COMMITTEE OF THE WHOLE LUCAN

DECEMBER 17, 2013
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11 B.6 - CW ACTION
COMMITTEE OF THE WHOLE
For meeting to be held on:
Submitted by:
For:
December 17, 2013
Durk Vanderwerff,
Manager of Planning
Action
Subject:
LUCAN BIDDULPH OFFICIAL PLAN
AMENDMENT NO. 4;
FILE NO. 39T-LB-OPA4;
34297 SAINTSBURY LINE
BACKGROUND:
1075230 Ontario Inc. has applied to amend the Lucan Biddulph Official Plan for a 3.2
hectare property near Lucan. The property is located at the southwest corner of
Saintsbury Line (County Road 47) and Fallon Drive and contains a building which
previously accommodated the Biddulph Public School. Amendment No. 4 would
establish a Special Policy Area that would permit the conversion of the former
institutional use to an industrial use.
The subject lands are designated as ‘Agricultural Areas’ on Schedule A of the County
Official Plan and ‘Agricultural’ in the Township’s Official Plan. The surrounding land
uses are primarily agricultural field crops and also to the north, on the other side of
Fallon Drive, lands designated for industrial uses including the Township’s public works
garage and a self-storage warehouse use. A location map, the municipal planning
report, and a copy of Amendment No. 4 are attached.
ANALYSIS:
Amendment No. 4 was adopted by Council for the Township of Lucan Biddulph on
November 18, 2013. An agency and ministry circulation was undertaken prior to
adoption and no issues were identified.
The former school has been declared surplus to the needs of the Thames Valley District
School Board and is proposed to be purchased by the applicant and converted into a
contractor’s shop and related outdoor storage area. The planning policy documents do
not specifically address a proposal such as this however there are general policies in
the County Official Plan that provide some guidance.
…../2
DECEMBER 17, 2013
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SUBJECT: LUCAN BIDDULPH OFFICIAL PLAN AMENDMENT NO. 4; FILE NO.
39T-LB-OPA4; 34297 SAINTSBURY LINE
Section 4.4 of the County Plan states that “..this Plan is not intended to prevent the
continuation, expansion, or enlargement of uses which do not conform to the
designations and provisions of this Plan. At their sole discretion, Councils of the local
municipalities may zone to permit the continuation, expansion or enlargement of legally
existing uses, or variations to similar uses.”.
The County Plan goes on to note that such uses should have no adverse effect on
present uses of surrounding lands and have regard for MDS.
The subject lands were effectively removed from the agricultural area when the school
was established on the property in 1963. Amendment No. 4 would allow the conversion
of the school building and site to an industrial use with the addition of a special policy to
the Township’s Official Plan. Given the former institutional use of the lands, there is no
apparent impact on agriculture and any MDS setbacks are in existence. As noted
previously, Fallon Drive separates the property from an area currently designated
Industrial under the Township’s Official Plan.
I have reviewed the Amendment against the Provincial Policy Statement and the County
Official Plan and am satisfied that Amendment No. 4 is consistent with the Provincial
Policy Statement, conforms to the intent and purpose of the County’s Official Plan and
the Township’s Official Plan, and represents sound land use planning. I am, therefore,
recommending approval of Official Plan Amendment No. 4.
RECOMMENDATION
That Amendment No. 4 to the Township of Lucan Biddulph Official Plan be approved
and that staff be directed to circulate a Notice of Decision as required by the Planning
Act.
Attachments
DECEMBER 17, 2013
Township of
LUCAN BIDDULPH
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UR
SAINTSB
Y LINE
DR
FALLON
DR
FALLON
U
SAINTSB
RY LINE
LOCATION MAP
LEGEND
Description:
OFFICIAL PLAN AMENDMENT NO. 4
34297 SAINTSBURY LINE
TOWNSHIP OF LUCAN BIDDULPH
Subject Lands
FILE NO. 39T-LB-OPA4
Prepared by: Planning Department,
The County of Middlesex, December 3 2013.
0
50
1:5,000
100
Metres
150
200
±
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Planning Department
County of Middlesex
399 Ridout Street North
London, ON N6A 2P1
(519) 434-7321 (fax) 434-0638
www.middlesex.ca
November 14, 2013 MEMORANDUM TO: FROM: SUBJ: Members of Council Township of Lucan Biddulph Marc Bancroft, Senior Planner Applications for Official Plan and Zoning By‐law Amendments (File Nos. OPA 04/2013 & ZBA 09/2013) Thames Valley District School Board (Applicant: 1075230 Ontario Inc. ‐ Maurice Pickard) 34297 Saintsbury Line Purpose: The subject applications have been filed for lands situated at the southwest corner of Fallon Drive and Saintsbury Line (County Road 47), being part of Lot 26, Concession IV (geographic Township of Biddulph). The purpose of the amendments is to change the Official Plan designation and zoning of the lands from ‘Agricultural’ to ‘Agricultural / Special Policy Area #1’ and from the ‘Institutional (I) Zone’ to the ‘General Industrial (M1) Zone’, respectively, to permit the conversion of the former Biddulph Public School to an industrial use. Background (see attached Figure 1): The subject lands have a lot frontage and lot depth of 180 metres (591 ft) and a lot area of 3.2 hectares (7.9 ac). The lands are occupied by a building which previously accommodated Biddulph Public School. This facility has been declared surplus to the needs of the Thames Valley District School Board and is being purchased by the applicant to convert the building and site to a contractor’s shop and related outdoor storage area. The building is currently serviced by municipal water and municipal sanitary sewers. A public meeting of Township Council is scheduled for November 18, 2013 where the subject applications are to be heard. Analysis: The lands being redesignated and rezoned do not contemplate the removal of agricultural land since they were previously removed from agricultural production upon the construction of the school in 1963. This proposal recognizes this unique circumstance and is not precedent setting given that the former school building is an existing non‐agricultural use. Furthermore, it accepts the non‐agricultural nature of the property and facilitates the requested conversion. Fallon Drive separates the subject lands from an area currently designated Industrial under the Township Official Plan. This area contains vacant land to support future industrial development along with a number of existing uses: the Lucan sewage treatment plant, the Township public works garage and a self‐storage warehouse facility. The industrial development of the subject lands will in effect result in an extension of the said designation and is therefore an appropriate land use. DECEMBER 17, 2013
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Memorandum to Township Council Applications for Official Plan and Zoning By‐law Amendments (File Nos. OPA 04/2013 & ZBA 09/2013) Thames Valley District School Board (Applicant: 1075230 Ontario Inc. – Maurice Pickard) 2 Should the Official Plan Amendment be adopted by Township Council, it will be forwarded to the County of Middlesex for consideration of approval being the approval authority. The Planning Act states that if Township Council has adopted the Official Plan Amendment, it may prior to County approval thereof, pass the Zoning By‐law Amendment. Only once the Official Plan Amendment is approved by the County does the Zoning By‐law Amendment come into full force and effect. The requested M1 zone is consistent with the zoning of the foregoing area designated Industrial. The subject property satisfies the minimum lot area, minimum lot frontage and minimum lot depth requirements (0.2 hectares, 30 metres and 60 metres, respectively). Permitted uses include: bulk sales establishment, car wash, contractor’s yard or shop, general industrial use, service shop, truck terminal, warehouse and a retail storage as an accessory use. To ensure that site plan approval applies to the redevelopment of the site, the application of a holding symbol is recommended. The applicant will be required to submit a site plan showing the layout of the site including the proposed storage yard and necessary screening to ensure building materials are not visible from adjacent roadways. Once the site plan has been approved by the Township, only then will the holding symbol be lifted to allow the conversion. In all, the subject proposal is consistent with the Provincial Policy Statement and in conformity with the County of Middlesex Official Plan. Through an adopted and approved Official Plan Amendment, the proposal is also in conformity with the Township Official Plan. Recommendation: THAT the Official Plan Amendment be adopted, for lands owned by the Thames Valley District School Board and known municipally as 34297 Saintsbury Line, and that the Amendment be forwarded to the County of Middlesex for consideration of approval; THAT the Zoning By‐law Amendment, for lands owned by the Thames Valley District School Board being 34297 Saintsbury Line, be approved subject to a holding (H) symbol. DECEMBER 17, 2013
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AMENDMENT NO. 4
TO THE
OFFICIAL PLAN
OF THE
TOWNSHIP OF LUCAN BIDDULPH
SUBJECT:
CONVERSION OF FORMER BIDDULPH PUBLIC SCHOOL
THAMES VALLEY DISTRICT SCHOOL BOARD
(APPLICANT: 1075230 ONTARIO INC. – MAURICE PICKARD)
34297 SAINTSBURY LINE
November 18, 2013
DECEMBER 17, 2013
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PART A - THE PREAMBLE
1.0
PURPOSE AND EFFECT
The purpose and effect of the Official Plan Amendment is to redesignate the subject lands from
Agricultural to Agricultural / Special Policy Area #1 to permit the conversion of a former
institutional use to an industrial use for a property with a lot frontage and depth of 180 metres
and a lot area of 3.2 hectares.
2.0
LOCATION
Known municipally as 34297 Saintsbury Line, the subject lands are situated at the southwest
corner of Fallon Drive and Saintsbury Line (County Road 47). The lands are legally described
as Part of Lot 26, Concession IV (geographic Township of Biddulph), Township of Lucan
Biddulph. The subject lands contain a building serviced by municipal water and sanitary sewers
which previously accommodated an elementary school. The subject lands are surrounded by
agricultural uses related to the cultivation of field crops with notable exceptions. Lands to the
north contain a public works garage and a self-storage warehouse use. Lands at the opposite
corner contain a rural residential use.
3.0
BASIS OF THE AMENDMENT
The lands being redesignated do not contemplate the removal of agricultural land since they
were previously removed from agricultural production with the development of the school in
1963. This amendment recognizes this unique circumstance and is not precedent setting.
Furthermore, it accepts the non-agricultural nature of the lands and facilitates the conversion of
the former institutional use to an industrial use to support the establishment of a contractor’s
shop and related storage yard.
Fallon Drive separates the subject lands from an area currently designated Industrial under the
Official Plan. This area contains vacant land to support future industrial development along with
a number of existing uses: the Lucan sewage treatment plant, the Township public works
garage and a self-storage warehouse facility. The industrial development of the subject lands
will in effect result in an extension of the said designation and is therefore an appropriate land
use. This Amendment is consistent with the Provincial Policy Statement and in conformity with
the County of Middlesex Official Plan.
Amendment No. 4 to the Official Plan – Conversion of former Biddulph Public School
Township of Lucan Biddulph
November 18, 2013
page 2
DECEMBER 17, 2013
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PART B - THE AMENDMENT
All of this part of the Amendment entitled ‘Part B - The Amendment’, consisting of the following text and
Schedule ‘A’, constitutes Amendment No. 4 to the Official Plan of the Township of Lucan Biddulph.
DETAILS OF THE AMENDMENT
The Official Plan of the Township of Lucan Biddulph is hereby amended:
(i)
by amending Section 3.2.1.1 of the Official Plan with the addition of the following policy at the end
of the section:
“Notwithstanding any other section of the Official Plan, Section 3.2.7, being the policies governing
lands designated Industrial in the Rural Area of the Township, shall apply to facilitate the
redevelopment of an institutional use to an industrial use for lands identified as Special Policy
Area #1, as shown on Schedule ‘C’ to this Official Plan, legally described as Part of Lot 26,
Concession 4 (geographic Township of Biddulph), Township of Lucan Biddulph and known
municipally as 34297 Saintsbury Line.”
(ii)
by amending Schedule ‘C’ of the Official Plan by changing the designation of the lands described
as Part of Lot 26, Concession 4 (geographic Township of Biddulph), Township of Lucan Biddulph
and known municipally as 34297 Saintsbury Line as shown on Schedule ‘A’ attached hereto to
Amendment No. 4, from ‘Agricultural’ to ‘Agricultural / Special Policy Area #1’.
PART C - THE APPENDICES
NOT ATTACHED
The following appendices do not constitute part of Amendment No. 4 but are included as information
supporting the amendment.
Appendix I
-
Notice of Public Meeting
Appendix II
-
Minutes of Public Meeting
Appendix III
-
Copies of Correspondence
Amendment No. 4 to the Official Plan – Conversion of former Biddulph Public School
Township of Lucan Biddulph
November 18, 2013
page 3
DECEMBER 17, 2013
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