That, on the recommendation of the Acting Manager, Planning Implementation, the following actions be taken with respect to the application by LJM Developments, relating to the property located at 400 Southdale Road East:
a) the proposed by-law appended to the staff report dated July 26, 2021 as Appendix “A” BE INTRODUCED at the Municipal Council meeting to be held on August 10, 2021 to amend the 1989 Official Plan to ADD a policy to Section 10.1.3 – “Policies for Specific Areas” that would modify the ‘Neighbourhood Commercial Node’ designation to permit residential units on the ground floor and an increased density of 462 units per hectare on the subject lands located at 400 Southdale Road East;
b) the proposed by-law appended to the staff report dated July 26, 2021 as Appendix “B" BE INTRODUCED at the Municipal Council meeting to be held on August 10, 2021 to amend The London Plan to create a special policy area in the Neighbourhoods Place Type at 400 Southdale Road East to permit an apartment building with residential uses on the ground floor, a height of 7-storeys (29.2m including the mechanical penthouse) and a density of 462 units per hectare and by ADDING the subject lands to Map 7 – Specific Policies Areas – of The London Plan;
c) the proposed revised, attached, by-law (Appendix "C") BE INTRODUCED at the Municipal Council meeting to be held on August 10, 2021 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan as amended in parts a) and b) above), to change the zoning of the subject property FROM a Service Station (SS2) Zone TO holding Residential R9 (h-5*R9-1*B- ) Zone;
it being noted that the following Site Plan matters have been raised through the application review process to be addressed through the Site Plan Approval process:
i) enhanced provision of boundary landscaping and board on board fencing along boundaries that not only exceed the standards of the Site Plan Control By-law but also has screening/privacy qualities;
ii) consideration of more surface parking for visitors; and,
iii) address an existing license agreement and the existing private sanitary sewer and PDC that bisects the subject property that services adjacent lands, namely servicing in favor of 456 Southdale Road East, through updates to the Sanitary Study and through detailed design that ensures this existing service in favour of the adjacent lands will be maintained or rerouted and uninterrupted connecting to the municipal sewer on Dundalk. A clause in the future development agreement will be included regarding an easement agreement between 400 Southdale Road East and 456 Southdale Road East and all servicing details are to be included in the engineering site servicing drawings;
d) the Bonus Zone shall be enabled through one or more agreements to facilitate the development of a high quality residential apartment building, with a maximum height of 7-storeys with mechanical penthouse, 181 dwelling units and a maximum density of 462 units per hectare, which substantively implements the Site Plan and Elevations appended to the staff report dated July 26, 2021 as Schedule “1” to the amending by-law in return for the following facilities, services and matters:
A) Exceptional Building Design
the building design shown in the various illustrations contained in Schedule “1” of the amending by-law is being bonused for features which serve to support the City’s objectives of promoting a high standard of design;
i) the building oriented to the corner of Southdale Road East and Dundalk Street providing a well-defined built edge and creating a positive public interface and human scale at street level;
ii) the inclusion of building step backs, from 7-storeys to 6-storeys and 5-storeys with a variety of building materials and building articulation to break up the massing of the building; and,
iii) purpose-designed amenity space on top of the apartment building and/or parking structure;
B) Underground Parking
C) Provision of Affordable Housing by requiring that LJM Developments enter into an agreement with the Corporation of the City of London (“the City”) to facilitate the transfer of ownership at no cost of four (4) new one-bedroom condominium units constructed within the development for the purposes of affordable housing, in a form prescribed by the City;
it being noted that a future development agreement will provide for the four new one-bedroom units and will include the following through further agreements as necessary:
• assurances of the specific location, size, fixtures, and features of the bonus units are defined as to the City’s satisfaction. This includes any common and general attributes, (such as storage lockers, parking, or other building resident amenities) for each bonus unit;
• a purchase agreement, inclusive of securities as applicable, reflecting the process for the no-cost transfer of the 4 new one-bedroom units and any associated services and features upon condominium plan registration, in a form satisfactory to the City; and,
• confirmation that the associated condominium declaration and by-laws shall in no way limit the use and function of the units for affordable rental housing in accordance with applicable residential rental laws;
it is further recognized that, upon ownership, the City will retain and maintain the units within the function and business of affordable rental housing as managed through the City’s Housing Stability Services. The City, as owner, would therefore be required to address costs associated with condominium and other standard fees. These factors have been considered within the bonus provisions and will be subject to separate reporting and details;
d) pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, c. P.13, as determined by the Municipal Council, no further notice BE GIVEN in respect of the proposed by-law as the recommended zoning implements the same range of uses for which public notification has been given albeit at a lower intensity;
it being noted that the Planning and Environment Committee reviewed and received the staff presentation with respect to these matters;
it being pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions regarding these matters;
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, 2020, which encourages the regeneration of settlement areas and land use patterns within settlement areas that provide for a range of uses and opportunities for intensification and redevelopment. The PPS directs municipalities to permit all forms of housing required to meet the needs of all residents, present and future;
• the recommended amendment conforms to the in-force policies of The London Plan, including but not limited to the Key Directions;
• the recommended amendment conforms to the in-force policies of the 1989 Official Plan, including but not limited to the Neighbourhood Commercial Node;
• the recommended Zoning By-law amendment conforms to the policies of The London Plan and 1989 Official Plan upon approval of the recommended amendment.
• the recommended amendment facilitates the development of a site within the Built-Area Boundary and Primary Transit Area; and,
• the recommended amendment facilitates the development of four (4)affordable housing units that will help in addressing the growing need for affordable housing in London. The recommended amendment is in alignment with the Housing Stability Action Plan 2019-2024 and Strategic Area of Focus 2: Create More Housing Stock. (2021-D09)