Agenda Item # Page #

SUBJECT:

I

02-6660 L. MOTT’RAM

TO:

FROM:

CHAIR AND MEMBERS - PLANNING COMMITTEE R. W. PANZER

ACTING GENERAL MANAGER OF PLANNING AND DEVELOPMENT I I :I

P

APPLICATION BY: HARKINDER CHAHAL & NAVTEJ BHARATI / CITY OF LONDON

29,31, & 35 CLARKE ROAD PUBLIC PARTICIPATION MEETING ON MONDAY JUNE 21,2004 @ 5:30 P.M.

That, on the recommendation of the Acting General Manager of Planning and Development, the following actions be taken with respect to the application of Harkinder Chahal & Navtej Bharati relating to the properties located at 31 and 35 Clarke Road, and the City of London’s review of the property located at 29 Clarke Road:

a) that a by-law BE INTRODUCED at the Municipal Council meeting on Monday June 28, 2004 to amend the Official Plan to change the land use designation of the properties located at 31 and 35 Clarke Road from Light Industrial to Multi-Family, Medium Density Residential; and,

that a by-law BE INTRODUCED at the Municipal Council meeting on Monday June 28, 2004 to amend Zoning By-law No. Z.4, 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 properties located at 31 and 35 Clarke Road FROM a Light Industrial Lll/L13 Zone TO a holding Residential R6 Special-Provision (h-6.h- .R6-5( )) Zone to permit cluster housing in the form of single detached, semi-detached, duplex, triplex, townhouse, and stacked townhouse dwellings at’a maximum density of 35 units per hectare (14 units/acre) and maximum height of 12 metres (39.4 ft.); and,

b)

,

c) that holding (h-6 and h- ) provisions be applied tq the recommended zoning in Part (b) above which requires a noise study be undertaken :and appropriate attenuation measures be incorporated into the development; and any studies and protective measures necessary to ensure that future development in the vicinity of a former land fill site occurs in a safe manner, to the satisfaction of the City of London, prior to removal of the holding provisions; and,

that a by-law BE INTRODUCED at the Municipal Council meeting on Monday June 28, 2004 to amend the Official Plan to change the land use designation of the property located at 29 Clarke Road from Light Industrial to Multi-Family, Medium Density Residential.

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d)

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Agenda Item # Page #

Date Application Accepted: ll March 31,2004

02-6660 L. MOTTRAM

Agent: Jack E. Davis

~~

RATIONALE I

1. The recommended amendments to the Official Pldn to change the land use designation from Light Industrial to Multi-Family, Medium Density Residential satisfy the policies and locational criteria under Section 3.3.2.

2. The subject lands are located in an area of transition between lands which are planned and designated for low density and medium density residential development, and lands which are designated Light Industrial, General Industrial, and Open Space.

3. The subject lands can be buffered from existing and future industrial operations to the north. One recommended measure in keeping with the direction of the Official Plan is a noise study be undertaken and attenuation measures be incorporated into the' development. This will be implemented through a holding provision in the zoning by-law.

4. The recommended R6-5 special provision zoning is appropriate. The special provision will delete low rise apartment buildings and limit the range of permitted uses to cluster housing in the form of single detached, semi-detached, duplex, triplex, townhouse, and stacked town house dwe I I i ng s .

BACKGROUND

REQUESTED ACTION: To change the Official Plan l andhe designation on the properties at 31 & 35 Clarke Road from Light Industrial to Multi-family, Medium Density Residential; and to change the zoning from a Light Industrial LI (LlVL13) Zohe to a Residential Special Provision R6 (R6-5( )) Zone. The applicants have also requested that apartment buildings be omitted from the range of permitted uses through a special provision R6-5( ) Zone.

The City of London Planning Division included the adjacent property at 29 Clarke Road in the review of the possible change to the Official Plan designation.

I

SITE CHARACTERISTICS: I

Current Land Uses - residential Frontage - 35 Clarke Road - 43 metres (142 ft.)

31 Clarke Road - 55 metres (1 80 fl.) 29 Clarke Road - 55 metres (180 ft:)

Depth - 35 Clarke Road - 146 metres (479 ft.) 31 Clarke Road - 146 metres (479 ft.) 29 Clarke Road - 146 metres (479 ft.)

Area- 35 Clarke Road - 0.63 hectares (1 35 ac.) 31 Clarke Road - 0.8 hectares (1.97 ac.) 29 Clarke Road - 0.8 hectares (1.97 ac.)

Shape - regular shape lots 2

metres 250 I 500 I

LOCATION MAP Subject Site: 29,31 & 35 Clarke Road Planner: LM

Applicant: Harkinder Chahal & Navtej Bharati Created By: Im I City of London

Date: 4/2/2004 Roll Number: 040630067000000, 040630061000000&040630050000000 Scale: I: 5000

File Number: 02-6660 N

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

A

1810

I C

LEGEND 0 Subject Site 4 Water

Buildings

Agenda Item # Page #

02-6660 L. MOTTRAM

SURROUNDING LAND USES: . .

0 West - residential

North - private club and residential South - open storage and residential East - auto recycler; blue box recycling & yard materials depot

i.

OFFICIAL PLAN DESIGNATION: (refer to map on page 5)

I1 Light Industrial I1 EXISTING ZONING: (refer to map on page 6)

Light Industrial (LIUL13)

PLANNING HISTORY 1 During the later part of 1991 , and through 1992, the Planning Division undertook an area study for lands on the north side of Hamilton Road, and the east and west sides of Clarke Road. The area was 30.4 hectares (75 acres) and comprised 28 properties, including the subject properties at 29, 31, and 35 Clarke Road. This study was undertaken in response to a City initiated review and a site-specific application by William Urogi for the property located at I440 Hamilton Road, north side, east of the intersection of Clarke Road. The Urogi application (File 2-4393) was to change the zoning on his property to permit a range of general industrial uses, an auto body shop, and the sale of reconditioned vehicles. On November 26, 1991, Municipal Council refused the requested industrial zoning and referred the application back to staff with the request that the subject lands, which were designated General Industrial in the Official Plan, be considered in terms of residential use.

The area study was completed and presented to Planning Committee at a public participation meeting on December 14, 1992. Based on the study recommendations, Municipal Council adopted amendments to the Official Plan (OPA No. 32) to change the land use designations from General Industrial and Light Industrial to Low Density Residential; Multi-Family, Medium Density Residential, and Neighbourhood Shopping Area. The Multi-Family, Medium Density Residential designation was applied to lands fronting Hamilton Road, and the east and west sides of Clarke Road. The Low Density Residential designation was applied to the interior lands, and the Neighbourhood Shopping Area designation was applied to lands at the northeast corner of Hamilton Road and Clarke Road.

Uses existing within the study area at that time varied greatly from single detached dwellings to vehicle sales and service establishments to private social clubs. Many of the properties contained large tracts of vacant land. Although the area had been designated as Industrial in the 1971 Official Plan, there had been no significant development activity in the years that followed. Some establishments in this area were on the decline. 1981 was the last year the City’s land fill site on Clarke Road accepted municipal solid waste. It continued until 1996 operating as a waste transfer station. Also, during this time TCG Materials Ltd. and Riverside Construction closed their offices and equipment yard on Hamilton Road.

4

LEGEND

I

DEPARTMENT OF PLANNING AND DE$ELOPMENT

DOWNTOWN AREA

MAP PREPARED:

I ,

, /

' , . ml OFFICE AREA n DEFERRED AREAS --I AREAS L I .II UNDER APPEAL

I

p7] REGIONAL SHOPPING AREA OFFlCEiRESlDENTl AL COMMUNITY SHOPPING AREA F l OFFICE BUSINESS PARK NEIGHBOURHOOD SHOPPING AREA GENERAL INDUSTRIAL

pjjwq ASSOCIATED SHOPPING AREA COMMEMCIAL LIGHT INDus~RIAL BUSINESS DISTRICT El REGIONAL FACILITY ARTERIAL MIXED USE DISTRICT -1 COMMUNITY FACILITY HIGHWAY SERVICE COMMERCIAL OPEN SPACE

RESTRICTED/HIGHWAY SERVICE COMM~RCIAL URBAN RESERVE - COMMUNITY GROWTH RESTRlCTED SERVICE COMMERCIAL URBAN RESERVE - INDUSTRIAL GROWTH I COMMERCIAL POLICY AREA RURAL SElTLEMENT

MULTI - FAMILY, HIGH DENSITY RESlDENtlAL wd ENVIRONMENTAL REVIEW MULTi - FAMILY MEDIUM DENSITY RESID~ENT~AL 1-1 AGRICULTURE

, I l 4 URBAN GROWTH BOUNDARY 1-1 LOW DENSITY RESIDENTIAL I I

THIS IS AN EXCERPT FROM THE PLANNINO DIVISION'S^ WORKlNa CONSOUDATION OF SCHEDULE A To THE CITY OF LONDON OFFICIAL PLAN, WITH ADDED NOTATIONS

CITY OF LONDOI/i FILE NO. I OZ-6660 LM I

OFFICIAL PLAN SCHEDULE A - LAND USE PREPARED By: Gnphlcs & Information Sarvlcea AML LOCATION: \\clfilel\QlsWork\~Iannlna\~rolecte\~ off lclalalan\warkcanoal~O\n~nrnta\smla\anhr~ am1

I SCALE 1:30,000 I

v7A COUNCIL APPROVED ZONING FOR THE SUBJECT SITE: LlllLl3 I) LEGEND FOR ZONlNG BY-LAW Z-I

R I - 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 - SENIORS HOUSING R8 - MEDIUM DENSITY/LOW RISE APTS. R9 - MEDIUM TO HIGH DENSITYAPTS. R10 - HIGH DENSITY APARTMENTS R11 - LODGING HOUSE 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 - OFFICURESIDENTIAL OC - OFFICE CONVERSION RO - RESTRICTED OFFICE OF -OFFICE

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

OS - OPEN SPACE CR - COMMERCIAL RECREATION OB - OFFICE BUSINESS PARK LI - LIGHT INDUSTRIAL GI - GENERAL INDUSTRIAL HI - HEAVY INDUSTRIAL EX - RESOURCE EXTRACTIVE UR - URBAN RESERVE "h" - HOLDING SYMBOL "D" - DENSITY SYMBOL "H" - HEIGHT SYMBOL "B" - BONUS SYMBOL "T" - TEMPORARY USE SYMBOL

2) r] i. h A FOR TOWNSHIP ZONES PLEASE SEE THE RELEVANT \ 1 *

-% a- ZONING BY-LAW FOR A DESCRIPTION OF REGULATIONS

CITY OF LONDON FILE NO: I 02-6660 LM MAP PREPARED:

DEPARTMENT OF PLANNING AND DEVELOPMENT

2004104115 CK

1 :5000

n 100 0 100 Meters

@ ZONING SCHEDULE A

BY-IAW NO. Z.=l

THIS MAP IS AN UNOFFICIAL EXTRACT FROM THE ZONING BY-IAW WITH ADDED NOTATIONS

Agenda Item # Page #

0216660 L. MOTTRAM

One factor contributing to the inactivity of development was the lack of municipal services. The area study report noted that from an economic viability point of view, the extension of municipal services to this area would probably require several large scale developments, regardless of whether it is industrial or residential development. Another factor was the presence of the former Clarke Road Landfill Site and the potential for methane gas and leachate migration affecting adjacent lands to the south and west.

Residential subdivisions were already developing to the west and several subdivision applications were in the process of draft plan approval. In all cases draft approval was granted subject to conditions in the subdivision agreement requiring soil investigations and testing for methane gas. On November 4, 1991, Municipal Council recommended .approval of a plan of subdivision consisting of 51 single detached lots on a 2.89 hectare (7.14 acre) parcel of land located on the north side of Hamilton Road between Clarke Road and River Run Terrace (Pochard Holdings Inc. Plan 33M-298).

On December 21, 1992, Municipal Council approved a plan of subdivision consisting of 3 single detached lots, 26 semi-detached lots, and 1 multi-family block served by two local streets (Trapper Street and Tanner Drive) on a 6.1 hectare (14.8 acre) parcel of land located at 1300 Hamilton Road (East Park Estates Inc. Plan 33M-306). This site was formerly the TCG Materials Ltd. and Riverside Construction property. Semi-detached lot numbers 6 to I 1 of the subdivision abut the rear yards of the subject properties at 29 and 31 Clarke Road.

In conjunction with its decision to grant draft plan approval, Council requested the Ministry of Municipal Affairs approve an Official Plan modification insofar as it affected lands at 1300 Hamilton Road to change the designation from Light Industrial to Low Density Residential and Multi-Family, Medium Density Residential. The multi-family block which was originally intended for development of townhouses and low rise apartments, was later subdivided for small lot single detached dwellings served by a local street (Crimson Crescent).

On June 2, 1997, Municipal Council draft approved a plan of subdivision consisting of 88 single detached dwellings on lands located at 1440 Hamilton Road, east of Clarke Road (Norquay Construction Co. Ltd. Plan 33M-365). The subdivision is served by three local streets, including one road connection to Hamilton Road. Provision was also made for a future road connection to Clarke Road in accordance with an area concept plan prepared by the applicants and reviewed by the Planning Division to demonstrate how surrounding lands could be serviced and developed. The proposed point of access to Clarke Road is between the two properties located at 10 and I 2 Clarke Road. t

In 1993, the Ministry of Municipal Affairs approved the Official Plan Amendment (OPA 32) which Council had adopted to change the land use designation on the east side of Clarke Road, and the southerly portion of the west side of Clarke Road, from Light Industrial to Multi-Family, Medium Density Residential. However, the Ministry deferred approval of the northerly portion of the amendment area consisting of lands fronting the west side, of Clarke Road, from 29 to 41 Clarke Road, due to Ministry of Environment and Energy concejns. Noting the presence of an auto wrecking yard (Shaw Auto Recyclers) on the east side bf Clarke Road, the MOEE wanted a minimum separation distance of 90 metres between residential and industrial designations, as recommended in their land use compatibility guidelines.

In a correspondence received by the Planning Division on Lanuary 30 1996, the MOEE indicated that if the City could demonstrate that Subsection 3.6.1 1 and 3.7 of the Official Plan had been fulfilled or had provided a written undertaking that a planning impact analysis and noise impact assessment will be required, the MOEE was prepared to see compatibility issues addressed at the zoning and site plan approval stage. However, there'were no further actions taken and by July 15, 1997 the deferred portion of the amendment (OPA 32) area was deemed to have been refused, and the lands continued to remain designated Ligct Industrial.

I 7

Agenda Item #

bi

PUBLIC LIAISON:

Page #

Notice of application to amend the Official Plan and zoning 8 replies by-law was sent to 85 surrounding owners on April received. 5, 2004. A notice appeared in the of the London Free Press on

the City” section

OZ-66 6 0 L. MOTTRAM

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SIGNIFICANT DEPARTMENTIAGEN~Y COMMENTS ,

The City’s Environmental and Engineering Services Depaitment reports:

= Adequate and functional onsite parking will be required to serve the proposed land use.

. A road widening dedication to allow for 18 metres from the center line of Clarke Road to the subject site’s property line may be required.

It is noted that these properties should be serviced via one access road onto Clarke Road or through the lands to the west if and when they redevelop.

Presently there is no municipal sanitary sewer adjacent to the subject site. The developer is to provide an acceptable means of sanitary sewage disposal.

. Presently there is no municipal storm sewer adjacent to the subject site. The developer is to provide an acceptable means of stormwater runoff disposal.

- The subject lands are located in the South Thames subwatershed. Stormwater management may be required to control storm flows related to this site

These, among other engineering and transportation issues will be addressed in greater detail through the site plan approval process.

0 The owners of the property at 29 Clarke Road (Stanislaw and Danuta Kowalski’) are opposed to the possible amendments. They wish to establish a business on their lands in the not to distant future. As the present Official Plan designation and zoning are consistent with and allow such a use, Mr. & Mrs. Kowalski are opposed to any amendment that might prohibit or restrict commercial uses. A zoning change for the properties at 31 and 35 Clarke Road from Light Industrial to Medium Density Residential would be inconsistent and in conflict d t h the existing uses on Clarke Road.

11 Concerns expressed by residents from the subdivision to the west include loss of green space and form of housing. There is opposition to townhouses and rental housing. There were favourable comments in support of single detached dwellings, semi- detached dwellings, and condominiums.

1

Concerns expressed about site grading and ,alteration of the drainage pattern potentially impacting lower-lying residential properjies to the west and southwest.

Owners of the private sports club to the south indicated that occasionally there is noise generated from soccer games and other outdoor ‘activities. They are concerned about complaints by future residents.

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Agenda Item # Page #

0216660 L. MOTTRAM

ANALYSIS

Are these lands appropriate for the Multi-Family, Medium Density Residential designation? Under Section 3.3.2 of the Official Plan, in addition to areas predominantly composed of existing or planned medium density residential development, the preferred locations for the Multi-Family, Medium Density Residential designation include lands in close proximity to Shopping Areas, Commercial Districts, designated Open Space Areas or Regional Facilities; lands adjacent to a Multi-Family, High Density Residential designation; and, lands abutting an arterial, primary collector or secondary collector street. Consideration will also be given to other criteria which are summarized as follows:

i) Compatibility - To the north are existing residential dwellings on deep lots, similar to the subject' properties. The London Sikh Society operates a community centre at 37 Clarke Road. Access to the community centre is provided by a 20 metre wide strip of land immediately north of the property at 35 Clark Road. To the south (south of 29 Clarke Road) is, a residential dwelling and storage business which provides outdoor storage for RV's, boats, and cars. Also, to the south there is a playing field owned by the Curinga Italian Canadian Club. To the west is a low density residential subdivision of semi-detached homes.

On the east side of Clarke Road, opposite the subject properties at 29 and 31 Clarke Road, is the former municipal landfill site, which currently operates as a blue box recycling and yard materials depot. Except for the entrance and exit driveways, the recycling depot is completely screened by a large berm and vegetative buffer along the Clarke Road frontage. North of the recycling depot is an auto wrecking yard operated by Shaw Auto Recyclers. The main entrance to their yard is from Pension Lane. Along the Clarke Road side there is a 20 metre wide landscaped buffer strip and a wood fence. The recycling depot and auto recycling yard operate only during the day time hours. Site visits conducted by staff on several occasions during business hours observed that these uses are not excessively noisy. Most of the on-site activity and traffic generated by the auto recycler is oriented to Pension Lane and not Clarke Road. Based on the planning staff review of the surrounding area, and subject to the recommended holding provisions in the zoning by-law for a noise study and methane testing prior to development, there are no significant compatibility concerns.

ii) Municipal Services - There are no sanitary or storm sewers on Clarke Road fronting the subject site at the present time. Although the applicants are requesting Official Plan designation and zone changes at this time, development would be premature until services are available and extended to the site. There may be an opportunity to extend sewer services from the subdivision to the west. Future development proponents will be required to confirm sewer capacity and provide a detailed servicing strategy.

iii) Traffic - Traffic is not expected to penetrate local streets or impact the adjacent low density residential areas to the west. Vehicular access for future development can be provided to Clarke Road, which is classified as an Arterial Road.

iv) Buffering - The site is a suitable size and shape to accommodate medium density housing and provide adequate buffering to protect the adjacent low density residential uses to the west. Specific measures incorporated into the development to protect the adjacent residents, such privacy fencing, screening, and landscaping are normally reviewed at the site plan approval stage.

Under Section 3.6.1 1 of the Official Plan, residential development adjacent to Industrial designations may be subject to measures intended to minimize any potential adverse impacts of existing or future industrial use on the residential development. The former City landfill site is designated as Open Space; however, the auto wrecking yard is designated General Industrial. Since the northerly portion of the subject lands are adjacent an Industrial designation, it is

9

Agenda Item # Page #

02-6660 L. MOTTRAM

appropriate and in keeping with this policy that a noise study be undertaken and attenuation measures be incorporated into the development. This will be implemented by way of a holding provision in the recommended zoning by-law amendment, as follows:

Purpose: To ensure that development is not adversely impacted by industrial uses on the east side of Clarke Road, a noise study shall be undertaken and an agreement shall be entered into, covering requirements for incorporating appropriate attenuation measures into the design of the development, prior to removal of the “h” symbol.

Under Section 17.4.3 of the Official Plan, notwithstanding the land uses designated on Schedule “A” and any associated policies, future development will not %e permitted on or in the vicinity of operating landfill sites, closed landfill sites, and other sites which produce gases similar to those found in landfill areas, unless it determined that the development satisfies the provisions of the Environmental Protection Act, and the development complies with any other provincial and’ municipal guidelines, as applicable. The City’s Z.-1 Zoning By-law already contains a holding (h- 6) provision which should be applied in conjunction with the recommended zoning amendment. The holding (h-6) provision reads as follows:

Purpose: To ensure that development in the vicinity of operating and closed landfill sites will occur in a safe manner and in accordance with the Environmental Protection Act, agreements shall be entered into specifying any necessary studies and protective measures to the satisfaction of the City of London, demonstrating that the development in the form and manner proposed, will not be adversely affected prior to the removal of the “h-6” symbol.

Is it appropriate to include the property at 29 Clarke Road? The property at 29 Clarke Road was included in the Planning Division’s review of the possible Official Plan amendment. In response to the public liaison notice, the owners of this property expressed their opposition to the possible change in land use because it is their stated intent to develop the property in the future for a use that is consistent with the current Light Industrial designation and zoning. The use of the property currently is a single detached dwelling.

Although this property is designated Light Industrial, the lands immediately to the south are designated Multi-Family, Medium Density Residential on the Schedule ‘A - Land Use Map. Instead of leaving this property in isolation, Planning Division staff included it together with the applicant‘s properties. From a planning perspective, these properties are similar and together would allow for an appropriate- extension of the Multi-Family, Medium Density Residential designation (approx. 150 metres) north to the entrance of the London Sikh Society property. It would be inappropriate to exclude the property at 29 Clarke Road when there is a possibility it could be surrounded on three sides by residentially designated lands should the application be approved.

The zoning of the property at 29 Clarke Road (Light Industrial LlllL13) was not included in the possible amendment to the zoning by-law. The Planning Division would prefer including it in a comprehensive review of the lands on the west side of Clarke Road, south to Hamilton Road, as the current zoning of these lands is not consistent with their intended long term use in the Official Plan.

What concerns were raised during the public liaison process? Concerns raised during the public liaison process included loss of green space, type of housing, site grading and drainage impacts on adjacent properties, and noise generated by outdoor recreational activities.

1 Abutting residents enjoy the green space of the undeveloped rear yards of the subject properties. The applicant‘s properties are utilized to the extent the rear lands have been cultivated for growing produce for many years. However, these lands could be better utilized for more intensive urban uses. There are sufficient lands designated for Open Space in the immediate

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Agenda Item # Page #

02-6660 L. MOTTRAM

area, specifically south of Hamilton Road and along the Thames River, which provides for active and passive recreational opportunities.

- The recommended Residential R6 Special Provision (R6-5( )) Zone permits various forms of cluster housing including single detached, semi-detached, duplex, triplex, townhouse, and stacked townhouse dwellings at a maximum density of 35 units per hectare (14 unitslacre). These forms of housing are typically developed as private condominium or rental projects. The range of dwelling types and styles are considered compatible with the adjacent residential development to the west, and in conformity with the Multi-Family, Medium Density Residential designation in the Official Plan. The requested special provision will delete apartment buildings from the range of permitted uses. *

- Prior to development, a certified site grading and drainage plan will be required as part of the site plan approval and development agreement process. As indicated in the Environmental and’ Engineering Services Department comments, there is no municipal storm sewer adjacent to the subject site. The developer is to provide an acceptable means of stormwater runoff disposal, and a stormwater management plan may be required to control storm flows related to this site.

- The owners of the private sports club to the south indicated future residents may be bothered by noise generated from soccer games and other outdoor sporting events. There is potential for noise during the day and evenings during the summer months. However, there are no lights on the private playing field so games and excessive noise during late hours is not expected to be problem.

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Agenda Item # Page #

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02-6660 L. MOTTRAM

I

CONCLUSION

The appropriateness of the Multi-Family, Medium Density Residential designation has been reviewed in accordance with the Official Plan policies and location criteria under Section 3.3.2. Consideration has been given to site characteristics, land use compatibility, and to the history of land use change and development patterns. The recommended amendments to the Official Plan and zoning as they apply to the properties at 31 and 35 Clarke Road are appropriate, subject to holding provisions in the zoning by-law requiring a noise study and appropriate attenuation measures be incorporated into future development. A holding “h-6” provision requiring environmental testing in proximity to a former municipal landfill site is also recommended. The Planning Division included the property at 29 Clarke Road in the recommended Official Plan amendments as it shares similar characteristics to the applicant’s lands, and would otherwise be left isolated and possibly surrounded on three sides by residentially designated lands should the application be approved.

I PREPARED BY: 1 SUBMllTED BY: I

EMENTATION LEMENTATION

June 8,2004 i RWP/G B/LM/lm t

Y:\shared\implemenlrep&recs\666OOZ\PCreport

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Agendaltem# Page# ,

02-6660 L. MOTTRAM

Responses to Public Liaison Letter and Publication in "Living in the City"

Telephone Written

Renee Van Vuuren / 80 Tanner Dr. Larry D. Miller on behalf of Stanislaw and Danuta Kowalski

Danuta Kowalski / 29 Clarke Rd.

Pam Burke / 189 Crimson Cres.

Kim Dempsey / 167 Crimson Cres.

Ana Perez-Morgan / 162 Crimson Cres.

Janusz Szymanski / 88 Tanner Dr.

,

Frank Mazza - Curinga Italian Canadian Club / I 9 Clarke Road

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Agenda Item # Page #

02-6660 L. MOTTRAM

AMENDMENT NO.

to the

OFFICIAL PLAN FOR THE CITY OF LONDON

A. PURPOSE OF THIS AMENDMENT

The purpose of this Amendment is:

I. To change the designation of certain lands described herein from Light Industrial, to Multi-Family, Medium Density Residential on Schedule "A , Land Use, to the Official Plan for the City of London.

B.

C.

D.

LOCATION OF THIS AMENDMENT

1. This Amendment applies to lands located at 31 and 35 Clarke Road, west side, between Hamilton Road and Gore Road, in the City of London.

BASIS OF THE AMENDMENT

The appropriateness of the Multi-Family, Medium Density Residential designation has been reviewed in accordance with the Official Plan policies and location criteria under Section 3.3.2. Consideration was given to site characteristics, land use compatibility, and to the history of land use change and development patterns; noting that new development has been mostly residential. The subject lands are located in an area of transition between lands which are planned and designated for low density and medium density residential development, and lands which are designated Light Industrial, General Industrial, and Open Space.

Under Section 3.6.1 1 of the Official Plan, residential development adjacent to Industrial designations may be subject to measures intended to minimize any potential adverse impacts of existing or future industrial use on the residential development. Since the northerly portion of the subject lands are adjacent an Industrial designation, it is appropriate and in keeping with this policy that a noise study be undertaken and attenuation measures be incorporated into the development. This will be implemented through holding provisions in the zoning by-law which will require a noise study; as well as any studies and protective measures necessary to ensure that future development in the vicinity of a former land fill site occurs in a safe manner, to the satisfaction of the City of London, prior to removal of the holding provisions.

THE AMENDMENT

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

I. Schedule "A , Land Use, to the Official Plan for the City of London Planning Area is amended by designating those lands located at 31 and 35 Clarke Road, west side, between Hamilton Road and Gore Road, in the City of London, as indicated on "Schedule I attached hereto from "Light Industrial" to "Multi-Family, Medium Density Residential".

CITY OF LONDON ZONING BY-LAW

BY-LAW NO. 2.4- AMENDMENT

Anne Marie DeCicco Kevin Bain

Schedule "A" to By-law No. Z.-I is amended by changing the zoning applicable to4ands located at 31 and 35 Clarke Road, as shown on the map below comprising'part of Key Map No. 105, from a Light Industrial (LWL13) Zone to a holding Residential R6 Special Provision (h-6.h- *R6-5( )) Zone. I

AMENDMENT TO SCHEDULE "A" .. _- _._ - . .

File Number: 02-6660

Planner: LM

Date Prepared: 2004 June 3

Technician: CMH

SUBJECT SITE I SCALE 1:5000 0 I00 Meters

!

AMENDMENT No.

LEGEND 0 DEFERRED AREAS DOWNTOWN AREA REGIONAL SHOPPING AREA COMMUNITY SHOPPING AREA NEIOHBOURHOOD SHOPPING AREA ASSOCIATED SHOPPING AREA COMMERCIAL BUSINESS DISTRICT ARTERIAL MIXED USE DISTRICT HIGHWAY SERVICE COMMERCIAL

&@$l RESTRICTEDPIIGHWAY SERVICE COMMERCIAL L x j RESTRICTED SERVICE COMMERCIAL

COMMERCIAL POLICY AREA MULTI- FAMILY, HIGH DENSITY RESIDENTIAL MULTI - FAMILY, MEDIUM DENSITY RESIDENTIAL L o w DENSITY RESIDENTIAL

m! OFFICE AREA -- AREAS OFFICE/RESIDENTI AL OFFICE BUSINESS PARK GENERAL INDUSTRIAL LIGHT INDUSTRIAL REOIONAL FACILITY COMMUNITY FACILITY OPEN SPACE

1- -1 UNDER APPEAL

URBAN RESERVE - COMMUNITY GROWTH URBAN RESERVE - INDUSTRIAL GROWTH RURAL SElTLEMENT ENVIRONMENTAL REVIEW

1-1 AGRICULTURE & URBAN GROWTH BOUNDARY

THIS 18 AN EXCERPT FROM THE PLANNINO DIVISION'S WORKINQ CONSOLIDATION OF SCHEDULE A To THE CITY OF LONDON OFFICIAL PLAN, WITH ADDED NOTATIONS

SCHEDULE 1 TO

FILE NO. I 02-6660 LM I MAP PREPARED:

OFFlCIAL PLAN April 15,2004 AMENDMENT NO.

PREPARED By: Qrmhios Information Service8 I SCALE 1:30,000 AMI, LOCATION: \\clflleIl\oi~work\planninp\Proiect~\~ o~o la ldan \workconro l00 \amendmen~\az -BB8O\nmIr \~~h~~~~~~ l~ rml

Agendaltem# Page# ;

02-6660 L. MOTTRAM

ENACTING CLAUSE

BY-LAW NO. 2.91

CITY OF LONDON ZONING BY-LAW BY-LAW NO. 2.4 AMENDMENT

1) Section 3.8 Holding “h” Zones to By-law No. Z.4 is amended by adding the following:

3.8 (2) Holding Zone Provisions r

( ) h- Purpose: To ensure that development is not adversely impacted by industrial uses on the east side of Clarke Road, a noise study shall be undertaken and an agreement shall be entered into, covering. req u i re me n t s for i n co rpo rat i ng appropriate atten u at i o n m eas u res into the design of the development, prior to removal of the “h” symbol.

Permitted Interim Uses: Existing uses.

2) Section I O Residential R6 Zone to By-law No. Z.4 is amended by adding the following:

10.4 Special Provisions

e) R6-5 Zone Variation

(a) Permitted Uses

i) Single detached dwellings ii) Semi-detached dwellings iii) Duplex dwellings iv) Triplex dwellings . v) Stacked townhouses vi) Townhouses

Agenda Item # Page #

A.

B.

C.

D.

1

AMENDMENT NO. 1

to the

OFFICIAL PLAN FOR THE CITY OF LONDON 1

02-6660 L. MOTTRAM

PURPOSE OF THIS AMENDMENT

The purpose of this Amendment is:

1. To change the designation of certain lands ,described herein from Light Industrial to Multi-Family, Medium Density Residential on Schedule “A”, Land Use, to the Official Plan for the City of London.

LOCATION OF THIS AMENDMENT

1. This Amendment applies to lands located at 29 Clarke Road, west side, between Hamilton Road and Gore Road, in the City of London.

! BASIS OF THE AMENDMENT

The appropriateness of the Multi-Family, Medium Density Residential designation has been reviewed in accordance with the Official Plan policies and location criteria under Section 3.3.2. Consideration was given to site characteristics, land use compatibility, and to the history of land use change and development patterns; noting that new development in this area has been mostly residential. The subject lands are located in an area of transition between lands which are plhned and designated for low density and medium density residential development, and lands which are designated Light Industrial, General Industrial, and Open Space. Land immediately to the south are designated Multi-Family, Medium Density Resident,ial on Schedule ‘A - Land Use Map. Extending this land use designation north to include the subject lands is considered appropriate.

I

THE AMENDMENT

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

1. Schedule “A”, Land Use, to the Official Plan for the City of London Planning Area is amended by designating those lands located at 29 Clarke Road, west side, between Hamilton Road and Gore Road, in the City of London, as indicated on “Schedule 1 ” attached hereto from “Light Industrial” to “Multi-Family, Medium Density Residential”.

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LEGEND 0 DEFERRED AREAS DOWNTOWN AREA REGIONAL SHOPPING AREA COMMUNITY SHOPPING AREA NEIOHBOURHOOD SHOPPING AREA ASSOCIATED SHOPPING AREA COMMERCIAL BUSINESS DISTRICT ARI'ERIAL MIXED USE DISTRICT HIGHWAY SERVICE COMMERCIAL RESTRICTEDAiIGHWAY SERVICE COMMERCIAL RESTRICTED SERVICE COMMERCIAL COMMERCIAL POLICY AREA MULTI - FAMILY, HIGH DENSITY RESIDENTIAL MULTI - FAMILY, MEDIUM DENSITY RESIDENTIAL

[-I LOW DENSITY RESIDENTIAL

-- AREAS mT OFFICE AREA OFFICE/RESIDENTl AL OFFICE BUSINESS PARK GENERAL INDUSTRIAL LIGHT INDUSTRIAL REGIONAL FACILITY COMMUNITY FACILITY OPEN SPACE

I, -1 UNDER APPEAL

URBAN RESERVE - COMMUNITY GROWTH URBAN RESERVE - INDUSTRIAL G R O W H RURAL SEITLEMENT

kwj ENVIRONMENTAL REVIEW T I ABRICULTURE @ URBAN GROWTH BOUNDARY

THIS IS AN EXCERPT FROM THE PLANNINQ DIVISION'S WORKING CONSOUDATION OF SCHEDULE A To THE CITY OF LONDON OFFICIAL PLAN. WITH ADDED NOTATIONS

SCHEDULE 1 OFFICIALPLAN TO

A M E N D ~ N " NO.

FILE NO. I 02-6660 LM MAP PREPARED I April 15,2004 CK

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