Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 26, 2022 CASE NO(S).: OLT-22-002513 (Formerly) PL210310

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Friends of Meadowlily Woods Community Association Subject: Proposed Official Plan Amendment No. OPA 731 Description: To permit a residential development with 36 single detached cluster dwelling units and 10 townhouse dwellings Municipal Reference Number: OPA 731 (C.P.-1284vv-129) Property Address: 101 Meadowlily Road South Municipality: City of London OLT Case No.: OLT-22-002513 Legacy Case No.: PL210310 OLT Lead Case No.: OLT-22-002513 Legacy Lead Case No.: PL210310 OLT Case Name: Friends of Meadowlily Woods Community Association v. London (City)

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Friends of Meadowlily Woods Community Association Subject: Proposed Official Plan Amendment No. LPA 35 Description: To permit a residential development with 36 single detached cluster dwelling units and 10 townhouse dwellings Municipal Reference Number: LPA 35 (C.P.-1512(ai)-130) Property Address: 101 Meadowlily Road South Municipality: City of London OLT Case No.: OLT-22-002515 Legacy Case No.: PL210311 OLT Lead Case No.: OLT-22-002513 Legacy Lead Case No.: PL210310

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Friends of Meadowlily Woods Community Association Subject: Proposed By-law Amendment No. Z.-1-212923 Description: To permit a residential development with 36 single detached cluster dwelling units and 10 townhouse dwellings Municipal Reference Number: Z.-1-212923 Property Address: 101 Meadowlily Road South Municipality: City of London OLT Case No.: OLT-22-002516 Legacy Case No.: PL210312 OLT Lead Case No.: OLT-22-002513 Legacy Lead Case No.: PL210310

Heard: July 4, 2022, by video hearing

APPEARANCES:

Parties	Counsel
Friends of Meadowlily Woods Community Association (“Appellant”)	A. Ciccone
2690015 Ontario Inc. (“Applicant”)	A. Baroudi
City of London	A. Anderson and C. McCreery

MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON JULY 4, 2022, AND ORDER OF THE TRIBUNAL

1This was the second Case Management Conference (“CMC”) in this matter. The appeals are made by Friends of Meadowlily Woods Community Association (“FMWCA”), an incorporated non-profit organization. There are three appeals in the matter against City of London (“City”) approval of two Official Plan Amendments (“OPA”), OPA Nos. 35 and 731, under s. 17(24) of the Planning Act (“Act”) and an appeal under s. 34(19) of the Act regarding approval of a Zoning By-law Amendment No. Z-1-212923 (“ZBA”).

2The approvals were granted by the City to the Applicant. The Applicant, as result of these approvals, plans to develop lands municipally known as 101 Meadowlily Road South (the “Site”).

3Upon approval by the City, the Appellant appealed the decision.

4Since that time the Appellant confirmed through an email to the Case Coordinator dated June 30, 2022, that it was formally withdrawing its Appeal of the following two instruments:

1. Official Plan Amendment OPA 731 (to the 1989 Official Plan) – OLT Case No. OLT-22-002513 (Legacy Case No. PL210310);
2. Official Plan Amendment LPA 35 (to the London Plan) – OLT Case No. OLT-22-002515 (Legacy Case No. PL210311).

5The Appellant indicated its desire to maintain its appeal of the ZBA (By-law No. Z.-1-212923), in support of the settlement before the Tribunal currently.

SITE CONTEXT AND PROPOSED DEVELOPMENT

6The Site is 5.20 hectares (12.85 acres) in size and irregular in shape with 271 metres of frontage along Meadowlily Road South; 271 metres (889.1 feet) depth (south side); 183.8 metres (603 feet) depth (north side); and 224 metres (744.75 feet) width at the rear.

7The subject Site is a vacant residential property, which previously contained one (1) single detached dwelling. The previous dwelling and accessory structure occupied a small footprint in the centre of the subject Site and were demolished in 2020.

8The parcel flanks existing single detached dwellings to the north, which also front onto Meadowlily Road South along with an extension of the Highbury Woods that is privately owned and protected. South of the Site is a large undeveloped lot.

9The surrounding area consists of primarily single detached dwellings along with Meadowlily Woods Environmentally Sensitive Area (“ESA”) to the east and Highbury Woods to the west.

10The Applicant’s proposal calls for the development of 88 condominium dwelling units made up of single detached and townhomes.

EVIDENCE

11Prior to this scheduled second CMC, the Tribunal was advised that a settlement had been reached between the Parties. The Parties jointly requested that the Tribunal approve the ZBA.

12As evidence in the hearing, the Tribunal received the following exhibits, which were identified sequentially during the hearing:

a. Exhibit 1: The Original Zoning By-law approved by the City; b. Exhibit 2: Proposed Zoning By-law Amendment; c. Exhibit 3: Witness Statement of Melanie Muir; d. Exhibit 4: Joint Document Book.

13The Applicant called Melanie Muir as its planning witness who was qualified by the Tribunal, without objection, to provide expert evidence in the area of Land Use Planning. Ms. Muir’s Curriculum Vitae and Acknowledgement of Expert’s Duty were appended to her Witness Statement, which was filed as Exhibit 3. She provided a contextual and land use planning rationale to support the proposed settlement and reviewed Provincial Policy Statement, 2020 (“PPS”) and the City of London Official Plan (“OP”) in support.

Provincial Policy Statement, 2020

14Ms. Muir opined that the Proposed Development conforms to the policies of the PPS, including Policies 1.1.1, 1.1.2, 1.1.3, 1.2.6, 1.4, 1.5, 1.6, 1.6.6, 1.6.7, 1.8, 2.1 and 3.1.

15Ms. Muir stated that the proposed development will meet the intent of the policies in the PPS by providing additional, affordable housing units with a range and mix of housing types and tenures.

16The proposed development meets the intent by providing additional, multi-price point housing units with a range and mix of housing types.

17The proposed housing development encourages the use of under-utilized lands by proposing a land use that can exist in harmony with the surrounding land uses.

18The Site is located near commercial uses, parks and schools, as well as in the vicinity of transit routes, and will also provide opportunities for residents of all abilities to access other areas of the City.

19The proposed development observes and respects the existing ESA boundary and provides a significant sized buffer and setback to allow for the protection and enhancement of Highbury Woods and the Meadowlily Woods ESA surrounding the property. This allows for the redevelopment of an existing residential land for a mix of housing types.

City of London Official Plan

20Ms. Muir opined that the proposed development meets the Directions 6, 7, and 8 set out in the London Plan, which provide for an emphasis on creating mobility choices, building strong healthy and active neighbourhoods and design choices to ensure planning decisions are consistent with the PPS.

21She stated that the development provides a significantly sized buffer and setback to allow for the protection and enhancement of Highbury Woods and the Meadowlily Woods ESA.

22Ms. Muir advised that as per section 460 of the OP, the proposed development will not have access to the necessary civic infrastructure but will have a private sanitary system.

23Ms. Muir concluded that the proposed development would require Site Plan Control to ensure all municipal requirements are met, however, it was her opinion that the proposed development represents good planning.

FINDINGS

24The Tribunal accepts and agrees with Ms. Muir’s opinions on proposed development meets the policies requirements of the PPS and OP that call for compatible intensification for complete communities to offer a range and mix of housing options to current and future residents.

25The Tribunal finds that the proposed development is supported by studies and materials that have been reviewed by the City and other public bodies, who have determined that they conform to the OP policies.

26The Tribunal is satisfied that the settlement has appropriate regard for the matters of Provincial interest in s. 2 of the Act, is consistent with the PPS, conforms to the City’s OP, represents good land use planning and is in the public interest.

ORDER

27THE TRIBUNAL ORDERS that the appeal against By-law No. Z-1-212923 of the City of London is allowed in part, and the Tribunal directs the Municipality to amend the by-law in the following manner. In all other respects, the Board Orders the appeal is dismissed.

1. Schedule “A” to By-law No. Z.-1 is amended by changing the zoning applicable to lands located at 101 Meadowlily Road South, as shown on the attached map comprising part of Key Map No. A.108, from a Holding Urban Reserve (h-2UR1) Zone, to a Residential R6 Special Provision (R6-5()) Zone and an Open Space (OS5) Zone.

2. Section Number 10.4 of the Residential R6 (R6-5) Zone is amended by adding the following Special Provision: R6-5(*) 101 Meadowlily Road South:

a) Regulation[s]

i) Permitted Uses: a) Single detached dwelling; b) Semi-detached dwelling; c) Duplex dwelling; d) Townhouse dwelling;

ii) Height 2.5 storeys (9.5 metres) (maximum).

iii) Density (Maximum) 88 units.

3. The Attachments to this Order shall form part of this Order.

4. The Tribunal may be spoken to should any matter arise respecting the fulfillment of the conditions and/or the implementation of this Order.

“D. Chipman”

D. CHIPMAN 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-22-002513 – Attachment