Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
May 25, 2022
CASE NO(S).:
OLT-22-002286
(Formerly) PL170100
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
1390226 Ontario Inc.
Appellant:
1610341 Ontario Inc.
Appellant:
1705823 Ontario Ltd. (C/O York Developments)
Appellant:
1739626 Ontario Ltd. (c/o York Developments); and others
Subject:
The London Plan
Municipality:
City of London
OLT Case No.:
OLT-22-002286
Legacy Case No.:
PL170100
OLT Lead Case No.:
OLT-22-002286
Legacy Lead Case No.:
PL170100
OLT Case Name:
Lansink v. London (City)
Heard:
May 2, 2022 by video hearing
APPEARANCES:
Parties
Counsel
City of London
A. Anderson
C. McCreery (student-at-law)
Ministry of Municipal Affairs and
A. Beamish
Housing
All Remaining Appellants as listed in
A. Baroudi, P. Lombardi, A. Skinner,
Attachment 1
J. Cheng and V. Sharma (in absentia)
DECISION DELIVERED BY S. TOUSAW AND ORDER OF THE TRIBUNAL
Introduction
1This Case Management Conference (“CMC”) addressed various remaining appeals to the City of London’s (“City”) new Official Plan, known as the “London Plan.”
2The City’s Motion Record was marked as Exhibit 1. The City presented its Motion, with the consent of all Parties, and for which no Responses were filed. The Parties seek the Tribunal’s approval of modifications to the London Plan on the settlement of all remaining City-wide appeals and the settlement of three site-specific appeals.
3With the Tribunal’s acceptance of the Motion, hearings scheduled to begin on June 6, 2022 and September 26, 2022 are now cancelled, and the next CMC is scheduled for September 26, 2022 as set out below.
Participants
4Annamaria Valastro, Participant to Appeal 37 only, had filed an update with the Tribunal advising that her statement will be filed when the issues are identified by the Parties.
Motion
5The Tribunal approves the City’s Motion, with consent of all Parties, that results in a modified and fully in-force London Plan, without prejudice to the remaining site-specific appeals. The effect of this Decision is to replace the 1989 Official Plan (“1989 OP”) with the new London Plan, again except as relates to the remaining site-specific appeals.
6The Tribunal accepts the affidavit evidence of City staff member Justin Adema, Registered Professional Planner, whom the Tribunal affirmed and qualified previously in these proceedings. The Tribunal summarizes Mr. Adema’s planning evidence as follows.
7The London Plan, as adopted, included provisions for potential building height increases utilizing the bonusing provisions of the Planning Act (“Act”) then in force. With the Act now amended to remove a municipality’s use of bonusing effective September 18, 2022, the London Plan will now utilize a zoning by-law amendment process to consider site-specific height increases with public consultation and based on specified limits, a site’s context, potential impacts, and mitigation measures.
8To recognize certain sites that were identified in the 1989 OP for additional height and density in the residential designation, the London Plan will contain a modified overlay with associated policies. This approach respects previous permissions for appropriate residential intensification and needed housing without compromising the London Plan’s approach to the provision of housing and compatible neighbourhoods.
9Also related to building heights, the London Plan will continue with its hierarchy of heights for various neighbourhoods, locations, higher order streets, and transit areas, but with modest height increases to enable suitable intensification and redevelopment.
10With the foregoing modifications, all City-wide appeals are addressed and have or will be withdrawn.
11The modifications also address three site-specific appeals affecting: 3924 Colonel Talbot Road, 845-875 Commissioners Road East, and 135 Villagewalk/Upper Richmond Village. Appropriate policies and mapping are included to address site-specific development areas and requirements including road alignments, natural heritage, and area plans.
12On the uncontested evidence of Mr. Adema, the Tribunal finds that the requested modifications have suitable regard for the provincial interests of s. 2 of the Act, are consistent with the Provincial Policy Statement, and constitute good planning in the public interest. The Tribunal has considered the decisions of the City and the consent of the Appellants in arriving at acceptable policy and mapping modifications to resolve all City-wide appeals to the London Plan. In the Order below, paragraphs [21] through [24] reflect the specific wording requested by the Parties.
13The Tribunal congratulates the Parties on their success in resolving appeals while achieving good planning in the public interest. Such resolution resulted from a collaborative approach through extensive discussions and further study culminating in a suitable London Plan for all.
Case Management Conference
14With only site-specific appeals remaining, the Parties requested a further CMC to hear Settlement Motion(s) or to finalize Procedural Order(s) for necessary hearings on the merits.
15The next CMC will be held by video hearing at 10 a.m. on Monday, September 26, 2022. No further Notice will be given.
GoTo Meeting: https://global.gotomeeting.com/join/501975085
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1 (888) 299-1889
Access code: 501-975-085
16Statutory Parties and anyone seeking Party or Participant status are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
17Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
18Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line with the access code provided.
19Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the CMC hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
20The Tribunal Orders its directions and rulings set out in this Decision pertaining to the cancellation of hearings and scheduling the next Case Management Conference.
21The Tribunal Orders that, in accordance with subsection 20(2) of Ontario Regulation 174/16 and subsection 17(50) of the Planning Act as it read on April 2, 2018:
(a) those policies within the London Plan identified in Exhibit 1, Schedule A (as corrected and refiled on May 17, 2022) are modified and approved as modified;
(b) Map 1 is modified and approved as modified in accordance with Exhibit 1, Schedule B;
(c) Map 2 is modified and approved as modified in accordance with Exhibit 1, Schedule C;
(d) Map 5 is modified and approved as modified in accordance with Exhibit 1, Schedule D;
(e) Map 7 is modified and approved as modified in accordance with Exhibit 1, Schedule E;
(f) all policies as modified and approved are in effect as of the date of issuance of this Decision.
22The Tribunal further Orders that the approval of the Plan shall be strictly without prejudice to, and shall not have the effect of limiting:
(a) The right of Appellants to continue site-specific appeals;
(b) The jurisdiction of the Tribunal to consider and approve modifications, deletions or additions to the unapproved policies, schedules, maps, figures, definitions, tables and associated text in the London Plan on a site-specific basis, as the case may be, provided that the parties shall be bound by the commitments made by them to scope their issues to a site-specific or area-specific basis as identified in this proceeding.
23The Tribunal further Orders that notwithstanding the repeal of the 1989 Official Plan, any Planning Act application made prior to the date of this Order, can continue to be processed in accordance with the policies that were in force prior to this Decision, including but not limited to the bonusing policies.
24The Tribunal further Orders that this concludes the appeal of policies that apply on a City-wide basis, and that only site-specific appeals as indicated in Exhibit 1, Schedule F are continued, and that the 1989 Official Plan shall not be repealed as it applies to those properties only.
25This Member is not seized but is available through the Case Coordinator for case management purposes.
“S. Tousaw”
s. TOUSAW
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
OLT-22-002286 – Attachment 1
All Remaining Appellants
Appeal No.
Counsel
Address
Appellant Name
Status as of October 7, 2021 CMC
17
Lombardi
4545 Scotland
Farhi
Has been withdrawn.
20
Vikas Sharma
1957 Sunningdale
John Ross
Adjourned to May 2, 2022 CMC to address new owner’s intentions and potential status request.
22
Lombardi
Victoria/ Wilton Grove
London Dairy
Adjourned to May 2, 2022 CMC to either resolve or file PO and Issues List and set hearing date.
24
Lombardi
Commissioners
Margaret Ross
2-day hearing scheduled for June 13-14, 2022.
4
Baroudi
1885 Fanshawe E
Auburn
1-day hearing scheduled as part of 5-day block June 6-10, 2022.
4
Baroudi
1284&1338 Sunningdale
Auburn
1-day hearing scheduled as part of 5-day block June 6-10, 2022.
4
Baroudi
2065 Kilally
Auburn
1-day hearing scheduled as part of 5-day block June 6-10, 2022.
4
Baroudi
108 Exeter Rd
Auburn
1-day hearing scheduled as part of 5-day block June 6-10, 2022.
4
Baroudi
3924 Colonel Talbot
Auburn
1-day hearing scheduled as part of 5-day block June 6-10, 2022.
4
Baroudi
1924 Adelaide St N
Auburn
Hold pending disposition of Phase 4.
8
Baroudi
186&188 Huron
KAP
Hold pending disposition of Phase 4.
12
Baroudi
240 Waterloo
1610341 Ontario Inc.
No instructions
18
Baroudi
Grosvenor/ St. George./ St. James
Grosvenor Development Corp.
Hold pending disposition of Phase 4.
29
Baroudi
Richmond/ Windermere
Richmond North MCC675
Hold pending disposition of Phase 4.
1
Duffy/ Cheng
560-562 Wellington
Auburn
Hold pending disposition of development application currently in process.
15
Duffy/ Cheng
193-199 College Ave
York
Hold pending disposition of Phase 4.
19
Duffy/ Cheng
1192 Highbury Ave N
York
Hold pending disposition of Phase 4.
36
Duffy/ Cheng
175-199 Ann St
York
Hold pending disposition of Phase 4.
37
Duffy/ Cheng
550 Ridout St N
York
Hold pending disposition of Phase 4.
41
Duffy/ Cheng
3080 Bostwick
York
Hold pending disposition of Phase 4.
27
Duffy/ Cheng
1299 Oxford St E
Westdell
Hold pending disposition of Phase 4.
4
Duffy/ Cheng
135 Villagewalk/ Upper Richmond Village
Auburn / York
Hold pending disposition of Phase 4.
OLT-22-002286 – Schedule A
POLICY
ORIGINAL LONDON PLAN
TRIBUNAL APPROVED MODIFICATION
813
The following intensity policies apply within the Transit Village Place Type:
Buildings within the Transit Village Place Type will be a minimum of either two storeys or eight metres in height and will not exceed 15 storeys in height. Type 2 Bonus Zoning beyond this limit, up to 22 storeys, may be permitted in conformity with the Our Tools policies of this Plan.
Planning and development applications within the Transit Village Place Type will be evaluated to ensure that they provide for an adequate level of intensity to support the goals of the Place Type, including supporting rapid transit, efficiently utilizing infrastructure and services, ensuring that the limited amount of land within this place type is fully utilized, and promoting mixed-use forms of development.
Permitted building heights will step down from the core of the Transit Village to any adjacent Neighbourhoods Place Types.
For larger-scale projects on deep lots, a grid-based internal road network should be established to facilitate further development/ redevelopment over time.
In aggregate, no more than 20,000m2 of office space will be permitted within any Transit Village Place Type. Individual buildings will not contain more than 5,000m2 of office space.
The Zoning By-law will include regulations to ensure that the intensity of development is appropriate for individual sites.
The full extent of intensity described above will not necessarily be permitted on all sites within the Transit Village Place Type.
[Policy unchanged except (1)]:
- Buildings within the Transit Village Place Type will be a minimum of either two storeys or eight metres in height and will not exceed 15 storeys in height. High-rise buildings up to 22 storeys may be permitted in conformity with the Our Tools policies of this Plan.
828
Our Urban Corridors will support a form of development that is very similar to our Rapid Transit Corridors, but at a slightly lower intensity. They will be places that encourage intensification over the life of this Plan so that they can mature to support higher-order transit at some point in the future beyond 2035. These corridors will generally support mid-rise residential and mixed use development. Like the Rapid Transit Corridors, different segments of these Urban Corridors may vary in use, character and intensity.
Our Urban Corridors will support a form of development that is very similar to our Rapid Transit Corridors, but at a slightly lower intensity. They will be places that encourage intensification over the life of this Plan so that they can mature to support higher-order transit at some point in the future beyond 2035. These corridors will support residential and mixed use development. Like the Rapid Transit Corridors, different segments of these Urban Corridors may vary in use, character and intensity.
829
Rapid Transit Corridors are the connectors between our Downtown and our Transit Villages. They offer great opportunities for people to live and work close to high-order transit to give them attractive mobility choices. These corridors will vary from segment to segment, depending upon their context, the degree to which they are transitioning from one form to another and City Council’s goals for their future development. The Urban Corridors are also mid-rise, mixed-use areas that may develop into good candidates for future rapid transit corridors beyond the life of this Plan.
Rapid Transit Corridors are the connectors between our Downtown and our Transit Villages. They offer great opportunities for people to live and work close to high-order transit to give them attractive mobility choices. These corridors will vary from segment to segment, depending upon their context, the degree to which they are transitioning from one form to another and City Council’s goals for their future development. The Urban Corridors are mixed-use areas that may develop into good candidates for future rapid transit corridors beyond the life of this Plan.
837
The following uses may be permitted within the Rapid Transit Corridor and Urban Corridor Place Types, unless otherwise identified by the Specific-Segment policies in this chapter:
A range of residential, retail, service, office, cultural, recreational, and institutional uses may be permitted within the Corridor Place Type.
Mixed-use buildings will be encouraged.
Large floor plate, single use buildings will be discouraged in Corridors.
Where there is a mix of uses within an individual building, retail and service uses will be encouraged to front the street at grade.
[Policy unchanged except (3)]:
- Large floor plate, single use non-residential buildings will be discouraged in Corridors.
839
Table 9 shows the minimum height, maximum height, and maximum height with bonusing zoning that may be permitted in the Rapid Transit and Urban Corridor Place Types.
Table 9 shows the minimum height, standard maximum height, and upper maximum height that may be permitted in the Rapid Transit and Urban Corridor Place Types.
840
The following intensity policies apply within the Rapid Transit and Urban Corridor Place Types unless otherwise identified:
Development within Corridors will be sensitive to adjacent land uses and employ such methods as transitioning building heights or providing sufficient buffers to ensure compatibility.
Commercial buildings should not exceed 6,000m2 in size within Corridors.
Lot assembly is encouraged within the Corridor Place Types to create comprehensive developments that reduce vehicular accesses to the street and to allow for coordinated parking facilities.
Lots will be of sufficient size and configuration to accommodate the proposed development and to help mitigate planning impacts on adjacent uses.
Individual buildings will not contain more than 2,000m2 of office space, except within 100metres of rapid transit stations where buildings may contain up to 5,000m2 of office space. An aggregate total of no more than 5,000m2 will be allowed within 100 metres of a rapid transit station.
As shown on Table 9, greater residential intensity may be permitted within the Rapid Transit Corridor Place Type on sites that are located within 100 metres of a rapid transit station.
Type 2 Bonus Zoning up to the limits set out in Table 9, may be permitted in conformity with the Our Tools policies of this Plan.
The Zoning By-law will include regulations to ensure that the intensity of development is appropriate for individual sites.
The full extent of intensity described above will not necessarily be permitted on all sites within the Rapid Transit and Urban Corridor Place Types.
[Policy unchanged except (7)]:
- High-rise buildings up to the limits set out in Table 9, may be permitted in conformity with the Our Tools policies of this Plan.
920
Tables 10 to 12 give important guidance to the permitted uses, intensity, and form of development that may be permitted on lands within the Neighbourhoods Place Type. The following policies provide direction for the interpretation of these tables:
For the purposes of Tables 10 to 12 of this Plan, frontage will be defined as the lot line that abuts a street.
Tables 10 to 12 specify the broadest range of uses and greatest intensity that may be permitted within the Neighbourhoods Place Type. It must be clear that zoning on individual sites may not allow for the full range of uses or intensity shown in these Tables. Zoning by-law amendment applications will be evaluated based on the Planning and Development Application policies in the Our Tools part of this Plan to ensure that the permitted range of uses and intensity of development is appropriate within the context of the neighbourhood.
Where more specific policies exist relating to permitted uses and intensity of development for an area or specific site, those more specific policies shall prevail.
Where development is being considered at the intersection of two streets of different classifications:
a. The higher-order street onto which the property has frontage, will be used to establish the permitted uses and intensity of development on Tables 10 to 12.
b. The development will be oriented toward the higher-order street.
c. The development will be permitted only if it can be demonstrated, in conformity with the policies of this Plan, that it will be a good fit and will not undermine the character of the lower-order street.
Where an intersection exists, the permitted uses and intensity of development on Tables 10 to 12 shall apply only to those properties that have lot lines directly abutting both intersecting streets. With the exception of Neighbourhood Streets, this policy may also be applied where a single street turns at, or close to, right angles. In this case, the single street will be considered as two separate intersecting streets for the purposes of this policy.
Where development is being considered on a lot that has frontage on two or more streets of different classifications but is not located at an intersection, such as in existing rear-lotted neighbourhoods:
a. The lower-order street will generally be used to establish the permitted uses and intensity of development on Tables 10 to 12.
b. Where land assembly has occurred and the development fulfills all of the development criteria of the Planning and Development Applications section in the Our Tools part of this Plan, the higher-order street may be used to establish the permitted uses and intensity of development on Tables 10 to 12.
c. When the higher-order street has been used to establish the permitted uses and intensity of development on Tables 10 to 12, the development will be required to complement the existing or planned character of each street onto which it has frontage.
A window street is a neighbourhood street or neighbourhood connector that abuts, and is parallel to, a higher-order street such as a Civic Boulevard or Urban Thoroughfare. For the purposes of Tables 10 to 12, where a property fronts onto a window street and is directly across from a higher-order street, it will be considered to have frontage onto the higher-order street. This will apply only to development that is front-oriented to the higher-order street. Where development fronts onto a window street, the higher-order street will be used to determine frontage.
For the purposes of Tables 10 to 12, frontage onto park space will be interpreted as follows:
a. All of the park classifications identified in the Parks and Recreation chapter of this Plan are considered to be parks. However, linear pathways, trails and narrow access points to parks will not qualify as parks for the purposes of Tables 10 to 12.
b. A minimum of 50% of a lot’s frontage must be directly across the street from the park. If this criterion is met, Tables 10 to 12 will be applied as though the entire property fronts onto a park.
[Policy unchanged except (8)]:
- For the purposes of Tables 10 to 12, frontage onto park space will be interpreted as follows:
a. All of the park classifications identified in the Parks and Recreation chapter of this Plan are considered to be parks. However, linear pathways, trails and narrow access points to parks will not qualify as parks for the purposes of Tables 10 to 12.
b. Lots located across the street will be considered fronting onto the park if a minimum of 50% of the lot’s frontage is directly across from the park. If this criterion is met, Tables 10 to 12 will be applied as though the entire property fronts onto a park.
c. Lots located on the same side of the street will be considered fronting onto the park if they abut the park at the street and can be designed to activate and create positive interaction with the space.
955
While recognizing this strategy moving forward, The London Plan also recognizes the High Density Residential areas that were designated in the previous Official Plan, even where they are not within the targeted place types. Map 2 identifies these lands as High Density Residential Overlay (from the 1989 Official Plan). It is important to recognize that Map 2 is an overlay on top of the Urban Place Types identified in Map 1. For these lands, the Place Type represents the long-term vision for each of these areas to the year 2035.
While recognizing this strategy moving forward, The London Plan also recognizes High Density Residential areas that were designated in the previous Official Plan. Map 2 identifies these lands as High Density Residential Overlay (from the 1989 Official Plan). Map 2 is an overlay that permits high-rise buildings, in addition to the policies of the underlying Urban Place Types identified in Map 1.
956
Not all High Density Residential designations from the 1989 Official Plan have been carried over as shown on Map 2 of this Plan. Those High Density Residential designations that have not been carried over include:
- Lands that are located within a place type in the London Plan that allows for higher intensity residential buildings.
Lands that have been developed for residential buildings of six storeys or less and are best reflected by the Neighbourhoods Place Type.
Policy Deleted
957
Planning and development applications conforming with the underlying place type shown on Map 1 will be encouraged.
Policy Deleted
958
Notwithstanding the height and intensity policies of the underlying place type, the following overlay policies may be applied:
Inside the Primary Transit Area, residential development may be permitted up to 12 storeys in height within the High Density Residential Overlay (from 1989 Official Plan).
Outside the Primary Transit Area residential development may be permitted up to 12 storeys in height and at a density of up to 150 units per hectare on lands within the High Density Residential Overlay (from the 1989 Official Plan).
On large sites or areas within the High Density Residential Overlay (from 1989 Official Plan), capable of accommodating multiple buildings, a diversity of housing forms such as mid-rise and low-rise apartments and multiple attached dwellings will be required.
Type 2 Bonus Zoning, as described in the Bonus Zoning policies in the Our Tools part of this Plan, will be discouraged for development that exceeds the permitted standard height for the place type shown on Map 1.
Zoning may not allow for the full range of height and density identified in these policies.
Where Specific Policies are established for lands within the High Density Residential Overlay (from 1989 Official Plan), and there is a conflict between those policies and the parent High Density Residential Overlay (from 1989 Official Plan) policies, the Specific Policies shall prevail.
New or expanded High Density Residential Overlay (from 1989 Official Plan) designations will not be permitted.
[Policy unchanged except (1), (3), (4), (5)]:
Inside the Primary Transit Area, residential development may be permitted up to 14 storeys in height within the High Density Residential Overlay (from 1989 Official Plan).
Outside the Primary Transit Area residential development may be permitted up to 12 storeys in height and at a density of up to 150 units per hectare on lands within the High Density Residential Overlay (from the 1989 Official Plan).
Large areas within the High Density Residential Overlay (from 1989 Official Plan), capable of accommodating multiple buildings should include a diversity of housing forms such as mid-rise and low-rise apartments and multiple attached dwellings.
[Policy Deleted]
Zoning may not allow for the full range of height and density identified in these policies. Existing buildings with heights and/or densities exceeding the heights and/or densities permitted in this policy may continue to be permitted.
959
Development within the High Density Residential Overlay (from 1989 Official Plan) will be monitored.
Policy Deleted
1033
The Woodfield Neighbourhood, which is approximately bounded by Richmond Street on the west, Dufferin Avenue and Queens Avenue on the south, Adelaide Street North on the east and the CPR tracks on the north, is characterized by predominantly low-rise residential development, with a mix of higher density uses and office conversions. Parts of this neighbourhood are within both the East and West Woodfield Heritage Conservation Districts to which the conservation guidelines apply.
The Woodfield Neighbourhood, which is approximately bounded by Richmond Street on the west, Dufferin Avenue and Queens Avenue on the south, Adelaide Street North on the east and the CPR tracks on the north, is characterized by predominantly low-rise residential development, with a mix of higher density uses and office conversions. Parts of this neighbourhood are within both the East and West Woodfield Heritage Conservation Districts to which the conservation guidelines apply. It is a policy of this Plan to maintain these general characteristics of the Woodfield Neighbourhood.
1034
It is a policy of this Plan to maintain the Woodfield Neighbourhood as a low-rise residential area. In keeping with this policy new office conversions will not be permitted except in the Rapid Transit Corridor and Urban Corridor Place Types along Richmond Street, Adelaide Street North, in the Downtown, and in the following areas:
Central Avenue – north side between Richmond Street and Waterloo Street; south side between Wellington Street and Waterloo Street.
Dufferin Avenue – south side between Waterloo Street and Colborne Street.
Princess Avenue – north side between Centennial Lane and Waterloo Street; south side 371 Princess Avenue only/
Queens Avenue – north side between Waterloo Street and Adelaide Street North; south side between Waterloo Street and Adelaide Street North.
Waterloo Street – both sides between Pall Mall Street and Princess Avenue.
Wellington Street – west side, between the CPT tracks and Central Avenue; ease side, between the CPR tracks and Wolfe Street.
New office conversions will not be permitted except in the Rapid Transit Corridor and Urban Corridor Place Types along Richmond Street, Adelaide Street North, in the Downtown, and in the following areas:
Central Avenue – north side between Richmond Street and Waterloo Street; south side between Wellington Street and Waterloo Street.
Dufferin Avenue – south side between Waterloo Street and Colborne Street.
Princess Avenue – north side between Centennial Lane and Waterloo Street; south side 371 Princess Avenue only/
Queens Avenue – north side between Waterloo Street and Adelaide Street North; south side between Waterloo Street and Adelaide Street North.
Waterloo Street – both sides between Pall Mall Street and Princess Avenue.
Wellington Street – west side, between the CPT tracks and Central Avenue; ease side, between the CPR tracks and Wolfe Street.
1638
BONUS ZONING
City Council may pass a by-law, known as a bonus zone, to authorize increases in the height and density of development beyond what is otherwise permitted by the Zoning By-law, in return for the provision of such facilities, services, or matters as are set out in the bonus zone.
ZONING TO THE UPPER MAXIMUM HEIGHT
The maximum height in the applicable Place Type may include a standard maximum and upper maximum height. Zoning on individual sites may be permitted up to the standard maximum height. Applications to exceed the standard maximum height will be reviewed on a site-specific basis and will not require an amendment to this Plan. Heights exceeding the upper maximum will require an amendment to this Plan.
1639
Where an owner of land elects to provide facilities, services, or matters in return for an increase in the height or density of development, the municipality will require the owner to enter into one or more agreements with the City dealing with the facilities, services, or matters. This agreement may include such things as drawings, elevations, and site plans. The agreement may be registered against the land to which it applies and the City will be entitled to enforce the agreement against the owner, and, subject to the provisions of the Registry Act and the Land Titles Act, against any and all subsequent owners of the land.
Policy Deleted
1640
Each proposal for bonus zoning will be considered on its own merits. The allowance for greater height and density on one site in return for certain facilities, services, and matters will not be considered to establish a precedent for similar height and density on any other site.
Policy Deleted
1641
The facilities, services and matters to be provided in return for greater height or density do not necessarily have to be provided on the same site as the proposed development. City Council may want to have such benefits directed to a property in the applicable neighbourhood or to lands within the wider city.
Policy Deleted
1642
Where an application has been made for a Type 1 or Type 2 Bonus Zone, the applicant shall submit a Justification Report that identifies the facilities, services or matters that are to be provided and how their public benefit is commensurate with the extent of the greater height and density that is being requested.
Policy Deleted
1643
Bonus zoning may be utilized to achieve any of the policy objectives of the London Plan. Consistent with the Planning Act, the London Plan establishes the following two separate classifications of Bonus Zoning:
Type 1 Bonus Zoning – where the proposed bonus zone allows for a height or density that is within the standard maximum height or density limit allowed in the applicable place type.
Type 2 Bonus Zoning – where the proposed bonus zone allows for a height or density that exceeds the standard maximum height or density limit allowed in the applicable place type.
Policy Deleted
1644
A framework of heights, permitted under Type 1 and Type 2 Bonus Zoning, is shown on Table 8 at the beginning of the Urban Place Type policies.
[Renumber as 1639]
A framework of heights that includes standard maximum and upper maximum heights, is shown on Table 8 at the beginning of the Urban Place Type policies.
1645
In order to provide certainty and to ensure that the features required to mitigate the impacts of the additional height and densities are provided, Type 1 Bonus Zoning may be applied, within the standard maximum height or density limit for a place type, where the requested height or density would not be appropriate unless significant measures are put in place to support or mitigate this additional height or density. Through the bonus zone, the community, City Council and other stakeholders can be assured that such measures will be implemented in return for additional height or density as a development agreement must be entered into that fulfills the bonus provisions before this additional height or density is allowed. In this way, the bonus zone serves to lock in the important mitigating measures that ensure the development represents good planning.
[Renumber as 1640]
In order to provide certainty and to ensure that the features required to mitigate the impacts of the additional height and densities are provided, a site-specific zoning by-law amendment will be required to exceed the standard maximum height. Through the amendment process the community, City Council and other stakeholders can be assured that measures will be implemented to mitigate any impacts of additional height or density.
1646
While City Council may invoke Type 1 Bonus Zoning under a wide variety of circumstances, it is primarily intended to be used under one or more o the following circumstances:
When the proposed development is at the upper threshold of the standard maximum height limit.
When there is a significant difference between the proposed development and the surrounding existing uses in terms of height, intensity, or form.
Where there are significant compatibility and/or fit issues that rely heavily upon mitigating measures for the proposed development to represent good planning.
Policy Deleted
1647
The standard maximum height and intensity limits of the place type will not be exceeded through Type 1 Bonus Zoning.
Policy Deleted
1648
Heritage conservation requirements may be addressed through Type 1 Bonus Zoning.
Policy Deleted
1649
Type 2 Bonus Zoning may allow for a height or density that exceeds the standard height or density limited otherwise permitted by the applicable place type. Table 8 can be consulted for easy reference to standard heights as well as the height limits under Type 2 Bonus Zoning.
Policy Deleted
1650
Type 2 Bonus Zoning may permit greater height or density in favour of a range of facilities, services or matters that provide significant public benefit in pursuit of the City Building goals of this Plan. However, an applicant must demonstrate that this greater height or density represents good planning.
Policy Deleted
1651
In all cases, proposals for Type 2 Bonus Zoning shall meet the requirements of Type 1 Bonus Zoning.
Policy Deleted
1652
Under Type 2 Bonus Zoning, additional height or density may be permitted in favour of facilities, services, or matters such as:
Exceptional site and building design.
Cultural heritage resources designation and conservation.
Dedication of public open space.
Provision of off-site community amenities, such as parks, plazas, civic spaces, or community facilities.
Community garden facilities that are available to the broader neighbourhood.
Public art.
Cultural facilities accessible to the public.
Sustainable forms of development in pursuit of the Green and Healthy City policies of this Plan.
Contribution to the development of transit amenities, features, and facilities.
Large quantities of secure bicycle parking, and cycling infrastructure such as lockers and change rooms accessible to the general public.
The provision of commuter parking facilities on site, available to the general public.
Affordable housing.
Day care facilities, including child care facilities and family centres within nearby schools.
Car parking, car sharing and bicycle sharing facilities all accessibly to the general public.
Extraordinary tree planting, which may include large caliper tree stock, a greater number of trees planted than required, or the planting of rare species as appropriate.
Measure that enhance the Natural Heritage System, such as renaturalization, buffers from natural heritage features that are substantively greater than required, or restoration of natural heritage features and functions.
Other facilities, services or matters that provide substantive public benefit.
Policy Deleted
1653
Type 2 Bonus Zoning will only be permitted where it is demonstrated that the resulting intensity and form of the proposed development represents good planning within its context.
[Renumber as 1641]
Increases in building height above the Standard Maximum may be permitted where the resulting intensity and form of the proposed development represents good planning within its context.
1654
Greater height or density offered through Type 2 Bonus Zoning will be commensurate with the public value of the facility, service or matter that is provided.
Policy Deleted
1655
Where cash is received by the municipality in favour of the greater height or density through bonus zoning, all money received shall be paid into a special account and spent only for the facilities, services or matters specified in the implementing by-law.
Policy Deleted
1780
This map shows lands that were designated Multi-Family High Density Residential in the 1989 Official Plan that preceded the London Plan. It should be recognized that this is an “overlay” map, and the long-term vision for all lands is shown in the Place Type Map. High Density Residential lands which have been developed for lower intensity uses and are within an underlying place type consistent with this lower intensity of development are not included on this map. Furthermore, lands that have been assigned an underlying place type that would support high-rise residential development have not been included on this map.
This map shows lands that are included in the High Density Residential Overlay (from 1989 Official Plan).
Table 8 – summary of minimum and maximum heights by place type
Place type
Minimum height (storeys or m)
Standard Maximum height (storeys)
Upper Maximum Height
With Type 2 Bonus
(storeys)
Condition
Downtown
3 storeys or 9m
20
35
Transit Village
2 storeys or 8m
15
22
Rapid Transit Corridor
2 storeys or 8m
8 10
12
Properties located on a Rapid Transit Corridor
2 storeys or 8m
12
16
Properties located on a Rapid Transit Corridor within 100m of rapid transit stations or properties at the intersection of the Rapid Transit Corridor and a Civic Boulevard or Urban Thoroughfare
Urban Corridor
2 storeys or 8m
6 8
8 10
Shopping Area
1 storey
4
6
Main Street
2 storeys or 8m
4
6
Neighbourhood
See Neighbourhood policies and tables
High Density Residential Overlay (from 1989 OP)
2 storeys
12 (outside of the Primary Transit Area) or 14 (inside the Primary Transit Area)
n/a
See High Density Residential Overlay (from 1989 Official Plan) policies for greater detail
Institutional
2 storeys or 8m
12
15
Industrial
1 storey
2
n/a
Commercial Industrial Place Type only
Note 1 – The heights shown in this table will not necessarily be permitted on all sites within the relevant place type.
Note 2 – Where more specific policies exist in this Plan relating to height for an area or specific site, these more specific policies shall prevail. Readers should consult all the policies of the relevant place type chapter, Map 7 which shows specific policy areas, and the Secondary Plans part of this Plan to identify all applicable specific policies.
Note 3 – Type 1 Bonus Zoning may be permitted up to the standard maximum height Zoning may be applied up to the Standard Maximum Height; increases in height may be considered up to the Upper Maximum Height in accordance with the Our Tools part of the Plan.
Table 9 – maximum height in the rapid transit and urban corridor place types
Place Type
Minimum height (storeys or m)
Standard Maximum Height (storeys)
Upper Maximum
Height with Type
2 Bonus (storeys)
Condition
Rapid Transit Corridor
2 storeys or 8m
8 10
12
Properties located on a Rapid Transit Corridor
2 storeys or 8m
12
16
Properties located on a Rapid Transit Corridor within 100m of rapid transit stations or properties at the intersection of a Rapid Transit Corridor and a Civic Boulevard or Urban Thoroughfare
Urban Corridor
2 storeys or 8m
6 8
8 10
Note 1 – the heights shown in this table will not necessarily be permitted on all sites within the Rapid Transit and Urban Corridor Place Types.
Note 2 – Where more specific policies exist in this Plan relating to height for an area or specific site, these more specific policies shall prevail. Readers should consult all the policies of this chapter, Map 87 which show specific policy areas and the Secondary Plans part of this Plan to identify applicable specific policies.
Note 3 – Type 1 Bonus Zoning may be permitted up to the standard maximum height Zoning may be applied up to the Standard Maximum Height; increases in height may be considered up to the Upper Maximum Height in accordance with the Our Tools part of the Plan.
Table 11- range of permitted heights in neighbourhoods place type
Street onto which property has frontage
Minimum and maximum height (storeys) that may be permitted along this classification of street (Base condition)
Minimum and maximum height (storeys) that may be permitted conditional upon classification of intersecting street
Minimum and maximum height (storeys) that may be permitted condition upon fronting onto park
Neighbourhood Street
Neighbourhood Connector
Civic Boulevard
Urban Thoroughfare
Neighbourhood Street
Min 1
Max 2.5 3
Same as base
Same as base
Same as base
Same as base
Same as base
Neighbourhood Connector
Min 1
Standard Max 2.5 3
Bonus up to Upper Max 4 in Central London
Same as base
Min 2
Standard Max 3
Bonus up to Upper Max 4
Bonus up to Upper Max 6 in Central London
Min 2
Standard Max 3 4
Bonus up to Upper Max 4 6
Bonus up to Upper Max 6 8 in Central London
Min 2
Standard Max 3 4
Bonus up to Upper Max 4 6
Bonus up to Upper Max 6 8 in Central London
Min 2
Standard Max 3
Bonus up to Upper Max 4
Civic Boulevard
Min 2
Standard Max 4
Upper Max 6 Bonus up to 6
Upper Max 8 in Central London
Same as base
Same as base
Same as base
Same as base
Same as base
Urban Thoroughfare
Min 2
Standard Max 4
Bonus up to Upper Max 6
Upper Max 8 in Central London
Same as base
Same as base
Same as base
Same as base
Same as base
Note 1 – The heights shown in this table will not necessarily be permitted on all sites within the Neighbourhoods Place Type.
Note 2 – Where more specific policies exist in this Plan relating to height for an area or specific site, these more specific policies shall prevail. Readers should consult all the policies of this chapter, Map 7 which shows specific policy areas, and the Secondary Plans part of this Plan to identify applicable specific policies.
Note 3 – Zoning may be applied up to the Standard Maximum Height; increases in height may be considered up to the Upper Maximum Height in accordance with the Our Tools part of the Plan.
Site-Specific Policies to be Added to Plan
- Sifton’s properties are captured in the HDR policy below, with the exception of Logan’s Run which should be placed with the West 5 Site Specific Policy.
Add new policy 898A:
898A_ Within the High Density Residential Overlay (from 1989 Official Plan), for the lands at 1970 Logans Run, a maximum density of 250 units per hectare and maximum height of 18 storeys will be permitted on this site.
- Add new heading after policy 1077B, “Site Specific Policies in the HDR Overlay”.
Add new policy 1077C:
1077C_ Within the High Density Residential Overlay (from 1989 Official Plan) the following Specific Policies apply. These site specific special policies are not intended to restrict the ability of these properties to develop in accordance with the general policies applicable to the Overlay:
For the lands located at 101 Base Line Road West, a maximum height of 11 storeys and a maximum density of 150 units per hectare will be permitted.
For the lands located at 129-139 Base Line Road West, a maximum height of 11 storeys and a maximum density of 150 units per hectare will be permitted.
For the lands located at 955 Commissioners Road East, a maximum height of 14 storeys and a maximum density of 150 units per hectare will be permitted.
For the lands located at 978 Gainsborough, a maximum density of 150 units per hectare and a maximum height of 17 storeys will be permitted
For the lands located at 129-139 Pond Mills Road, a maximum height of 13 storeys and a maximum density of 150 units per hectare will be permitted
For the lands located at 1175 Riverbend Road, a maximum height of 16 storeys will be permitted.
For the lands located at 1266 Riverside Drive, a maximum height of 12 storeys and a maximum density of 268 units per will be permitted
For the lands located at 2525 Sheffield Boulevard, a maximum height of 14 storeys and a maximum density of 150 units per hectare will be permitted
For the lands located at 309 Southdale Road West, a maximum height of 14 storeys and a maximum density of 150 units per hectare will be permitted.
For the lands located at 329 Southdale Road West, a maximum height of 14 storeys and a maximum density of 150 units per hectare will be permitted.
For the lands located at 301 St. George Street, a maximum height of 15 storeys and a maximum density of 150 units per hectare will be permitted.
For the lands located at 2975 Tokala Trail, a maximum of 325 units and a maximum height of 15 storeys will be permitted.
For the lands located at 1095 Upperpoint Avenue, a maximum density of 250 units per hectare and a maximum height of 13 storeys will be permitted.
For the lands located at 160 Edgevalley Road, a maximum height of 12 storeys and a maximum density of 150 units per hectare will be permitted.
Policy
Adopted language
Tribunal approved modification
899
The following policy applies to lands within the Shopping Area Place Type and, where explicitly stated, lands within the adjacent Main Street Place Type, located on the northwest corner of Richmond Street and Sunningdale Road West. These policies are to be read in conjunction with the Urban Design Guidelines for Upper Richmond Village in Sunningdale North under the Our Tools part of this Plan.
The following policy applies to lands within the Shopping Area Place Type and, where explicitly stated, lands within the adjacent Main Street Place Type, located on the northwest corner of Richmond Street and Sunningdale Road West. These policies are to be read in conjunction with the Urban Design Guidelines for Upper Richmond Village in Sunningdale North under the Our Tools part of this Plan.
900
Retail uses will not exceed 16,000m2 and individual office uses will be 5,000m2 or less and will not exceed 10,000m2 in total floor space for the entire land area within the Shopping Area Place Type and the adjacent Main Street Place Type.
Within the Shopping Area Place Type and the adjacent Main Street Place Type bounded by Richmond Street, Sunningdale Road West, and Villagewalk Boulevard, a maximum height of up to ten storeys may be permitted. Within this area, retail uses will not exceed 16,000m2 and individual office uses will be 5,000m2 or less and will not exceed 10,000m2 in total floor space for the entire land area.
900A
[doesn’t exist – new policy being proposed]
Within the Main Street Place Type applied to the lands bounded by Villagewalk Boulevard, Richmond Street, and Sunningdale Road West, a large floor plate commercial building may be permitted.
900B
[doesn’t exist – new policy being proposed]
Within the Main Street Place Type and High Density Residential Overlay (from 1989 Official Plan) applied to the lands at 30 Villagewalk Boulevard and 100 Villagewalk Boulevard, a maximum building height of 12 storeys and maximum density of up to 300 units per hectare is permitted.
OLT-22-002286 – Schedule B
OLT-22-002286 – Schedule C
OLT-22-002286 – Schedule D
OLT-22-002286 – Schedule E
OLT-22-002286 – Schedule F
Appeal No.
Counsel
Address
Appellant Name
Status as of May 2, 2022
20
Vikas Sharma
1957 Sunningdale
John Ross
Adjourned to CMC on September 26, 2022 for the purpose of resolution or setting a hearing date.
22
Lombardi
Victoria/ Wilton Grove
London Dairy
Adjourned to CMC on September 26, 2022 for the purpose of resolution or setting a hearing date.
4
Baroudi
108 Exeter Rd
Auburn
Adjourned to CMC on September 26, 2022 for the purpose of resolution or setting a hearing date.
4
Baroudi
1924 Adelaide St N
Auburn
Adjourned to CMC on September 26, 2022 for the purpose of resolution or setting a hearing date.
8
Baroudi
186&188 Huron
KAP
Adjourned to CMC on September 26, 2022 for the purpose of resolution or setting a hearing date.
12
Baroudi
240 Waterloo
1610341 Ontario Inc.
Adjourned to CMC on September 26, 2022 for the purpose of resolution or setting a hearing date.
18
Baroudi
Grosvenor/ St. George./ St. James
Grosvenor Development Corp.
Adjourned to CMC on September 26, 2022 for the purpose of resolution or setting a hearing date.
29
Baroudi
Richmond/ Windermere
Richmond North MCC675
Adjourned to CMC on September 26, 2022 for the purpose of resolution or setting a hearing date.
1
Duffy/ Cheng
560-562 Wellington
Auburn
Hold pending disposition of development application currently in process.
15
Duffy/ Cheng
193-199 College Ave
York
Adjourned to CMC on September 26, 2022 for the purpose of resolution or setting a hearing date.
19
Duffy/ Cheng
1192 Highbury Ave N
York
Adjourned to CMC on September 26, 2022 for the purpose of resolution or setting a hearing date.
36
Duffy/ Cheng
175-199 Ann St
York
Adjourned to CMC on September 26, 2022 for the purpose of resolution or setting a hearing date.
37
Duffy/ Cheng
550 Ridout St N
York
Adjourned to CMC on September 26, 2022 for the purpose of resolution or setting a hearing date.
41
Duffy/ Cheng
3080 Bostwick
York
Adjourned to CMC on September 26, 2022 for the purpose of resolution or setting a hearing date.
27
Duffy/ Cheng
1299 Oxford St E
Westdell
Adjourned to CMC on September 26, 2022 for the purpose of resolution or setting a hearing date.