Recommendation: That, on the
recommendation of the Senior Planner, Development Planning, the following
actions be taken with respect to the Draft Plan of Subdivision, Official Plan
amendment and Zoning By-law amendment applications by Extra Realty, relating
to the property located at 660 Sunningdale Road East, located on the
northwest corner of Sunningdale Road East and Adelaide Street North (legally
described as the South Half of Lot 13, Concession 6, (Geographic Township of
London)):
a) the proposed by-law, as appended to the staff report
dated July 28, 2014, BE INTRODUCED at the Municipal Council meeting to be
held on July 29, 2014 to amend the Official Plan to change the designation on Schedule
“A” – Land Use FROM Low Density Residential, Multi-Family, Medium Density
Residential and Open Space TO Low Density Residential, Multi-Family, Medium
Density Residential, Main Street Commercial Corridor and Open Space; to change the
designation on Schedule “B1” – Flood Plain & Environmental Features by
removing the Unevaluated Corridors designation and refining the Provincially
Significant Wetland boundary; and to change the designation on Schedule
“C” – Transportation Corridors by amending the east-west secondary collector
road to align with Street D, by amending the north-south secondary collector
road to align with Street A, and by redesignating Street A from Sunningdale
Road East to Street D as Primary Collector;
b) the
request to amend the Official Plan to change the designation of the subject
lands FROM a Multi-Family, Medium Density Residential designation which
allows townhouses and various forms of cluster housing at a maximum density
of 75 units per hectare TO a Multi-Family, High Density Residential
designation to allow for apartments at a maximum height of 42 metres and a
maximum density of 150 units per hectare, and a Neighbourhood Commercial Node
designation to allow for a range of commercial uses including bake shops,
catalogue stores, clinics, convenience service establishments, day care
centres, duplicating shops, financial institutions, food stores, libraries,
medical/dental offices, offices, personal service establishments,
restaurants, retail stores, service and repair establishments, studios, video
rental establishments, brewing on premises establishment, with a total
maximum gross floor area of 3,200 m2 (34,444.5 ft2) for
food stores and 500 m2 (5,382.0 ft2) for all other
individual uses BE REFUSED for the following reasons:
Multi-Family, High
Density Residential
i)
the
proposed development does not take into account surrounding land uses in
terms of height and scale, and is not in keeping with the surrounding
low-rise forms of development;
ii)
this
location for high density is not located in an activity node (adjacent to
large scale shopping and employment centres) nor is it located at a point of
high accessibility (such as transit service);
iii)
high
rise forms of development should be directed to higher order transit
corridors in an effort to support future rapid transit and its associated
corridors;
iv)
a
mid-rise form is more appropriate given the road classification, while
providing support for the surrounding commercial; and
v)
the
proposed use does not meet the criteria within the Official Plans as it is
not located near the periphery of the Downtown, is not in proximity to
Enclosed Regional Commercial Nodes, New Format Regional Commercial Nodes or
Community Commercial Nodes, or in proximity to Regional Facilities; and,
vi)
the
original proposed high density block is less than 3 hectares in size; it
being noted that a minimum of 3 hectares is recommended for high density
blocks in order to achieve and accommodate a mixing of housing types,
building heights and densities, and a transition in scale.
Neighbourhood
Commercial Node
i)
the
amount of commercial proposed does not meet the intent of the Uplands North
Area Plan;
ii)
the
commercial justification study has provided certain assumptions to base its
conclusions on, that Staff do not agree with;
iii)
the
orderly distribution and development of commercial uses to satisfy the
shopping and service needs of residents and shoppers was already considered
in this area, and the addition of larger scale retail opportunities would
likely compete with these planned areas;
iv)
recent
applications to add commercial uses within the Uplands North Planning area
were refused by Council and the decision upheld by the Ontario Municipal
Board; and,
v)
the
Main Street Commercial designation is a more appropriate commercial
designation for this area, as it encourages smaller scale commercial uses in
mixed used buildings, achieves placemaking principles of mixed use
development, encourages building form and design that is pedestrian oriented,
and facilitates a wide range of small scale commercial and office/personal
service establishments that are meant to fulfill the local needs of
residents;
c) the proposed by-law, as appended to
the staff report dated July 28, 2014, BE INTRODUCED at the Municipal Council
meeting to be held on July 29, 2014, to amend Zoning By-law No.
Z.-1, (in conformity with the Official Plan, as amended in part a), above),
to change the zoning of the subject lands FROM an Environmental Review (ER) Zone,
and an Urban Reserve (UR4) Zone TO:
i)
a
Holding Residential R1 Special Provision (h. h-100.h( )•R1-4(*) Zone to
permit single detached dwellings with a minimum lot area of 360 m2
and minimum lot frontage of 12 m, with a special provision for a reduced
front yard setback of 3.0 metre to the house and 5.5 metre to the garage from
a collector or local road, and a reduced interior side yard setback of 1.2
metres;
ii)
a
Holding Residential R1 Special Provision (h. h-100.h( )•R1-5(*) Zone to
permit single detached dwellings with a minimum lot area of 415 m2
and minimum lot frontage of 12 metres, with a special provision for a reduced
front yard setback of 3.0 metre to the house and 5.5 metre to the garage from
a collector or local road, and a reduced interior side yard setback of 1.2
metres;
iii)
a
Holding Residential R1 Special Provision (h. h-100.h( )•R1-5(**) Zone to
permit single detached dwellings with a minimum lot area of 360 m2
and minimum lot frontage of 12 metres, with a special provision for a reduced
front yard setback of 3.0 metre to the house and 5.5 metre to the garage from
a collector or local road, a reduced interior side yard setback of 1.2
metres, and 20 metre setback from the centre of the oil pipeline to the
dwelling;
iv)
a
Holding Residential R4 Special Provision (h. h-100.h( )•R4-2(*) Zone to
permit street townhouse dwellings with a minimum lot area of 240 m2
, with a special provision for a minimum lot frontage of 7.8 metres;
v)
a
Holding Residential R5 Special Provision/R6 Special Provision (h. h-100.h(
)•R5-2(*)/R6-4(*)) Zone to permit cluster townhouses and stacked townhouses
at a maximum height of 12 metres and a maximum density of 30 units per
hectare (R5) and to permit cluster single detached, semi-detached or duplex
dwellings at a height of 10.5 metres and a maximum density of 30 units per
hectare (R6), with a special provision for a reduced front yard setback of
3.0 metre to the house and 5.5 metre to the garage from a collector or local
road;
vi)
a
Holding Residential R5 Special Provision/R6 Special Provision (h. h-100.h(
)•R5-2(**)/R6-4(**)) Zone to permit cluster townhouses and stacked townhouses
at a maximum height of 12 metres and a maximum density of 30 units per
hectare (R5) and to permit cluster single detached, semi-detached or duplex
dwellings at a height of 10.5 m and a maximum density of 30 units per hectare
(R6), with a special provision for a reduced front yard setback of 3.0 metre
to the house and 5.5 metre to the garage from a collector or local road and
recognize that notwithstanding the provisions of the zoning by-law, frontage
for this block will be along the secondary collector road (Street D);
vii)
a
Holding Residential R5 Special Provision/R6 Special Provision/Residential R8
Special Provision (h. h-100.h( )•R5-4(*)/R6-5(*)/R8-4(*)) Zone, to permit
cluster townhouses and stacked townhouses at a maximum height of 12 m and
maximum density of 40 units per hectare (R5), to permit cluster single
detached, semi-detached, duplex, triplex, townhouse, stacked townhouse,
fourplex dwellings and apartments at a height of 12 metres and a maximum
density of 35 units per hectare (R6), and to permit apartment buildings,
handicapped person’s apartment buildings, lodging house class 2, stacked
townhousing, senior citizen apartment buildings, emergency care establishments,
and continuum-of-care facilities at a maximum height of 13 m and a maximum
density of 75 units per hectare (R8), with a special provision for a reduced
front yard setback of 3.0 metre to the house and 5.5 metre to the garage from
a collector or local road, a reduced rear yard setback adjacent to the
conveyance block of 3 metre in place of 8 metre, and to allow for the
adjacent Open Space lands within the conveyance block to be included in the
Residential Block for the purposes of calculating density;
viii)
a
Holding Residential R5 Special Provision/R6 Special Provision/Residential R8
Special Provision (h. h-100.h( )•R5-4(**)/R6-5(**)/R8-4(**)) Zone, to permit
cluster townhouses and stacked townhouses at a maximum height of 12 metres
and maximum density of 40 units per hectare (R5), to permit cluster single
detached, semi-detached, duplex, triplex, townhouse, stacked townhouse,
fourplex dwellings and apartments at a height of 12 metres and a maximum
density of 35 units per hectare (R6), and to permit apartment buildings,
handicapped person’s apartment buildings, lodging house class 2, stacked
townhousing, senior citizen apartment buildings, emergency care
establishments, and continuum-of-care facilities at a maximum height of 13 m
and a maximum density of 75 units per hectare (R8), with a special provision
for a reduced front yard setback of 3.0 metre to the house and 5.5 metre to
the garage from a collector or local road, a reduced rear yard
setback adjacent to the conveyance block of 3 metre in place of 8 metre, and to allow for the
adjacent Open Space lands within the conveyance block to be included in the
Residential Block for the purposes of calculating density;
ix)
a
Holding Residential R5 Special Provision/R6 Special Provision/Residential R8
Special Provision (h. h-100.h( )•R5-6(*)/R6-5(***)/R8-4(***)) Zone, to
permit cluster townhouses and stacked townhouses at a maximum height of 12 metre
and maximum density of 50 units per hectare (R5), to permit cluster single
detached, semi-detached, duplex, triplex, townhouse, stacked townhouse,
fourplex dwellings and apartments at a height of 12 metres and a maximum
density of 35 units per hectare (R6), and to permit apartment buildings,
handicapped person’s apartment buildings, lodging house class 2, stacked
townhousing, senior citizen apartment buildings, emergency care
establishments, and continuum-of-care facilities at a maximum height of 13 metres
and a maximum density of 75 units per hectare (R8), with a special provision
for a reduced front yard setback of 3.0 metre to the house and 5.5 metre to
the garage from a collector or local road;
x)
a
Holding Business District Commercial Special Provision (h. h-100.h(
)•BDC2(*)•D75•H18) Zone, which permits a wide range of commercial uses on the
first floor, with a maximum height of 18 metres and a maximum density of 75
units per hectare, with special provisions to require that the lot frontage
for the Block is considered to be along the primary collector, to require the
commercial/retail/office uses on the ground floor to have primary entrance
for individual tenants oriented toward the primary collector, for a minimum 2
metre and maximum 4 metre front and exterior side yard setback, and to
require a mixed use building, with 500 m2 maximum
retail/office/commercial floor area limited to the first floor and
residential units above;
xi)
a
Holding Business District Commercial Special Provision (h. h-100.h(
)•BDC2(**)•D75•H18) Zone, to permit a wide range of commercial uses on the
first floor, with a maximum height of 18 metre and a maximum density of 75
units per hectare, with special provisions to require the
commercial/retail/office uses on the ground floor, to have the primary
entrance for individual tenants oriented toward the primary collector, for a
minimum 2 metres and maximum 4 metres front and exterior side yard setback,
and to require a mixed use building, with 250 m2 maximum
retail/office/commercial floor area limited to the first floor and
residential units above;
xii)
a
Holding Business District Commercial Special Provision (h. h-100.h(
)•BDC2(***)) Zone, to permit a wide range of commercial uses, with special
provisions to require that the lot frontage for the Block is considered to be
along the primary collector, to require the commercial/retail/office uses to
have the primary entrance for individual tenants oriented toward the primary
collector, for a minimum 2 metre and maximum 4 metre front and exterior side
yard setback, and a maximum 3000 m2 retail/commercial/office on
site;
xiii)
a
Holding Business District Commercial Special Provision (h. h-100.h(
)•BDC2(****)) Zone, to permit a wide range of commercial uses on the first
floor, with special provisions to require that the lot frontage for the Block
is considered to be along the primary collector, to require the commercial/retail/office
uses on the ground floor to have the primary entrance for individual tenants
oriented toward the primary collector, for a minimum 2 metres and maximum 4 metres
front and exterior side yard setback, and a maximum 1000 m2
retail/commercial on site;
xiv)
an
Open Space (OS1) Zone to permit conservation lands and works, public and
private parks, and public and private golf courses;
xv)
an
Open Space Special Provision (OS4(*)) Zone, to permit conservation lands and
public parks, with a special provision to permit the lands/area within the
OS4 Zone to be used in the adjacent Residential Blocks (Block 26 and 28) for
the purposes of calculating lot area, density, lot coverage, and landscape
open space;
xvi)
an
Open Space (OS5) Zone to permit conservation land and works;
the following
holding provisions have also been applied:
·
(h)
holding provision - to ensure that there is orderly development through the
execution of a subdivision agreement;
·
(h-100)
-to ensure there is adequate water service and appropriate access, a looped
watermain system must be constructed and a second public access must be
available; and,
·
(h-(
)) - to ensure that development is consistent with the City of London Urban
Design Principles and Placemaking Guidelines, the h-____ shall not be deleted
until urban design guidelines have been prepared and implemented through the
subdivision agreement, to the satisfaction of the City of London;
d)
the
request to amend Zoning By-law No. Z.-1 to change the zoning of the subject
property FROM an Urban Reserve (UR4) Zone TO a Residential R9 Special
Provision (R9-7(*)) Zone and Neighbourhood Shopping Area Special Provision
(NSA5(*)) Zone BE REFUSED for the following reasons:
i)
the
proposed R9-7 Zone and NSA5(*) Zone are not in keeping with the recommended
Official Plan amendments listed in part a), above;
ii)
the
proposed R9-7 Zone would permit apartments at a height and density not in
keeping with surrounding lands uses;
iii)
the
proposed R9-7 Zone does not meet the criteria within the Official Plan as it
is not located near the periphery of the Downtown, is not in proximity to
Enclosed Regional Commercial Nodes, New Format Regional Commercial Nodes or
Community Commercial Nodes, or in proximity to Regional Facilities; and,
iv)
the
proposed NSA5(*) Zone would permit a sizable amount of commercial that is not
in keeping with the policies of the Official Plan, and is not consistent with
the Uplands North Area Plan, and would compete with existing
commercially-designated lands in the immediate vicinity;
e) the
Approval Authority BE ADVISED that, at the Planning and Environment Committee
held with respect to these matters, a request was made to amend Condition 2
of the Draft Plan Approval to provide for a five-year draft approval instead
of three-year, as recommended by staff;
f) the Approval Authority BE ADVISED that the Municipal
Council supports issuing draft approval of the proposed plan of residential
subdivision, submitted by Extra Realty (File No. 39T-09501), prepared by
Zelinka Priamo Ltd., drawing No. SRG/LON/11-01, as red-line
amended, which shows 23 low density blocks, 7 medium density
blocks, 4 commercial blocks, 3 open space blocks, 2 park blocks, 6 walkway
blocks, 1 stormwater management block, as well as several 0.3 metre reserves
and road widenings, all served by one new primary collector, 2 new secondary
collectors, and 4 new local streets, SUBJECT TO the
conditions contained in Appendix "C", as appended to the staff
report dated July 28, 2014 and the adopted Official Plan amendment coming
into effect; and,
g) the
“Estimated Claims and Revenues Report”, provided as Appendix ‘D’ to the
associated staff report, dated July 28, 2014.
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