Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 22, 2023
CASE NO(S).: OLT-22-004698
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: McCormick Village Inc.
Subject: Proposed Official Plan Amendment No. 74
Description: To permit OPA and ZBA to redevelop an existing cookie factory with mixed-use housing
Property Address: 1156 Dundas Street
Municipality/UT: City of London
Reference Number: C.P-1512 (bv)-261
OLT Case No.: OLT-22-004698
OLT Lead Case No.: OLT-22-004698
OLT Case Name: McCormick Village Inc. v. London (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: McCormick Village Inc.
Subject: By-law No. Z.-1-223068
Description: To permit OPA and ZBA to redevelop an existing cookie factory with mixed-use housing
Property Address: 1156 Dundas Street
Municipality/UT: City of London
Reference Number: Z-1-223068
OLT Case No.: OLT-22-004699
OLT Lead Case No.: OLT-22-004698
Heard: May 4, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| McCormick Village Inc. | Paula Lombardi |
| City of London | Aynsley Hovius/Christina McCreery |
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON MAY 4, 2023 AND ORDER OF THE TRIBUNAL
1The matter before the Ontario Land Tribunal (the “Tribunal”), is the first Case Management Conference (“CMC”) regarding the appeals of the City of London's(“City”) passing of the Official Plan Amendment C.P.-1512 (bv)-261 (the "OPA") and Zoning By-law No. Z-l-223068 (the "ZBL") as it relates to the property municipally identified as 1156 Dundas Street (the "Subject Land").
2The Subject Land is situated at 1156 Dundas Street and consists of the lands formerly known as the McCormick Cookie Factory having a total area of approximately 5 hectares (12 acres). The Subject Land is situated within the McCormick Area Secondary Plan Area and is designated under Part IV of the Ontario Heritage Act.
3The Subject Land was a former industrial and brownfield property that sat vacant for numerous years. The Appellant remediated the property which resulted in a Record of Site Condition being filed at the Ministry of Environment and Conservation and Parks' Environmental Site Registry.
4The Appellant is proposing the development of 111 residential units in the McCormick building; 11 townhouse units, 100 seniors’ apartments and approximately 190 long term care beds providing a mix and range of housing types and services in the area.
5The proposed development is focused on the restoration and adaptive re-use of the former McCormick's Factory into a mid-rise mixed- use building. The proposed draft plan supports a mix of housing types including townhouses, a long-term care facility and seniors' apartment building. The Appellant’s development represents an adaptive re-use of a significant, heritage former industrial building and creates a future development pattern that is pedestrian friendly, transit supportive, accessible to the community and provides a much-needed housing type.
6The purpose of the OPA Application is:
To revise policy 1059 within the Neighbourhoods Place Type, to The London Plan for the City of London to bring it into alignment with the policy framework of the McCormick Area Secondary Plan.
To remove two segments of the "Potential Connection" identified on Schedule 1 "Community Structure Plan" of the McCormick Area Secondary Plan and add a new segment of the "Potential Connection" identified on Schedule 1 "Community Structure Plan".
To revise policy 20.8.2.2 Connectivity within the Community Structure of the McCormick Area Secondary Plan to recognize the topography challenges of the McCormick Factory site (i.e. steep slope coming down from Ashland Avenue across the property), and to assist in implementing future development proposals.
To remove one segment of the "Future Publicly Accessible Connection" identified on Schedule 3 "Street Hierarchy" of the McCormick Area Secondary Plan and add a new segment of the "Future Publicly Accessible Connection" identified on Schedule 3 "Street Hierarchy".
7The purpose of the requested amendment to the ZBL is to facilitate the development on Block three allowing for a maximum height of Six-Storeys.
8The CMC was convened to receive status updates from all Parties to organize the hearing of these appeals.
9An Affidavit of Service sworn by Michael Schulthese was marked as Exhibit 1.
10The Tribunal was informed that the Parties are possibly navigating a course toward a Settlement of these Appeals.
11The Tribunal heard that the Parties are seeking a five (5) day hearing.
12The Tribunal hereby schedules a Five (5) day hearing of these appeals by video commencing on Monday, February 5, 2024, at 10 a.m.to Friday, February 9, 2024.
13Parties and participants 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:
https://global.gotomeeting.com/join/719383509
Access Code 719 383 509
14Parties 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
15Persons 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:. (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.
16Individuals 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 hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
17No further notice will be given.
18The Member is not seized.
19So Orders the Tribunal.
“C. Tucci”
CARMINE TUCCI
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.