ON MARCH AT Pcouncil.london.ca/CouncilArchives/Agendas/Planning...Mar 01, 2010 · On December 21,...

Agenda Item # Page #

FROM:

2-7737

R. W. PANZER GENERAL MANAGER OF PLANNING AND DEVELOPMENT

ll SUBJECT: I ll

APPLICATION BY: 2204907 ONTARIO INC. 637 DUNDAS STREET

PUBLIC PARTICIPATION MEETING ON MARCH 1. 2010 AT 4:40 P.M

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I RECOMMENDATION I1 That, on the recommendation of the General Manager of Planning and Development, based on the application of 220497 Ontario Inc. relating to the property located at 637 Dundas Street the attached proposed by-law BE INTRODUCED at the Municipal Council meeting on March 8, 2010 to amend Zoning By-law No. Z.-1 in conformity with the Official Plan to change the zoning of the subject lands FROM a Business District Commercial Special Provision (BDC (17)) Zone which permits many commercial uses and permits apartment buildings with residential uses on the second floor and above with a maximum height of 12 metres (approx 3 storey's) TO a Business District Commercial Special Provision Bonus (BDC (1 7yB-C)) Zone which permits a base zone that allows for commercial uses and permits apartment buildings with residential uses on the second floor and above with a maximum height of 12 metres (approx 3 storey's) but prohibits commercial parking lots and structures and accessory parking lots fronting on Dundas Street, and within 15 metres of Dundas Street and uses with drive-through facilities. The bonusing provision would permit a density on the site of 280 units per hectare (72 senior residential units), a height of 30 metres (9 storeys) maximum and a maximum east interior side yard setback of 7.5m and a maximum west interior side yard setback of 21m to the 9 storey senior citizen apartment building in exchange for constructing a building which is in accordance with the illustration included as Appendix " B of this report. The building to be constructed includes design features such as;

Residential uses will be located behind the commercial building that fronts Dundas Street and above street grade in the new structure Creation of a street wall that enhances the pedestrian experience by creating building elements that are at a human scale, Provides a "good fit" within the streetscape by recognizing the scale, massing, architectural character of the existing storefront character and other design considerations Diversity of material types, which creates an enhanced pedestrian environment. lnfilling of Dundas Street Corridor with commercial at grade use.

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IT BEING NOTED that site plan approval is required and the bonus provisions of the attached by-law will be implemented through a development agreement between the City and the applicant.

PREVIOUS REPORTS PERTINENT TO THIS MATTER

May, 1998, the Mayor's Task Force on Old East London- Final Report to Council April 2003, Planners Action Team (PACT) - "Re-establishing Value- A Plan for the Old East Village". November 2004-Old East Village Corridor Community Improvement Area (CIP), including Official Plan and Zoning By-law Amendments. April 2008- Expansion of the Old East Village Corridor Community Improvement Plan.

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LOCATION MAP Subject Site: 637 Dundas St Applicant: 2204907 Ontario Inc File Number: 2-7737 Planner: Craig Smith Created By: Craig Smith Date: 2009-12-18 Scale: 1:2500

Corporation of the City of London Prepared By: Planning and Development

LEGEND Subject Site Parks

k* Assessment Parcels Buildings Address Numbers

0


Date Application Accepted: December 18, 2009

2-7737 J. C. Smith

Agent: Gregory Playford

PURPOSE AND EFFECT OF RECOMMENDED ACTION

The purpose and effect of this zoning change is to permit residential intensification in the form of a 3 storey commercial at grade building with residential units above fronting Dundas Street and a 9 storey apartment building with a total of 72 senior residential dwelling units on the property (280 units per hectare) and a maximum height of 30 meters (9 storey's)

1. The proposed amendment is consistent with the PPS in that it encourages infill and intensification and the effective utilization of existing infrastructure

2. The proposed amendment is consistent with the City of London Official Plan policies of the Old East Village and the Old East Village Community Improvement Plan.

3. The proposed amendment will allow for the development of 72 residential units and at grade commercial development on Dundas Street which will significantly contribute to revitalization of the Old East Village.

4. The proposed development will be "locked in" through the a bonus zone which ensures the building form and design will allow the proposed building to fit well within the surrounding built form, will enhance the existing commercial store frontages and will represent design excellence in London

SITE CHARACTERISTICS:

Frontage -33.9 metres

Depth - 55.8 metres

Current Land Use -Vacant Commercial uses

Area - 1894 square metres

Shape - rectangular

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OFFICIAL PLAN DESIGNATION: (refer to map on page 5)

Main Street Commercial, Specific Policy, Old East Village Core

, EXISTING ZONING: (refer to map on page 6 ) Business District Commercial Special Provision (BDC (17)) Zone.

2-77: J. C. Smil

SURROUNDING LAND USES:

North - Old East Village Commercial Corridor

South - Tolpuddle Housing Co-operative

East - Old East Village Commercial Corridor

West - Old East Village Commercial Corridor

PLANNING HISTORY Tne Old East V llaae area has been the focus of numerous stud es lnclmna the 1998 Mavor s Task Force on Ol iEast London and the report "Re-establishing Value-A Pian for the Old East Village" prepared by the Planners Action Team in 2003. In November 2004, Council adopted Official Plan Policies and Zoning By-law amendments to establish an Old East Village Community Improvement Plan Area. The Old East Village is divided into four separate areas, being the Village Core, the Village Annex, the Area of Transition and the Entertainment and Recreation Zone. This property is located in the Village Core Area.

SIGNIFICANT DEPARTMENTlAGENCY COMMENTS

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

EESD will require a sanitary capacity analysis to be completed by the applicant's Professional Engineer, all to the satisfaction of the City Engineer, and at no cost to the City, prior to acceptance of this rezoning. The completed analysis is to be submitted to the attention of Patricia Lupton of the Wastewater and Drainage Engineering Division. This is required due to the increase units per hectare 280 units per hectare by way of the bounce provision which also revises the maximum building height to 30 metres.

EESD notes that the new Zoning by-law permits the apartment building to be constructed with no parking being provided, but prohibits commercial parking lots, structures, accessory parking lots fronting or within 15 metres of Dundas Street and uses with drive-through facilities. There is a City metered parking lot nearby that provides for monthly parking. We have no objections to this application.

These comments among other engineering and transportation issues will be addressed in greater detail when, and i t these lands come in as a consent application, plan of subdivision or for site plan approval.

A subsequent email from EESD on February 16, 2010 states: The Wastewater Division has concluded that there is sufficient sanitaw caoacity for the orooosed develooment. The outlet for the subject lands is either the municipal 200mm sanitary sewer on Dundas Street or the 200mm sanitaty sewer on Marshall Streef. A connection to the relief sewer on Dundas Street is not acceptable.

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Legend Downtown Area Office Area

Regional Shopping Area Office/Resdential

Community Shopping Area

Neighbourhocd Shopping Area General Industrial

Associated Shopping Area Commercial

Office Business Park

Light industrial

~::q Business District Regional Facility

Arterial Mixed Use Distlict

Hghway Service Commercial open Space

RestrictedlHighway Service Commercial

Restricted Service Commercial

Commercial Policy Area Rural Settlement

Community Facility

Urban Reserve -Community Growth

Urban Reserve - Industrial Growth

:::: Multi-Family, High Density Resdential

c] Low Density Residential

Environmental Review

Multi-Family, Medium Density Residential Mriculture

U r n . Urban Growth Boundary mi$ b an excI)Ipt horn tho Uannrog D~V~YOO'S wMnp C M s Q i i i a i M

Department of PLANNER JCS

Scale 1:30,000 TECHNICIAN: CMH Planning and Development

OFFICIAL PLAN SCHEDllLE A -LAUDUSE- m I _ 1-

DATE: FEBRUARY 17 201 PREPARED BY CSaphlCLi ma inwmam SBMW

COUNCIL APPROVED ZONING FOR THE SUBJECT SITE: BDC (17) OR - OFFICE/RESIDENTIAL OC -OFFICE CONVERSION RO - RESTPICTED OFFICE OF -OFFICE

1) LEGEND FORZONING BY-UWZ-1

R1 -SINGLE DETACHED DWELLINGS R2 - SINGLE AND lW0 UNIT DWELLINGS R3 - SINGLE TO FOUR UNIT DWELLINGS R4 - STREETTOWHOUSE R5 - CLUSTER TOWNHOUSE R6 -CLUSTER HOUSINGALLFORMS R7 -SENIORS HOUSING R8 - MEDIUM DENSlTYlLOW RISEAPTS. R9 - MEDIUM TO HIGH DENSITYAPTS. R10 -HIGH DENSITYAPARTMENTS R11 -LODGING HOUSE

DA - DOWNTOW AREA RSA - REGIONALSHOPPINGAREA CSA . COMMUNITY SHOPPING AREA NSA - NEIGHBOURHOOD SHOPPINGAREA BDC . BUSINESS DISTRICT COMMERCIAL AC -ARTERIAL COMMERCIAL HS - HIGHWAY SERVICE COMMERCIAL ~~ ~

R k - R k R l C f E D SERV CE COMMERCIAL CC - COhVEh ENCECOMMERCIA- SS .AUTOMOBILE SERV,CE STAT80h AS4 .ASSOCIATED SnOPPING AREAC0MMERC.A-

2) ANNEXED AREA APPEALED AREAS

RF - REGIONALFACILITY CF .COMMUNITY FACILITY NF . NEIGHBOURHOOD FACILITY HER - HERITAGE DC -DAYCARE

OS -OPEN SPACE CR - COMMERCIAL RECREATION ER . ENVIRONMENTAL REVIEW

08 -OFFICE BUSINESSPARK LI -LIGHT INDUSTRIAL GI - GENERAL INDUSTRIAL HI - HEAVY INDUSTRIAL EX -RESOURCE EXTRACTIVE UR . URBAN RESERVE

AG -AGRICULTURAL AGC -AGRICULTURAL COMMERCIAL RRC - RURALSETTLEMENT COMMERCIAL TGS -TEMPORARY GARDEN SUITE RT - RAILTRANSPORTATION

"h" -HOLDING SYMBOL " D -DENSITY SYMBOL "W -HEIGHT SYMBOL "B' -BONUS SYMBOL '7" . TFMPORARV llSF SYMBOL

FILE NO I 2-7737 JCS CITY OF LONDON I DEPARTMENT OF PLANNING AND DEVELOPMENT MAP PREPARED. 2010 Feb 17 CMH

1 : 3,000 0 15 30 60 90 120

-Meters

e ZONING

SCHEDULE A

BY-LAW NO. 2.-I

mis MAPISAN UNOFFICIALEXTFACT FROM THEZONING B Y - m w m r n ~ c n ~ ~ NOTATIONS

Page #

PUBLIC LIAISON:

Agenda Item #

On December 21, 2009 public notice was sent to all 0 public reply landowners within 120m of the property and on December has been 26, 2009 notice was published in the Living in the City. received

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2-7737 J. C. Smith

Urban Desian Peer Review Panel (UDPRP) The proposed development was reviewed by the UDPRP on January 20, 2010. The Panel provided the following comment:

The UDPRP is supportive of the project because it is a positive step in the evolutionary redevelopment of Dundas Street East. The UDPRP offers the following additional comments:

Improvements should be made to the on grade connection from the apartment building to Dundas Street. As shown it appears to be a tight park and rather nasty space. There does not appear any useful/out door space for the apartment residents.

The Old East Villaae Business Improvement Area (OEV BlA) On Februarv 2. 2010 the Old East Villaae Business Improvement Area held an Open House. The purpose of the Open House was to Give interested and affected individuals an'opportunity to learn more about the proposed residential and commercial development for 637 Dundas Street.

The OEV BIA report submitted February 8, 2010 following and summarizing the Open House, states: We are asking the Planning Committee to support the proposed zoning change with a request to Westany Holdings to review this report. The purpose of the review will be to ascertain the possibility of making further minor modifications to the development or provide further information that would address community comments and concerns.

A full copy of the report is attached as Appendix "A.

London Transit Commission London Transit sum~orts infill and intensification within the existinu service area. There is

II 11 Responses: No public response was received.

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ANALYSIS Existinq Conditions The property is a through-lot and has lot frontages of approximately 33.9m on Dundas Street and Marshall Street. The property is approximately 1894m2 in size. Currently on the property is a vacant commercial building (the former Hudson's and Centretown Mall). A surface parking lot exists on the east side of the lot. (See attached photos)

Nature of AaDlication The applicant proposes to construct two buildings on the site. The proposed zoning amendment will allow:

1. 72 residential units; 2. 3 storey building with commercial at grade and residential units above fronting Dundas

Street 3. 9 storey senior citizen apartment building fronting onto Marshall Street 4. Pedestrian accesses through the site to Dundas Street. 5. Removal of surface parking along Dundas Street

Dundas Street Frontaqe (existinq)

Marshall Street Frontage (existins)


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2-7737 J. C. Smith

Proposed Landscape Plan

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Description of Design The proposed amendment is to allow the development of two buildings with 72 residential units and to provide commercial development at grade that fronts onto Dundas Street. The proposed development will provide:

A three storey building on Dundas Street which will fill the "gap" in the commercial corridor. A three storey building with a strong store front presence at grade that enhances the pedestrian realm along Dundas Street. A three storey building with commercial at grade and two storeys of residential above the commercial units, providing eyes on Dundas Street. A diversity of building materials that enhance and "fit" the existing development in the area. A 9 storey residential building fronting onto Marshal Street providing "eyes" on the street, further enhancing the feeling of safety in the area. Pedestrian access to utilize the existing transit corridor along Dundas Street. Enhanced landscaping along the Marshall Street frontage.

i.)

ii.)

iii.)

iv.)

v.)

vi.) vii.)

Provincial Policy Statement (PPS) The PPS promotes and directs efficient land use and development patterns. The proposed development is consistent with Section 1 .O Building Strong Communities and Section 3.0 Protecting Public Health and Safety as it:

1 provides for intensification 1 provides for redevelopment 1 efficiently utilizes existing infrastructure 1

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9 promotes a healthy community

provides for a mix of commercial and residential uses efficiently uses land and resources in the City of London provides for the utilization of the existing public transit systems; and

Official Plan Policy The proposed amendment will allow a development that is consistent with Official Plan Policies:

Section 2.4 Citv Structure Policies The site is located within the Old East Village Core, and is appropriate for conversion and redevelopment to commercial and residential to support the Old East Village commercial corridor. The proposed development promotes a compact urban form and efficient use of serviced land. The proposed high density development maximizes the use of existing services, is conducive to the provision of the existing Dundas Street public transit corridor and minimizes the need for and cost of new infrastructure. The proposed amendment will allow a development that provides for residential and commercial development that infills and intensifies the lands at an appropriate scale.

Section 2.9 Enerav Conservation Policies The proposed development encourages a denser contiguous development: in an existing built up area and promotes the efficient use of existing infrastructure.

The proposed development is located in close proximity to the Dundas Street public transit corridor providing transportation alternatives to the automobile.

Section 2.1 1.3 TransDortation Planninq The proposed development provides for a dense form of residential development that utilizes existing transit infrastructure.

Promotes and supports the existing public transit corridor. Provides a transit friendly compact development with pedestrian linkages to the Old East Village commercial corridor.

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2-7737 J. C. Smith

Section 4.4 Business District Policies Residential uses in the two proposed new buildings with commercial uses at grade along Dundas Street in the Old East Village commercial corridor are permitted uses in the Business District Area designation. The proposed commercial building on Dundas Street will be located at the street line and infill's an existing "gap" in the Old East Village commercial corridor providing a contiguous pedestrian commercial streetscape.

Section 4.4.8 Old East Villaae The Old East Village is divided into four separate districts being the Village Core, the Village Annex, the Area of Transition and the Entertainment and Recreation Zone. The proposed development is located in the Village Core. Section 4.4.8 of the Official Plan states that the intent of the Village Annex is to provide for development of densities which:

The Old East Village Corridor is located along Dundas Street between Charlotte Street and Adelaide Street. Historically, this area has served as a commercial focal point for the surrounding neighbourhood - which was once the Town of East London. While the role of the corridor has diminished since the 1980's, it is the intent of this Plan to encourage the revitalization of this corridor. Development of a scale which exceeds the existing built form in the Village Core will require a zoning amendment and such amendments will only be permitted where the proposed development supports a continuous commercial streetscape and incorporates buildings which are important to the streetscape. Applications for rezoning to support large scale development will be required to show how the proposed development represents a 'Qood fit" within the streetscape - recognizing scale, massing, architectural character, storefront characteristics and other design considerations. New, at grade parking lots will be prohibited fronting Dundas Street, and non-commercial uses which disrupt the continuity of the commercial corridor at street level will be discouraged. Residential uses will only be permitted on the ground floor at the rear of buildings and will be permitted above street grade in existing and new structures. Uses will be supported at grade which contribute to a continuous pedestrian-oriented commercial streetscape.

The proposed development conforms to these policies by: o Providing a continuous commercial streetscape. o Providing a development that represents a "good fit" within the streetscape o Recognizing the existing scale, mass, architectural character, and storefront

characteristics of the existing commercial uses. o Adding 72 residential units located at the rear or above the street grade of

commercial building on Dundas Street. o Removing at grade parking fronting onto Dundas Street providing for the continuity of

the commercial corridor at street level o Providing for a quality form of design that enhances the surrounding area. o Providing a pedestrian oriented development and utilizes existing public transit. o Revitalizes the corridor

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2-7737 J . C. Smith

Elevations Dundas Street

1

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2-7737 J. C. Smith

Dundas Street Perspective

Elevation Marshall Street

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2-7737 J. C. Smith

Council Initiatives to Revitalize the Old East Villaae The report prepared by the Planners Action Team in 2003 "Re-establishing Value-A Plan for the Old East Village" indicated the need to provide residential development to support the Old East Village Corridor. The report also recommended that the Old East Village commercial corridor needs to be pedestrian oriented and have a contiguous commercial streetscape to support a pedestrian environment. The proposed development will provide a residential population to support the Old East Village commercial corridor and will strengthen the pedestrian oriented commercial streetscape.

In 2004 Municipal Council adopted policies to create the Old East Village Corridor Community Improvement Plan (CIP). The intent of the policies was to support and give clear direction for the revitalization of the Old East Village. Council provides financial incentives such as the development charge exemptions for new residential development and tax rebate gramts on new residential development. These incentives have been offered to promote the development of residential uses to support the initiatives for the revitalization of the Old East District.

Current Zoning As Dart of the imrJlementation of the Old East Villaae Corridor Communitv Improvement Plan, Council adopted 'specific zoning on this property- The prope rty is zoned Business District Commercial Special Provision (BDC (1 7)) which:

i.) ii.) iii.) iv.) v.) vi.) vii.)

Permits many commercial uses including apartments; Specifically restricts residential uses to the second floor and above; Prohibits commercial parking lots or structures within 15 metres of Dundas Street; Prohibits uses with drive-through facilities; Maximum height is 12m (approx 3 storeys); Maximum interior side yard setback of 2.0m density to be established through a zoning by-law amendment application

ProDosed Zoninq The proposed amendment will zone the property Business District Commercial Special Provision Bonus (BDC (17)*B-C)) Zone. The intent of the proposed zoning amendment is to provide a "base" zone, the Business District Commercial Special Provision (BDC (1 7)) Zone which maintains the intent of the CIP by:

1. Permitting the existing range of commercial uses including apartments; 2. Restricting residential uses to the rear portion or the second floor and above: 3. Prohibiting commercial parking lots or structures within 15 metres of Dundas Street; 4. Prohibiting uses with drive-through facilities 5. Allowing a maximum height of 12 metres (approx 3 storeys)

The Bonus Zone is specifically intended to "lock in" the development as proposed. In other words, the allowance for higher density and height will only be realized if the specific building is being proposed is built. The zoning would not allow for other proposals at this height or density unless a separate zoning amendment is submitted and approved. The Bonus zone will allow:

1, A maximum height of 30.0 metres (approx 9 storeys); 2. A maximum density of 280/ha; 3. A maximum east interior side yard setback of 7.5177 and a maximum west interior

side yard setback of 21m to the 9 storey apartment building; 4. 0 secure bicycle parking spaces; and 5. Dwelling units in on the whole of the first floor excluding the front portion on

Dundas Street

Parkina The applicant is required to provide 15 vehicular parking spaces for the proposed senior apartments and 2 secure bicycle parking spaces. The applicant is proposing 23 vehicular parking spaces. The applicant is proposing to provide secure bicycle parking on the main floor of the apartment building and temporary bicycle parking spaces in association with the commercial uses. The location and amount of bicycle parking spaces will be determined in more detail through the site plan process.

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2-7737 J. C. Smith

Bonus Zoninq

Principle of Bonus Zoninq Section 19.4.4 of the Citv of London Official Plan allows for consideration of a height or density - bonus provided that it is demonstrated to be reasonable, in terms of:

1. cosVbenefit implications, for both the City and the developer; 2. results in a benefit to the general public and/or an enhancement of the design or

amenities of a development to the extent that a greater density or height is warranted; and also

3. the height and density bonuses received should not result in a scale of development that is incompatible with adjacent uses or exceeds the capacity of available municipal services.

The intent of Bonus zoning is to provide for development that is a benefit to both the City of London and the developer. The scale of development should be compatible to the surrounding area and provide "bonuses" to the abutting land uses.

Obiectives of Bonus Zoninq Official Plan policy further states: Bonus Zoning is provided to encourage development features which result in a public benefit which cannot be obtained through the normal development process. Bonus zoning will be used to support the City3 urban design principles, as contained in Chapter 1 I and other policies of the Plan, and may include one or more of the following objectives:

1. to support the provision of the development of affordable housing as provided for by 12.2.2.

2. to support the provision of underground parking; 3. to encourage aesthetically attractive residential developments through the enhanced

provision of landscaped open space; 4. to support innovative and environmentally sensitive development which incorporates

notable design features, promotes energy conservation, waste and water recycling and use ofpublic transit.

The objective of permitting bonus zoning is to provide for a development that can clearly demonstrate that height and densities in excess of that permitted is beneficial for the City and for the developer.

Implementation of Bonus Zoning Section 19.4.4 iv) states: As a condition to the application of bonus zoning provisions to a proposed development, the owner of the subject land will be required to enter into an agreement with the City, to be registered against the title to the land. The agreement will deal with the facilities, services, or matters that are to be provided, the timing of their provision, and the height or density bonus to be given.

Bonus zoning is implemented through a development agreement with the City that is registered on title to the lands. The development agreement is intended to "lock in" the development as proposed. Through the site plan process Staff will review the site plan to ensure that all benefits that have warranted bonusing have been incorporated into the development agreement.

Merits of the Provosal in Favour of Bonus Zoninq The bonus Drovision will allow for a residential develoment that Drovides for manv positive design elements, residential uses located behind the commercial building that fronts Dundas Street and above the street grade, creation of a street wall, building elements that are at a human scale, provides a "good fit" within the streetscape and other design considerations which creates an enhanced pedestrian environment. Infilling of the Dundas Street Corridor with commercial at grade uses and 72 residential units provide for future economic benefits in the form of taxes and an income base to support businesses in the Old East Village Corridor.

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2-7737 J. C. Smith

How does the Proposed Development Merit Bonusinq?

1, Costlbenefit implications, for both the City and the developer are positive. i.) Residential Development Charge Exemption.

Redevelops a underutilized property with a minimal tax base by creating commercial gross floor area and 72 new residential units Provides a significant incentive for the developer to create 72 residential dwelling units on an underutilized property.

Provides 72 affordable senior housing units for a minimum period of 25 years Assists the developer with carrying costs associated with the development and reduces initial risks associated with development in this area.

ii.) Affordable Housing Grant Program

The Bonus zone will permit a development that will support the viability of business and service in the Old East Village Corridor by creating new at grade commercial floor area and 72 new residential units in the Old East Village, Core Area. This development will also help build residential amenity and residential community along the Dundas corridor. Council's intent through the Old East Village CIP is supported by attracting this project to the Old East Village Corridor. The developer, by availing themselves of Council's financial incentives, provides for economic viability.

2. Benefits to the general public i.)

ii.)

iii.)

The proposed development increases the residential density which directly supports the Village Core. The proposed development provides for a development of two buildings with 72 affordable senior citizen units. The proposed development fills in the gap within the Dundas Street Commercial corridor providing a contiguous streetscape and enhanced pedestrian corridor.

3. The height and density bonuses received will result in a scale of development that is compatible with adjacent uses. The proposed development provides:

i.) a continuous commercial streetscape. ii.) iii.)

iv.) v.) vi.)

a development that represents a "good fit" within the streetscape a development that recognizes the existing scale, mass, architectural character, and storefront characteristics of the existing commercial uses. a diversity of building materials, eyes on the street, enhancing the feeling of safety in the area utilization of the existing transit corridor along Dundas Street

Desitln Merits of the Prouosal The Citv of London's Urban Designer has reviewed the orooosed site olan and elevation and - , , provides the following: "The development currently meets the intent of the desired urban design outcomes envisioned for the neighbourhood.

The overall, development provides the neighbourhood with the following outcomes:

An enhanced finer grain network of streets and walking connections that provides pedestrian users with a greater number of access points to the retail shopping district, public transit corridors and community facilities, such as the Western Fair; The built form creates a street wall that enhances the pedestrian experience by creating building elements that are at a human scale, whilst providing active frontages along King Street through the street-based townhouses; The proposed building orientation and rear laneway reduces vehicular access points that come in conflict with pedestrian movement along the King and Dundas Street corridors; Proposed building floor plate and building orientation reduces shadow impact on Dundas Street. The proposed built form has a diversity of material types, which creates an enhanced pedestrian environment.

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P R E P A W BY: Mkszil-. --’

J CRAIG SMITH PLANNER IMPLEMENTATION

2-7737 J. C. Smith

SUBMITTED BY:

#vuLd4dy J. ?dL# LEMING MCIP, RPP DIRECTOR LAND USE PLANNING

Comments Desian- UDPRP and OEV The DrODOsed develoDment was reviewed by the City of London UDPRP on January 20, 2010 and was presented to interested parties in the commbnity at the OEV Open House oh February 2, 2010 their comments are included above in this report. All comments received regarding the proposed development were generally positive. Th rough the site plan process the City of London Urban Designer will continue to work with the applicant to ensure that the minor changes as indicated in the memo from the UDPRP and the comments received from the OEV- BIA are considered before final approval.

Is the Proposed Amendment Amrouriate? For over 10 vears since the Dublication of the 1998 Mayors Task Force on Old East London it has been noied that the Old East London District required public and private sector partnerships to address issues including the decline in the historic building stock and the retention of a local retail base to serve the community. The proposed zoning amendment will allow 2204907 Ontario Inc. to construct two new buildings with commercial at grade on Dundas Street and with 72 new senior residential units in the Old East Core Area realizing the strong investment made by Council through the adoption of the PACT recommendations and through the implementation of the Old East Village CIP.

The proposed development implements the intent of Council is consistent with the Official Plan and continues to support all the positive signs of revitalization that continue to grow in the Old East Village.

11 GENERAL MANAGER OF PLANNING AND DEVELOPMENT

February 19, 201 0 JCS/ Attached

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2-7737 J. C. Smith

Bibliography of Information and Material - 2-7519

Request for ARRroval City of London Zoning By-law Application Form, completed by Greg Playford (agent for registered owner)

December 17,2009,

Reference Documents Ontario. Ministry of Municipal Affairs and Housing. Provincial Policy Statement, March 1, 2005

City of London. Official Plan, June 19, 1989, as amended

City of London. Zoning By-law No. Z.-I , May 21, 1991, as amended

City of London. Community Improvement Plan Official Plan and Zoning Amendments, Planning Report, October 2004.

Planners Action Team, Renaissance in London Old East Village, February, 2005

Aqencv Review and Public ResDonses: (located in City of London File No. 2-7514 unless otherwise stated)

City of London Burgess L., Environmental and Engineering Services Department. Memo to C. Smith, January 20, 2009

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Bill NO. (number to be insetted by ClerKs Office) 2010

By-law No. Z.-1-10

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 637 Dundas Street.

WHEREAS 2204907 Ontario Inc. has applied to rezone an area of land located at 637 Dundas Street, as shown on the map attached to this by-law, 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:

Schedule "A' to By-law No. 2.-1 is amended by changing the zoning applicable to lands located at 637 Dundas Street, as shown on the attached map comprising part of Key Map No. 86, from a Business District Commercial Special Provision (BDC (17)) to a Business District Commercial Special Provision Bonus (BDC (17)*B-(J) Zone.

1) Section number 4.3 of the General Provisions to By-law No. 2.-I is amended by adding the following new Bonus Zone:

4.3 4) B-( ) 637 Dundas Street.

The subject site is being bonused for enhanced urban design, landscaping and the promotion of transit usage and the revitalization of the Old East Village District. The required building design is identified through the elevations, site plan, and landscaping plan included in the development agreement, which includes one three storey commercial building with residential units above fronting Dundas Street and a senior apartment building 30m (maximum 9 storeys) in height fronting on Marshall Street with a total of 72 units (280 units/ha).

The following regulations apply with the approved site plan:

Height (maximum): 30.0 metres Density - units per hectare (maximum): Parking: 15 spaces minimum Secure Bicycle Parking Spaces Interior side yard setbacks to 9 storey senior apartment building:

280

0 spaces minimum

East: 7.5 metres West: 21 metres

Dwelling units are permitted on the whole of the first floor including the frontage on Marshall Street, but excludes the Dundas Street frontage.

The cumulative impact of using this bonusing provision shall not result in a density greater than 280 units per hectare and a building height greater than 30.0 metres (100 feet).

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 section 34 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 section.

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2-7737 J. C. Smith

PASSED in Open Council on March 8, 2010.

Anne Marie DeCicco-Best Mayor

Cathy Saunders City Clerk

First Reading - March 8. 2010 Second Reading - March 8, 2010 Third Reading - March 8, 2010

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AMENDMENT TO SCHEDULE "A" (BY-LAW NO. 2.-1)


2-7737 J. C. Smith

Appendix 1 Report to the City ofLondon Planning Committee Public Meeting.

February 8,2010

From: The Old East Village Business [mprovement Area Re: Proposed Zoning Change for proposed Affordable Housing and Commercial

1. Introduction. The Old East Village Business Improvement Area (BIA) and the Old East Village Community Association have been in discussions with Westany Holdings and their design team in order to provide input that would assist the developer to create the best possible development for 637 Dundas Street. We sought this involvement because as the home of the defunct Hudson’s Centre and later Centertown Mall, this site features prominently in the psyche of many Londoners. Consequently any development on the site will become a flagship development for the area. Over a series of meetings about the current and previous development proposals the BIA and the Community Association had the opportunity to suggest and see modifications to the design ofthe development .This engagement and the subsequent design changes has made it possible for the Old East Village BIA to embrace this development as the best opportunity for this site in twenty years and to support the proposed zoning change. We are asking the Planning Committee to support the proposed zoning change with a request to Westany Holdings to review this report. The purpose of the review will be to ascertain the possibility of making further minor modifications to tlie development or provide further information that would address community comments and concerns. On February 2,2010 the Old East Village Business Improvement Area held an Open House. The purpose of the Open House was to give interested and affected individuals an opportunity to learn more about the proposed residential and commercial development for 637 Dundas Street. Our intention was to solicit community comments about the proposed development in order to establish community support for the development and tlie BIA’s its position regarding the proposed zoning. Six@ five people attended the open house and provided comment .The majority of attendees had been notified by the City about tlie proposed zoning change and received follow up invitations from the BIA to attend the Open House. What follows is a summary of written comments that were provided by forty of attendees. 2.Summary of Comments solicited from attendees at the Open House. A thematic review of comments revealed that attendees expressed opinions i n the following four arenas: impact of the proposed development on the revitalization of the area, elements in the development concept, design of the buildings and the site and other comments. a. Comments about the Essible impact of the oroposed develoument on the revitalization Generally, the proposed project was viewed as another significant improvement to the area and another step in the revitalization of the Old East Village. This view was consistently expressed alongside comments and concerns that were expresses in the other three arenas.

Comments in this area focused upon the proposed residential and commercial mix in the on to Dundas Street, targeted affordable housing for seniors and “liveiwork’ space. The proposed residential and commercial mix was endorsed by attendees who stated that that this kind of development is consistent with and helpful to the commercial activities already present on the commercial corridor and the neighbourliood. Positive comments were also elicited from the proposal to mix coinmercial development with affordable housing for seniors. Attendees were of the opinion that more seniors living i n the neighbourhood would provide benefits from a diversity in the age distribution of people living on or adjacent to the commercial .By creating opportunities for older people to remain in the area (or locate to the area ) senior targeted housing would bring an increased customer base to the business district. Specific to the retail/ residential component of the development that will front on to Dundas Street, a number of attendees commented that further economic growth would be accomplished linking the residential units to the commercial spaces by designating the apartments above store fronts as “liveiwork” units, The BIA endorses this suggestion and is requesting that the City and the developer explores the possibility of locating a “live/work” designation for some of the units above the commercial component of the building. This would create an opportunity to locate specific, kinds of businesses in the commercial spaces and enable entry level employees or young artists to live above their place of employment or show space. c. Design ofthe buildings and the site. Comments in this arena were consistent with respect to the design of the Marshall Street and Dundas Street buildings as

they relate to each other, the streetscape, the historical buildings on the corridor and the adjacent residential heritage district. Comments were also made about the integration of residential and commercial components on Dundas Street. Attendees endorsed the form and scale of the building that will front on Dundas Street. However, concern was expressed about the apparent lack of connection between this building and tlie tower building structurally and visually with commentators suggesting that the tower building could be connected to the street front building through a unifying facade treatment. Concurrent with Tiis theme was the desire that the building fronting 011 to Dundas Street contain more historic elements in the facade design to blend with and support the historic and heritage flavour of the corridor and the Old Et Village Heritage district. One suggestion was to use the Benjamin Moore Old East Village Heritage Colours palette on parts of the buildings tliat will be painted. Other suggestions included the addition or suggestion of cornice features on the Marshall Street building that would tie in to the Dundas Street building and tlie addition of dentil detailing on the Dundas

Development at 637 Dundas Street.

of the area.

b. Comments about soecific elements in the overall develooment conceut. building fronting

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2-7737 J. C. Smith

Street building. One individual expressed a concern (that had originally been raised by the BIA) that the blocks of colour on the Dundas Street building might introduce a 1970’s strip mall theine to its design. Citing its urban and human scale, another commentator described the Dundas Street building as “an innovative building for London”. Endorsing the addition balconies to the Dundas Street building the commentator suggested that the balconies could be finished in a way that they can become closed in should they become problematic by connecting anti social street activity to the building or used as unsightly storage space. Regarding inappropriate storage on balconies, the BIA is requesting that the issue of inappropriate storage of goods on balconies is addresses by the building owner through the tenancy agreement. Other comments specific to the site referenced the need for greening features such as gardens and shrubbery to soften the

parking area and the need for more trees on Dundas Street .With respect to parking, one attendee queried if there is enough parking to accommodate the residential and retail components of the development. We also received comment specific to the commercial space in the Dundas Street building. Specifically, the size of the individual commercial space was considered small, even when it was noted that the spaces can be extended to provide more floor space if required. This comment is in line with verbal feedback from the BIA board executive, all of whom are business owners. Further, the executive noted that there could be problems with inadequate storage space due to the size of the units. d. Other Comments Other comments were related to affordable housing, accessibility, safety, community spirit and the engagement ofthe municipality in the revitalization of the area. Generally, the concept of providing affordable housing for seniors was endorsed with one respondent also requesting relit geared to income units. Another respondent stated that there was a need to bring people with more disposable income to the area. Linking baby boomers to the need for seniors housing, two attendees requested an increase in the number of accessible units. As expected, there was some community comment about the need for ongoing policing of the area. The comments linked policing to the support and enablement of the successful regeneration of the area as expressed in all of the development initiatives underway. Attendees also acknowledged the work of the municipality in the regeneration of the area and commented on the community spirit that underlies the regeneration of the area. 3. Conclusion As stated previously, the Old East Village BIA is pleased to support the requested zoning change for this particular development. We believe that the addition of affordable housing for seniors and new retail spaces on Dundas street will further the development goals of the Old East Village Community Improvement Plan. We look forward to continuing and future dialogue with Westany Holdings on the content of this report and at each stage in the development process.

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2-7737 J. C. Smith

Appendix "B"

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2-7737 J. C. Smith

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2-7737 J. C. Smith

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2-7737 J. C. Smith

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Agenda Item #

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2-7737 J. C. Smith

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