Agenda Item # Page #

TO:

FROM:

2-6922 I, N.Pasato

CHAIR AND MEMBERS - PLANNING COMMITTEE

R. W. PANZER

SUBJECT: !I GENERAL MANAGER OF PLANNING AND DEVELOPMENT I!

APPLICATION BY: 2022574 ONTARIO LIMITED 23,33,35,41 & 45 WOODWARD AVENUE, AND 201 RIVERSIDE DRIVE

PUBLIC PARTICIPATION MEETING ON

r

Date Application Accepted: June 10, 2005

REQUESTED ACTION: To modify the existing zoning to permit additional building form

Agent: Scott Kapuscinski - Matson, McConnell Ltd.

I __ . . - - . .

MONDAY, AUGUST 22,2005 AT 4:45 P.M. I1 I RECOMMENDATION

The on the recommendation of the General Manager of Planning and Development, based on the application of 2022574 Ontario Inc. (London) relating to the properties located at 23, 33, 35, 41 & 45 Woodward Avenue, and 201 Riverside Drive:

a) the request to amend Zoning By-law No. Z.-1 to change the zoning of the subject lands FROM a Residential R7ICommuntiy Facility 3 (R7.H15/CF3) Zone which permits senior citizen apartment buildings, handicapped persons apartment buildings, nursing homes, retirement lodges, continuum-of-care facilities, emergency care establishments, clinics, in association with other permitted uses, hostels, medicaVdental offices, in association with other permitted uses, nursing homes, personal service establishments, associated with the main permitted use, rest homes, and retirement lodges, TO a Residential R7 Special Provision/Community Facility 3 (R7( ).H15/CF3) Zone to permit “seniors garden suites” as an additional permitted use BE REFUSED; and

b) the attached proposed by-law BE INTRODUCED at the Municipal Council meeting on August 29, 2005 to amend Zoning By-law No. Z.-1 in conformity with the Official Plan to change the definition for “continuum-of-care facility” to add various housing form options for seniors accommodations.

PREVIOUS REPORTS PERTINENT TO THIS MATTER

02-2854 - Planning Committee August 1 1, 1983; OMB decision December, 1983 02-3449 - Council Resolution October 5, 1987 Public site plan meeting before Planning Committee - September 13, 2004

P RATIONALE

1. The change to the “continuum-of-care’’ definition is appropriate as it will allow for seniors accommodations to be provided in various housing forms and provide overall flexibility for seniors accommodations.

L BACKGROUND

I

SCALE: 1:3000 @'dhll SUBJECT SITE

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SITE CHARACTERISTICS:

Shape - rectangular

Current Land Use - vacant and under construction (continuum-of-care facility) Frontage - (Riverside Drive) 80 metres (262.5 feet)

Depth - (Woodward Avenue) 230 metres (754.6 feet)

Area - 2,539 square metres (27,330.5 square feet)

SURROUNDING LAND USES:

South - apartment building

West - single family detached & duplex residential I

North -single family detached residentiallarena and park

East - elementary school, church

OFFICIAL PLAN DESIGNATION: (refer to map on page 4)

Community Facility/ Low Density Residential

EXISTING ZONING: (refer to map on page 5 )

Residential R7ICommuntiy Facility 3 (R7.H15/CF3) Zone which permits senior citizen apartment buildings, handicapped persons apartment buildings, nursing homes, retirement lodges, continuum-of-care facilities, emergency care establishments, clinics, in association with other permitted uses, hostels, medicalldental ofkes, in association with other permitted uses, nursing homes, personal service establishments, associated with the main permitted use, rest homes, and retirement lodges.

lr I1 PLANNING HISTORY I1

The subject site was the location of the Grace Villa Hospital, which was originally constructed in 1893. In 1983, an Official Plan and zoning by-law amendment (02-2854) to permit community institutional uses, including a chronic care geriatric hospital and a nursing home on 201 Riverside Drive was refused by the Ontario Municipal Board. In 1987, an Official Plan and zoning by-law amendment (02-3449) was approved for 201 Riverside, and 19, 23, 27, 31, 33, 35,45 and 49 Woodward Avenue. The result was the approval of the current permitted uses on the site, which includes nursing homes and senior citizens apartment buildings. A minor variance was granted in 1993 (A.385/92) to maintain the private hospital.

In February, 2003 a demolition permit was issued for Grace Villa Hospital. In June, 2004, a site plan was submitted by the new owners of the properties to construct a128 unit, 4-storey, 2,700 square metre (29,063.5 square feet) retirement home (original site plan attached as Appendix A). The public site plan meeting, which was a requirement of the Ontario Municipal Board Hearing in 1987, was held before Planning Committee on September 13, 2004.

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COUNCiL APPROVED ZONING FOR THE SUBJECT SITE: R7*Hi51CF3, CFiICF2 OR - OFFICERESIDENTIAL

1) LEGEND FOR ZONING BY-LAW 2-1 OC -OFFICE CONVERSION RO - RESTRICTED OFFICE OF -OFFICE

RF -REGIONAL FACILITY CF ~ COMMUNIM FACILITY NF ~ NEIGHBOURHOOD FACILITY HER - HERITAGE DC -DAYCARE

OS -OPEN SPACE CR -COMMERCIAL RECREATION

R1 -SINGLE DETACHED DWELLINGS R2 - SINGLE AND lW0 UNIT DWELLINGS R3 -SINGLE TO FOUR UNIT DWELLINGS R4 - STREET TOWNHOUSE R5 - CLUSTER TOWNHOUSE R6 - CLUSTER HOUSING ALL FORMS R7 - SENIOR'S HOUSING RE - MEDIUM DENSTTY/LOW RISE APTS. R9 - MEDIUMTO HIGH DENSITYAPTS. R10 -HIGH DENSITY APARTMENTS R11 -LODGING HOUSE

OB -OFFICE BUSINESS PARK LI -LIGHT INDUSTRIAL GI -GENERAL INDUSTRIAL HI - HEAW INDUSTRIAL EX - RESOURCE OCTRACTIVE UR -URBAN RESERVE

"h' ~ HOLDING SYMBOL 'D" - DENSITY SYMBOL "H" ~ HEIGHT SYMBOL "8' -BONUS SYMBOL "T" -TEMPORARY USE SYMBOL

DA - DOWNTOWN AREA RSA - REGIONAL SHOPPING AREA CSA - COMMUNITY SHOPPING AREA NSA - NEIGHBOURHOOD SHOPPING AREA BDC -BUSINESS DISTRICT COMMERCIAL AC -ARTERIAL COMMERCIAL HS -HIGHWAY SERVICE COMMERCIAL RSC - RESTRICTED SERVICE COMMERCIAL CC -CONVENIENCE COMMERCIAL SS -AUTOMOBILE SERVICE STATION ASA -ASSOCIATED SHOPPING AREA COMMERCIAL

FOR TOWNSHIP ZONES PLEASE SEE THE RELEVANT ZONING BY-LAW FORA DESCRIPTION OF REGULATIONS

CITY OF LONDON FILE N O I 2-6922 NP MAP PREPARED:

DEPARTMENT OF PLANNING AND DEVELOPMENT

ZONING BY-LAW NO. 2.-I

SCHEDULE A

2005 July 22

.Inn himtar.

I " ..," ... "..,I-

THIS MAP IS AN WOFFlClAL MTRACT FROM THE ZONING BY-LAW WITH MDEO NOTATlONS -

Agenda Item # Page #

2-6922 N.Pasato

I SIGNIFICANT DEPARTMENTlAGENCY COMMENTS

Enaineerina & Environmental Services

"The City of London's Environmental and Engineering Services Department offers the following comments with respect to the aforementioned Zoning By-law amendment application.

- The sanitary outlet for the southerly portion of the site is the sanitary sewer on Riverside Drive.

The sanitary outlet for the northerly portion of the subject lands is the sanitary sewer on Woodward Avenue. The developer's consulting engineer must study the sanitary sewer on Woodward Avenue to ensure there is sufficient for the proposed development. It is suggested that a holding provision be placed on the subject lands until such time that sanitary capacity can be confirmed.

.

These, among other engineering and transportation issues will be addressed in greater detail through the site plan approval process, if required."

Umer Thames River Consewation Authority "The Umer Thames River Consewation Authoritv has reviewed the above noted aoofication with regard to policies and regulations made burwant to Section 28 of the Conservation Authorities Act. We have also reviewed the application with regard to the natural hazard policies contained in the Provincial Policy Statement(2005) made pursuant to Section 3 of the Planning Act. We offer the following:

Site Characteristics The subject property is situated on the east side of Woodward Avenue, north of Riverside Drive. The property slopes from west to east towards the Thames River Floodplain known as West London. The applicant is requesting a possible change to the Zoning By-Law by adding 'Seniors Garden Suites" as an additional permitted use, and a possible change to the definition of "Continuum-of-Care Facility".

Leuislation - Conservation Authorities Act The rear Drooertv line is affected bv the ootential Saecial Policv Area known as the 'West London SPA! T i e West London Flood Plain area is'currently biing considered as a Special Policy Area subject to the Provincial Policy Statement on Natural Hazards (Policy 3.1.3, 2005). The UTRCA regulates development within the Registered Fill Lines and Regulatory Flood Plains under Ontario Regulation 170/90 made pursuant to Section 28 of the Conservation Authorities Act, This regulation requires the landowner to obtain written approval from the UTRCA prior to undertaking any filling, grading, excavating and/or construction activity within a regulated area. The City of London and UTRCA have adopted an interim set of policies to deal with proposed land use changes and development in potential Special Policy Areas. A copy of the interim set of policies is attached. The intent of the interim policies is to maintain the "status quo" in terms of land use in the neighbourhoods so that the final outcome of the special policy area review is not compromised. At present time, the West London Special Policy Area has not been approved by the Province. Once approved, the West London area would be formally recognized as established neighbourhood where the standard two zone flood plain concept could not be reasonably applied. This recognition would allow for the implementation of area specific policies that would help minimize flood impact and permit the upgrading or redevelopment of properties of this area that would not otherwise be permitted under Provincial flood plain policy.

Section 3.1.4 of the Provincial Policy Statement further elaborates on the types of uses not permitted to locate within hazardous lands. Section3.1.4 a) states that 'an institutional use associated with hospitals, nursing homes, pre-school, school nurseries, day care and schools where there is a threat to the safe evacuation of the sick, the elderly, persons with disabilities or the young during an emergency as a result of flooding, failure of floodproofing measures or protection works, or erosion'.

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Agenda Item # Page #

WBLIC JAISON:

2-6922 N.Pasato

On June 22, 2005, 119 letters were sent to all landowners within 120 m of the property. Living in the City notice was published on June 25,2005.

2 replies received.

Provincial Policv Statement - Natural Hazards The rear of the property is also affected by a slope hazard or “erosion zard“ as defined in the definition section of the Provincial Policy Statement (2005). The erosion hazard, also referred to as the 700 Year Erosion Limit as defined in Section 15.7.1 of the City of London Official Plan (OPA No. 88), associated with the Thames River. The extent of the erosion hazard, as indicated on the attached map, has been determined using provincially approved criteria and procedures. New development and site alteration within an erosion hazard is generally restricted in accordance with Provincial and Consetvation Authority hazard land management policies. In areas of existing development, and for new infill development a geotechnical report is generally recommended to assess long-tern slope stability, structural setbacks and proposed construction techniques.

Recommendation To be consistent with Section 3.1.4 of the PPS (2005), we would request that the lands identified floodplain or erosion hazard be zoned Open Space (OS4). The UTRCA has no objection to the proposed addition of “Garden Suites” to the R7 Zone variation and to the change in the definition of “Continuum-of-Care Facility” on the remaining lands. ”

“‘CONTINUUM-OF-CARE FACILITY” means a facility which may include a Senior Citizens hpartment Building, a Nursing Home andlor a Retirement Lodge and may include facilities associated with, and designed specifically to serve, the Senior Citizens Apartment Building, Nursing Home andlor Retirement Lodge such as hospitals, clinics, recreation centres, cafeterias and personal service establishments and may also include independent Senior‘s accommodation in separate structureslliving units that share in services, such as meals, medical care services, or recreation that are provided by the facility”.

Responses: the site plan is deficient in explaining the nature of “garden suite”; no description of height, size, garages or other parking provisions; all rezonings to property should have been done prior to the start of construction and all plans fully disclosed prior to the site plan approval; traffic will increase in this primarily residential area if these “garden suites” are permitted; need precise descriptions of the suites; construction thus far is disruptive; severe grading has been done to the property resulting in water running off onto adjacent properties from the north east side during the winter and water pooling at the east side; would like notification of any construction being done; service to the site required sidewalklroad construction and not properly repaired; questions on access to Woodward Street for nen portion of development - original site plan said “fire route”?; how high can townhomes be?; prefer to see them low-rise i.e. 1-2 storeys maximum; where will parking be for the units?

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Agenda Item # Page #

2-6922 N.Pasato

I1

Subiect Site The subject properties are located on Riverside Drive and Woodward Avenue. A small portion of the property is located within the 1: lOO flood line for the Thames River, and within the West London Special Policy area. The site is being redeveloped for a 128 unit, 4-storey, 2,700 square metre (29,063.5 square feet) retirement home, which is currently under construction.

APDlication for zoning by-law amendment The original site plan. submitted in 2004. DroPosed 17 townhouse-tvoe units on the site. However, due to the wording of the current definition for “continuum-if-care facility”, it was understood that these facilities could only be done as one building type -apartment buildings, with common corridors and common facilities shared amongst the residents.

In order to allow for the building type proposed in the original submission, the property owners have requested a change to the zoning by-law to add a new use (and definition) to the R7 Zone variation. The use and definition which they have proposed - “Seniors Garden Suites” is as follows:

“SENIORS GARDEN SUITES” means a residence providing accommodation primarily for persons or couples over 60 years of age where each private bedroom or living unit has a separate private bathroom and separate entrance.“

Upon further review of the definition, it was felt that the need for a new definition (and use) to the R7 Zone variation would not be necessary; rather, the City should instead review the definition of “continuum of care”, and determine if there is the potential for changes to this definition.

“Continuum-of Care” definition The current definition for housing type under the R7 Zone variation limits the building type to apartment-style residences, with common corridors and facilities. Retirement residences, nursing homes and other seniors-related facilities are being built in the City in increasing numbers. The restrictive nature of the definition only permits one type of housing form (apartment building) to accommodate seniors. However, many different housing forms and variations on senior’s facilities can be sought, such as independent style townhomes and cluster housing, which allow for the seniors to live independently in their own unit, but still partake of the common facilities, such as on-site food preparation, or recreational opportunities. These retirement complexes essentially allow for seniors to transition to the various forms of housing - independent units through to full-scale nursing home - and provide a more flexible approach to seniors care by providing a range of housing options on site. The City recognizes that this appears to be the trend in senior’s accommodations, and thus, is proposing a general definition change to “continuum-of-care facility” which would allow for various housing forms under the zoning by-law. The proposed change is as follows:

““CONTINUUM-OF-CARE FACILITY“ means a facility which may include a Senior Citizens Apartment Building, a Nursing Home and/or a Retirement Lodge and may include facilities associated with, and designed specifically to serve, the Senior Citizens Apartment Building, Nursing Home and/or Retirement Lodge such as hospitals, clinics, recreation centres, cafeterias and personal service establishments and mav also include indeoendent Senior‘s accommodation in seoarate structureMivincr units that share in services, such as meals, medical care services. or recreation that are Drovided bv the facility.”

Issues raised throunh arocess Several area residents provided comment with regards to the site plan itself, such as access to the site, location of parking, potential traffic generation and height of additional housing. These issues shall be addressed through the public site plan meeting, which is scheduled to occur as well on August 22.

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Agenda Item # Page #

2-6922 N.Pasato

A portion of the property appears to have the potential for methane contamination (eastern edge of property). Through any application for seniors housing, the Ministry of Health requires a record of site condition prior to licensing of the facility. Therefore, any potential for methane and related cleanup will need to be addressed prior to issuance of the license.

The Upper Thames River Conservation Authority provided comment with respect to the portion of the property located within the floodplain of the Thames Rives. Since the proposed site plan shows the development outside of this erosion/floodplain area, and since the proposed amendment deals with a broad definition change, and not specific to this subject site, it is determined that no change to the zoning is required at this time. A review of the extent of the floodplain/erosion on this and neighbouring properties may be undertaken to determine the appropriateness of applying an OS4 Zone.

CONCLUSION

The proposed zoning change is appropriate and will allow for seniors accommodations to be provided in various housing forms.

11 GENERAL MANAGER OF PUNNING AND DEVELOPMENT I1 August 5,2005 N P/. . . . . . . ‘“Attach”

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Agenda item # Page #

2-6922 N.Pasato

Responses to Public Liaison Letter and Publication in “Living in the City”

TeleDhone Written

Beryl & Victor Petk 46 Woodward Avenue

Sylvia Ancvirs 17 Woodward Avenue (also written)

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Agenda Item # Page #

2-6922 N.Pasato

Bill NO. (number to be insetted by Clerk's Ofice) 2005

By-law NO. Z.-f-O5(nurnber to be inserled by Clerk's Ofice)

A by-law to amend By-law No. Z.-1 to change the definition for "CONTINUUM- OF-CARE FACILITY".

WHEREAS it appears appropriate to change the definition of "CONTINUUM-OF- CARE FACILITY", as set out below;

AND WHEREAS this rezoning conforms to the Official Plan,

THEREFORE the Municipal Council of The Corporation of the City of London enacts as follows:

1) Section 2 (Definitions) to By-law No. Z.-1 is amended by deleting the following definition:

"CONTINUUM-OF-CARE FACILITY" means a facility which may include a Senior Citizens Apartment Building, and/or a Nursing Home and may include facilities associated with, and designed specifically to serve, the Senior Citizens Apartment Building andlor Nursing Home such as hospitals, clinics, retirement lodges, recreation centres, cafeterias and personal service establishments.

97)

2) Section 2 (Definitions) to By-law No. 2.-1 is amended by adding the following definition:

"CONTINUUM-OF-CARE FACILITY" means a facility which may include a Senior Citizens Apartment Building, a Nursing Home and/or a Retirement Lodge and may include facilities associated with, and designed specifically to serve, the Senior Citizens Apartment Building, Nursing Home and/or Retirement Lodge such as hospitals, clinics, recreation centres, cafeterias and personal service establishments and may also include independent Senior's accommodation in separate structureslliving units that share in services, such as meals, medical care services, or recreation that are provided by the facility.

The inclusion in this By-law of imperial measure along with metric measure is for the purpose of convenience only and the metric measure governs in case of any discrepancy between the two measures.

This By-law shall come into force and be deemed to come into force in accordance with subsection 34(21) of the Planning Act, R.S.O. 1990, c. P.13, either upon the date of the passage of this by-law or as otherwise provided by the said subsection.

97)

PASSED in Open Council on August 29,2005.

Anne Marie DeCicco Mayor

Kevin Bain City Clerk

First Reading - August 29, 2005 Second Reading -August 29,2005 Third Reading - August 29, 2005

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Sylvia Ancvirs 17 Woodward Ave. London, On. N6H 2G6

July 18,2005

Nancy Pasato 300 Dufferin Avenue, London, Ontario N6A 4L9

npasato@london.ca

Dear Nancy:

First I’d like to tha& you for sending a copy of the “Garden Suite’’ portion of the site plan of File Z- 6922-201 Riverside Drive. As you explained to me on the telephone the site plan is quite deficient in explaining the nature of a garden suite. There is no description of height, size, garages or other parking provisions. This property was rezoned from residentiaVrecreationa1 to major institutional on September 28, 1987. It was sold and purchased as such and 6 residential buildings were demolished and construction began in 2004. If rezoning were required it should have been done prior to the start of construction and all plans fully disclosed prior to the site plan approval.

At the Planning Committee meeting on September 13,2004 the architect of the project, in response to neighbourhood concerns about creating a new traffic conduit from Riverside Dr. alongside residential properties and exiting onto Woodward Ave. stated the resulting traffic would be no greater than that created by the 6 residential buildings to be demolished. Unfortunately the public were not allowed to rebut this at the best nalve at the worst deceitlid statement. My concern is that traffic will increase in this primarily residential area if these “garden suites” are permitted and it would certainly be imprudent to approve this zoning without precise descriptions of the suites.

I realize that all construction is disruptive but I have concerns about the manner in which this project has been managed thus far. Severe grading has been done to the property resulting in water running off onto my property from the north east side during the winter and water pooling at the east side. I would also appreciate notice of work to be done that might bring branches and sawdust down onto my property and motor vehicle. To establish service to 201 Riverside Dr. the road and sidewalk were torn up with the surface of the road repaired in such a rutted manner that it must have generated complaints as it has finally been remedied. The sidewalk however remains tom up and umepaired. There are a number of handicapped individuals who reside in the Chenyhill complex as well as the Walnut St. apartments who must fmd this very disruptive.

I wish my comments be appended to the staff report.

Sincerely,

Sylvia Ancvirs

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