planning justification report · 2019-07-15 · planning justification report february 2019 800,...

PLANNING JUSTIFICATION REPORT ZONING BY-LAW AMENDMENT APPLICATION 800, 805, 810 Chelton Road City of London Date:

February 2019 Prepared for:

Ironstone Building Company Inc. Prepared by: MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC) 630 Colborne Street, Suite 202 London ON N6B 2V2 T: 519 858 2797 x223 F: 519 858 2920 Our File: 1861’A’

Table of Contents 1.0 Introduction ................................................................................................................................ 1

1.1 Report Framework ............................................................................................................................................................ 2

1.2 Planning Applications .................................................................................................................................................... 3

2.0 Location, Site Description & Surrounding Land Uses ......................................................... 4

2.1 Site Description .................................................................................................................................................................. 4

2.2 Surrounding Land Uses ................................................................................................................................................. 5

3.0 Description of Proposal ............................................................................................................ 7

3.1 Conceptual Site Plan ....................................................................................................................................................... 7

3.2 Design Considerations ................................................................................................................................................... 8

4.0 Policy Analysis ......................................................................................................................... 10

4.1 Provincial Policy Statement ...................................................................................................................................... 10

4.2 City of London Official Plan (Current Official Plan) .................................................................................... 16

Overview ................................................................................................................................................................... 16 4.2.1

Existing Designation (Multi-Family, High Density Residential’ and ‘Community 4.2.2Commercial Node’) ................................................................................................................................................................. 17

Planning Analysis: Applicable Policies .................................................................................................... 17 4.2.3

Chapter 2 - Planning Framework ............................................................................................................... 17 4.2.4

Chapter 3- Residential Development ...................................................................................................... 19 4.2.5

Chapter 4 – Commercial Land use Designations ............................................................................. 23 4.2.6

Chapter 11 – Urban Design Objectives .................................................................................................. 23 4.2.7

Chapter 8 – Open Space Land Use Designation .............................................................................. 24 4.2.8

Chapter 15 – Environmental Policies ....................................................................................................... 24 4.2.9

Summation .............................................................................................................................................................. 25 4.2.10

4.3 New City of London Official Plan (The London Plan) ............................................................................... 25

Status ........................................................................................................................................................................... 25 4.3.1

Neighbourhoods Place Type ........................................................................................................................ 25 4.3.2

Shopping Area Place Type ............................................................................................................................. 27 4.3.3

Type 2 Bonus Zoning ........................................................................................................................................ 27 4.3.4

Conclusion ............................................................................................................................................................... 28 4.3.5

5.0 City of London Zoning By-law Z.-1 ...................................................................................... 29

5.1 Existing Zoning ................................................................................................................................................................ 29

5.2 Proposed Zoning ............................................................................................................................................................ 29

R5-7 Zone ................................................................................................................................................................. 30 5.2.1

R9-7 Zone ................................................................................................................................................................. 30 5.2.2

OS5 Zone .................................................................................................................................................................. 33 5.2.3

6.0 Conclusion ................................................................................................................................ 34

List of Figures Figure 1 Subject Lands………………………………………………………...Page 5 Figure 2 Context Map………………………………………………….....After Page 5 Figure 3 Conceptual Site Plan………………………………………….....After Page 7 Figure 4 Current Official Plan Designations……………………………..After Page 17 Figure 5 The London Plan…………………………………………….....After Page 25 Figure 6 High Density Residential Overlay……………………………....After Page 25 Figure 7 Existing Zoning………………………………………………..After Page 29 Figure 8 Proposed Zoning……………………………………………....After 0

List of Tables Table 1.0 Required Planning Applications……………………………...….……Page 3 Table 2.0 Consistency with Provincial Policy Statement………………………Page 10 Table 3.0 Analysis of Proposed R5-7 Zoning (Blocks 150, 151, 152)….………...Page 30 Table 4.0 Analysis of Proposed R9-7 Zoning (Blocks 150, 151, 152)………..........Page 31

Planning Justification Report February 2019 800, 805, and 810 Chelton Road, London ON Page 1

1.0 Introduction

MHBC has been retained by Ironstone Building Company Inc. (Ironstone) to assist with an application to amend the City of London Zoning By-Law Z.-1 (Zoning By-Law) in support of a residential development proposal for lands located at 800, 805, 810 Chelton Road. These properties (the “subject lands”) measure approximately 7.52 hectares (18.43 acres) in area, and are situated on the east and west sides of the Chelton Road right-of-way, north of Bradley Avenue. These vacant lands are located in Southeast London and form part of the Jackson Planning District. Orchard Design Studio Inc. (Orchard) has prepared a Conceptual Site Plan to support the development of this property for medium- and high-density residential purposes. The key components of this proposal are as follows:

A 342 unit development on Blocks 151 and 152; o Development will be comprised of four 6 storey apartments along Bradley

Avenue, two, three (3) storey apartments in the northern portion of the site, and two, three (3) storey townhouses on the western portion of the site;

o The proposal will yield a residential density of 144.3 units/ha for the apartment portion and 50.16 units/ha for the townhouse portion;

A 288 unit development on Block 150; o Development will be comprised of 200 apartment units in two, five (5) storey

apartments, and two, four (4) storey apartments along Bradley Avenue, as well as 88 townhouse units in the northern portion of the site;

o The proposal will yield a residential density of 99 units/ha for the apartment portion and 40.74 units/ha for the townhouse portion;

Enhanced building design and landscaping features; Outdoor amenity space incorporating:

o An amenity area internal to Block 150; o A trail along northern perimeter of Blocks 151, and 152 adjacent to woodlot; o A trail extending north-south through the centre of Block 150;

Parking structure internal to the site on Block 151; and Three points of vehicular access to the surrounding road network providing

ingress/egress from Meadowgate Boulevard, Chelton Road, and Arran Place;

Ironstone is submitting the ZBA application to facilitate implementation of the Conceptual Site Plan for these properties. The planning merits of the proposal are evaluated in detail within this Report and summarized below:


The subject lands are adjacent to an established, functioning residential neighbourhood which is supported by a range of public/private services and municipal infrastructure;

The proposal supports the development of lands designated in the Official Plan for residential

purposes which are situated in the vicinity of an existing low density residential development, institutional uses (e.g., Saint-Jean-de-Brebeuf Catholic Elementary School, and Gabriel-Dumont Secondary School), and public open space area (e.g., Meadowgate Park);

The property is well-suited for the intended apartment and townhouse uses considering its

physical size/shape, its location adjacent to an arterial street and its proximity to existing public transit services;

The proposal introduces greater housing choice within an established neighbourhood

comprised of predominately single detached residences; The massing, orientation and articulation of the apartment buildings is designed (1) to be

sensitive to the established neighbourhood character and (2) to integrate effectively into the existing development context. In this regard, building height and massing transitions from a six storey form along the Bradley Avenue frontage to a three storey form internal to the site; and

The proposed development will help urbanize the Bradley Avenue and the Chelton Road

corridors through the addition of low- and mid-rise buildings providing a mix of residential units.

1.1 Report Framework This Planning Justification Report includes a detailed description of the subject lands, the existing policy framework and the rationale for the ZBA application. The Report has been prepared for submission to the City of London and includes the following primary components: An introduction and general description of the subject lands, surrounding uses and existing

conditions to provide an understanding of the locational context; A summary of the Conceptual Site Plan for the subject lands, including an overview of the

core design elements associated with the development proposal;

A review of the planning permissions applicable to the subject lands; An assessment of the proposal relative to (1) the policy framework of the Provincial Policy

Statement and the City’s Official Plan and (2) the development regulations of the City’s Zoning By-law.


As part of this planning analysis, the following documents were reviewed: 2014 Provincial Policy Statement (PPS); City of London Official Plan (1989); City of London Official Plan (‘The London Plan’); and City of London Zoning By-law Z-1.

1.2 Planning Applications Our analysis has confirmed that the following applications are required to permit the proposed residential development:

Table 1.0 – Required Planning Applications Application Approval Authority

Zone Change Amendment to change the zoning from Community Shopping Area 3 (CSA3), Associated Shopping Area Commercial 1, 2, and 3 (ASA 1, 2, and 3), Residential 6 (R6-5), and Residential 9 (R9-3) to a Residential 5 (R5-7) Special Provision, Residential 9 (R9-7) Special Provision, and Open Space 5 (OS5) Zone.

City of London

Site Plan (future application)

City of London

A ‘Pre-Application Consultation’ meeting was held on October 24, 2017 to review the submission requirements for the development concept. As set out in the associated ‘Record of Pre-Application Consultation’, the following plans and reports are required in support of the ZBA application: Planning Justification Report; A Master Plan; Urban Design Brief; Addendum to the Environmental Impact Assessment; Noise Assessment; Sanitary Capacity Analysis; Archaeological Assessment, or copy of Archaeological Clearance Letter from the MTCS; and Heritage Impact Assessment. The required material is enclosed with the ZBA application submitted for this proposal.


2.0 Location, Site Description & Surrounding Land Uses

2.1 Site Description The subject lands are located on the north side of Bradley Avenue to the east of Highbury Avenue South in the City’s Jackson Planning District. The subject lands are comprised of the properties known municipally as 800, 805, and 810 Chelton Road and are generally described as Part of Lot 14, 15, and 16, Concession 1. Further, these properties are situated within the Draft Plan of Subdivision 39T-92020-13A and encompass Blocks 150, 151, and 152, respectively (refer to Figure 1). The lands are currently vacant. For the purposes of this application, Blocks 151 and 152 will be considered one development block, and Block 150 will be considered a separate development block. Block 150 is generally rectangular in shape and has a total frontage of 238.24 m along Bradley Avenue, a maximum depth of approximately 165.98 m and a total area of 4.18 ha. Blocks 151 and 152 are irregular in shape with a total frontage of 385.46 m along Bradley Avenue, a maximum depth of approximately 92.73 m, and a total area of 3.35 ha. Collectively the subject lands comprise an area of approximately 7.52 ha. Block 150 is bound by Meadowgate Boulevard to the east, Bradley Avenue to the south, and the future Chelton Road extension to the west. Blocks 151 and 152 are bound by the future Chelton Road extension to the east and Bradley Avenue to the south. Block 152 will be connected to Block 151, and borders Arran Place at the southwestern corner.


Figure 1: Subject Lands

2.2 Surrounding Land Uses Figure 2 illustrates the surrounding context. The subject lands are located adjacent to low density residential development immediately to the northeast. To the north is vacant land associated with future Plans of Subdivision developments (39T-9202E, O, and D). A woodlot is located immediately to the north and northwest. Immediately to the west are vacant residential lands, with the Highbury Avenue interchange located further to the west. The lands to the east are vacant development lands associated with Plans of Subdivision 39T-07508, and 39T-06507. A commercial supply building is located between these two Plans of Subdivision. To the northeast is the Gabriel-Dumont Secondary School, and Meadowgate Park. Immediately to the south is the Bradley Avenue corridor. The lands south of Bradley Avenue are predominately characterized by agricultural uses including field crops, and associated residential and outbuildings.

Block 150Block 151

Block 152

39T-92020E 39T-92020

39T-07508


The following summarizes the land uses surrounding the subject lands: NORTH: Planned future phases of Draft Plan 39T-9202A-13A, including the extension of

Chelton Road south to Bradley Avenue; Woodlot; EAST: Vacant development lands associated with Plans of Subdivision illustrated on

Figure 1; SOUTH: Bradley Avenue corridor; Agricultural lands; and WEST: Vacant lands; Woodlot; Highbury Avenue corridor.


3.0 Description of Proposal

3.1 Conceptual Site Plan The proposed development includes two distinct sites, separated by the Chelton Road right-of-way. Both sites have considerable frontage along Bradley Avenue to the south. The eastern site (Block 150) directly abuts existing and planned residential development to the north. The westerly site (Blocks 151 and 152) abuts a woodlot to the north. The preliminary design for the two sites is described as follows: Several buildings ranging from three to six storeys in height; Townhouse development directed to areas adjacent to planned or existing low-rise

residential (i.e. north and east of the eastern site); Low- and mid-rise apartments (six storeys on Blocks 151 and 152, and four and five storeys on

Block 150) to provide a strong street edge along Bradley Avenue; Parking areas located internal to the sites where possible; A parking deck on the western site to reduce surface parking area; Private amenity areas proposed and connected by trails / walkways and the internal sidewalk

system; Trail system traversing the northern perimeter of the western site adjacent to woodlot, and

extending through the centre of the eastern site (running north-south through amenity areas);

Transition of heights with highest building heights generally located furthest from low-rise residential development to the north; and

Ecological buffer to protect natural heritage features.

The Conceptual Site Plan is shown in Figure 3.


3.2 Design Considerations The following discussion outlines several design elements integrated into the proposed Conceptual Site Plan. Additional design details are presented in the Urban Design Brief prepared in support of the ZBA application. Building Form, Massing and Articulation - The proposed development includes mid-rise apartments and low-rise townhouses. Building elevations and floor plans will be refined at the future Site Plan Approval (SPA) stage. Apartment buildings have been designed to address the street and will include pedestrian entrances from the surrounding public sidewalk. Additionally, the apartment forms have been positioned to frame the intersections and have been designed with connections to the proposed trail system. The back-to-back townhouse dwellings will also face the surrounding public streets. The massing of all proposed buildings has been designed to create a comfortable pedestrian environment, which will be further enhanced through the provision of private amenity space, including a connected walkway/trail system. In particular, the mass of the low- and mid-rise apartments has been broken up using a number of massing techniques including: projections and recessions; changes in building materials/ colours; and the incorporation of varying window sizes. Architectural Treatment - Building designs and architectural elements will be incorporated to add variety to the community. In this respect, all building façades will be articulated with particular attention to building elevations visible from the surrounding public realm. No blank walls are proposed. Articulation of larger buildings will be designed with elements that create a rhythm along the streetscape. High quality materials including a large amount of glass will be incorporated into the building facades, resulting in an attractive modern design. Repetition of lines and windows through both vertical and horizontal articulations and setbacks will be used to further break up building mass. Character and Image - The proposed development will assist in the gradual urbanization of Bradley Avenue and the Chelton Road extension through the addition of low- and mid-rise buildings providing a mix of residential units. The building design addresses the surrounding public streets to help establish, and support, a strong urban street edge along these developing road corridors. Accordingly, this proposal is intended to set a positive example that will help encourage an attractive and vibrant streetscape over the longer term. Public Realm / Pedestrian Environment - The proposed development has been designed with the overall intent of integrating the built form into the existing streetscape in a way that reinforces the public realm at the pedestrian level. Landscaping will define the private realm from


the public realm along the street edges. Large windows and the use of back-to-back townhouse buildings create active street frontages. The combination of building materials adds a mixture of details to animate the public realm along the sidewalk. Pedestrian movement through the site will be facilitated by internal sidewalks and walkways. Walkway connections will be provided from each building to the surrounding public sidewalk, providing a direct pedestrian connection to the street. As noted, the walkway system will run along the northern perimeter of the western site, and through the middle of the easterly site running north-south. The walkway and trail system will provide connections to surrounding areas. New street trees will be planted along the street edges. Low shrub plantings will be incorporated along pedestrian walkways along with plantings in front of the proposed townhouse units. Any surface parking areas adjacent to public streets will be buffered through the use of landscaping.


4.0 Policy Analysis

4.1 Provincial Policy Statement The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land in Ontario. The 2014 PPS was issued under the authority of Section 3 of the Planning Act and came into effect on April 30, 2014, without transitional provisions. Accordingly, the 2014 PPS applies to all applications, matters or proceedings commenced on or after the effective date. Section 3(5) of the Planning Act requires that all decisions affecting planning matters ‘shall be consistent with’ policy statements issued under the Act. Table 3.0 demonstrates how the proposed Official Plan and Zoning By-law Amendments are consistent with the provisions of the 2014 PPS.

Table 2.0 – Consistency with Provincial Policy Statement PPS Policy Response 1.1.1 Healthy, livable and safe communities are sustained by:

a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term;

b) accommodating an appropriate range and mix of residential (including second units, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreational, open space and other uses to meet long-term needs;

c) avoiding development and land use patterns which may cause

This residential development will support the long term financial well-being of the Province of Ontario and the City of London in the form of increased property tax assessment. Economic benefits will also be derived from construction of the project. The planned development represents an efficient land use pattern. In this respect, the subject lands are designated for residential development and are in proximity to a mix of housing densities, retail and service commercial establishments, institutional activities and open space. The subject lands are located adjacent to an established neighbourhood that is comprised of predominately single detached dwellings. Implementation of this proposal will broaden the range and mix of housing available in the


PPS Policy Response environmental or public health and safety concerns;

e) promoting cost-effective development patterns and standards to minimize land consumption and servicing costs;

g) ensuring that necessary infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities are or will be available to meet current and projected needs.

Jackson Planning District. This residential project should not result in environmental or public health and safety concerns. A Scoped Environmental Impact Study (EIS) was completed by BioLogic to define a buffer adjacent to the woodlot next to Block 151 and 152 to protect this feature. The scoped EIS will be submitted in support of the ZBA application. Servicing reviews have been completed by Development Engineering to ensure that the development can proceed in a cost-effective manner, and to confirm that necessary servicing infrastructure will be available to meet projected needs. These servicing studies will also be submitted as part of the ZBA application. It is anticipated that existing public service facilities will accommodate the anticipated demands of this development.

1.1.2 Sufficient land shall be made available to accommodate an appropriate range and mix of housing to meet projected needs for a time horizon of up to 20 years. However, where an alternative time period has been established for specific areas of the Province as a result of a provincial planning exercise or a provincial plan, that time frame may be used for municipalities within the area.

This proposal will support the intensification of a property within the City’s Urban Growth Boundary (UGB) that is designated for medium-density residential uses and is currently vacant. Development of medium and high density housing forms on the subject lands will help diversify housing opportunities available locally, while also helping the City to meet forecasted housing needs.

1.1.3.1 Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted.

The subject lands are situated within the UGB and are therefore considered part of a Settlement Area, as defined by the PPS.

1.1.3.2 Land use patterns within settlement areas shall be based on:

a) densities and a mix of land uses which:

As discussed, the subject lands are within the defined UGB and development of this property will promote (1) a broader range of housing types in the local community and (2)


PPS Policy Response 1. efficiently use land and

resources; 2. are appropriate for and

efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion;

3. minimize negative impacts to air quality and climate change and promote energy efficiency;

4. support active transportation; 5. are transit-supportive, where

transit is planned, exists or may be developed;

an efficient use of these residential lands. Servicing assessments also indicate that adequate municipal infrastructure is available to accommodate the development intended for the subject lands. Future residents of this development will support existing public service programs and facilities within London. Where practical and appropriate, the project will incorporate sustainable development principles to help minimize environmental impacts. The proposed site layout integrates with existing public facilities, including sidewalks, in the surrounding neighbourhoods to encourage active transportation. The subject lands are also located within close proximity to LTC bus routes with transit stops located to the north of the subject lands along Darnley Boulevard.

1.4.3 Planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by:

c) directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs;

d) promoting densities for new housing which efficiently use land, resources, infrastructure, and public services facilities, and support the use of active transportation and transit in areas where it exists or is to be developed;

Servicing studies have been completed which indicate that servicing infrastructure is available to meet projected needs. Additionally, it is anticipated that existing public service facilities will accommodate the projected demands of this development. The Conceptual Site Plan provides an opportunity to diversify housing choice by introducing medium and high density residential forms adjacent to a neighbourhood comprised of predominately single detached residences. The planned development will utilize existing vacant land and servicing resources in an efficient manner and will be supported by the road system, the active transportation network and transit services.


PPS Policy Response 1.5.1 Healthy, active communities should be promoted by:

a) Planning public streets, spaces and facilities to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity.

The proposed internal circulation system incorporates an internal walkway system that will provide pedestrian connections to the future Chelton Road extension and surrounding neighbourhoods. Provisions made for walking and biking opportunities encourage active transportation. Further, proximity of the subject lands to existing residential, institutional centres, parks and public transit promotes community connectivity.

1.6.1 Infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities shall be provided in a coordinated, efficient and cost effective manner that considers impacts from climate change while accommodating projected needs.

Servicing reviews have been completed to confirm that the development can proceed in a cost-effective manner, and to ensure that necessary infrastructure will be available to meet projected needs. As discussed, it is anticipated that the development can be accommodated by existing public service facilities.

1.6.3 Before consideration is given to developing new infrastructure and public service facilities:

a) the use of existing infrastructure and public service facilities should be optimized

Developing the subject lands, which are currently vacant, for residential uses will support, and help optimize, existing infrastructure and public service facilities.

1.6.7.1 Transportation systems should be provided which are safe, energy efficient, facilitate the movement of people and goods and are appropriate to address projected needs. 1.6.7.2 Efficient use shall be made of existing and planned infrastructure, including through the use of transportation demand strategies, where feasible. 16.7.3 As part of a multimodal transportation system, connectivity within and among transportation systems and

The subject lands are located within a short walking distance of existing LTC transit services with bus routes in operation along the Darnley Boulevard, Lighthouse Road and Commissioners Road corridors to the north of the subject lands. The LTC transfer system provides connectivity throughout the City and to regional transportation facilities (e.g., London International Airport, VIA Rail Station, Greyhound Bus Terminal). The close proximity of the subject lands to a secondary and elementary school and neighbourhood parks will help to minimize the length and frequency of vehicle trips required for future residents. Convenient


PPS Policy Response modes should be maintained and, where possible, improved including connections which cross jurisdictional boundaries. 1.6.7.4 A land use pattern, density and mix of uses should be promoted that minimize the length and number of vehicle trips and support current and future use of transit and active transportation.

access to public transit, and the City’s trail network will provide for alternative active transportation modes for residents. Developing the subject lands for residential uses will also support existing and future investments in public transit.

1.7.1 Long term economic prosperity should be supported by:

b) optimizing the long-term availability and use of land, resources, infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities;

The subject lands are located adjacent to a low density residential neighbourhood which is supported by arterial road transportation networks, transit services and public facilities. This development project will help to (1) optimize the use of the site for residential purposes and (2) diversify housing choice in the Jackson Planning District.

1.8.1 Planning authorities shall support energy conservation and efficiency, improved air quality, reduced greenhouse gas emissions, and climate change adaptation through land use and development patterns which:

a) promote compact form and a structure of nodes and corridors;

b) promote the use of active transportation and transit in and between residential, employment (including commercial and industrial) and institutional uses and other areas;

e) improve the mix of employment and housing uses to shorten commute journeys and decrease transportation congestion;

The proposal supports more intensive residential development utilizing a compact design which has regard for, and complements, the local development context. Project development would promote the intensification of a large residential development area situated along an arterial road corridor. The project site is also connected via active transportation and nearby public transit facilities to neighbouring residential communities, regional and community commercial nodes, major public institutions and nearby parks. Introduction of a multiple-unit residential form at this location would diversify the local housing inventory and intensify the residential use of the subject lands (which will support increased transit ridership). The close proximity of the subject lands to the above-noted mix of land uses will also help to reduce commuting requirements.


PPS Policy Response 2.1.1 Natural Features and areas shall be protected for the long term.

The woodlot adjacent to the subject lands to the northwest will be protected by a buffer, which will be zoned Open Space 5 (OS5) (as recommended by BioLogic in the Scoped EIS prepared in support of the application).

2.4.1 Minerals and petroleum resources shall be protected for long-term use.

The subject lands do not contain any known mineral or petroleum resources.

2.5.1 Mineral aggregate resources shall be protected for long-term use and, where provincial information is available, deposits of mineral aggregate resources shall be identified.

The subject lands do not contain any known mineral aggregate resources.

2.6.1 Significant built heritage resources and significant cultural heritage landscapes shall be conserved.

The subject lands do not contain any known significant built heritage resources or cultural heritage landscapes.

2.6.2 Development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved.

The subject lands do not contain any known archaeological resources or areas of archaeological potential as determined through a Stage 3 Archaeological Assessment that was completed for the Draft Plan of Subdivision process respecting the subject lands.

The 2014 Provincial Policy Statement seeks to achieve healthy, livable and safe communities by promoting efficient development and land use patterns. Given the foregoing assessment, in our opinion the proposal is consistent with this broad vision. In this regard, the intended use of the land: Represents an efficient development as it supports a compact, intensive urban form on lands

designated for high-density residential purposes and located in the vicinity of prominent public institutions, recreational and open space uses and a mix of residential development;

Proposes residential uses that have regard for the established neighbourhood character, is compatible with the existing development context, provides a pedestrian orientation, encourages active transportation and is within close proximity of the arterial road network and transit services;

Introduces a range of residential types to help broaden multiple-unit housing choice for

current and future residents within the Jackson Planning District, and to help the City accommodate its land use projections for this planning area;


Integrates multiple-unit housing and complementary uses that, collectively, would support

the Conceptual Site Plan discussed in this Report. The proposal would also help to promote neighbourhood stability by diversifying the housing choice available in this area (to better accommodate the changing needs of local residents over the long-term);

Promotes a scale of residential development that would help to (1) optimize municipal

investments in servicing infrastructure and public transit, and (2) generate substantial tax revenues to benefit the financial well-being of the Province and the City; and

Would not involve development on lands having known significant environmental, cultural heritage, mineral aggregate or petroleum resources.

In light of these considerations and our broader evaluation of this proposal relative to the PPS, it is our opinion that the proposed development satisfies, and is consistent with, the policies of the PPS.

4.2 City of London Official Plan (Current Official Plan)

Overview 4.2.1 Policy 4.7 of the PPS states that Official Plans are the most important vehicle for implementation of the Provincial Policy Statement. It is further stated that Official Plans shall identify provincial interests and set out appropriate land use designations and policies. Accordingly, this proposal has been assessed relative to the applicable policies set out by the City of London Official Plan framework, which includes the City’s current Official Plan (1989), and new Official Plan (The London Plan). The 1989 City of London Official Plan was adopted by Council in June 1989. A comprehensive five year update of the Official Plan was carried out during the period of 2006 to 2009. This review process concluded with the approval of OPA 438 by the Minister of Municipal Affairs and Housing, with modifications, on December 17, 2009. Certain policies incorporated into the update were referred to the Ontario Municipal Board (OMB); however, these appeals were subsequently resolved. Section 1.2 of the current Official Plan states that, “The Official Plan for the City of London contains City Council’s objectives and policies to guide the short-term and long-term physical development of all lands within the boundary of the municipality.” Policies defined within the Official Plan provide direction on a range of planning considerations, such as growth management, urban form, urban design and public consultation, in order to promote the physical development of a healthy, sustainable community.


Existing Designation (Multi-Family, High Density Residential’ and ‘Community 4.2.2Commercial Node’)

Figure 4 illustrates that pursuant to Schedule ‘A’ (Land Use) of the 1989 Official Plan Block152 is predominately designated Multi-Family, High Density Residential and Blocks 150 and 151 are predominately designated Community Commercial Node. In addition, the Open Space designation is applied to a portion of land in the northwest corner of Block 152 and the northern perimeter of Block 150.

Planning Analysis: Applicable Policies 4.2.3 Chapter 2 (Planning Framework), Chapter 3 (Residential Land Use Designations), Chapter 4 (Commercial Land Use Designations) and Chapter 11 (Urban Design Principles), of the 1989 Official Plan include policies applicable to this development proposal; with specific provisions related to high density residential development set out in Sections 3.1. and 3.4. Additionally, Chapter 8 (Open Space Land Use Designations), and Chapter 15 (Environmental Policies) of this Official Plan address land use activities applying to the open space component of the project. The following discussion (1) summarizes, in our opinion, the core Official Plan policies respecting this proposal and (2) evaluates the merits of this project relative to this policy framework.

Chapter 2 - Planning Framework 4.2.4 Section 2.3 of the Official Plan contains a number of guiding statements that reflect the objectives and policies contained in the Plan. The principles provided under this section having relevance to this proposal are outlined and discussed below. “ii) Land use planning should promote compatibility among land uses in terms of scale, intensity

of use and potentially related impacts.”

The layout and scale of the Conceptual Site Plan has been designed with regard for the local development context, which includes a future townhouse cluster immediately north of the subject lands and low density residential further to the north and northeast. Several design elements are incorporated into the development proposal to promote compatibility with these surrounding uses, including: Orienting the building massing to create a comfortable and engaging pedestrian

environment that is compatible with surrounding lands uses and the broader development context;

Transitioning the height of the proposed buildings from six storeys along Bradley Avenue, to three storeys in the northern portion of the development adjacent to a future townhouse development immediately to the north; and


Screening at-grade parking to minimize the visual impact of parking facilities from the street. “vii) Land use planning should promote attractive, functional and accessible site and building

design which is sensitive to the scale and character of surrounding uses.” The proposed building design and site layout provide a highly functional and accessible development that has regard for the scale and character of existing and planned uses in the immediate area, including existing and planned Plans of Subdivision. Section 2.4.1. of the current Official Plan describes a number of policies that are intended to guide the City’s structure over the life of the Plan. Policies with particular importance to this proposal are discussed below: “vi) High and medium density residential development shall be directed to appropriate areas

within and adjacent to the Downtown, near the periphery of Regional and Community Shopping Areas, and in selected locations along major roads specifically along transit nodes and corridors as identified in Chapter 18, and near Open Space designations. …. It is Council's intent that on large parcels of land within the Multi-Family, High Density Residential designation, a mix of housing types, building heights and densities will be developed.”

The project would introduce medium and high density residential uses on lands: designated for this purpose; fronting an arterial road; and located within walking distance of Meadowgate Park and local schools. Given these considerations and further commentary provided in this Report, in our opinion the subject lands are an appropriate location for the proposed medium and high density residential development. “ix) While it is recognized that there may be redevelopment, infill, and intensification in some

established residential neighbourhoods, higher intensity land uses will be directed to locations where the character of the residential area is enhanced and existing land uses are not adversely affected.”

Commentary and plans presented in this Report demonstrate that the proposal has been designed with sensitivity to the local development setting. In particular, design components described in Section 3.2 of this Report are intended to help the project integrate into the Jackson Planning District. As noted, the development is intended to assist in the gradual urbanization of Bradley Avenue and the Chelton Road extension through the addition of low- and mid-rise buildings providing a mix of residential units. Further, the building designs address the surrounding public streets to help support a strong urban edge along the street frontages. “xviii) Within the boundaries of the City, as they exist over the planning period, the planning and

servicing of land to meet residential, commercial and industrial development requirements shall incorporate a reasonable allowance for choice according to location, site area, servicing affordability and other criteria.”


As discussed, the proposal would accommodate low- and mid-rise apartments and three storey townhouse forms. The conceptual design for Blocks 151/152 yields 342 units within a total development area of 2.53 ha (equating to a residential density of 135 units/ha). The conceptual plan for Block 150 would yield approximately 288 units on Block 150 within a development area of 4.17 ha (equating to a density of 69 units/ha). Collectively, the development of these blocks would promote greater housing choice in the Jackson Planning District in terms of tenure, and affordability.

Chapter 3- Residential Development 4.2.5 4.2.5.1 General Objectives for All Designations Section 3.1. of the current Official Plan provides policy goals and objectives for all residential land use designations. Section 3.1.1. lists overall planning objectives for lands designated Low Density Residential, Multi-Family, Medium Density Residential and Multi-Family, High Density Residential, which include: “i) Provide for a supply of residential land that is sufficient to accommodate the anticipated

demand for a broad range of new dwelling types over the planning period;” The subject lands, which measure approximately 7.52 ha in area, are planned for high density residential purposes in accordance with the permissions of the Multi-Family, High Density Residential and Community Commercial Node designations discussed in this Report. The low- and mid-rise apartments and townhouses proposed for these lands would help the City accommodate multiple-unit housing demand in the Jackson Planning District and, more broadly Southeast London. “ii) Support the provision of a choice of dwelling types according to location, size, affordability,

tenure, design, and accessibility so that a broad range of housing requirements are satisfied;” As discussed, the mix of unit types intended for the subject lands would help broaden housing choice in Southeast London in relation to dwelling type, location, design and accessibility. “iii) Support the distribution of a choice of dwelling types by designating lands for a range of

densities and structural types throughout the City;”

The proposal supports intensive residential development on lands that are designated for high density residential uses. The subject lands are located in close proximity to lands designated for a variety of low, and medium density housing types. In effect, the range of dwelling units integrated into this design would help to diversify housing choice in the Jackson Planning District, as noted above.


“v) Direct the expansion of residential development into appropriate areas according to availability of municipal services, soil conditions, topographic features, environmental constraints; and in a form which can be integrated with established land use patterns;”

Technical studies have been completed in conjunction with this proposal to confirm that the physical characteristics of the subject lands are suitable for the intended development and municipal services are available to accommodate the scale of the proposal. “vii) Minimize the potential for land use compatibility problems which may result from an

inappropriate mix of: low, medium and high density housing; higher intensity residential uses with other residential housing; or residential and non-residential uses;”

The Conceptual Site Plan has been designed in a comprehensive manner and with consideration for the compatibility between the proposed development and neighbouring land uses (existing and planned). In particular, the design transitions building height from mid-rise apartments positioned along Bradley Avenue, to the low-rise townhouses in the northern portion of the site (positioned adjacent to a future townhouse development to the north). “viii) Support the provision of services and amenities that enhance the quality of the residential

environment;”

The proposed development enhances the existing active trail network by providing a continuous connection between the subject lands, Meadowgate Park, and the completion of a pedestrian linkage running parallel to Bradley Avenue. The future pedestrian trails on the subject lands would provide a continuous active linkage between the residential subdivision to the north, and any future sidewalks and transit expansions on Bradley Avenue. “x) Promote residential development that makes efficient use of land and services. “ The proposed development would accommodate a variety of residential unit configurations within a variety of low- and mid-rise apartments and townhouses. Collectively, this design concept would permit land and services to be utilized in an efficient manner. 4.2.5.2 General Objectives: Multi-Family, High Density Residential Designation Section 3.1.4. details the general objectives for Multi-Family, High Density Residential developments: “i) Support the development of multi-family, high density residential uses at locations which

enhance the character and amenity of a residential area and where arterial streets, public


transit, shopping facilities, public open space, and recreational facilities are easily accessible; and where there are adequate municipal services to accommodate the development; “

The development site achieves the noted prerequisites, given that the subject lands are situated in an area planned for high density residential forms which is also adjacent to the arterial road network and supported by services including parks, schools and public transit.

“iii) Promote, in the design of multi-family, high density residential developments, sensitivity to

the scale and character of adjacent land uses and to desirable natural features on, or in close proximity to, the site. “

As discussed in this Report, the Conceptual Site Plan provides a building scale and articulation that has regard for the existing and planned development context. Further, the proposed building form and site layout promotes compatibility with nearby land uses including the planned townhouse development to the north of subject lands, and low density development to the north and east of these lands. 4.2.5.3 Permitted Uses: Multi-Family, High Density Residential Designation Section 3.4.1. defines the permitted uses for the Multi-Family, High Density Residential designation. Permitted uses include:

“… low-rise and high-rise apartment buildings; apartment hotels; multiple-attached dwellings; emergency care facilities; nursing home; rest homes; homes for the aged; and rooming and boarding houses. …”

In our opinion, the apartments and townhouses proposed for the subject lands are consistent with the permitted uses of this designation. 4.2.5.4 Built Form Policies: Multi-Family, High Density Residential Designation The preamble to Section 3.4.3. provides general policy statements that define the scale of development within areas designated Multi-Family, High Density Residential:

“Net residential densities in the Multi-Family, High Density Residential designation will vary by location and will be directed by the policies in this Plan. Excluding provisions for bonusing, net residential densities will normally be less than 350 units per hectare (140 units per acre) in the Downtown Area, 250 units per hectare (100 units per acre) in Central London (the area bounded by Oxford Street on the north, the Thames River on the south and west and Adelaide Street on the east), and 150 units per hectare (60 units per acre) outside of Central London.”


The subject lands are situated within the Outside of Central London area and are therefore subject to a normal maximum residential density of 150 units/ha (60 units/ac). As discussed in Section 4.2.4 of this Report, the proposal yields a residential density of approximately 108 units/ha for Blocks 151 and 152, and approximately 108 units per hectare for Block 150. Accordingly, the proposed development is consistent with the density requirements for Multi-Family, High Density Residential developments within the Outside of Central London area. Section 3.4.3. i) sets out height and density considerations for large residential sites outside of the Downtown and Central London areas:

“Height and density limitations that are specified in the Zoning By-law will be guided by the following policies:

i) Outside of the Downtown and Central London areas it is Council's intention that a mixing

of housing types, building heights and densities shall be required in large designated Multi-Family, High Density Residential areas. Such areas, which will normally exceed 3 hectares (7.4 acres) in size, will be guided by the following criteria:

(a) a transition in scale shall be encouraged, where appropriate, to avoid extremes in

building height and bulk between the new development and the existing built fabric of adjacent properties;

(b) all areas shall include a diversity of housing forms such as mid-rise and low-rise apartments and multiple attached dwellings, in order to minimize the overwhelming effect of large high-rise developments;

(c) high-rise structures shall be oriented, where possible, closest to activity nodes (shopping and employment centres) and points of high accessibility (arterial roads, transit service) with densities and building heights decreasing as the distance from an activity node increases;

(d) massive, at-grade or above-grade parking areas shall not dominate the site. Pedestrian circulation and access to transit services should be facilitated through site design and building orientation; and

(e) conformity with this policy and the urban design principles in Section 11.1, shall be demonstrated through the preparation of an secondary plan or a concept plan of the site, ...”

The Conceptual Site Plan integrates a series of elements which serve to achieve the prescribed height and density criteria. In particular, the proposal supports a range of low and mid-rise apartments combined with multiple attached dwellings. The buildings will transition in scale with the larger six storey apartments situated along the Bradley Avenue frontage with three storey


townhouses further to the north. In addition, parking will predominately be located internal to the site and will be largely screened from Bradley Avenue and Chelton Road by the massing of the buildings.

Chapter 4 – Commercial Land use Designations 4.2.6 Policies associated with the Community Commercial Node designation are set out in Chapter 4 of the 1989 Official Plan under Section 4.3.7. The majority of the policies relate specifically to commercial uses with respect to function, location, form, and scale. However, it is noted under Section 4.3.7.3. of the Official Plan that multi-family, high density residential uses and community facilities may be permitted in the designation through a ZBA application, SPA application and consideration of design features. In light of this policy direction, the residential policies discussed above under Section 4.2.5 of this Report are relevant to high-density residential development on lands designated Community Commercial Node on the subject lands (Block 150 and 151). In particular, in our opinion the policies related to scale and form provided under Section 3.4.3. of the Official Plan for areas Outside of Central London have direct applicability to this proposal. It is also our opinion that the proposed development is consistent with these polices.

Chapter 11 – Urban Design Objectives 4.2.7 Chapter 11 of the Official Plan provides direction for matters related to the visual character, aesthetics, and compatibility of land use, and to the qualitative aspects of development. Section 11.1.1. itemizes a series of urban design principles that have relevance to this proposal. The Conceptual Site Plan demonstrates regard for the principles set out in Section 11.1.1. In summary, this design was developed with consideration for the following core design objectives: 1. Create a strong visual presence that acts as a focal point along the arterial road corridor; 2. Enhance the visual qualities of the streetscape by creating a positive addition to the existing

development pattern in the immediate area; 3. Provide a development that will be supportive of future transit service along Bradley Avenue

and alternative transportation modes and will allow residents to walk to nearby public amenities;

4. Employ a building design that will improve the pedestrian experience along the street

frontage, through the combination of massing, orientation, pedestrian entrances, architectural elements, detailing, and material selection;


5. Treat the Bradley Avenue streetscape with particular attention to create a pleasant pedestrian experience at the street level and to provide an effective residential density transition; and

6. Develop a landscape plan that helps to visually integrate the new development into the

surrounding environment.

The Urban Design Brief for this project, which is submitted in conjunction with this application, provides a more detailed description of how the proposed development complies with the urban design policies of Chapter 11 of the Official Plan. However, as demonstrated in this Report, the proposed design has consideration for these noted objectives.

Chapter 8 – Open Space Land Use Designation 4.2.8 Section 8A.2.2. indicates that public open space uses including district, city-wide, and regional parks; and private open space uses such as cemeteries and private golf courses are permitted in the Open Space designation. Agriculture; woodlot management; horticulture; conservation; essential public utilities and municipal services; and recreational and community facilities; may also be permitted. A buffer between the woodlot and the development area has been identified along the northern perimeter of Blocks 151, and 152. This buffer was identified through the Scoped EIS completed for this application and encompasses the Open Space designation applied to the subject lands. This buffer will be zoned OS5 and is discussed in greater detail under Section 5.2 of this Report. In addition, a trail system is proposed within this area which is consistent with the permitted uses for the Open Space designation noted above.

Chapter 15 – Environmental Policies 4.2.9 As identified on Schedule B-1 (Natural Heritage Features), a portion of the subject lands is within a Max Hazard Line, and contains a Big Picture Meta-Cores and Meta-Corridors overlay. In addition, on Schedule B-2 (Natural Resources and Natural Hazards) a portion of the subject lands are also located within the Conservation Authority Regulation Limit and contain a portion of the Regulatory Floodline. As noted above, a Scoped EIS was completed by BioLogic for this application which recommends a buffer around the development area along the northern perimeter of the subject lands. The buffer was defined in consultation with the Upper Thames River Conservation Authority (UTRCA). The matters relating to the above noted environmental features are addressed in the Scoped EIS, including the delineation of the Floodline.


Summation 4.2.10 Based upon the foregoing, in our opinion the intended use of the subject lands is consistent with the principles, policy direction and development permissions associated with the Community Commercial Node, Multi-Family, High Density Residential, and Open Space designations of the 1989 Official Plan. In this respect, implementation of this project would: support the intensification of lands that permit residential uses at a location appropriate for high density housing forms; protect natural heritage features; and establish a use on the subject lands that has regard for, and is compatible with, the surrounding development context. The concept plan also incorporates elements that support the urban design objectives described in the current Official Plan.

4.3 New City of London Official Plan (The London Plan)

Status 4.3.1 The City of London Council adopted a new City of London Official Plan (‘The London Plan’) on June 23, 2016 and the Ministry of Municipal Affairs (MMA) issued its approval of the new Official Plan, with modifications, on December 30, 2016. Several of the applicable policies and schedules of the new Official Plan were appealed to the Ontario Municipal Board and are not currently in effect. Notwithstanding, the following discussion describes how the proposal aligns with the policy direction and development provisions of The London Plan as approved by the MMA. Figure 5 illustrates that the subject lands are designated Neighbourhoods (Blocks 151 and 152) and Shopping Area (Block 150) on Map 1 (Place Types) of The London Plan. Additionally, Figure 6 illustrates that a High Density Residential Overlay is applied to Block 152 pursuant to Map 2 (High Density Residential Overlay (From 1989 Official Plan)) of the new Official Plan.

Neighbourhoods Place Type 4.3.2 Policy 916 defines an overall vision for development in the Neighbourhoods place type, “… our neighbourhoods will be vibrant, exciting places to live, that help us to connect with one another and give us a sense of community well-being and quality of life.” Eight principal elements are also defined in this Policy to help achieve the vision statement:

“1. A strong neighbourhood character, sense of place and identity.

2. Attractive streetscapes, buildings, and public spaces.


3. A diversity of housing choices allowing for affordability and giving people the opportunity to remain in their neighbourhoods as they age if they choose to do so.

4. Well-connected neighbourhoods, from place to place within the neighbourhood and to other locations in the city such as the downtown.

5. Lots of safe, comfortable, convenient, and attractive alternatives for mobility.

6. Easy access to daily goods and services within walking distance.

7. Employment opportunities close to where we live.

8. Parks, pathways, and recreational opportunities that strengthen community identity and serve as connectors and gathering places.”

4.3.2.1 Permitted Uses Several residential forms and secondary uses (e.g., service/retail commercial activities, community facilities, small-scale offices) are permitted in the Neighbourhoods place type; contingent upon the adjacent road network delineated on Map 3 (Street Classifications). In this regard, the adjacent arterial road (Bradley Avenue) is classified as an Urban Thoroughfare. Chelton Road, and Meadowgate Boulevard are classified as a Neighbourhood Connectors on Map 3 – Street Classifications under the London Plan. Tables 10 and 11 of the London Plan generally specify the land use, intensity and building form permissions in the Neighbourhoods place type. Given the attributes of the subject lands noted above, The London Plan permits these lands to be developed for a range of low- and mid-rise residential forms including stacked townhouses, fourplexes and low-rise apartments with a minimum height of two storeys, a maximum height of four storeys (a maximum of six storeys are permitted with Type 2 Bonus Zoning). Type 2 Bonus Zoning is discussed in the Section 4.3.4 of this Report. Additionally, a High Density Residential Overlay is applied to Block 152 as identified on Map 2 – High Density Residential Overlay (from 1989 Official Plan). Policy 958(2) of the Plan states that this Overlay allows for residential development to a maximum height of 12 storeys and 150 units/ha on these lands. Given this framework, provided Type 2 bonusing is applied to Block 151, the form of the residential uses proposed for Blocks 151 and 152 is consistent with the policies and development permissions of the London Plan. In our opinion, the building forms and site layouts intended for these blocks is also in keeping with the objectives of the Neighbourhoods place type defined in Policy 916.


Shopping Area Place Type 4.3.3 4.3.3.1 Permitted Uses Map 1 of The London Plan designates Block 150 as Shopping Area place type. Policy 877_1 of this Plan states that a broad range of retail, service, office, entertainment, recreational, educational, institutional, and residential uses are permitted in Shopping Areas. 4.3.3.2 Intensity With respect to intensity, Policy 878_1 states that, “It is the intent of this Plan to allow for the more intense and efficient use of Shopping Area sites through redevelopment, expansion, and the introduction of residential development.” Further, Policy 878_2 prescribes that buildings in this place type are to have a maximum height of four storeys (up to six storeys are permitted with Type 2 bonusing). Given these permissions, Type 2 Bonus Zoning will be required to permit five storey apartments on Block 150.

Type 2 Bonus Zoning 4.3.4 As noted above, Type 2 Bonus Zoning is required to permit heights exceeding four storeys on Blocks 150 and 151 (five and six storeys, respectively). Policy 1652 of the London Plan states that for Type 2 Bonus Zoning, additional height or density may be permitted in exchange for certain facilities, services, or matters. A number of bonusable items are also summarized in this Policy which were considered in the design of the subject lands. In our opinion, the design elements of the Conceptual Site Plan provide an enhanced level of building and site design which aligns with several bonusable items set out in Policy 1652 including the following.

Exceptional site and building design. As discussed, collectively the building design and

site layout incorporate contemporary architectural themes, design elements and landscaping features to establish a strong presence and an active street edge along the Bradley Avenue corridor. Accordingly, the design of the subject lands will enhance the overall aesthetic of the area.

Dedication of public open space. In accordance with Condition #15 of the Conditions for Draft Plan Approval for the Plan of Subdivision respecting the subject lands, the ecological buffer lands (to be zoned OS5) will be dedicated to the City.

Measures that enhance the Natural Heritage System. In consultation with the City and the UTRCA, a 5.0 m buffer has been established north of Blocks 151 and 152 which will be


planted with native vegetation to ensure protection of sensitive natural features identified north of this buffer.

Large quantities of secure bicycle parking and cycling infrastructure. Secure bicycle parking will be provided at convenient indoor and outdoor locations and will integrate effectively with the site layout. In addition, pathways for bicycle use will be provided internal to the subject lands and will connect to planned trail systems external to the Site.

Extraordinary tree planting. Large caliper tree stock is to be planted along the street frontages and outdoor amenity areas.

Additionally, Policies 1653 and 1654 provide direction to City Council for the application of Type 2 Bonus Zoning:

“1653_Type 2 Bonus Zoning will only be permitted where it is demonstrated that the resulting

intensity and form of the proposed development represents good planning within its context.

1654_ Greater height or density offered through Type 2 Bonus Zoning will be commensurate with the public value of the facility, service or matter that is provided. “

The planning merits and enhanced design elements of this proposal are described and illustrated in this Report and the associated Urban Design Brief. In light of these considerations, in our opinion bonusing for additional building height on Blocks 151 and 152 is (1) appropriate for the local development context and (2) commensurate with the public benefit derived from project enhancements. It is therefore our opinion that the proposal fulfills the requirements of Policies 1653 and 1654, notwithstanding these policies and the Type 2 bonusing structure are under appeal and not in effect.

Conclusion 4.3.5 In light of these considerations, it is our opinion that the proposed development supports the broad vision, guiding objectives and bonusing structure defined for the Neighbourhoods and Shopping Area place types. It is also our opinion that with Type 2 bonusing, the proposal is consistent with the policy direction and development permissions of The London Plan (recognizing that applicable development intensity and building form policies are under appeal and are not currently in effect).


5.0 City of London Zoning By-law Z.-1

5.1 Existing Zoning Figure 7 illustrates that multiple zones are applied to the subject lands under the City of London Zoning By-law Z-1. The following summarizes the existing zoning structure and permissions applicable to each development block: Block 150 is zoned Community Shopping Area (CSA3). Section 22.2 of the Zoning By-law

prescribes that a wide variety of retail uses, offices, and restauarants are permitted in the CSA3 Zone. Additionally, Section 22.1 of the Zoning By-law states that high density residential uses may also be permitted with the application of a Residential R8 or Residential R9 Zone.

Block 151 is zoned Associated Shopping Area Commercial (ASA1/ASA2/ASA3). Pursuant to

Section 24.2 of the Zoning By-law, a broad range of retail uses, offices, clinics and restaurants are permitted in these ASA Zone Variations. Residential uses are not defined as permitted uses in the standard ASA1, ASA2 or ASA3 permissions.

Block 152 is zoned Residential 6 (R6-5) and Residential 9 (R9-3). Section 10.2 of the Zoning By-

law identifies that the R6-5 zone permits a varity of low and medium density housing forms, including single-detached, semi-detached, duplex, triplex, townhouse, and stacked townhouse dwellings. Section 13.2 of the Zoning By-law prescribes that medium and high density apartment buildings and seniors housing are permitted in the R9-3 Zone.

The zoning structure for Block 152 also includes a maximum building height permission of 20 m (H20) and a holding provision (h-54). The holding provision is applied to ensure there are no land use conflicts between arterial roads and the proposed residential uses. Removal of this proivsion requires the implementation of all noise attenuation measures recommended in noise assessment reports and accepted by the City of London. To satisfy this requirement, a Noise Assessment, dated February 4, 2019 was completed by Development Engineering. This assessment will be submitted in support of the ZBA application and a subsequent application to remove the h-54 holding provision.

5.2 Proposed Zoning Following an analysis of the Zoning By-law, it was concluded that the form and scale of the proposal most closely aligns with the planned function of the Residential R5 and R9 Zone regimes


with Special Provisions for reduced setbacks in certain areas. In addition, the buffer identified along the northern perimeter of Blocks 151 and 152 is proposed to be zoned Open Space 5 (OS5) to match the adjacent lands to the north. Accordingly, a multiple R5-7 and R9-7 Special Provision Zone is proposed for the development area on the subject lands, and an OS5 zone is proposed for the buffer area. See Figure 8.

R5-7 Zone 5.2.1 Section 9.1 of the Zoning By-law states that the parent Residential R5 Zone provides for, and regulates, medium density residential development in the form of cluster townhouses. The Residential (R5-7) Zone variation is proposed for the townhouse portion of the development and is a zone which is commonly applied to cluster townhouse developments in the City. In this regard, the R5-7 Zone will support the cluster townhouse component of the proposed development.

R9-7 Zone 5.2.2 The Residential R9 (R9-7) Zone variation is proposed for the areas of the Site that will be developed with apartments. This zone is commonly applied to high density residential areas situated outside of Central London (as defined in the current Official Plan). In this regard, the R9-7 Zone variation supports a variety of intensive residential housing forms (e.g., apartment buildings, senior citizens apartments, continuum-of-care facilities) and permits a maximum density 150 units/ha, exclusive of bonusing. The standard R9-7 Zone regulations do not specify a maximum building height. Tables 3.0 and 4.0 compare the proposed development to the applicable regulations of the R5-7 and R9-7 Zones, respectively.

Table 3.0 Analysis of Proposed R5-7 Zoning (Blocks 150, 151, 152)

Regulation Required (R5-7)

Provided Block 150

Requested Block 150

Provided Blocks

151/152

Requested Block

151/152 Residential Type Townhouses

and Stacked Townhouses

Townhouses Townhouses Townhouses Townhouses

Lot Area (min.) 1000 m2 21,561 m2 1,000 m2 2,392 m2 1,000 m2

Lot Frontage (min.) 84.56 m 63.41 m Building Setbacks (min.) Front Yard Interior Side Yard Exterior Side Yard

6 m 3 m 6 m

6.05 m 3.05 m 6 m

6 m 3 m 6 m

9.64 m 2.62 m N/A

6 m 2 m N/A



Provided Block 150

Requested Block 150

Provided Blocks

151/152

Requested Block

151/152 Rear Yard 6 m N/A N/A 0.6 m 0 mBuilding Height (max.)

12 m 10.75 m 12 m 10.75 m 12 m

Landscaped Open Space (min.)

30 % 37.36 % 30 % 35.53 % 30 %

Lot Coverage (max.) 45 % 29.15 % 45 % 34.53 % 45 %Residential Density (max.) units per hectare

60 40.74 60 50.16 60

Off-Street Parking (min.)

1.5 / unit Block 150: 141 Block 151 & 152: 20

389

No change

37

No change

As identified in Table 3.0 and illustrated on Figure 8, special provisions are required to bring the proposal into conformity with the R5-7 Zone structure. Specifically, R5-7 Zone Variations are requested to reduce the interior and rear yards on Blocks 151 and 152. For clarification, we have interpreted the lot line to the south to be the front lot line on the R5-7 portion of these Blocks. Regarding the interior side yard reduction, this yard abuts the adjacent R9-7 Zone to the east on the same development block. The R9-7 land contains a parking field at this location. Accordingly, a reduced interior side yard setback on the R5-7 lands will not result in any adverse impacts. Regarding the reduced rear yard setback for Block 151/152, notwithstanding Section 4.27 (5) of the Zoning By-law which does not permit decks or porches to be within 3 m of a lot line that abuts an OS5 zone, it is our opinion that a 0 m setback at this location is appropriate. The OS5 lands to the north will comprise an ecological buffer. Accordingly, the reduced setback is appropriate as the adjacent lands will not be developed. Further, the purpose of the OS5 Zone at this location is to function as a protective buffer between development and the natural features further to the north, a further buffer at this location in the form of a rear yard setback is not necessary.

Table 4.0 Analysis of Proposed R9-7 Zoning (Blocks 150, 151, 152)


Provided Block 150

Requested Block 150

Provided Blocks 151/

152

Requested Blocks

151/152 Residential Type Apartment

Buildings Apartment Buildings

Apartment Buildings

Apartment Buildings

Apartment Buildings



Provided Block 150

Requested Block 150

Provided Blocks 151/

152

Requested Blocks

151/152 Lot Area (min.) 1000 m2 20,197 m2 1000 m2 22,888 m2 1000 m2

Lot Frontage (min.) 30 m 75.17 m 30 m 92.01 m 30 mBuilding Setbacks (min.) Front Yard Interior Side Yard Exterior Side Yard Rear Yard

8 m 4.5 m 10 m 6 m

8.76 m 46.7 m 8.05 m N/A

8 m 4.5 m 8 m N/A

6.05 m 0 m 4.11 m 90.78 m

6 m 0 m 4 m 6 m

Building Height (max.)

N/A 18.5 m 25 m 21 m 25 m

Landscaped Open Space (min.)

30 % 40.35 % 30 % 30.08 % 30 %

Lot Coverage (max.) 30 % 19.95 % 30 % 26.4 % 30 %Residential Density (max.) units per hectare

150 99.02 150 144.3 150

Off-Street Parking (min.)

1.25 / unit Block 150: 250 Blocks 151/152: 413

271 No change

405

405

Bicycle Parking (min.)

0.75 spaces / unit Block 150: 150 Block 151/152: 248

150 No change 248

No change

As identified in Table 4.0 and illustrated on Figure 8, special provisions are required to bring the proposal into conformity with the R9-7 Zone structure. In particular, R9-7 Zone Variations are requested to reduce the front, interior and exterior side yards on Blocks 151 and 152, and the Exterior Side Yard on Block 150, and to permit a slight reduction in parking on Blocks 151 and 152. In our opinion, a reduced front and exterior side yard setback on Blocks 151 and 152, and a reduced exterior side yard setback on Block 150 are appropriate for the development of the Site. By reducing these setbacks, it allows the buildings to be brought closer to the street to create a more defined street edge which will enhance the pedestrian environments along Bradley Avenue and Chelton Road.


As previously noted the proposed development will promote the urbanization of Bradley Avenue and the Chelton Road extension through the addition of low and mid-rise buildings providing a mix of residential units. The buildings along these corridors have been designed to address these streets to help support a strong urban street edge as the area continues to develop with higher densities and more uses. Reduced setbacks along these streets will help to achieve this objective. Regarding the requested zero (0.0) m setback on Blocks 151 and 152 for the interior side yard, the adjacent lands are proposed to be zoned OS5 and will form a buffer between the planned development and sensitive natural features north of the property. Accordingly, the zone setback is appropriate for this area as the adjacent lands will not be developed. Further, as the OS5 Zone would function as a protective buffer, a further buffer on Blocks 151 and 152 in the form of an interior side yard setback is not necessary. Regarding the reduction in parking, there is a deficiency of 8 spaces for the R9-7 Zone on Blocks 151 and 152. However, within the R5-7 Zone on Block 152, there is a surplus of 17 parking spaces. As a result, there is enough parking across the entire development area to accommodate the proposed residential uses.

OS5 Zone 5.2.3 The Open Space 5 (OS5) Zone variation is proposed for the buffer area along the northern perimeter of Blocks 151, and 152. Pursuant to Section 36.2 of the Zoning By-law, permitted uses in the OS5 Zone are limited to conservation lands, conservation works, managed woodlots and passive recreation uses (which include hiking trails and multi-use pathways). The proposed zoning will match the zoning for the adjacent lands containing a woodlot and other natural heritage features. Additionally, a trail is proposed within a portion of this buffer area which is consistent with aforementioned permitted uses for this zone. As outlined in this Report, this buffer area has been delineated by BioLogic through an EIS and will be dedicated to the City in conjunction with Site Plan Approval.


6.0 Conclusion In conclusion, it is our opinion that the proposed Zoning By-law Amendment is appropriate for the subject lands, compatible with the existing development context and in keeping with the framework of planning policy. This assessment is based, in part, upon consideration of the following merits:

1. The subject lands are located within the Urban Growth Boundary of the City of London, and are currently designated for high density residential development;

2. The property is well suited for compact, intensive residential uses given its physical

characteristics, its location adjacent to an arterial road and planned and existing residential neighbourhoods, and its proximity to educational institutions, and nearby parks and pathways;

3. The subject lands are located within convenient walking distance of bus routes operating

along Darnley Boulevard. The City’s bus transit network provides connectivity throughout the City and to regional transportation facilities;

4. The proposed development will assist in the gradual urbanization of Bradley Avenue and the Chelton Road extension through the addition of low- and mid-rise buildings providing a mix of residential units. The building design addresses the surrounding public streets to help support a strong urban street edge;

5. The development of the subject lands provides an opportunity to diversify housing choice by introducing medium and high density residential forms adjacent to a neighbourhood comprised predominately of single detached residences;

6. The planned development will utilize existing vacant land and servicing resources in an efficient manner and will be supported by the road system, the active transportation network and transit services (existing services and future extensions);

7. Preliminary assessments indicate that adequate infrastructure is available to

accommodate the proposed development;

8. This development proposal is consistent with the Provincial Policy Statement;


9. The nature and intent of this proposal is in keeping with the goals, objectives and policy direction of the City of London’s current Official Plan, and new Official Plan; and

10. The development represents good planning.

Given the noted considerations, it is recommended that the City of London approve the Zoning By-law Amendment, as proposed.

Respectfully submitted, MHBC Planning, Urban Design & Landscape Architecture

Carol Wiebe, BES Eric Miles, MPL Partner Planner

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