Recommendation: That, on the
recommendation of the Managing Director, Planning and City Planner, the
following actions be taken in response to the letter of appeal to the Ontario
Municipal Board, dated June 13, 2014 and submitted on the basis of
non-decision by Council within 120 days, by Alan Patton of Patton Cormier
& Associates on behalf of Bluestone Properties Inc. relating to the
Zoning By-law Amendment portion of application No. OZ-8003 concerning 450
Oxford Street West:
a) the
Ontario Municipal Board BE ADVISED that the Municipal Council
recommends that Zoning By-law Z.-1 BE AMENDED in accordance with the Official
Plan appended as Appendix “A” to the staff report dated August 26, 2014, to
change the zoning of the subject property FROM a Restricted Office/Day Care
(RO2/DC) Zone and an Open Space (OS4) Zone TO a Holding Office Special Provision
(h-___*OF4( )) Zone;
b) the
Ontario Municipal Board BE ADVISED that the Municipal Council recommends that
the request to amend Zoning By-law No. Z.-1, to change the zoning of the
subject property FROM a Restricted Office/Day Care (RO2/DC) Zone and an Open
Space (OS4) Zone TO an Office Special Provision (OF4( )) Zone, BE REFUSED for
the following reason:
i) a
holding provision is recommended in addition to the zone requested, as part
of the regulatory tools to ensure it is clear that the proposed development
is subject to possible future limitations on the developable area of the land
posed by flood limits to be approved by the Upper Thames River Conservation
Authority, and its consideration of a possible fill permit application;
c) the
Ontario Municipal Board BE ADVISED that the Municipal Council recommends that
the Site Plan Approval Authority BE REQUESTED to consider the following
design, transportation and environmental issues through the site plan
process:
i) maintain
the applicant’s proposed design intent of locating the building towards the
streets’ intersection with parking in the rear, subject to any Upper
Thames River Conservation Authority fill restrictions, to promote active
street frontages;
ii) maintain
the applicant’s intent to choose higher quality building materials, such as
masonry, to enhance the design of the building;
iii) further
enhance the building’s entrance at the intersection of Oxford Street West and
Proudfoot Lane to better demarcate the public entrance; it being noted that
this could be done by extending the circular form to grade and/or using a
wrap-around canopy above entry doors; if being further noted that the cornice
can also be strengthened in this location;
iv) provide
a plaza at the corner to help enhance both the private and public space;
v) provide
additional entry points along the street to help articulate the building’s
design, respond to the pedestrian realm and transit users’ needs, and promote
retail occupancy at-grade;
vi) include
street trees along both Oxford Street West and Proudfoot Lane to reinforce
the façade design rhythm along the street; it being noted that these trees
should be located as part of the right-of-way boulevard;
vii) use
landscape islands to break up the extent of asphalt parking lot and long
drive aisles, increase sustainability and provide stormwater management
opportunities; also, consider the use of pervious materials such as pervious
pavers to facilitate stormwater management;
viii) locate
bicycle parking opportunities near building entrances to encourage
multi-modal transportation opportunities;
ix) provide
appropriate and safe vehicular access locations and turning movement
restrictions;
x) ensure
the site design accommodates current and future bus bay requirements of the
London Transit Commission; and,
xi) implement
the accepted Environmental Impact Statement (Dillon Consulting Ltd., July 27,
2012);
d) the
Ontario Municipal Board BE ADVISED that the Municipal Council resolved that, upon the completion
of the Mud Creek Subwatershed Study Update and the provision of revised
floodlines by the Upper Thames River Conservation Authority to the City, the
Civic Administration BE DIRECTED to bring forward any required amendments
to the Official Plan and the Z.-1 Zoning By-Law to implement the revised
floodlines as approved by the Upper Thames River Conservation Authority; it
being noted that an Open Space designation and an Open Space (OS4) Zone
variation could be applied to a portion of these lands; and,
e) the
City
Solicitor BE REQUESTED to retain outside expert witnesses in support of
Council’s position as needed. (2014-D14)
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