Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 04, 2023
CASE NO(S).: OLT-22-004106
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Drewlo Holdings Inc.
Subject: Request to amend the Official Plan – Refusal of request
Description: OPA/ZBA/SD to facilitate development of 1300 unit subdivision
Reference Number: OZ-9473
Property Address: 1140 Fanshawe Park Road E
Municipality/UT: London/Middlesex
OLT Case No: OLT-22-004106
OLT Lead Case No: OLT-22-004106
OLT Case Name: Drewlo Holdings Inc. v. London (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: OPA/ZBA/SD to facilitate development of 1300 unit subdivision
Reference Number: 39T-07502
Property Address: 1140 Fanshawe Park Road E
Municipality/UT: London/Middlesex
OLT Case No: OLT-22-004107
OLT Lead Case No: OLT-22-004106
OLT Case Name: Drewlo Holdings Inc. v. London (City)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: OPA/ZBA/SD to facilitate development of 1300 unit subdivision
Property Address: 1140 Fanshawe Park Road E
Municipality/UT: London/Middlesex
OLT Case No: OLT-22-004108
OLT Lead Case No: OLT-22-004106
OLT Case Name: Drewlo Holdings Inc. v. London (City)
Heard: July 10, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Drewlo Holdings Inc. | Analee Baroudi |
| City of London | Christina McCreey Aynsley Hovius (in absentia) |
AMENDING DECISION OF THE TRIBUNAL DELIVERED BY S. DEBOER AND ORDER OF THE TRIBUNAL
1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure, whereby the Tribunal may at any time and without prior notice to the parties correct a technical or typographical error made in a decision or order, the Decision and Order (“Decision”) issued on July 26, 2023, is hereby amended.
2By deleting Attachment 2 to the Order from the Decision and replacing it with the Attachment as attatched to this Amending Decision.
3In all other respects the Tribunal’s Decision remains the same.
“S. deBoer”
S. DEBOER 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.
Attachment 1
Bill No.(number to be inserted by Clerk's Office) 2023 By-law No. Z.-1-23
A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1140 Fanshawe Park Road East.
WHEREAS Drewlo Holdings Inc. has applied to rezone an area of land located at 1140 Fanshawe Park Road East, 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 Ontario Land Tribunal enacts as follows:
Schedule “A” to By-law No. Z.-1 is amended by changing the zoning applicable to the lands located at 1140 Fanshawe Park Road East, as shown on the attached map, FROM a Holding Urban Reserve (h-2UR3) Zone, Urban Reserve (UR3) Zone and Open Space (OS5) Zone, TO a Residential R1 (R1-2) Zone, Residential R1 (R1- 3) Zone, Residential R1 (R1-3(3)) Zone, holding Residential R1 (h-84R1-17) Zone, Residential R5 (R5-7) Zone, holding Residential R5(h-84R5-7), holding Residential R6 Special Provision (hh-54h-R6-5()) Zone, holding Residential R6 Special Provision (hh-54R6-5(_)), holding Residential R6 Special Provision (hR6-5()) Zone, holding Residential R6 Special Provision (h*R6-5()) Zone, holding Residential R6 Special Provision (hR6-5(_)) Zone, holding Residential R8 Special Provision (hh-54h-R8-4()) Zone, holding Residential R8 Special Provision (hh-54R8-4()) Zone, Open Space (OS1) Zone, Open Space (OS5) Zone, Open Space Special Provision (OS5()) Zone, Open Space Special Provision (OS5(_)) Zone, holding Urban Reserve (h2UR3) Zone, Neighbourhood Facility (NF) Zone
Section Number 10.4 of the holding Residential R6 Special Provision Zone is amended by adding the following special provisions: (Block 19)
R6-5(_)
a) The front lot line is considered to be Sunningdale Road East for the purpose of development.
b) No parking is to be permitted within the front and exterior side yard in front of any proposed buildings.
c) Notwithstanding section 3.9(2) of this By-law, the maximum density calculation shall be based on the lot area of 3.92 ha, which includes the lands in the abutting Open Space Special Provision (OS5(_)) Zone.
d) Regulations:
i) Front Yard Depth (m) (min): 3.0 ii) Exterior Side Yard Depth (m) (min): 3.0 iii) Density (uph) (max): 100 iv) Interior Side Yard Depth from Open Space Zone (m) (min): 1.0 v) Height (max): 22.0 m or 6-storeys
- Section Number 12.4 of the holding Residential R8 Special Provision Zone is amended by adding the following special provisions: (Block 19)
R8-4(_)
a) The front lot line is considered to be Sunningdale Road East for the purpose of development.
b) No parking is to be permitted within the front and exterior side yard in front of any proposed buildings.
c) Notwithstanding Section 3.9(2) of this By-law, the maximum density calculation shall be based on the lot area of 3.92 ha, which includes the abutting Open Space Special Provision (OS5(_)) Zone lands.
d) Regulations:
i) Front Yard Depth (m) (min): 3.0 ii) Exterior Side Yard Depth (m) (min): 3.0 iii) Lot Coverage (%) (max): 45 iv) Density (uph) (max): 100 v) Interior Side Yard Depth from Open Space Zone (m) (min): 1.0 vi) Height (max): 22.0 m or 6-storeys
- Section Number 10.4 of the holding Residential R6 Special Provision Zone is amended by adding the following special provisions: (Block 20) R6-5(_)
a) The front lot line is considered to be Sunningdale Road East for the purpose of development.
b) No parking is to be permitted within the front and exterior side yard in front of any proposed buildings.
c) Regulations:
i) Front Yard Depth (m) (min): 3.0 ii) Exterior Side Yard Depth (m) (min): 3.0 iii) Density (uph) (max): 100 iv) Height (max): 22.0 m or 6-storeys
- Section Number 12.4 of the holding Residential R8 Special Provision Zone is amended by adding the following special provisions: (Block 20)
R8-4(_)
a) The front lot line is considered to be Sunningdale Road East for the purpose of development.
b) No parking is to be permitted within the front and exterior side yard in front of any proposed buildings.
c) Regulations:
i) Front Yard Depth (m) (min): 3.0 ii) Exterior Side Yard Depth (m) (min): 3.0 iii) Lot Coverage (%) (max): 45 iv) Density (uph) (max): 100 v) Height (max): 22.0 m or 6-storeys
- Section Number 10.4 of the holding Residential R6 Special Provision Zone is amended by adding the following special provisions: (Block 21)
R6-5(_)
a) Regulations:
i) Front Yard Depth (m) (min): 3.0 ii) Density (uph) (max): 65 iii) Height (max): 14.0m or 4-storeys
- Section Number 10.4 of the holding Residential R6 Special Provision Zone is amended by adding the following special provisions: (Block 22)
R6-5(_)
a) Regulations:
i) Front Side Yard Setback (m) (min): 3.0 ii) Exterior Side Yard Setback (m) (min): 3.0 iii) Rear Yard Depth (m) (min): 4.5 iv) Interior Side Yard Depth (m) (min): 4.5 v) Density (uph) (max): 100 vi) Height (max): 14.0m or 4-storeys
- Section Number 10.4 of the holding Residential R6 Special Provision Zone is amended by adding the following special provisions: (Block 23)
R6-5(_)
a) Regulations:
i) Front Side Yard Setback (m) (min): 3.0 ii) Exterior Side Yard Setback (m) (min): 3.0 iii) Density (uph) (max): 65 iv) Height (max): 14.0m or 4-storeys
- Section Number 36.4 of the holding Open Space OS Special Provision Zone is amended by adding the following special provision: (Block 27)
OS5(_)
a) Lot Area (m2) (min): 16, 540
b) Regulations:
i) Notwithstanding Section 3.9(2) of this By-law, the area of land zoned OS5(_) may be included with the abutting Residential-zoned lands in the block for the purpose of calculating density.
- Section Number 36.4 of the Open Space OS Special Provision Zone is amended by adding the following special provision (Block 29)
OS5(_)
a) Regulations:
i) Lot Area (m2) (min): 93,740
- Section Number 3.8 of the Holding “h” Zone is amended by adding the following holding provision
h- Purpose: The removal of the h- symbol shall not occur until such a time as the Owner has provided direct pedestrian connectivity from Devos Drive to Sunningdale Road East, to the satisfaction of the City. The centreline of the pedestrian connection shall not be located more than 15.0 metres from the centreline of Devos Drive.
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. P13, either upon the date of the passage of this by-law or as otherwise provided by the said section.
PASSED by the Ontario Land Tribunal on , 2023.