That, on the recommendation of the Director, Planning and Development, the following actions be taken with respect to the application by Sam Katz Holdings Inc., relating to the properties located at 323 Oxford Street West, 92 and 825 Proudfoot Lane:
a) the proposed by-law appended to the staff report dated June 11, 2024 as Appendix "A" BE INTRODUCED at the Municipal Council meeting to be held on June 25, 2024, to amend the Official Plan, The London Plan to:
i) REVISE the Specific Policy 864B_ in the Rapid Transit and Urban Corridor Place Types, located at 323 Oxford Street West to permit development with a maximum height of 18 storeys (60 metres);
ii) REVISE the Specific Policy 1066_ in the Neighbourhoods Place Type, located at 323 Oxford Street West to permit development with a maximum height of 6 storeys (20 metres) and permit development with a maximum height of 13 storeys (40 metres) at 92 Proudfoot Lane and 825 Proudfoot Lane;
iii) REVISE the Specific Policy 1067_ in the High-Density Residential Overlay (from 1989 Official Plan), located at 323 Oxford Street West to permit development with a maximum height of 14 storeys (46 metres) and permit a maximum height of 13 storeys (40 metres) at 92 Proudfoot Lanes;
iv) REVISE the Specific Policy 1067A_ in the High-Density Residential Overlay (from 1989 Official Plan), to permit development with a maximum height of 16 storeys (51 metres) only on the portion of the site that is south of Westfield Drive and east of Beaverbrook Drive;
b) the proposed by-law appended to the staff report dated June 11, 2024 as Appendix "B" BE INTRODUCED at the Municipal Council meeting to be held on June 25, 2024, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan for the City of London, 2016), to change the zoning of the subject property FROM a Holding Residential R5/R6/R7/R8 (h-1•R5-3/R6-5/R7•D75•H13/R8-4), Residential R5/R6/R7/R8, Neighbourhood Facility (R5-3/R6-5/R7•D75•H13/R8-4/NF1), Holding Residential R8 (h-1•R8-4), Holding Residential Special Provision R8 (h-1•R8-4(9)), Residential R9 (R9-7•H40), Residential R9 (R9-7•H46), Holding Residential Special Provision R9 (h-1•R9-3(8)•H22), Open Space (OS1), and Open Space (OS4) Zone TO a Holding Residential R5 Special Provision (h-80•h-100•R5-7(**)•D75•H13), Holding Residential R9 Special Provision/Neighbourhood Shopping Area (h-80•h-100•R9-7(**)•D305•H60/NSA3), Holding Residential R9 Special Provision (h-80•h-100•R9-7(**)•D242•H46), Holding Residential R9 Special Provision (h-80•h-100•R9-7(**)•D230•H20), Holding Residential R9 Special Provision/Neighbourhood Facility(h-18•R9-7(**)•D240•H40/NF), Holding Residential R9 Special Provision (h-18•h-80•h-100•R9-7(**)•D200), Open Space (OS1), and Open Space (OS5) Zone BE APPROVED;
c) the Approval Authority BE ADVISED that the following issues were raised at the public participation meeting:
i) there is no significant woodlot on the property;
ii) people have lost their homes through expropriation to recreate Mud Creek;
iii) construction of the stormwater drain has disrupted nesting activities of migratory birds, fish spawning habitat;
iv) the clear cutting of trees has disrupted bat habitat, which are currently listed at risk in Ontario as well as white tailed deer;
v) provide an annual report on monitoring the impact to wildlife that have been displaced;
vi) believes the removal of the community garden in Block 1 is detrimental to the seniors living there;
vii) increase in traffic, noise, speeding and accidents;
viii) increase in GHG emissions that remove vegetation and increases car emissions;
ix) flooding risks; and,
x) protect and retain the farmland;
d) the Approval Authority BE REQUESTED to consider the following transportation and servicing matters:
i) update the Transportation Impact Study and implement recommendations into future Site Plan Applications;
ii) consider the review of a Traffic Impact Study that addresses the cumulative development impacts and potential cut through traffic; and,
iii) ensure planned and future municipal infrastructure projects are coordinated with this development;
e) the Site Plan Approval Authority BE REQUESTED to consider the following design issues through the site plan process:
i) provide adequate landscaped open space and outdoor amenity areas. to serve the needs of the residents of the proposed development;
ii) provide enhanced tree planting;
iii) consider the provision of short-term bicycle parking; and,
iv) consider providing an enhanced landscaped view corridor and amenity space south of Westfield Drive; and,
f) the Approval Authority BE ADVISED that Municipal Council supports issuing draft approval of the proposed plan of residential subdivision, submitted by Sam Katz Holdings Inc., (File No. 39T-21505), updated February 13, 2024, which shows a draft plan of subdivision consisting of three (3) medium density residential blocks; four (4) high density blocks; four (4) one-foot reserve blocks; serviced by four (4) local streets (Streets A, B, Beaverbrook Avenue, and Westfield Drive).
it being further noted that the Planning and Environment Committee received the following communications with respect to these matters:
• a communication dated May 24, 2024 from C. Kuijpers and B. Hannink;
• a communication dated June 5, 2024 from T. de Vries;
• a communication dated June 5, 2024 from Mr. and Mrs. G. Dyson;
• a communication dated June 4, 2024 from E. Prentice;
• a communication dated June 3, 2024 from S. Smith;
• a communication dated June 6, 2024 from M. Kuijpers;
• a communication dated May 24, 2024 from J. Cox;
• a communication dated June 9, 2024 from A. Johnson;
• a communication dated June 9, 2024 from A.M. Valastro; and,
• a communication dated June 10, 2024 from J. Woodyer, Campaigns Director, Zoocheck;
it being pointed out that the following individuals made verbal presentations at the public participation meeting held in conjunction with these matters:
• J. Katz, Sam Katz Development;
• A.M. Valastro;
• Resident;
• K. Kuijpers;
• A. Johnson; and,
• M. McClure;
it being further noted that the Municipal Council approves this application for the following reasons:
• the recommended amendment is consistent with the Provincial Policy Statement (PPS), 2020, that encourages higher density residential development within transit supportive areas. The PPS directs municipalities to permit all forms of housing required to meet the needs of all residents, present and future;
• the recommended zoning conforms to the policies of The London Plan, including, but not limited to, the Neighbourhoods Place Type, Green Space Place Type, Rapid Transit Corridor, City Building and Design, Our Tools, and all other applicable policies of The London Plan;
• the proposed zoning will permit development that is considered appropriate and compatible with the existing and future land uses surrounding the subject lands; and,
• the recommended zoning amendments will support the proposed Draft Plan of Subdivision and facilitate an appropriate form and mix of medium and high-density residential development that conforms to The London Plan;
it being acknowledged that any and all oral and written submissions from the public, related to this application have been, on balance, taken into consideration by Council as part of its deliberations and final decision regarding these matters. (2024-D09)