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OZ-8373Chuck Parker

TO: CHAIR AND MEMBERSPLANNING & ENVIRONMENT COMMITTEE

FROM: JOHN M. FLEMINGMANAGING DIRECTOR, PLANNING AND CITY PLANNER

SUBJECT:CITY OF LONDON OFFICIAL PLAN AND ZONING BY-LAW REVIEW

BLACKFRIARS/PETERSVILLE OFFICIAL PLAN/ZONING STUDY

PUBLIC PARTICIPATION MEETING ONTuesday, September 23, 2014

I RECOMMENDATION IIThat, on the recommendation of the Managing Director, Planning and City Planner, with respectto the Official Plan and Zoning By-law review undertaken by the City of London relating to theBlackfriars/Petersville Neighbourhood, the proposed by-law attached hereto as Appendix “A”BE INTRODUCED at the Municipal Council meeting on July 29, 2014 to amend Zoning By-lawNo. Z.-1, in conformity with the Official Plan, to change the zoning of the subject propertiesFROM Residential R2 (R2-2), Residential R2/Office Conversion (R2-2/0C4) and ResidentialR2/Office Conversion (R2-210C5) Zones TO Residential R2 Special Provision (R2-2( )),Residential R2 Special Provision/Office Conversion (R2-2( )/0C4) and Residential R2 SpecialProvision/Office Conversion (R2-2( )/OC5) Zones.

PREVIOUS REPORTS PERTINENT TO THIS MATTER

1. Tuesday, April 23, 2013 Presentation to PEC

2. Tuesday, May 7, 2013 Planning Report to PEC on Options

3. Tuesday, May 14, 2013 Report to Special PEC Meeting

4. Tuesday, August 20, 2013 Notice of Appeal Report to PEC

5. Tuesday, December 10, 2013 Report on Potential HCD Boundary to PEC

6. Tuesday, March 25, 2014 Draft HCD Plan and ConservationGuidelines to PEC

7. Tuesday, April 8, 2014 Report to PEC on Various Zoning Options

8. Tuesday, April 29, 2014 Blackfriars/Petersville HCD Plan andConservation Guidelines and Official PlanAmendments to PEC

PURPOSE AND EFFECT OF RECOMMENDED ACTION

The intent of the official plan/zoning review was to review the current Official Plan policies andthe Residential R2 Zone applied to the Blackfriars/Petersville neighbourhood and determinewhether any changes could be made given the overriding Provincial floodplain policies andregulations. The report provides recommended zoning by-law amendments to allow review offuture changes within a Provincially regulated floodplain area.

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RATIONALE

1. The proposed amendment is consistent with the Provincial Policy Statement, 20142. The proposed amendment is consistent with the City’s Official Plan.3. The proposed amendment would permit an appropriate level of redevelopment within a

regulated floodplain area, and not create a health and safety issue.

I BACKGROUND I1) Why are we doing the Study?

This review was initiated in response to Council direction 14(d) of May 14, 2013;

U) the Civic Administration BE DIRECTED to undertake a concurrent studyto consider a City initiated Zoning By-law Amendment to rezone the subject area from aResidential R2 Zone to a Residential RI Zone;

it being noted that staff will report back regarding possible changes to the staff work planthat may be required to undertake the zoning study identified above;

Because of the range of options being considered (some would require an Official Planamendment) and to deal with amendments comprehensively, Planning staff also decided toreview the existing Official Plan policies which apply to the area as well.

This official plan and zoning study were initiated in response to residents’ concerns aboutexisting single family dwellings being converted to multi-unit residential conversions or beingdemolished and replaced by new multi-unit residential dwellings (which they felt were out ofscale with the rest of the neighbourhood) without any public participation process. The sameissue initiated the Beaufort/lrwin/Gunn/Saunby/Essex (BIGS) Neighbourhood Plan to the northand the broader Near Campus Neighbourhood Study which deals with the same issue inneighbourhoods around the campuses of Western University and Fanshawe College. Theprimary difference between those neighbourhoods and this one is that the Blackfriars/Petersvilleneighbourhood is below the Provincial regulatory floodline and all new development is regulatedby the UTRCA (Upper Thames River Conservation Authority).

A group of residents brought their concerns to the attention of Council on April 30, 2013. Aneighbourhood options report was reviewed by Planning and Environment (PEC) Committee onMay 7, 2013 and on May 14, 2013 which resulted in the above resolution.

This official plan/zoning study implements clause (d) of the Council resolution.

2) Character of the Neighbourhood

Historically, the Blackfriars/Petersville neighbourhood has been characterized as a stable, lowdensity residential area. For the most part this has occurred because there are limitedredevelopment opportunities because the neighbourhood is located within a Provinciallyregulated floodplain. The area initially developed as a low density residential neighbourhoodand has largely remained that way over time because of this constraint. Other neighbourhoodsabutting the Downtown have seen more intensification than Blackfriars/Petersville.

There are approximately 1000 properties in the neighbourhood which are zoned Residential R2(R2-2) as well as some commercially zoned properties and some residential properties whichhave been zoned through a zoning by-law amendment for more than two units and officeconversions. Half of the properties were owner occupied in 2011 and in a single detachedhousing form. The population was approximately 2800 people in 2011 with a concentration ofyoung adults and older adults.

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OZ-8373Chuck Parker

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OZ-8373Chuck Parker

II PLANNING HISTORY OF BLACKFRIARS/PETERSVILLE

In the past a number of studies have been completed on the Blackfriars!PetersvilleNeighbourhood. Each of these studies, which have been summarized below, has had an impacton the planning and development of the area. These include:

1) West London District Plan (Council approved Oct 18. 1976)

The District Plan included separate policies for Kensington (west of Wharncliffe) and Petetsville(east of Wharncliffe). Both areas were considered stable residential neighbourhoods andconservation and rehabilitation were encouraged. Redevelopment was only permitted along thearterial roads. Family orientated single family, two family, rowhouse and apartment units couldbe permitted up to a maximum density of 25 units! per hectare (10 units per acre). Officeconversions were not permitted. The Plan policies are no longer applicable because theyformed part of the 1971 Official Plan which was replaced by the 1989 Plan (current).

2) West London Area Improvement Plan (March 1993)

This plan concentrated on identifying priority infrastructure projects including parks, recreationalfacilities, sidewalks and curb and gutter projects. It also identified properties which had beenrehabilitated under the various housing rehabilitation programs and provided a listing ofbuildings with the year built and architectural style specified. Building rehabilitation and treeplanting were also encouraged. Over 200 buildings in the neighbourhood were rehabilitatedunder various Provincial programs through this Plan. About $ 1.8 M was spent by the Citybetween 1993 and 1997 in West London on infrastructure improvements.

3) Background Reports on the West London Special Policy Area (May1997)

Following approval of the City’s Official Plan by Council in 1989 a Special Policy AreaBackground Report (covering the four potential SPA’s) were prepared and endorsed by Counciland submitted to the Province for consideration. In 1997, two detailed reports were prepared(Technical Report and Background Report) and submitted to the Province as justification for anyfuture Special Policy Area. The reports were very detailed and included land use, building,demographic and topographical information.

The Province never approved the Special Policy Area for West London and the area has beenguided by “UTRCA Interim Policies for City of London Candidate Special Policy Areas” in placesince 1991. Recently, UTRCA has approached the City about reapplying to the Province forspecial policy status for West London.

4) Residential Rental Units Licensing By-law (Council approved Sept 2009)

Council approved the By-law September 21, 2009 and it came into force and effect Match 1,2010. It was intended to protect the health and safety of residents living in rental housing and toprotect the residential amenity, character and stability of residential areas. It requires rentalproperties of 4 units or less to be licensed.

5) Great Near Campus Neighbourhoods Study (2008-2012)

Due to its proximity to Western University, the Blackfriars!Petersville neighbourhood is includedas one of the Near- Campus Neighbourhoods regulated by the recently approved Official PlanAmendment No. 535 (Council approved June 26-27, 2012). This amendment responds toresidential intensification pressures that are common to the residential areas surroundingWestern University or Fanshawe College. Taking a comprehensive approach, the amendmentprovides policies that apply to all Near-Campus Neighbourhoods in the City, including thisneighbourhood. The policies outline a vision and provide land use planning goals for the NearCampus Neighbourhoods as well as policies to encourage appropriate intensification and directpreferred intensification to appropriate locations.

In addition, By-law No. Z.-1-1 22125, a by-law to change various sections of the City’s ZoningBy-law to implement OPA No. 535, has also been approved. The zoning changes approvedinclude:

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Chuck Parker

• Limiting the number of bedrooms to three bedrooms/unit for apartment buildings,converted dwellings, duplex dwellings, triplex dwellings, fourplex dwellings, semidetached dwellings and all forms of townhouse dwellings:

• Removing the exceptions for minimum interior side yard setbacks in order tostrengthen the criteria for the establishment of mutual driveways:

• Strengthening regulations for parking areas by revising the calculation of parkingareas, providing an increase in parking area coverage regulations and establishingsetback requirements for parking areas to the rear and side lot lines: and,

• Establishing minimum landscaped open space regulations.

These By-Law amendments help to reduce the negative impacts associated with residentialintensification in Near- Campus Neighbourhoods. Any zoning changes recommended throughthis study should be consistent with the By-laws for the Neat- Campus Neighbourhoods,implementing its goals by discouraging widespread intensification in the neighbourhood.

I ANALYSIS

Current Regulatory Framework

1. Floodplain Regulations

It is important to note at the outset of this section that the entire Blackfriars/PetersvilleNeighbourhood lies within the flood plain of the Thames River. Therefore, all of the study area issubject to the limiting regulations imposed accordingly. The Upper Thames River ConservationAuthority (UTRCA) is responsible, along with others, for implementing the Flood Plain PlanningPolicy Statement of the Province of Ontario. This Policy outlines the regulations for prohibitingor providing conditional approval for development proposed in the floodway or flood fringerespectively. Under the standard flood plain policies, development in the floodway is prohibitedwith the exception of buildings or structures associated with essential public infrastructure, floodand erosion control, bank stabilization and watershed management works.

Provincial policies and City of London Official Plan policies, however, permit the recognition ofSpecial Policy Areas which are developed areas which preceded the establishment of floodplainpolicies. The purpose of Special Policy Areas is described in Section 15.6.4 i) of the OfficialPlan as follows:

“The purpose of Special Policy Area status is to provide for the maintenance andupgrading of existing development and to recognize and permit limited, additionaldevelopment in built-up areas to retain the socio-economic viability and nature of the area,without adding undue risk to life and property.”

The City and the Conservation Authority pursued the approval of a Special Policy Area forregulating development in the candidate West London Area flood plain between 1989 and 1997but no Provincial approval was ever given. Interim policy guidelines for reviewing developmentproposals are still being used for the area. Council has approved the Official Plan amendmentwhich would recognize Blackfriars/Petersville as a Special Policy Area under Section 15.6.4 ofthe Official Plan: however, the Province has yet to approve that amendment.

Both the UTRCA and City are exploring the possibility of re-initiating the Special Policy Areaapprovals for the area. UTRCA have requested that we consider special policies for theBlackfriars/Petersville area through the RETHINK LONDON process.

2. Official Plan

The Official Plan since the 1970’s has identified the Blackfriars/Petersville area as a low density,stable residential neighbourhood. The 1971 Plan designated the area Residential and the 1989Plan designated the area Low Density Residential, both permitting the same range of uses atsimilar densities.

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Agenda Item # Page #

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OZ-8373Chuck Parker

Except for lands north of Oxford Street which are designated Neighbourhood Commercial Nodeand Multi-Family, Medium Density Residential, lands at the intersection of Riverside Drive andWharncliffe Road which are designated Neighbourhood Commercial Node and Office Area andlands along the Thames River corridor which are designated Open Space, the majority of landswithin the study area are designated Low Density Residential on Schedule “A” which generallypermits single detached, semi-detached, duplex, multiple-attached and converted dwellings upto a maximum density of 30 units per hectare. This designation is also consistent with theprevious Residential designation in the West London District Plan (Council approved October18, 1976) which permitted similar forms of housing at a maximum density of 25 units perhectare.

However, Schedule “B” of the Official Plan identifies this area as a Potential Special PolicyArea within the Regulatory Floodline of the Thames River which restricts permitted uses andlimits future development. As indicated above, the City and UTRCA have tried in the past to getBlackfriars/Petersville recognized as a special policy area under Section 15.6.4 of the OfficialPlan.

In the absence of special policy area status, the floodplain policies contained in Section 15.6 ofthe Official Plan apply. Section 15.6.2 (One-Zone Concept) specifically applies and subsectionii) states;

The zoning of flood plain lands will reflect the restricted use of these lands, and willprohibit any new development, with the exception of existing uses and minor additionsand/or renovations to existing structures. A permit may be required from the appropriateConservation Authority and flood proofing may be required....

Further, subsection iv) states that any changes within these areas also requires that;

(b) All new development or structures within the flood plain will require the approval of theappropriate Conservation Authority.

(c) Minor renovations, alterations, or additions to existing buildings may be permittedsubject to the approval of Council in co-operation with the appropriate ConservationAuthority.

These policies are consistent with the UTRCA Interim Policies for the City of London CandidateSpecial PolicyAreas (SPA’S). Particularly relevant policies include;

1. The following interim policy guidelines will continue for West London

iv) conversions to residential use will not be allowed.v) permitted activities will include;

• additions less than 100% in size.• Accessory buildings to existing uses.• Conversions of existing structures to office or commercial.• In filling of existing land uses of one or two units.

2. Permits may be granted for such activity provided;

I) The proposed activity conforms to the existing municipal zoning (le. No zoningamendments or variances required.

Without these interim policies, all new development in this neighbourhood would be prohibited inaccordance with Provincial policy. As indicated above the Official Plan policies anticipate littlechange in this particular neighbourhood.

3. Zoning

The area has long been zoned for up to two family residential development. In By-law C.P. 953-42 (which was applied prior to 1991) most lands in the neighbourhood were zoned Two Family(2F) which permitted duplex, semi-detached and single family dwellings. Zoning By-law Z-1,which applies now, permits the same range of uses but added two unit converted dwellings. The

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LegendEXISTINGZONING

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Agenda Item # Page #

01.8373Chuck Parker

zoning approach in this residential neighbourhood since the 1970’s has been to permit amaximum of two unit residential dwellings.

How the Current Issue Arose

Although the entire neighbourhood (excluding the commercial, community facility and openspace uses) is zoned for two family uses (maximum two units), Zoning By-law Z-1 at one timepermitted 5 bedrooms per unit which potentially created the opportunity for a residential dwellingcontaining 10 bedrooms. In some neighbourhoods in the City, this resulted in levels ofintensification greater than previously existed. For example, the recent development activity inthe BIGS (Beaufort/lrwin/Gunn/Saunby/Essex) neighbourhood (north of this neighbourhood)resulted in the City reviewing the area to determine the appropriate levels of redevelopment.Recent zoning by-law amendments through the Great Near-Campus Neighbourhood Studyhave reduced the number of bedrooms permitted per unit in multiple unit structures to 3bedrooms per unit (maximum 6 bedrooms in two family zoning).

In late 2012/early 2013 some residents of the Blackfriars/Petersville neighbourhood appearedbefore the Planning and Environment Committee and expressed concerns that the nature, scaleand form of recent development was inappropriate for the neighbourhood. Examples of requestsfrom the last few years include:

Table I — Recent Inquiries and Development Activity in Area

Street Address What was Happening Tissue129 Walnut Street Inquiry for an R2 or R3 Zone Density of 50 units/ha

to allow an existing house to Not a typical dwelling in areabe demolished and replaced Out of scale In floodplain-with a fourplex increasing number of

residents36 Argyle Street Minor variance to retain REFUSED on the basis it

existing converted dwelling didn’t meet four testswith two units on reduced lot Not consistent with UTRCAarea and frontage. policies

29 Argyle Street Single storey house 0MB refused in 2010.demolished in 2007 and minor Intensification in the floodplainvariance to build new 2 storey

1 semi-detached186-1 88 Wharncliffe Road Single family dwellings One built, the other awaitingNorth replaced with duplex completion of study- site plan

j and building permit approval

New Building on Wharncliffe Road

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78 -80 Oxford Street West Two demolition permits Both are Priority 2 onrequested on properties Inventorydamaged by fire On hold because of Study

Area Holding By-law

96 Albion Street Wanted to replace stucco with Replace stucco with stucco,vinyl siding on the exterior insulate walls and repavePrevious request to demolish driveway.to build a larger duplex Garage demolishedSite plan approval was Was to have 2 units with 5required. bedrooms each with 4 parking

spaces in rear144 Paul Street Wanted to build a second

storey to create a duplex120 Oxford Street West Site plan application for a two

unit converted dwelling13 Blackfriars Street Fire damaged building — Wanted to demolish and

illegal triplex rebuild- 2 units and a retailarea

108 Wilson Avenue Site Plan application — duplex Council directed a site planreplace a single family public meeting be held and

revoked delegated authority89 Wilson Avenue Resident installing a second

floor dormer76 Blackfriars Street Building permit app-Second

Floor renovation116-118 Paul Street Building permit app.-Demolish

and rebuild12 Leslie Street Single family dwelling replace

with duplex with 5 bedroomsper unit and 2 rear yardparking spaces.

Overall, between 2010 and 2013 there were 82 building permit applications and 18 minorvariance! consent applications in the neighbourhood.

The other issue was that these types of changes were taking place without any sort of publicprocess. In some instances, no zoning by-law amendment and/or or public site plan approvalapplication was required. Typically, only a building permit was required, which doesn’t include apublic review process. The City’s Intensification and Infill policies require an administrative siteplan review process where specific matters regarding the “fit” of the proposed new developmentis reviewed, however, unless an application under the Planning Act such as a zoning by-lawamendment or minor variance application is required, no public consultation is required.

Liaison Responses

On April 8, 2014 a report was presented to Planning and Environment Committee (PEC)providing a series of options for Official Plan/Zoning By-law changes. As directed by Council onApril 15, 2014 the report was circulated to the public, landowners for review and comment. Nopublic comments were received and only the Upper Thames Rivet Conservation Authority(UTRCA) responded with comments (attached to report). LACH comments are also attached.

Recommended Option

On April 8, 2014 a report was submitted to PEC outlining various Official Plan/Zoning Optionsfor dealing with floodplain issues. Given the existing Low Density Residential land usedesignation and the Floodplain policies (including UTRCA Interim Policies) in the Official Plan,there is a basis to review the amount of new development that may be permitted within thisneighbourhood. A number of options were explored.

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It is important to note that neither the Official Plan nor the Zoning By-law cannot regulatewhether a property is tented or owner occupied or otherwise limit who may live there. Theimplementation tools described below focus on the intensity and form of development that mightoccur, not on who might occupy the units that either exist or that may be created throughintensification or redevelopment.

Following circulation of that report to the public, agencies and other City Departments Planningstaff are recommending;

Option 2: Apply a new Residential R2 Special Provision Zone

Nature of the Option

This option would recognize existing legal two-unit development and permit single detacheddwellings and converted dwellings with a maximum of two units as-of-right. It would not permitthe redevelopment of properties that do not currently contain two units to redevelop to new twounit structures. Any future requests to permit a two unit structure on those properties wouldrequire a zoning by-law amendment, which would include a public consultation process.

Because the Blackfriars!Petersville neighbourhood is located within a Provincially-regulatedfloodplain the issue is one of the health and safety of the population. The proposed amendmentwould accomplish this by limiting the opportunities for new, additional development. Theproposed amendment would allow redevelopment to the same level that currently exists,thereby not creating new opportunities for residential development that would increase the totalnumber of dwelling units than what currently exists.

A distinction is made by use of the terms “existing” and “legally established” because in theseolder areas of the City not all units have been “legally established” or are considered “existing”.Zoning By-law Z-1 currently defines “existing” as

“EXISTING” means legally existing on the effective date of this By-Law.

There is some confusion over the term “existing”; whether that means the use currently made ofthe property or the legal use on the property. Use of the term “legally established” makes thatclearer.

The advantages of this option are 1) it recognizes existing legal uses; no existing developmentwould be made non-conforming to the zoning by-law; and 2) would limit future intensificationopportunities to existing two-unit properties.

The attached zoning by-law amendment implements this option.

Reasons for Not Selecting Other Options

Option 1: Status QuoINo Changes

The Official Plan land use designation would remain Low Density Residential and the ZoningBy-law would still zone most of the area Residential R2 (R2-2), permitting two-unit development.Floodplain policies and heritage conservation district policies, once approved, would still apply.City would continue to rely on UTRCA and interim policies to review development proposals toaddress the issue of intensification within the floodplain.

The disadvantage is that there are no changes to the existing situation, whereby proposals thatconform to the Zoning By-law would not involve a public consultation process. Neighbourhoodissues of scale, height and character would still remain. Limitation on redevelopment would stillbe governed by application of current policies related to floodplain limitations and UTRCAreview. UTRCA would like to minimize the burden and want some assistance from City staff indealing with neighbourhood issues.

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Option 3: Change Zoning to a Residential RI Zone

This option was the one included in the Council resolution of May 14, 2013, and would involvechanging the zoning from a Residential R2 (R2-2) Zone to a Residential Ri Zone. The OfficialPlan land use designation would not need to be changed.

An amendment to the Zoning By-law to restrict permitted uses to just one single detacheddwelling per lot would be an effective way of addressing issues of height and scale. TheZoning By-law currently permits: single detached dwellings; semi-detached dwellings; duplexdwellings; and converted dwellings (to a maximum of 2 dwelling units). An amendment tothe Zoning By-law to permit only single detached dwellings would prohibit new semidetached, duplex or two unit converted dwellings.

The disadvantages include the creation of multiple legal non-conforming land uses. Anylegally constructed two-unit dwelling would be permitted to remain as a legal use, even if itno longer complies with the zoning by-law. In addition, The Planning Act and Official Planprovide for the extension or enlargement of legal non-conforming land uses, using criteriathat evaluate a proposed enlargement on the basis of compatibility. These matters areconsidered by the Committee of Adjustment, and not by Council, although they do requirepublic consultation.

Option 4: Other Zoning Changes

Another option presented would be to develop additional Zoning By-law regulations for thisarea. Unlike Option 2, this new set of regulations would address “lot” issues, and not “use’issues. For example, zoning regulations could be introduced to apply maximum floor areas;minimum rear yard depths, and alternative parking standards and floor area ratio regulations.This direction would also be like the regulations applied in other Near-CampusNeighbourhoods such as North London/Broughdale.

The Great Near-Campus Neighbourhoods review did result in changes to the zoning by-lawwhich included:

• Limiting the number of bedrooms to three bedrooms/unit for apartment buildings,converted dwellings, duplex dwellings, triplex dwellings, fourplex dwellings, semidetached dwellings and all forms of townhouse dwellings;

• Removing the exceptions for minimum interior side yard setbacks in order tostrengthen the criteria for the establishment of mutual driveways;

• Strengthening regulations for parking areas by revising the calculation of parkingareas, providing an increase in parking area coverage regulations andestablishing setback requirements for parking areas to the rear and side lot lines;and,

• Establishing minimum landscaped open space regulations.

Additional regulations beyond those already in place would be considered. Within theBlackfriars/Petersville area, the small scale of the housing and the large areas of landscapingcould provide a basis for more stringent regulations related to landscaped open space, lotcoverage, height, etc. In addition, current restrictions on development through the interimspecial policy area policies prohibit basements in new developments. This could be added tothe new zoning regulations.

Similar to the above option disadvantages, it could create non-conforming conditions forexisting properties. This amendment would only make matters related to the lot regulationsfor current devetopment on the lot non-conforming, and not the actual use of the propertywhich is the neighbourhood issue

Option 5: Official Plan Amendment to Create a Special Policy for theNeighbourhood

Similar to the North London/Broughdale Neighbourhood special policy, an Official Planspecial policy could have been adopted for the lands.

The disadvantage is that it would still require a zoning by-law amendment to implement anynew policy direction that is not reflected in the current zoning by-law.

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Given the above, Option 2 is the best approach, dealing with future changes in anappropriate manner and addressing neighbourhood concerns.

Is there a Need to Reinitiate the Special Policy Area Process?

As described in the report, the City and UTRCA started the process of having West Londonidentified as a Special Policy Area. Following approval of the City’s Official Plan by Council in1989, a Special Policy Area Background Report (covering the four potential SPA’s) wasprepared and endorsed by Council and submitted to the Province for consideration. In 1997, twodetailed reports were prepared (Technical Report and Background Report) and submitted to theProvince as justification for any future Special Policy Area. The reports were very detailed andincluded land use, building, demographic and topographical information.

To date, the Province has not approved the Special Policy Area for West London and the areahas been guided by “UTRCA Interim Policies for City of London Candidate Special PolicyAreas”, in place since 1991. Recently, UTRCA has approached the City about reapplying to theProvince for special policy status for West London (see attached letter dated May 14, 2012).

Given the impending implementation of the 2014 Provincial Policy Statement (PPS), it isappropriate to initiate the process again. There have been some minor changes to Section 3.1of the PPS, the Section which addresses special policy areas. A report recommending that theCity re-initiate the Special Policy Area process will be presented to the Planning andEnvironment Committee for consideration.

I CONCLUSION

It is recommended that the preferred option would be to pursue Option 2: Apply a New R2-2Special Provision Zone, in concert with an amended application to the Province for SpecialPolicy Area status for the Blackfriars/Petersville Neighbourhood.

PREPARED BY: SUBMITTED BY:—W.J. CHARLES PARKER, M.A. GREGG BARRETT, AICP

MANAGER, LONG RANGE PLANNINGSENIOR PLANNERAND RESEARCHURBAN REGENERATION SECTION

RECOMMENDED BY:

JOHN M. FLEMING, MCIP, RPPMANAGING DIRECTOR, PLANNING AND CITY PLANNER

August 13, 2014

Y:\Shared\poUcy\Area-Community Plans\PetersvilleBlackfriars Area\planningreportzoningstudysept232ol4toPEc.docx

14

Agenda Item # Page #

OZ-8373Chuck Parker

Bibliography of Information and MaterialsOZ-8373

Reference Documents:Ontario. Ministry of Municipal Affairs and Housing. Planning Act, R.S.O. 7990, CHAPTERP.13, as amended.

Ontario. Ministry of Municipal Affairs and Housing. Provincial Policy Statement, 2014.

Ontario Ministry of Natural Resources, Procedures for the Approval of New Special Policy Areas(SPAS) and Modifications to Existing SPAS Under Provincial Policy Statement, 2005 (PPS,2005), Policy 3.1.3 — Natural Hazards — Special Policy Areas, Technical Guide — River andStream Systems: Flooding Hazard Limit, January 2009.

City of London. Official Plan, June 19, 1989, as amended.

City of London. Zoning By-law No. Z.-7, May 21, 1991, as amended.

Correspondence and Background Documents: (alt located in City of London Fife No. OZ8373 unless otherwise stated)

City of London —

West London District Plan (February 1987)

West London Area Improvement Plan (March 1993)

Great Near-Campus Neighbourhoods Strategy Study (2008-2012)

City of London Residential Rental Licenses By-law (2013)

Departments and Agencies -

Creighton C., UTRCA. See attached two letters

15

Agenda Item # Page #

OZ-8373Chuck Parker

Appendix A

Bill No. (number to be inserted by Clerks Office)2014

By-law No. Z.-1-14

A by-law to amend By-law No. Z.-1 torezone an area of land located within theBlackfriars/Petersville Neighbourhood.

WHEREAS the City of London initiated a zoning by-law review to rezone an areaof land located within the Blackfriars/Petersville Neighbourhood, as shown on the map attachedto this by-law, as set out below;

AND WHEREAS this rezoning conforms to the Official Plan;

THEREFORE the Municipal Council of The Corporation of the City of Londonenacts as follows:

1) Schedule “A” to By-law No. Z.-1 is amended by changing the zoning applicable to landswithin the Blackfriars/Petersville Neighbourhood, as shown on the attached mapcompromising part of Key Map No. A107, from Residential R2 (R2-2), ResidentialR2!Office Conversion (R2-2/0C4) and Residential R2/Office Conversion (R2-2/OC5)Zones to Residential R2 Special Provision (R2-2( )), Residential R2 SpecialProvision/Office Conversion (R2-2f )/0C4) and Residential R2 Special Provision/OfficeConversion (R2-2( )/0C5) Zones.

2) Section Number 6.4 of the Residential R2 Zone is amended by adding the followingSpecial Provision:

R2-2()

a) Permitted UsesI) Single detached dwellings;ii) Existing legally established semi-detached dwellings;iii) Existing legally established duplex dwellings;iv) Converted dwellings (maximum 2 dwelling units).

The inclusion in this By-law of imperial measure along with metric measure is for the purpose ofconvenience only and the metric measure governs in case of any discrepancy between the twomeasures.

This By-law shall come into force and be deemed to come into force in accordance with Section34 of the Planning Act, R.S.O. 7990, c. P13, either upon the date of the passage of this by-lawor as otherwise provided by the said section.

PASSED in Open Council on September 30, 2014.

J. BaechlerMayor

Catharine SaundersCity Clerk

First Reading - September 30, 2014Second Reading — September 30, 2014Third Reading - September 30, 2014

16

AMENDMENT TO SCHEDULE “A” (BY-LAW NO. Z.-1)

o 3060 120 180 240— — Meters

1CF11CF2]

File Number: OZ-8373

Planner: CP

Date Prepared: 2014/06/19

Technician: CK

By-Law No: Z.-1

SUBJECT SITE

I :6,200 0Goodsisbase

The ThamesUPPER THAMES RIVER A CanadianHeritage RiverCONSERVATION AUTHORITY

Inspuing a Health)’ Environ,neni

May 22, 2014

The Corporation of the City of LondonPlanning Division206 Dundas StreetLondon, Ontario N6A 4L9

Attention: Chuck Parker (sent via e-mail)

Dear Mr. Parker:

Re: File No. 13 NEI bIOZ-$295 City of London Official Plan/Zoning By-Law Review - Blackfriars/PetersvillcOfficial Plan/Zoning Study

The Upper Thames River Conservation Authority (UTRCA) appreciates the opportunity to review and comment on thecirculated report. We fully support the recommendation that the City of London, in consultation with the UTRCA, theMinistry ofNatural Resources (MNR) and the Ministry of Municipal Affairs and Housing (MMAH), initiate the processto designate WEST LONDON, which is a Candidate Special Policy Area that includes the BlackfriarsfPetersvilleneighbourhood, as a Special Policy Area (SPA) consistent with the Provincial Policy Statement (PPS).

As was conveyed in our comments dated April 15, 2014, the Blackfriars/Petersville neighbourhood is situated in thefloodway of the West London flood Plain and is regulated by the UTRCA in accordance with Ontario Regulation157/06, made pursuant to Section 28 of the Conservation Authorities Act. And while this neighbourhood is protected bythe West London Dyke tip to the 100 year flood elevation, if the dyke was overtopped or failed during a flood event, largeareas of West London would be inundated with up to 3 - 4 metres of flood water. Since 1991, the UTRCA, incooperation with the City of London, has followed a set of interim Policies for this Candidate SPA. Without thesepolicies, all new development in this neighbourhood would be prohibited in accordance with Provincial Policy. TheConservation Authority has concerns regarding the extended period of time over which these interim policies have beenapplied and offers its full support and cooperation to the City to obtain the formal approval of the Flood Plain SPA forWest London.

We understand that the City is leaning towards Option 2: App/v a New R2-2 Special Provision Zone in conjunction withan amended application for an SPA designation. Under this option, existing legal two-unit development would berecognized but any future requests to permit a two unit structure would require a zoning by-law amendment. TheUTRCA anticipates that SPA policies similar to those which are in place for the Coves (please see attached) will likelyapply to an approved West London SPA. Policy 15.6.4.1 iii) stipulates that Appticcttionsfir Official P1cm ctnd/orZoning by—Law ainemidments, plans ofsubdivision cuict consents that would have the effect ofincreasing tite amountor inteitsity of residential ctevetopinent wit!, iii the Special Policy Area wilt not be supported.

1424 Clarke Road. London. Ont. N 5V 5W) Phone: 5 P)45 I .2801) Fax: 5 0.45 1 . I 88 Cmail: nloliiie’athaniesrivcr.onca ww w.llianicsnveron. ca

UTRCA Commentsfile No.13 NEI/OZ-8295

Our concern is that intensification would not be permitted under the current policies and it is anticipated thatintensification would not be permitted under an approved SPA policy. Identifying that intensification coctld possiblyoccur if a zoning by-law amendment were to be submitted would create expectations that could not be realized under thecurrent policy framework and under the anticipated SPA framework.

If there any questions regarding our comments, please contact the undersigned at extension 293.

Yotirs truly,UPPER THAMES RIVER CONSERVATION AUTHORITY

Christine CreightonLand Use PlannerJB/CC/cc

c.c. Sent via e-mail -

UTRCA — Jeff Brick, Co-ordinator of Hydrology & Regulatory Services & Mark Snowsell, Land UseRegulations OfficerMMAH — Bruce Curtis, Manager Community Planning & Development

‘3

UTRCA CommentsFile No.13 NEI/OZ-$295

Excerpt — City of London Official Plan15.6.4.1. Coves Special Policy AreaThe Coves Special Policy Area, identified on Schedule “82” — Natural Resources and Natural Hazards, containsimportant natural features and a viable low density residential neighbourhood that has historically existed within the floodplain of the Thames River. While a berm/dyke structure provides protection up to the Regulatory elevation of the ThamesRiver, there continues to be a potential for flooding from the river, as well as from internal drainage sources in the Covesbasin.

The standard two-zone (floodway-flood fringe) cannot be reasonable applied to development in the area. In order toprovide for the continued viability of the existing community and an appropriate level of flood damage reduction, thecoves is recognized as a Special Policy Area pursuant to Section 3.1. ofthe Provincial Policy Statement. Accordingly, thefollowing special policies will apply in the area:

1) For the purposes of the Coves Special Policy Area:

(a) “Development” shall mean the creation of a new lot, a change in the land use, or the construction ofbuildings or structures, requiring approval under the Planning Act but does not include activities that create ormaintain infrastructure authorized under the environmental assessment process; or works subject to the DrainageAct.

(b) “Essential Emergency Services” shall mean services such as those provided by fire, policy andambulance stations and electrical substations, which would be impaired during an emergency as a result offlooding, the failure of floodproofing measures and/or protection works, and/or erosion.

(c) “Floodproofing” shall mean structural changes and/or adjustments incorporated into the basic designand/or construction or alteration or placement of individual buildings, structures or properties to protectthem from flood damage, or to reduce or eliminate flood damages.

(U) “Hazardous Substances” shall mean substances which, individually, or in combination with other substances,are normally considered to pose a danger to public health, safety and the environment. These substancesgenerally include a wide array of materials that are toxic, ignitable, corrosive, reactive, radioactive orpathological.

(e) “Infilling” shall mean developtnent on previously undeveloped lots, generally bounded by existingdevelopment on adjacent sides.

(0 “Institutional Uses” shall mean those uses, associated with hospitals, nursing homes, pre-schools, schoolnurseries, day care and schools, where there is a threat to the safe evacuation of the sick, the elderly, thephysically challenged or the young during an emergency as a result of flooding, failure of fioodproofingmeasures or protection works, or erosion.

(g) “Regulatory flood Standard” shall mean the level of flooding which has been calculated by the UpperThames River Conservation Acmthority and recognized by the Province, to define the Thames River flood plainlimits for regulatory purposes. The 1937 observed historical event, which represents the equivalent of a one in250 year return flow occurrence, is recognized by the Province as the Regulatory Flood Standard for the UpperThames Watershed. The Regulatory Flood Standard for the Thames River is delineated by the 235.6 metrecontour.

(h) “100-Year Flood Standard” shall mean the level of flooding which has been calculated by the Upper ThamesRiver Conservation Authority for the Thames River flood plain based on an analysis of precipitation, snow melt,

3

UTRCA Cornriieiitsfile No.13 NEI/OZ-8295

or a combination thereof, having a return occurrence of 100 years on average or having a 1% chance of occurringor being exceeded in any given year. The 100-year flood standard for the Thames River is delineated by the234.8 metre contour.

(i) “Coves Flood Standard” shall mean the level of flooding which has been calculated by the Upper ThamesRiver Conservation Authority to define the flood plain limits from internal drainage sources within the Covesbasin, based on a one in 250 year return flow occurrence. The Coves flood standard is delineated by the 232.33metre contour.

G) “Replacement” shall mean removing an existing structure and erecting a new structure.

(k) “Site Alteration” shall mean activities such as fill, grading and excavation, that would change the landformand natural vegetative characteristics of a site.

ii) All development within the Coves Special Policy Area will be encouraged to incorporate fioodproofingto the level ofthe Regulatory flood standard, if possible, and to the level of the 100 year flood standard at a minimum.

iii) Applications for Official Plan and/or Zoning By-law amendments, plans of subdivision and consents that would havethe effect of increasing the amount or intensity of residential development within the Special Policy Area will not besupported.

iv) Applications for Official Plan and/or Zoning By-law amendments that would have the effect of permittinginstitutional uses, essential emergency services or hazardous substances within the Special Policy Area will not besupported.

v) On existing lots of record that are designated and zoned for residential development, minor additions and alterations toexisting structures will be permitted, in accordance with relevant zoning and building guidelines, provided it isfloodproofed to the elevation of the main floor (first floor) of adjacent structures at a minimum, and in no case less thanthe elevation of the coves flood standard.

vi) On existing lots of record that are designated and zoned for residential development, infilling and replacement will beencouraged to incorporate floodproofing to the level of the Regulatory flood standard. Where this level of protectionwould be impractical, obtrusive, or out of context with adjacent development patterns, floodproofing shall be required tothe elevation of the main floor (first floor) or adjacent structures at a minimum, and in no case less than the elevation ofthe Coves flood standard. Basements will not be permitted.

vii) Applications for Official Plan and/or Zoning By-law amendments to permit open space uses will be evaittated on thebasis of relevant policies in the Plan. Development within the Open Space designation will generally be restricted to non-intensive or passive uses that are not susceptible to significant flood damages. Associated structures, uses and parkingareas may only be permitted on lands that are above the elevation of the Coves flood standard.

viii) All infill, replacement, building additions and site alteration activity within the Coves Special Policy Area willcontinue to be regulated under the requirements of the Conservation Authorities Act and this will be denoted on Zoningmaps to increase the awareness of landowners and area residents.

ix) The City of London and Upper Thames River Conservation Authority will continue to co-operate in order to ensurethe ongoing maintenance, repair and servicing of the Thames River dyking system, which provides flood damagereduction to the Coves Special Policy Area.

4

UTRCA CommentsFile No.13 NEI/OZ-8295

x) The City of London, in co-operation with the Upper Thames River Conservation Authority, will maintain, update andenhance the local Flood Contingency Plan on an ongoing basis. The City will support the efforts of the ConservationAuthority to maintain, update and enhance the F lood Warning System Plan, which provides flood forecasting, controland warning services in the watershed area.

(Section 5.6.4.1. added by OPA 438 Dec. 17/09)

5

UPPER THAMES RIVERCONSERVATION AUTHORITY

f I

The Thames 6A Canadian j

Heritage River

• Ili.t/)itIIliZ CI / hi i/i/u Lu l’iuiuflhiucu?i

May 14, 2012

The Corporation of the City of LondonPlanning Division206 Dundas StreetLondon, Ontario N6A 4L9

Attention: Gregg Barrett, Manager of Land Use Planning Policy (sent via e-mail)

Dear Mr. Barrett:

Re: West London Potential Special Policy Area

With the City of London’s Official Plan review process currently underway, the Upper Thames RiverConservation Authority (UTRCA) felt is was timely to approach planning staff regarding the status of theWest London area. As you know, West London is situated below the 100 year flood elevation, within thefloodway of the Thames River. As a result, this community is subject to significant risk with respect topublic health and safety as well as property damage.

Section 3.0 of the Provincial Policy Statement (PPS, 2005) sets out the province’s interests with respect toprotecting public health and safety. While Policy 3.1.2 d) stipulates that development and site alterationshall not be permitted within a floodway, Policy 3.1.3 notes that there are exceptioncit situations, such aSpecial Policy Area that has been approved by the Ministers of Municipal Aflairs and Housing and NaturalResources where development may be considered. A Special Policy Area designation would “provide forthe continued viability of existing uses and address the significant social and economic hardships to thecommunity that would result from strict adherence to provincial policies concerning development”.

It is our recollection that the City initiated the process to have the Province formally recognize West Londonas a Special Policy Area in the late I 990s. It is our understanding that this approval was never secured. As aresult, development review for applications in the West London area continues to be guided by a set ofinterim policies that date back to 1991. The UTRCA is uncomfortable with the extended time frame overwhich these interim polices have been in effect and we are of the opinion that it is time to proceed with theprocess to secure approval of the Special Policy Area. We feel that this issue needs to be addressed with theend result being that the City’s new Official Plan will include formal policies for West London.

In order to assist the City with the process for the formal recognition of West London as a Special PolicyArea, we are providing (please see attached) the Procedures for Approval ofNew Special Policy Areas(SPAs,) and Modifications to Existing SPAs tinder the Provincial Policy Statement, 2005 (PPS, 2005)

124 u hULL <lad. uuiihiiu liii) N<\ 5j)o) I’luiiuue I’) 451 250)1 Ia 511) 451 I 158 Iiiiail uiiIoh0u4Iu1mle.nm.r(nuca wwwtIiauuisrivri,uuca

Candidate West London SPA

Policy 3.1.3 Natural Hazards Special Policy Areas which are found in Appendix 5 of the Technical Guide —

River and Stream Systems: Flooding Hazard Limit (January 2009) prepared by the Ministry of NaturalResources. This document replaces the 2002 version and sets out the step by step procedure that themunicipality must undertake in order to have a new special policy area approved.

Authority Staff would be pleased to assist the City with this process. If you have any questions, pleasecontact the undersigned at extension 293.

Yours truly,UPPER THAMES RIVER CONSERVATION AUTHORITY

Christine CreightonLand Use PlannerCC/cc

Attachment:

Procedures for Approval ofNew Special Policy Areas fSPAs) and Modifications to Existing SPAs tindertite Provincial Policy Statemeitt, 2005 (PPS, 2005) Policy 3.1.3 Natural Hazards Special Policy Areas(Appendix 5 of the Technical Guide — River and Stream Systems: Flooding Hazard Limit, January, 2009,prepared by the Ministry of Natural Resources)

c.c. Ministry of Municipal Affairs & Housing — Craig Cooper (sent via e-mail)

2

‘I‘b% O 300 Duftoriri Avonun1

P.O. Box 5035London. ONNOA4I

LondonCANADA

July 31, 2014

C. ParkerSenior Planner

Re: BlackfriarslPetersville Official Plan and Zoning Study

At its meeting held on June 11 2014, the London Advisory Committee on Heritage (LACH) reviewed andreceived the attached Planning and Policy Sub-Committee minutes from its June 11,2014 meeting, andheld a general discussion with respect to the BlackfriarslPetersville Official Plan and Zoning Study; it beingnoted that the LACH asked that C. Parker, Senior Planner. be advised that the LACH recommends the useof Option #4 which further regulates the form of development and as outlined in Report OZ-8295, regardingthe potential Planning Act controls as an effective means to ensure the preservation of heritage attributeswithin the Blackfriars/Petersville neighbourhood. (5/ZILACH)

Betty MercierCommittee Secretary

Cc: J. Yanchula, Manager, Urban RegenerationD Menard Heritage Planner

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The Corporation of the City of LondonOffice: 519-661-2500 ext. 0835Fax: 519-661-4892www.london.ca