Recommendation: That, on
the direction of Municipal Council, in recognition of the circumstance where
these lands have been previously zoned and designated to permit a range of
commercial uses, and that an “Unevaluated Vegetation Patch” (Patch 10102) as
identified on Schedule “B-1” of the Official Plan is located on a portion of
these lands, the following actions be taken with respect to the application
of PenEquity Realty Corporation, relating to the property located at 3130 and 3260
Dingman Drive and the rear portion of 4397 and 4407 Wellington Road South:
a)
the
proposed by-law, as appended to the staff report dated June 20, 2013, BE INTRODUCED at the Municipal Council meeting to be held on June 25, 2013, to
amend
the Official Plan as follows:
i)
by
adding a special policy in Chapter 10 – “Policies for Specific Areas” to
permit cinema use outside of the downtown area in the New Format Regional
Commercial Node; and,
ii)
by
amending Schedule B-1- Natural Heritage Features, to delete “Unevaluated
Vegetation Patch”;
b)
the
proposed by-law, as appended to the staff report dated June 20, 2013, BE INTRODUCED at the Municipal Council meeting to be held on June 25, 2013, to amend Zoning
By-law No. Z.-1, (in conformity with the Official Plan as amended in part a),
above), FROM a Holding Restricted Service Commercial Special
Provision/Light Industrial (h*RSC1(9)/RSC5/LI6) Zone, a Holding Restricted
Service Commercial Special Provision (h*RSC1(9)/RSC3/RSC4(5)/RSC5) Zone,
which permits a wide range of service commercial uses such as automobile
services, home and auto supply, service repair and light industrial uses and
a Community Shopping Area (CSA6) which allows for a large range of commercial
uses TO a Holding Associated Shopping Area Commercial Special Provision
(h*h-5*h-18*h-55*h-103*h-141*h(_)*ASA3/ASA5/ASA6 (_)/ASA7(_)/ASA8(_)) Zone,
to allow for commercial retail use, 14,000m2 of commercial
recreational use, 4,000m2 cinema use, a gas bar use, and a hotel
use,
subject to holding
provisions to ensure the provision of municipal servicing, archaeological
evaluation be completed, a transportation study be completed,
Ministry of Transportation permits be obtained, urban design matters be
addressed, and a natural heritage compensation agreement between the City and
the applicant be entered into to address the natural heritage compensation
measures to be implemented resulting from the removal of the Unevaluated
Vegetation Patch (Patch 10102);
c)
the
Site Plan Approval Authority BE REQUESTED to consider the following design
issues through the site plan process:
·
ensure
a high level of architectural and landscape quality on all portions of the
site with visual exposure to Highway 401;
·
ensure
that the design of the buildings located along Highway 401 and Dingman drive
are of a high design standard and do not appear as “the back of house”;
·
screen
all parking areas visible from Highway 401 as well as Dingman Drive using
enhanced landscaping;
·
create
a block pattern on the site in order to allow for future redevelopment;
·
create
a high quality main street through the centre of the site that includes:
·
on-street
parking;
·
wide
sidewalks;
·
street
trees;
·
landscaping
as well as street furniture (i.e.: lamp posts, signage, benches, garbage
bins, etc…);
·
improved
pedestrian experience and access throughout the site;
·
locate
buildings along the main street that are oriented towards the street with
accented main pedestrian entry points, transparent glass, articulated facades
and rooflines, in order to create an active frontage;
·
include
a key building at the view terminus of the proposed main street (e.g.,
proposed movie theatre);
·
provision
of a variety of high quality materials (such as transparent glass, brick,
stone, etc.) on all proposed buildings, in particular the elevations facing
Highway 401, Dingman Drive and the mainstreet;
·
create
a centralized public space, located along the main street;
·
provide
for continuous pedestrian connections through the site;
·
ensure
all buildings have a walkway to the proposed on site main street commercial
corridor as well as continuous walkways connecting to other buildings on the
site;
·
include
adequately sized landscape islands to break up large surface parking areas,
these landscape islands should include trees as well as enhanced landscaping;
·
submit
an updated urban design brief to the Urban Design Review Panel for a more
comprehensive review of the final proposal through the site plan process;
and,
·
plant
three trees for every tree removed, at a location of the applicant’s choice,
on the property;
d)
the
request to amend Zoning By-law No. Z.-1 from a Holding Restricted Service
Commercial Special Provision/Light Industrial (h*RSC1(9) /RSC5/LI6) Zone, a
Holding Restricted Service Commercial Special Provision
(h*RSC1(9)/RSC3/RSC4(5)/RSC5) Zone, which permits a wide range of service
commercial uses such as automobile services, home and auto supply, service
repair and light industrial uses and a Commercial Shopping Area (CSA6) Zone,
which allows for a large range of commercial uses to an Associated Shopping
Area Commercial Special Provision (ASA3/ASA5/ASA6 (_)/ASA7(_)/ASA8) Zone and
an Open Space (OS1) Zone, to allow for 50,183m2 of commercial
retail use, 13,564m2 of commercial recreational use, 3,921m2
cinema use, a gas bar use and a passive recreational use, BE REFUSED for the
following reasons:
i)
the
requested amendment is not consistent with the Provincial Policy Statement, 2005,
including Wise Use and Management of Resources policies; and,
ii)
the
requested amendment is not consistent with the Environmental policies of the
Official Plan;
e)
the
Civic Administration BE DIRECTED to determine if there are similar
instances where “Unevaluated Vegetation Patches” on Schedule “B-1” of the
Official Plan are not shown as “Open Space” or “Environmental Review” on
Schedule “A” of the Official Plan, and to initiate an Official Plan Amendment
to show these lands as “Open Space” or “Environmental Review” on Schedule
“A” of the Official Plan, noting that this would then make these lands
subject to the City’s Tree Conservation By-law (By-Law C.P.-1466-249);
f)
the
Civic Administration BE DIRECTED to work with the Applicant to develop
the Natural Heritage Compensation Agreement required by the h(_) holding
provision for Municipal Council approval that reflects the natural heritage
value of the natural heritage feature to be removed, and is consistent with
the compensation achieved through the Sovereign Woods resolution, it being
noted that the Natural Heritage Compensation Agreement may include both
natural heritage lands and lands that may be planted; and,
g) pursuant
to Section 34(17) of the Planning Act, as determined by the Municipal
Council, no further notice BE GIVEN in respect of the proposed by-law
as Insert reason why no further notice is required;
it being noted that the Planning and
Environment Committee reviewed and received a communication, dated June 17,
2013, from Roslyn Houser, Goodmans and the attached communication,
dated June 20, 2013, from C. Creighton, Land Use Planner, Upper Thames River
Conservation Authority, with respect to this matter. (2013-D14A)
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