Agenda Item Page blcouncil.london.ca/meetings/Archives/Agendas/Planning...facility including wood...

Page # Agenda Item #

bl 1 02-6574

Alanna Riley

That, on the recommendation of the Acting General Manager of Planning and Development, the following actions be taken with respect to the application by Green Lane Environmental Group Ltd. relating to the property located at 4645 Wellington Road South:

a) the attached by-law BE INTRODUCED at the Municipal Council meeting on April 5, 2004 to amend the Official Plan in accordance with the attached amendment to add a Special Policy Area (Chapter 10) to permit a residential and other source recycling facility including wood recycling, a waste transfer station not including hazardous waste, an in-vessel composting facility and a channel composting facility as additional uses within the Light Industrial land use designation at 4645 Wellington Road South;

b) the attached by-law BE INTRODUCED at the Municipal Council meeting on April 5, 2004 to amend Zoning By-law No. 2000(former Town of Westminster) in accordance with the attached enacting clause (in conformity with the Official Plan, as amended in part (a) above) to delete the General Industrial (M2-H) Zone and General Industrial (M2- 3) Zone from the subject property;

the attached by-law BE INTRODUCED at the Municipal Council meeting on April 5, 2004 to amend Zoning By-law No. Z.-1 in accordance with the attached enacting clause (in conformity with the Official Plan, as amended in part (a) above) to add the lands at 4645 Wellington Road South and apply a Holding General Industrial Special Provision (h- 2.h-18.GH ( )) Zone, a Holding General Industrial Special Provision (h-I &GI1 ( )) Zone, a General Industrial Special Provision (GI1( )) Zone and an Open Space Special Provision (OS4( )) Zone to ensure that the uses currently permitted on the site pursuant to the Certificate of Approval granted by the Ministry of the Environment, including a residential and other source recycling facility including wood, a waste transfer station not including hazardous waste, an in-vessel composting facility and a channel composting facility, continue to be permitted; and

d) the request to amend Zoning By-law No. Z.-1 in accordance with the attached enacting clause (in conformity with the Official Plan, as amended in part (a) above) to change the zoning of the hazard lands and natural heritage lands to apply a General Industrial Special Provision (GI1 ( )) Zone BE REFUSED.

It being noted that upon adoption of these amendments, Green Lane Environmental Group Ltd. will withdraw its appeals of Official Plan Amendment No. 296 and Zoning By-law No. 2.-1-031144 which are the City initiated amendments dealing with recycling and composting facilities.

1. The recommended Official Plan amendment adds a Special Policy to Chapter 10 of the Official Plan to permit the existing residential and other source recycling facility including wood, a waste transfer station not including hazardous waste, an in-vessel composting facility and a channel composting facility in accordance with the existing Certificate of Approval, in addition to the light industrial uses permitted within the Light Industrial designation that applies to the subject property.

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metres 500 I 1000 I 2500 I 201

L.OCATION MAP I

Subject Site: 4645 Wellingtarn Road S Planner: AR

Applicant: Green Lane Environmental Ltd. . Created By: ar

Roll Number: Date: I ll4l2003

File .Number: 02-6574 Scale: 1: 10000 0

N

CORPORATION OF THE CITY OF LONDON Prepared By: Planning & Development Department

H, Water

Buildings

Vegetation

.Ecological .Zone 3

Agenda Item # Page #

02-6574 Alanna Riley

2.

3.

4.

5.

6.

The Special Policy will recognize permitted uses while ensuring that the surrounding area will continue to develop for Industrial uses in keeping with the current Light Industrial designation which applies to this area.

The recommended open space zoning is consistent with the policies of Section 15.7.1 in the Official Plan and Provincial Policy Statement regarding hazard areas.

The holding (h-2) provision will ensure that future development will not have a negative impact on any environmentally sensitive feature.

The holding (h-I 8) provision will ensure that an archaeological assessment is conducted prior to any proposed future developments.

The proposed amendments have been initiated to resolve an appeal submitted by Green Lane Environmental Ltd. regarding recycling and composting facilities to recognize permitted uses.

In 1989, Green Lane Environmental Group Ltd. established a waste materials facility(waste processing and a transfer station) in accordance with a Certificate of Approval, site plan approval and a site specific amendment to the Town of Westminster‘s Zoning By-law.

In 1993, Green Lane proceeded to establish a composting facility in accordance with a Certificate of Approval, a permit from the Upper Thames Conservation Authority, site plan approval and a site specific zoning amendment.

In 1998, Green Lane appealed Official Plan Amendment 88 which included all those areas that were annexed to the City of London in 1993. A settlement was reached with respect to this appeal and pursuant to the Ontario Municipal Board’s Order, the subject site was designated Light Industrial.

On August 5, 2003 Council adopted City wide Recycling and Composting Facilities Official Plan and Zoning By-law amendments which direct most recycling and all composting operations to areas designated as General Industrial. Green Lane has appealed these amendments because the new policies and zoning will not recognize their permitted uses. Green Lane wants all permitted uses by their Certificate of Approval to be recognized under the current zoning and Official Plan designation.

Planning Staff and Green Lane Environmental Group Ltd. have had various discussions in an effort to resolve the appeal. The proposed resolution was a site specific rezoning and Official Plan amendment.

REQUESTED ACTION: To change the zoning from a General Industrial (M2-H) Zone and a General Industrial (M2-3) Zone under By-law 2000(former Town of Westminster) to a Holding General Industrial Special Provision (h.( )GI1 ( )) Zone and a General Industrial Special Provision (GI1 ( )) Zone in Zoning By-law Z-1 to ensure that the uses currently permitted on the site pursuant to the Certificate of Approval including a residential and other source recycling facility, a waste transfer station, an in-vessel composting facility and a channel composting facility continue to be permitted. The holding provision is to acknowledge the current limits of the holding zone under the current zoning which are not currently used pursuant to the current operations.

To change the Official Plan designation from Light Industrial and Open Space to a Special Policy Area (Chapter 10) to ensure that the property’s designation is consistent with the requested zoning for the continuation of the permitted uses.

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LEGEND

DOWNTOWN AREA ml OFFICE AREA

REGIONAL SHOPPING AREA OFFICE/RESI DENTI AL

0 DEFERRED AREAS

-11 AREAS !. I JI UNDER APPEAL

COMMUNITY SHOPPING AREA

NEIGHBOURHOOD SHOPPING AREA

OFFICE BUSINESS PARK GENERAL INDUSTRIAL

ASSOCIATiD SHOPPING AREA COMMERCIAL LIGHT INDUSTRIAL

BUSINESS DISTRICT el REGIONAL FACILITY

ARTERIAL MIXED USE DISTRICT

HIGHWAY SERVICE COMMERCIAL OPEN SPACE

COMNUNITY FACILITY

~ RESTRICTED/HlQHWAY SERVICE COMMERCIAL URBAN RESERVE - COMMUNITY GROWTH

1 x 1 RESTRICX'ED SERVICE COMMERCIAL URBAN RESERVE - INDUSTRIAL. QROWTH

COMMERCIAL POLICY AREA

MULTl - FAMILY, HIGH DENSITY RESIDENTIAL

' RURAL SETTLEMENT ENVIRONMENTAL REVIEW

MULTI - FAMILY, MEDIUM DENSITY RESIDENTIAL 1-1 AGRICULTURE

wd LOW DENSITY RESIDENTIAL 4 URBAN GROWTH BOUNRARY

THIS 18 AN EXCERPT FROM THE PLANNING.DIVISION'S WORKING COWSOLIDATION OF GCHEDULE A r0 THE CITY OF LONDON OFFICIAL PIAN, WITH ADDED NOTATIONS

CITY OF LONDON DEPARTMENT OF PLANNING AND DEVELOPMENT

OFFICIAL PLAN SCHEDULE A - LAND USE

I FILENO. I I 024674 AR I

' I 1 ,MAP PREPARED:

I January 21,2004 'CMH I

COUNCIL APPROVED ZONING FOR THE SUBJECT SITE: M2-H I M2-3 [Former Westminster]

1) LEGEND FOR ZONING BY-LAWZ-7 R1 - SINGLE DETACHED DWELLINGS R2 - SINGLE AND TWO UNIT DWELLINGS R3 - SINGLE TO FOUR UNIT DWELLINGS R4 - STREET TOWNHOUSE R5 - CLUSTER TOWNHOUSE R6 - CLUSTER HOUSING ALL FORMS R7 - SENIOR'S HOUSING R8 - MEDIUM DENSITWLOW RISE APTS. R9 - MEDIUM TO HIGH DENSITY APTS. R10 - HIGH DENSITY APARTMENTS R I 1 - LODGING HOUSE I

DA - DOWNTOWN AREA RSA - REGIONAL SHOPPING AREA CSA - COMMUNITY 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 .

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

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

OS - OPEN SPACE CR - COMMERCIAL RECREATION

OB - OFFICE BUSINESS PARK LI - LIGHT INDUSTRIAL GI - GENERAL INDUSTRIAL HI - HEAVY INDUSTRIAL EX - RESOURCE EXTRACTIVE UR - URBAN RESERVE

"h" - HOLDING SYMBOL "D" - DENSITY SYMBOL "H" - HEIGHT SYMBOL "8" - BONUS SYMBOL "T" - TEMPORARY USE SYMBOL .

2) F1 FOR TOWNSHIP ZONES PLEASE SEE THE RELEVANT A . *e ZONING BY-LAW FOR A DESCRIPTION OF REGULATIONS

CITY OF LONDON DEPARTMENT.OF PLANNING AND DEVELOPMENT

ZONING BYLAW NO. LI

SCHEDULE A

FILE NO: 1 ' 02-6574 AR MAP PREPARED: I 2004 Jan 21/Mar 3 CMH

1 :75QO I 100 0 100 Meters THIS MAP IS AN UNOFFICIAL EXTRACT FROM THE ZONING BY-LAW WITH ADDED NOTATIONS . -



Frontage - 30.48m(100.0 ft)

Depth - 569.98m(1,870.0 ft)

Area - 26 hectares(64.2 acres)

Shape - Irregular

Current Land Use - Recycling Facility, Composting Facility and Transfer Station

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North - Agriculture, Residential and Commercial

South - Agriculture and Residential

East - Agriculture

West - Agriculture

Light Industrial and Open Space

General Industrial (M2-H) Zone and General Industrial (M2-3) Zone under By- law 2000(former Town of Westminster)

In October 1988, By-law No. 2000 was amended to change the zoning of part of the subject site to remove the holding symbol.

In October 1988, By-law No. 2000 was further amended to change the zoning of part of the subject site to a Special General Industrial Defined Area (M2-3) and identify the recycling depot area and roadway areas.

In December 1992, By-law No. 2000 was amended to change the zoning of part of the subject site to a Special General Industrial Defined Area (M2-3) to permit the development of a composting facility.

Upper Thames Conservation Authority

Conservation Authorities Act Portions of the subject property are affected by the UTRCA’S Registered Fill Line and the Dingman Creek Flood Plain. The UTRCA regulates development within the Registered Fill Line and Regulatory Flood Plain under Ontario Regulation 170/90 made pursuant to Section 28 of the

conservation Authorities Act. This regulation requires the landowner to obtain written approval from the UTRCA prior to undertaking and filling, grading and/or construction within a regulated area. A copy of our 1:5000 Fill and Flood Line mapping is enclosed.

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According to City of London Official Plan Policy, Conservation Authority, and Provincial flood plain management policies, new development, including the construction of buildings, and site alteration are generally restricted in the flood plain.

Provincial Policv Statement - Natural Hazards Portions of the north end of the property are also affected by a slope hazard or ‘Wosion hazard” as defined in the definition section of the Provincial Policv Statement (1997). The erosion hazard, also referred to as the 100 Year Erosion Limit as defined in Section 15.7. I of the City of London Official Plan (OPA No. 88), is associated with Dingman Creek and is included on the attached map.

New development and site alterations within an erosion hazard is generally restricted in accordance with Provincial and Conservation Authority hazard and land management policies. In areas of existing development, and for new infill development a geotechnical report is generally recommended to assess long-term slope stability, structural setbacks and proposed construction techniques.

Recommendations From the review of our hazard mapping and the limits of the subject property, we recommend the proposed Official Plan Amendment and Zoning By-law Amendment incorporate an Open Space designation, and an Open Space (OS4) zone, respectively, on the lands below those areas identified on the attached mapping as the “Regulatory Storm Flood Line’; and “Erosion Hazard”, to prohibit development in the hazard areas. This would be in keeping with the intent of the Official Plan and Zoning By-law. We have no objections to the non-hazard lands being placed in a Special Policy Area (Chapter 10) designation to continue permitted uses, and being zoned Holding General Industrial GI 1 Special Provision, and General Industrial GI 1 Special Provision.

EEPAC

EEPAC supports the application with a minimum 30 metre buffer around Dingman Creek; Upon completion of the Dingman Creek Study, the EEPAC be given an opportunity to review and comment on the Study; and EEPAC is concerned with potential overland runoff from the recycling industry into Dingman Creek.

Ministry of the Environment

We have no particular issue or concern with this. Our interest stems from the apparent intention to place the undeveloped lands in a “holding” zone. This implies an expansion is being contemplated. If this is the case it would be useful for discussions to be initiated; sooner rather than later.

Ministry of Municipal Affairs and Housing

The effect of the amendment would be to allow a rezoning of the site which would permit uses in accordance with the existing Certificate of Approval.

I have considered the intent of the proposed Official Plan Amendment. This Ministty has no comments regarding the proposed Official Plan amendment at this time.

Environmental and Engineering Services

The City of London’s Environmental and Engineering Services Department has not identified any engineering concerns with respect to the aforementioned Official Plan and Zoning By-La w amendment appljcation to continue to permit the current uses. Please be advised that there are no sanitary or storm sewers adjacent to the subject site.

Detailed engineering and transportation comments will be provided to the applicant if 1 when these lands come in for site plan approval.

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Nature of Liaison: To change the Official Plan designation from Light Industrial and Open Space to a Special Policy Area (Chapter IO) for the continuation of the permitted uses. The purpose and effect of this Official Plan amendment is to ensure that the property’s designation is consistent with the requested zoning.

To change the zoning from a General Industrial (M2-H) Zone and a General Indust5ial (M2-3) Zone under By-law 2000(former Town of Westminster) to a Holding General Industrial Special Provision (h.( )GH( )) Zone, a General Industrial Special Provision (GH( )) Zone and an Open Space (OS4) Zone under Zoning By-law No. Z-1. The purpose and effect of this zoning change is to ensure that the uses currently permitted on the site pursuant to the Certificate of Approval including a residential and other source recycling facility, a waste transfer station, an in-vessel composting facility and a channel composting facility continue to be permitted. The holding provision is to acknowledge the current limits of the holding zone under the current zoning which are not currently used pursuant to the current operations.

Responses: There was an inquiry about additional uses and if the new By-law would apply to the same area currently zoned.

What is the existing situation?

The property is located on the south side of Dingman Creek, west of Wellington Road South. The site consists of a recycling facility, a composting facility and transfer station, totalling an area of approximately 26 hectares(64.2 acres).

LAND USES

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SURROUNDING LAND USES

The subject site is bounded by Dingman Creek to the north, Wellington Road to the east, a farm to the west and a farm and a single detached dwelling lot to the south. Surrounding uses consist of agriculture, commercial and rural residential to the north, agriculture and rural residential to the south and agriculture to the west and east. The applicant has requested an Official Plan amendment and a zoning by-law amendment to maintain and recognize the permitted uses.

What is the Official Plan designation?

The subject site is located within the Light Industrial and Open Space designations in the Official Plan.

The primary uses permitted in the Light Industrial designation involve assembling, fabricating, manufacturing, processing and/or repair activities; are located within enclosed buildings; require only a limited amount of outdoor storage; and are unlikely to cause adverse effects with respect to air, odour or water pollution, or excessive noise levels.

The Open Space land use designation is comprised of public and private open space; flood plain lands; natural heritage areas recognized by Council as having city-wide, regional, or provincial significance; and lands containing other natural physical features which are desirable for open space use or preservation in a natural state. These features may include areas of rough or hilly topography, organic soils, poor drainage, natural vegetation, steep slopes, woodlots, or ravines.

Why is a Special Policy required in the Official Plan?

The proposal for this property is to maintain the current permitted uses which include a recycling facility, transfer station and composting facility. In order to amend the zoning by-law to include these specific uses, an amendment to the Official Plan is required. The adoption of a policy for a specific area may be considered where 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 negative impact on the surrounding area. In this case, it is appropriate to apply a policy for this specific site based on the existing land use, previous planning approvals and compliance of these uses to a Certificate of Approval.

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Agenda Itern # Page #

02-6574 AIanna Riley

Applications for policies for specific areas are all subject to a planning impact analysis. The appropriate criteria to be applied will be determined from potential impacts on surrounding land use designations.

When using the Planning Impact Analysis to, evaluate applications to determine the appropriateness of a requested change there is a set of criteria that could be considered. Criteria that are applicable to this proposal include:

Compatibility The subject site is surrounded by existing agriculture, and scattered rural residential and commercial uses. The surrounding Official Plan designation is Urban Reserve- Industrial Growth. Considering this surrounding designation and that the current uses have been located on the subject site for more than ten years without any indication of negative impacts, the current operation is in keeping with the character of the area, is compatible and should not have any significant impacts on surroundings uses. Vehicular Access Points Point of access was determined when the recycling facility was developed and has remained since that time. Any future development will be subject to site plan approval where access will be addressed. Natural Features Staff has recommended a portion of the lands zoned Open Space to be consistent with the Open Space designation and to recognize the hazard lands as identified by the Upper Thames River Conservation Authority and defined by the Provincial Policy Statement. New development within an erosion hazard is generally restricted in accordance with the Provincial and Conservation Authority policies.

What is the current zoning?

The current zoning is General Industrial M2-3 on a portion of the subject site which permits a recycling facility, transfer station, composting facility and roadway. The other part of the site currently vacant is zoned General Industrial Holding M2-H.

As noted, the property is bounded by Dingman Creek to the north, therefore section 5.28 of By- law No. 2000 applies as follows:

5.28.1 Where the watercourses, municipal drains or hazardous areas have not been delineated by this by-law, buildings and structures for uses permitted by this by-law shall only be erected to the extent permitted the regulations made under the Conservation authorities Act, R.S.O. 1980, as amended from time to time.

5.28.2 The conservation authorities having jurisdiction within the Town of Westminster, being the Upper Thames River Conservation Authority, Lower Thames Valley Conservation Authority, and Kettle Creek Conservation Authority, maintain detailed fill line mapping illustrating potential hazardous areas found within the Town of Westminster. The building inspector, prior to the issuance of a building permit, shall interpret whether the proposed building or structure is within the fill line of any given open watercourse and/or municipal drain. Should the building or structure be within the designated fill line, no buildings or structures or no fill shall be removed or placed without the approval of the conservation authority having jurisdiction.

5.28.3 This By-law enacts the two zone floodway - flood fringe concept utilized by the Upper Thames River Conservation Authority and the Town of Westminster. Areas of the Town susceptible to the Regulatory Flood or constrained by fill or construction regulations enacted in accordance with The Conservation authorities Act. R.S.O. 1980 are not identified by this by-law. Areas located within these constraint areas have certain limitations on development as authorized by these regulations.

5.28.4 The areas affected by these constraints shall be determined from the overlays found on the master zoning schedules contained in the office of the zoning administrator and in consultation with the Conservation Authority having jurisdiction, being either the Upper Thames River Conservation Authority, the Kettle Creek Conservation Authority or the Lower Thames Valley Conservation Authority.



What is the recommended zoning?

Council adopted City wide Recycling and Composting Official Plan amendments and Zoning amendments which placed most of the facilities in the General Industrial designation and zones. It is appropriate to place the existing uses in General Industrial Zones to be consistent with the new amendments. Why is there a recommended Open Space Zone?

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The one hundred year erosion line crosses the subject site. This is defined in Section 15.7.1 of the City of London’s Official Plan, which restricts development within these areas susceptible to erosion. This is defined as an erosion hazard in the definition section of the Provincial Policy Statement. Until such time as a geotechnical assessment has been conducted on this site to determine if the erosion line could be reduced, it is recommended that this area be zoned open space.

The Upper Thames River Conservation Authority has specifically requested that hazard lands should be zoned Open Space (OS4). The OS4 Zone is intended to be applied to hazard lands; specifically the floodway, steep slopes and open space lands.

Why is there a special provision recommended for the OS4 Zone?

In October 1988, By-law No. 2000 was amended to change the zoning of part of the subject site to a Special General Industrial Defined Area (M2-3) and identify the recycling depot area and roadway area. The roadway is located within the recommended Open Space zone and a special provision zone will ensure the roadway is recognized and continues to be permitted.

Why is a h-2 holding provision recommended?

The subject site is bound by Dingman Creek to the north. Dingman Creek is part of a natural heritage system as delineated on Schedule ‘B’ of the Official Plan.

Section 15.3.6 of the Official Plan states:

Ecological buffers serve to protect the ecological function and integrity of the Natural Heritage System. Buffers may be required around, or adjacent to, the shorelines of lakes, rivers and streams and other components of the Natural heritage System.

The location, width, composition and use of ecological buffers necessary to protect natural heritage areas from the impacts of development on adjacent lands will be specified through an area study and/or an environmental impact study.

The holding provision is as follows:

To ensure that development will not have a negative impact on an environmentally sensitive area, or natural feature, an agreement shall be entered into specifying any necessary preventative measures, based on study(ies) to the satisfaction of the City of London conducted by qualified professional(s) demonstrating that development in the form proposed will not adversely affect the area or feature, prior to the removal of the “h-2“ symbol.

Why is an h-l8 holding provision recommended?

The subject site is identified as having archaeological potential in the Archaeological Master Plan due to its proximity to Dingman Creek, its terrace elevation around the Creek and presence of other archaeological sites in the vicinity. Prior to development on previously undisturbed lands, an assessment of this property must be carried out to determine if there are any resources on this site. If any significance is found, it will have to be properly mitigated prior to the initiation of construction, servicing, landscaping or other land disturbances. A report must be submitted to the satisfaction of the Ministry of Citizenship, Culture and Recreation, and the City of London before the holding provision can be removed.

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Should a holding provision be applied to require an amendment to the existing Certificate of Approval if future development is proposed?

In order to establish a new recycling and/or composting facility or expand and/or alter an existing unapproved facility, the owner must obtain a Certificate of Approval under Section 27 of the Environmental Protection Act. In addition to. other legal, jurisdictional, technical, and financial information, the application form for this certificate also requires a signed declaration on the status of the property relative to local land use by-laws and policies. Once issued, the Certificate of Approval remains provisional, and the Ministry maintains the right to revisit and/or amend the certificate and its conditions at any time at its discretion.

A Certificate of Approval is a legally binding document obtained from the MOE by an individual, company or municipality to permit the undertaking of an activity related to waste management. A Certificate of Approval is granted on the basis of site specific consideration which ensures that environmental and health protection measures are in compliance with policy and legislation. Certain conditions that describe the operations of the facility and types of wastes that can be managed are all contained within the certificate.

The Ministry looks for assurance that the municipality and neighbours are satisfied that the site is or will be in compliance with the Official Plan and Zoning By-law. This is dealt with through a mandatory circulation of the Certificate of Approval application. The Ontario Municipal Board has ruled that the proponent must address all Ministry Certificate of Approval requirements before the zoning application is considered. In other cases, the municipality has prepared the zoning by-law subject to the licensing. Depending on the comments received, the Ministry often requires a public meeting to present the application and to address public and review agency comments.

If the zoning is not in place, the municipality can make the zoning approval and the site plan agreement conditional on a Certificate being issued. The site plan agreement is also used by the municipality to address other development and operations concerns.

Once the Ministry is satisfied that the municipality is in agreement with the proposal, the Certificate is issued along with any conditions that the Province decides are necessary respecting their mandate. There is no provision, however, for the Ministry to automatically revoke or revisit the Certificate if a municipal land use approval is violated.

The recently adopted Official Plan policies for Recycling and Composting Facilities require that:

If the proposed operation requires a Certificate of Approval from the Ministry of the Environment, such Certificate shall be applied for concurrent with the application for Zoning By- law Amendment such that the public process and Council consideration will have the opportunity of providing input info the conditions of the Certificate of Approval. Final reading of the Zoning By-law Amendment may be withheld, or a holding provision may be applied to require the Certificate of Approval process as a pie-condition.

Green Lane Environmental has an existing Certificate of Approval for the subject site and does not wish to expand the operation at this time. In the future when development is proposed, the applicant will not have to apply for a new Certificate of Approval but amend the existing one. The applicant will also have to apply for site plan approval to amend the existing site plan at that time. The site plan approval process will ensure that the agreement will be conditional upon issuance of the Certificate. Therefore, a holding provision for a Certificate of Approval is not necessary for this application.

The recommended Zones meet the intent of the City of London’s Official Plan policies. The Special Policy will ensure that the area will continue to develop for Industrial uses in keeping with the current Light Industrial designation which applies to this area. The uses continue to be compatible with the surrounding properties and should not have any significant impacts.

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Agenda Item ## Page #


March 3,2004 Ar/ar

Y :\Shared\l M PLEMEN\R EP&RECS\2004\OZ-6574. rpt .doc

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

Telephone Written

Barry Card - Solicitor for Howard J. Darwin and Corporation

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Agenda item # Page #


A.

B.

C.

D.

AMENDMENT NO.

to the

OFFICIAL PLAN FOR THE CITY OF LONDON

PURPOSE OF THIS AMENDMENT

The purpose of this Amendment is:

To add a Specific Area Policy (Chapter 10) for certain lands described herein to permit a residential and other source recycling facility including wood, a waste transfer station not including hazardous waste, an in-vessel com posting facility and a channel com posting facility .

LOCATION OF THIS AMENDMENT

This Amendment applies to lands located at 4645 Wellington Road South in the City of London.

BASIS OF THE AMENDMENT

The property is located on the south side of Dingman Creek, west of Wellington Road South. The site consists of a recycling facility, a composting facility and transfer station, totalling an area of approximately 26 hectares(64.2 acres).

The adoption of a policy for a specific area may be considered where 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 negative impact on the surrounding area. In this case, it is appropriate to apply a policy for this specific site based on the existing land uses in the area and to ensure that the future land uses within this area remain industrial.

THE AMENDMENT

The Official Plan for the City of London is hereby amended as follows:

1. The following policy is added to Section 10.1.3. of the Official Plan:

4645 Wellington In the Light Industrial designation located at 4645 Road South Wellington Road South, in addition to uses

permitted in the Light Industrial designation, a residential and other source recycling facility including wood recycling, a waste transfer station not including hazardous waste, an in-vessel composting facility and a channel composting facility are permitted.

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ENACTING CLAUSE

BY-LAW NO. Z.-1 CITY OF LONDON ZONING BY-LAW

BY-LAW NO. ZPI AMENDMENT

1) Section 40.4 of the General Industrial G I Zone to By-law No. 2.4 is amended by adding the following Special Provision:

a) Permitted Use[s] i) Existing Uses -

a) Additional Uses i) Residential and Other Source Recycling Facility, provided that,

in addition to the solid non-hazardous recyclable materials specifically listed in the definition of Residential and Other Recycling Facility, wood may also be collected, sorted and processed; Waste Transfer Station, provided that the management and processing of liquid and hazardous wastes shall be prohibited;

Existing twenty (20) metre roadway area giving access to and from the permitted uses.

ii)

iii) Channel Composting Facility; iv) In-Vessel Composting Facility; and v)

2) Section 36.4 of the Open Space OS Zone to By-law No. Z-I is amended by adding the following Special Provision:

a) Additional Use i) Existing twenty (20) metre roadway area giving access to and

from permitted uses.

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Agenda Item # Page # 18


Schedule “A” to By-IaweNo. 2.4 is amended by adding lands located 4645 Wellington Road South, as shown on the.map below comprising part of Key Map No. 2000(12) and applying a Holding General Industrial Special Provision (h~P.h=I8.G11( )) Zone, a Holding General Industrial Special Provision (h48.Gll( )) Zone, a General Industrial Special Provision (GII( )) Zone and an Op,en Space Special Provisjon (OS4( )) Zone.

File Number: 02-6574 I SUBJECTSITE. hq SCALE 1:8000 I Planner: AR.

Date Prepared: 2004 Jan 29 \ Mar 8 t

Technician: CMH 100 . 0 100 Meters

*

Agenda Item # Page #:

CITY OF LONDON ZONING BY-LAW BY-LAW NO. Z.4- AMENDMENT

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...................................... .................................................... .................... MAYOR ,. DAY MONTH YEAR, CITY CLERK

Schedule "A" to .By-law No. 20.00 is 'amended by deleting the General Industrial (M2-H) Zon,e and a General Industrial (M2-3) Zone applicable to the lands located 4645,Wellington Road South, as shown on the map below comprislng part of Key Map No. 12 and removing

. this site from the By-law.

% /

c

Bill No. 2004

By-law No. Z.-1-04

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 4645 Wellington Road South.

WHEREAS Green Lane Environmental Group Ltd. has applied to rezone an area of land located at 4645 Wellington Road South, as shown on the map attached to this by-law, as set out below;

AND WHEREAS upon approval of Official Plan Amendment Number this rezoning will conform to the Official Plan;

THEREFORE the Municipal Council of The Corporati City of London enacts as follows:

2. Schedule "A" to By-law No. Z.-1 is amended

3.

4.

1. Schedule " A to By-law No. 2000 is amended Zone and a General Industrial (M2-3 Wellington Road South, as shown on I 2 and removing this site from the By-

Road South, as shown on the applying a Holding General In General Industrial Special Pro Provision (GI1 ( )) Zone and an

Section 40.4 of the

rt of Key Map No. 2000( 12) and .h-l8.Gll( )) Zone, a Holding

era1 Industrial Special

Z.-I is amended by adding

trial G I Zone to By-law No. Z.4 is amended by adding

I Uses :

Residential and Other Source Recycling Facility, provided that, in addition to the solid non-hazardous recyclable materials specifically listed in the definition of Residential and Other Recycling Facility, wood may also be collected, sorted and processed;

ii) Waste Transfer Station, provided that the management and processing of liquid and hazardous wastes shall be prohibited;

iii) Channel Composting Facility; iv) In-Vessel Composting Facility; and v) Existing twenty (20) metre roadway area giving access to and

from the permitted uses.

AgendsIm# -#

Section 36.4 of the Open Space 0. Z-1 is amended by adding the 5.

6.

following Special Provision:

a) Additional Use :

i) Existing twenty (20) metre roadway area giving access to and from permitted uses.

This By-law shall come into force and be deemed to come into force in accordance with subsection 34(21) of the Planning Ad, R.S.O. 7990, c. P. 73, either upon the date of the passage of this by-law or as othewise provided by the said subsection.

PASSED in Open Council on ,2004.

DeCicco

First Reading - Second Reading Third Reading -

Bill No. 2004

By-law No.

A by-law to amend the Official Plan for the City of London, 1989. (relating to 4645 Wellington Road South)

The Municipal Council of The Corporation of the City of London enacts as follows:

Area -

of the

First Reading - Second Reading - Third Reading -

2 1 ~ ~ ~ 1 AMENDMENT NO.

to the

OFFICIAL PLAN FOR THE CITY OF LONDON

A. PURPOSE OF THIS AMENDMENT

The purpose of this Amendment is: \

To add a Specific Area Policy (Chapter 10) for certain lands described herein to permit a residential and other source recycling facility including wood , a waste transfer station, not including hazardous waste, an in-vessel composting facility aqd a channel cornposting facility.

B. LOCATION OF THIS AMENDMENT

This Amendment applies to lands located at 4645 Welli

C.

D.

The property is located on the south '

South. The site consists of a recycling totaling an area of approximately 26 he

The adoption of a policy for a use is site specific, is appro accommodated within other lane surrounding area. In this case, based on the existing land uses I this area remain ia

isidered where the change in land uses in the area, and cannot be

. . ad South in the City of London.

BASIS OF THE AMENDMENT

having negative impact on the policy for this specific site

t the future land uses within

Road Sc

by amended as follows:

10.1.3. of the Official Plan:

In the Light Industrial designation located at 4645 Wellington Road South, in addition to uses permitted in the Light Industrial designation, a residential and other source recycling facility including wood recycling , a waste transfer station , not including hazardous waste, an in-vessel composting facility and a channel corn posting facility are permitted.

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