building A, Building B, and Building C.

2. Prepare and submit and an application to REZONE – which may cause an amendment to the Official Plan as well – using a Chapter 10 special provision;

3. Prepare and submit a TEMPORARY USE BYLAW for 3 years.

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Option 2 was believed to be the preferred approach to resolving the zoning problem., and this is pursued in this Report

The Report follows the direction of the Record of Pre-application provided by the City and

dated April 2, 2019 and copied in the Appendix. This Report demonstrates that the proposed

continuation of industrial uses would generally be in keeping with Provincial and Municipal

land use planning policies, is suitable for the subject lands, and would be compatible with

neighbouring land uses.

2.0 Summary of Proposal

The Proponent proposes to have the existing uses recognized in the City’s zoning bylaw.

Section 1.0 provides the narrative and table of the following business features:

Tenants

Location on site

Areas of space and land rented buy user

Zoned USE as set out the Zoning Bylaw.

Therefore, for the existing uses to be permitted the lands would need to be rezoned to

permit the following defined uses:

TRUCK SALES AND SERVICE ESTABLISHMENT

AUTOMOBILE REPAIR GARAGE

WAREHOUSE ESTABLISHMENT

OPEN STORAGE

BUILDING OR CONTRACTING ESTABLISHMENT

STORAGE DEPOT

SERVICE AND REPAIR ESTABLISHMENT

REPAIR AND RENTAL ESTABLISHMENT

See Figure 6 above and Figure 7 below for the aerial site map of site. The businesses all operate on

private indivicual septic system and private well water. The Applicant does intent to hook up to

municipalwater supply in the future.

3.0 THE SITE CONTEXT

Roll number: 010430357000000

Legal description: PLAN 243 PT LOT 1 PT LOT 2 ………..IRREG

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Site Area –8.4 ha in area

Lot Frontage - 40 m of frontage along Wharncliffe Road. The frontage is split into 2 – 20 m

widths which was created to improve vehicular access to Wharncliffe Road South.

Existing building floor area - 7413 m2 - 1 and 2 storey

Existing open storage area - 5 ha

Wooded area – 1 ha

Figure 7 – viewing northerly along entrance raod showing the south face of industrial

buildings and parking areas.

Surrounding land use: The subject lands are surrounded by a variety of land uses.

To the NORTH is golf course use and part of a major golf equipment store and zoned UR4-T52.

To the EAST is a major commercial big box development and zoned Associated Shopping Area ASA

To the WEST is agricultural crop lands and zoned UR4-T52 and the latter means Lands located

at 1875 Wharncliffe Road South, comprising part of Key Map No. A111, may be used for a golf driving

range and accessory uses (including a 140 m2 golf pro shop and a 93 m2 golf training facility within an

existing building) for a period not exceeding three (3) years, beginning June 12, 2006.

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To the south is Wharncliffe Road South but just to the south are vet offices, pool installation

company and a landscape supply and sales establishment and zoned Restricted Service

Commercial - RSC. On the south side of Wharncliffe are commercial uses and zoned RSC as

well

The conclusion is that there is dominance of existing commercial and industrial small

businesses operating in the area that do not pose a threat to land sue compatibility.

Figure 8 – aerial site map. (London 2018)

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3.0 PLANNING POLICY

3.1 Provincial Policy Statement (PPS)

The Wharncliffe Enterprise Centre proposal is consistent with the Provincial Policy Statement

(PPS). The following are the more relevant policies.

Section 1.1.3: Settlement Areas:

• Settlement areas shall be the focus of growth and their vitality and regeneration shall be

promoted.

• Land use patterns within settlement areas shall be based on: ….. densities and a mix of

land uses which efficiently use land and resources… 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, and minimize negative impacts to

air quality and climate change, and promote energy efficiency in accordance with policy 1.8;

Section 1.6. -- Infrastructure and Public Service Facilities:

Infrastructure and public service facilities shall be provided in a coordinated, efficient and

cost-effective manner to accommodate projected needs. Planning for infrastructure and

public service facilities shall be integrated with planning for growth so that these are

available to meet current and projected needs.

The use of existing infrastructure and public service facilities should be optimized,

wherever feasible, before consideration is given to developing new infrastructure and

public service facilities.

Section 1.6.6.4 Where municipal sewage services and municipal water services or

private communal sewage services and private communal water services are not

provided, individual on-site sewage services and individual on-site water services may

be used provided that site conditions are suitable for the long-term provision of such

services with no negative impacts. In settlement areas, these services may only be

used for infilling and minor rounding out of existing development.

The proposal would support business that contributes to local employment and prosperity

(Section 1.3).

RESPONSE: The Wharncliffe Enterprise Centre proposal contributes to achieving all of the

above policies by:

Contributes to economic prosperity by enabling the continuation of employment

and 12 businesses;

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Utilizing suitable existing infrastructure such as water and private sewers that

are suitable;

Being within a Settlement Area.

…. and therefore, in the opinion of the writer, is consistent with the PPS.

3.2 City of London Land Use Policy Framework

The policy framework comprises three parts as follows.

The OFFICIAL PLAN establishes designates the subject lands as “MULTI FAMILY MEDIUM

DENSITY RESIDENTIAL” (MFMDR) permitting various forms of residential housing forms and

tenures generally.

The SOUTHWEST SECONDARY PLAN (SWAP) describes the subject lands to be within the

BOSTWICK NEIGHBOURHOOD and perpetuates the MFMDR designation in Schedule 1. Section

20.5.12 describes that:

The LONDON PLAN establishes a NEIGHBOURHOOD place type and comprises policies very

similar to the Official Plan and SWAP.

There appears to be no opportunity in the above policy framework to recognize the existing

industrial uses and have them conform. Therefore an Amendment to the Official Plan is

required. The special provision Chapter 10 approach discussed with the City staff at Pre-

consultation is the approach taken in this Report to bring about conformity.

Chapter 10 sets out the criteria for considering a special provision and it states:

10.1.1.

Criteria

Notwithstanding the other land use policies contained in Section II of this Plan, policies for

Specific Areas may be applied where the application of existing policies would not accurately

reflect the intent of Council with respect to the future use of the land.The adoption of policies

for Specific Areas may be considered where one or more of the following conditions apply:

UR6

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i) The change in land use is site specific, is appropriate given the mix of uses in the area, and

cannot be accommodated within other land use designations without having a negative

impact on the surrounding area.

ii) The change in land use is site specific and is located in an area where Council wishes to

maintain existing land use designations, while allowing for a site specific use.

iii) The existing mix of uses in the area does not lend itself to a specific land use designation

for directing future development and a site specific policy is required.

iv) The policy is required to restrict the range of permitted uses, or to restrict the scale and

density of development normally allowed in a particular designation, in order to protect

other uses in an area from negative impacts associated with excessive noise, traffic, loss of

privacy or servicing constraints.

A review of the criteria would conclude that i), ii) and iv) criteria could apply to the

Wharncliffe Enterprise Centre situation. Criteria ii) is arguably the most applicable and is

the basis being put forth to establish a separate policy. The rationale for this is as follows:

The change in land sue is site specific

Is located in an area that has recently been studied through the SOUTHWEST Area

Plan and the London Plan

Council would likely wish to maintain the land use designations of Multi-family

Medium density Residential

A specific use is being requested based on Industrial land use classification.

Section 10.1.2. requires a Planning Impact Analysis to determine potential impacts on

surrounding land use designations. This policy context is measured against the performance

characteristics of the industrial uses in the following.

THE POLICY CONTEXT: The site is surrounded to the north, west and south with Medium

Density Multi-family Residential land use designations, and Wonderland Road Enterprise

Corridor on the east side. In addition, along the east and west sides is a major OPEN SPACE

designation following a hydro corridor of 50 m in width along the east side and a creek

valley lands along the west side of approximately the same width. Furthermore, the existing

uses surrounding the site are agricultural crop fields to the north and west, and commercial-

industrial to the south. The conclusion is that there are no sensitive land uses, such as

residential, healthcare institutional, educational institutional that would potentially suffer

from the impact of the existing industrial uses.

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LAND OWNERSHIP.

The lands to the north and west are owned by the same principles as the Applicant herein

and they are cognizant of the potential adverse impacts in the future and therefore are

planning now to avoid conflicts.

THE PERFORMANCE CHARACTERISTICS OF THE EXISTING INDUSTRIAL USES.

The 12 industrial uses themselves are characterized by static office or storage based uses,

indoor, periodic, few employees, mostly go off-site to perform their business activity, are

non-processing, and non-polluting.

The major potential impacting feature of the industrial uses is truck traffic, in terms of

frequency, types of trucks and their purpose. The auto dealers have large car transports

loading and unloading. Building contractor uses have small and medium sized service trucks.

Construction rental equipment such as fork lifts and front-end loaders, etc. are moved into

and out of the property.

Fortunately, any potential adverse impact by the above features can be mitigated by the

following:

1. The singular vehicle access is to the south to Wharncliffe Road South though industrial

commercial uses;

2. The uses on the subject lands are either indoors or well setback from the property

boundary;

3. The site is entirely fenced with a 2 m high chain link fence.

4. Most importantly, land ownership described above is of nature to ensure compatibility.

PLANNING IMPACT ANALYSIS

Section 3.7. 2 sets out criteria for Planning Impact Analysis and below is the list with a

response to each. This analysis is facilitated by the “existing” presence of the industrial uses

and given their condition and history, performance and impacts are identifiable.

(a) compatibility of proposed uses with surrounding land uses, and the likely impact of the

proposed development on present and future land uses in the area.

RESPONSE: Compatibility is measured by the impact on human health and safety,

nuisance of noise, odours, unsightliness, and invasion of privacy. The adverse impact is

compounded against sensitive land uses such as residential or healthcare and

educational institutional. None of these sensitive uses existing in the area. Future

residential planning and design in the area is controlled by land ownership which is of

the same principles as the Applicant. There would appear no measurable adviser impact

on existing adjacent land uses and roads.

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(b) the size and shape of the parcel of land on which a proposal is to be located, and the

ability of the site to accommodate the intensity of the proposed use;

RESPONSE: The existing 12 businesses have ample space on site and some of the site is not

even used for the tenants.

(c) the supply of vacant land in the area which is already designated and/or zoned for the

proposed use; and

RESPONSE: There is little industrially designated and zoned land in the specific area as the

intention is to accommodate these uses in industrial parks or industrial malls. Theren would

be space along Exeter Road, but vacancies are few.

(d) the proximity of any proposal for medium or high density residential development to

public open space and recreational facilities, community facilities, and transit services, and

the adequacy of these facilities and services.

RESPONSE: the lands are not proximal to existing residential and public open space areas,

except for the Hydro corridor along the east side of the subject lands which hold potential

for open space connectivity when the lands develop to the north and west. London Transit

Routes 12 ( Downtown, Wharncliffe, Wonderland) and 28 Westmount to Lambeth) serve the

area. The continuation of the 12 existing businesses will not impact adjacent land uses and

have the potential to support public transit.

(d) the need for affordable housing in the area, and in the City as a whole, as determined by

the policies of Chapter 12 - Housing.

RESPONSE: not applicable

(e) the height, location and spacing of any buildings in the proposed development, and any

potential impacts on surrounding land uses;

RESPONSE: buildings are well set back from edge of property and are mostly 1 storey in

height and therefore there would be no adviser impact.

(f) the extent to which the proposed development provides for the retention of any desirable

vegetation or natural features that contribute to the visual character of the surrounding

area;

RESPONSE: no vegetation will be removed to enable the 12 existing businesses to continue

operation.

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(h) the location of vehicular access points and their compliance with the City’s road access

policies and Site Plan Control By-law, and the likely impact of traffic generated by the

proposal on City streets, on pedestrian and vehicular safety, and on surrounding properties;

RESPONSE: Adverse impacts on traffic have been improved with the new access location at

Wharncliffe Road South. The continuation fo the 12 businesses will have no significant

effect on traffic in the area.

(i) the exterior design in terms of the bulk, scale, and layout of buildings, and the integration

of these uses with present and future land uses in the area;

RESPONSE: the existing buildings operate out of three older legacy style industrial buildings.

They are equal in design to existing surrounding buildings. They would likely be demolished

and replaced with residential land use and integrated with surrounding residential

developing lands in the future. For now the existing buildings are in a state of good repair

and fit in.

(j) the potential impact of the development on surrounding natural features and heritage

resources;

RESPONSE: There are no significant natural features and there are no heritage resources to

preserve. The 12 existing businesses will not adversely impact these resourse in order to

continue operation.

(k) constraints posed by the environment, including but not limited to locations where

adverse effects from landfill sites, sewage treatment plants, methane gas, contaminated

soils, noise, ground borne vibration and rail safety may limit development;

RESPONSE: not applicable.

(l) compliance of the proposed development with the provisions of the City’s Official Plan,

Zoning By-law, Site Plan Control By-law, and Sign Control By-law; and

RESPONSE: The 12 businesses are already complying with these policies and bylaws.

(m) measures planned by the applicant to mitigate any adverse impacts on surrounding land

uses and streets which have been identified as part of the Planning Impact Analysis;

RESPONSE: NO impacts, therefore no mitigation required.

(n) impacts of the proposed change on the transportation system, including transit

RESPONSE: no impacts.

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THE RECOMMENDED OFFICIAL PLAN AMENDMENT (OPA).

The recommended OPA would contain a specific policy for the subject lands to read as

follows:

“On the lands known as 1875 Wharncliffe Road south, the following existing industrial

uses are permitted within the buildings and existing floor areas and open storage areas

that exist when Council passes the Bylaw Amendment. The “existing use” shall be defined

by USE, Floor Area and open storage area.

TRUCK SALES AND SERVICE ESTABLISHMENT AUTOMOBILE REPAIR GARAGE

WAREHOUSE ESTABLISHMENT OPEN STORAGE

BUILDING OR CONTRACTING ESTABLISHMENT STORAGE DEPOT

SERVICE AND REPAIR ESTABLISHMENT

REPAIR AND RENTAL ESTABLISHMENT”

4.0 ZONING and RECOMMENDED ZONE

The entire site is zoned Urban Reserve – UR4 which permits

a) Existing dwellings;

b) Agricultural uses except for mushroom farms, commercial greenhouses livestock facilities

and manure storage facilities;

c) Conservation lands;

d) Managed woodlot;

e) Wayside pit;

f) Passive recreation use.

g) Kennels;

h) Private outdoor recreation clubs;

i) Riding stables;

The UR4 zone does not permit any of the existing industrial uses.

HISTORY: The previous zoning from Westminster Township was much different and much

broader. Some of the uses have the potential to be LEGAL NON-CONFORMING from this

Bylaw. The ZB is attached and shows the A2- 2 zone apply which permitted:

• Commercial garden centre- could permit Edwards & Sons Complete Landscape

Contractors as a legal non-conforming use.

• Industrial uses related to the food industry.

• Manufacturing- could permit London Trim and Door as a legal nonconforming use.

• Truck terminal- could permit Blue Rose Trucking, Car Mix Auto and Ford as legal non-

conforming uses.

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• Wholesale.

• Ice and cold storage.

• Laboratory for food processing.

The result is that only Can-Lift equipment is difficult to find to be legal non-conforming. In

conclusion, the legal non-conforming approach is not being pursued.

RECOMMENDED ZONING:

The proposed zoning amendment would be to request a special Provision be added to the

existing Urban Reserve UR4 Zone. The following are additional permitted uses in the UR4(**)

zone variation:

Existing industrial uses, with the SPECIAL PROVISION as follows:

“On the lands known as 1875 Wharncliffe Road south, the following existing industrial uses

are permitted within the existing buildings and floor areas and open storage areas that

exist when Council passes the Bylaw Amendment. In addition to the following industrial

uses listed is a table of building floor areas and open storage land areas that define the

“existing use”.

TRUCK SALES AND SERVICE ESTABLISHMENT AUTOMOBILE REPAIR GARAGE

WAREHOUSE ESTABLISHMENT OPEN STORAGE.

BUILDING OR CONTRACTING ESTABLISHMENT STORAGE DEPOT

SERVICE AND REPAIR ESTABLISHMENT

REPAIR AND RENTAL ESTABLISHMENT”

SUMMARY TABLE OF TENANTS AND USES – 1875 Wharncliffe Road South

BUILDING AND UNIT USER NAME FLOOR AREA and OPEN AREA USED

FUNCTION DEFINED ZONE USE FROM CITY ZB

Building A – Unit 100 Service Master London - since August 2013. The defined zone use would be

10,375 sq. ft. = 964 m2 gross floor area.

Building maintenance

SERVICE AND REPAIR

ESTABLISHMENT

Building A – Units 102, 104, 105, 106, 107

Just Cozy Warehousing .

35,948 sq. ft. = 3340 m2 gross floor area.

Storage and warehousing

WAREHOUSING ESTABLISHMENT

Building A – Units 108 and 120

Canadian Premier Automotive Ltd.

11,558 sq. ft. = 1167 m2 gross floor

automotive storage and detailing

“AUTOMOTIVE USE” and a "WAREHOUSE

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operating as Toyota Town - since September 2014

area - outdoor open storage area of 2 acres = 0.81 ha.

ESTABLISHMENT with OPEN STORAGE

Building A – Unit 103 – Car Mix Auto- since August 2004 The rented space is located

541sq. ft. = 50 m2 gross floor area - outdoor open storage area of 2 acres = 0.81 ha.

automotive and truck service or maintenance.

TRUCK SALES AND SERVICE ESTABLISHMENT and AUTOMOBILE REPAIR GARAGE.

Building B – Units 120 and 220

Blue Rose Trucking - since 1992

3445 sq. ft. = 320 m2 gross floor area - outdoor open storage area of 2 acres= 0.81 ha.

truck service , maintenance and storage.

TRUCK SALES AND SERVICE ESTABLISHMENT.

Building B – Unit 121 General Storage -Warehousing

8107 sq. ft. = 753 m2 gross floor area.

Storage and warehousing

WAREHOUSING ESTABLISHMENT.

Building B – Unit 123 Edwards & Sons Complete Landscape Contractors - since September 2004

6308 sq. ft. = 586 m2 gross floor area - outdoor open storage area of 2 acres = 0.81 ha

Landscape installations and maintenance

BUILDING OR CONTRACTING ESTABLISHMENT

Building B – Unit 124 Can-Lift Equipment Ltd. - since Nov.2014. REPAIR AND RENTAL ESTABLISHMENT.

6005 sq. ft. = 558 m2 gross floor area and an outdoor open storage - 2 acres = 0.81 ha.

service, leasing, and sales of lift equipment

REPAIR AND RENTAL ESTABLISHMENT.

Building C – Units 110 and 113

Moduloc – –The defined zone use

3813 sq. ft. = 354 m2 gross

suppliers and installers of

BUILDING OR CONTRACTING

22

would be a floor area - outdoor open storage of 2 acres = 0.81 ha.

construction fencing and hoarding.

ESTABLISHMENT.

Building C – Units 110 and 113 –

Dixie Exteriors – 1592 sq. ft. = 148 m2 gross floor area.

a building maintenance company.

BUILDING OR CONTRACTING ESTABLISHMENT.

Building C – Units 110 and 112

Kent Industries - – 1472 sq. ft. = 137 m2 gross floor area.

a building maintenance company.

BUILDING OR CONTRACTING ESTABLISHMENT.

TOTAL 8377 m2 = 90,172 sq. ft. Building space and 5 ha of open storage

5.0 Conclusion

Based on the aforementioned planning analysis, the proposal has been demonstrated:

1. to be a logical situation to enable the continuation of existing important and significant

businesses;

2. to be compatible with existing and future development;

3. to be consistent with the PPS;

4. to be in general conformity with the City of London Official Plan and the London Plan,;

5. to be accountable as to the EXISTING USES in the rezoning by defining the USES in terms

of function, building space occupied and open storage area occupied;

6. to contribute to local employment and the economy.

23

Bibliography

1. City of London Official Plan 2010

2. The London Plan 2018

3. City of London Zoning Bylaw Z-1

4. Provincial Policy Statement

____________________________________________

Appendix 1 – City Record of Pre-application

Note: Application fees will be changing on January 1, 2019. The following new/revised fees for new

applications submitted after January 1, 2019 are as follows: Combined Official Plan Amendment/Zoning

By-law Amendment Applications $20,000, Official Plan Amendment Applications $12,000, Zoning By-law

Amendment Applications $1 1,000, Proposal Summaries $250 (this amount will be discounted from the

fee of an associated application).

—

LondonCANADA

RECORD OF PRE-APPLICATION CONSULTATION

The following form is to be completed and signed off at/following the Pre-application

Consultation Meeting (PACM).

Date: April 2, 2019 (Record prepared April 5, 2019)

TO: Laverne Kirkness

FROM: Barb Debbert, Senior Planner

RE: 1875 Wharncliffe Road South

ATTENDEES: Laverne Kirkness, Ali Soufan, Barb Debbert

PLANNING APPLICATION TEAM: Barb Debbert, Jerzy Smolarek, Mustafa Almusawi, BrucePage, Laura Dent

City staff reviewed your Proposal Summary dated March 18, 2019 at an Internal ReviewMeeting on March 28, 2019. The following form summarizes a preliminary list of issues to beconsidered during the processing of your application. We have also identified the initial materialsubmissions (Studies, Reports, Background or Information) that must be submitted along withthe completed application form, required fees and this Record of Pre-Application ConsultationForm before your application will be accepted as complete for opening and processing.

Proposal

Recognize existing uses by one of three methods; Committee of Adjustment, TemporaryUse By-law, or CPA special policy/ZBA

Major issues identified• The Official Plan states that “A use which does not conform to both the Official Plan and

Zoning By-law should, over the long term, cease to exist, or relocate to an area where itwill conform to the Plan”.

e Staff are of the opinion an OPNZBA process would be the most appropriate form ofapplication.The authority under the Committee of Adjustment is limited to the expansion orenlargement of a use that does not conform to the Official Plan and Zoning By-law, or toa change in legal non-conforming use, or to allow a change in legal non-conforming use.The request does not fit within these authorities.

• The criteria for a temporary use includes an evaluation of the period of time any requiredbuildings are expected to remain. Temporary uses are not intended to support the longterm use of the land. Staff believe the proposed use does not comply with the intent ofthe Temporary Use tool.A Chapter 10 CPA under the 1989 Plan must be able to demonstrate that it meets oneof the four instances in which Council can consider a policy for a specific area. UnderThe London Plan, it must be able to demonstrate that it meets the criteria and policiesfor Specific Areas found in the Our Tools section.

• Selection of the most appropriate application type and process to follow is not indicativeof a staff recommendation or Council approval.

• If the application is submitted, it should also address matters related to:o Accuracy of the zone line on the property (T-52 (expired) applies to those lands

where Bob Martin golf facilities existed)o The long-term protection of ecological features and functions — it is our

understanding based on information provided by the owner at the preconsultationmeeting, that they are completing relevant environmental work as part of the

Bostwick Road tEA process. A holding provision may be applied to the lands toensure appropriate buffering and/or mitigation is implemented for futuredevelopment proposals in accordance with the underlying land use designationsand the SWAP.

8 Transportation Division has noted a future need for a road widening to 24 metres fromcenterline on Wharncliffe Road South.

• Staff have confirmed with our Legal Department that applications to amend both the1989 Official Plan and The London Plan. Any London Plan specific policies would comeinto force with the coming into force of the relevant OP Maps.

Studies, Reports, Background or Information to be completed and submitted with theapplication form

• Amendment to the 1989 Official Plan and The London Plan (1 fee will cover both)• Zoning By-law Amendment application and fees• Planning Justification Report• Existing development plan and Zoning Data Sheet• Electronic copies of all supporting background information (USB)

PRE-APPLICATION CONSULTATION HAS OCCURRED

rt4i; ENO

PLANNER:

PROPONENT:

________________________

DATE:

Disclaimer

The pre-application consultation process is intended to identify issues early in theprocess and to identify the reports, studies and information required to be submitted aspart of a complete application. A complete application enables Council to makeinformed decisions within a reasonable period of time and ensures that the public andother stakeholders have access to the relevant information early in the process. Whileevery effort has been made to identify information needs at this stage, additional issuesand/or information needs may be identified through the application review process andmay be requested at that time. Should a formal submission of an application notmaterialize within 9 months, a subsequent Pre-Application Consultation Meeting(PACM) will be required.

Council adopted The London Plan, the City’s new Official Plan for the City, on June 23,2016. It is not yet in force and effect, but should it come into force and effect before yousubmit your complete application, City staff may identify additional complete applicationrequirements at the time of application submission in order to comply with The LondonPlan policies.