Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 26, 2024

CASE NO(S).: OLT-23-000367

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: 785 Wonderland Road Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a mixed-use development on the Westmount Shopping Centre lands consisting of townhouses, apartment buildings and commercial uses
Reference Number: OZ-9565
Property Address: 755, 765, 785, 815 Wonderland Road South
Municipality/UT: London/Middlesex
OLT Case No: OLT-23-000367
OLT Lead Case No: OLT-23-000367
OLT Case Name: 785 Wonderland Road Inc. v. London (City)

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: 785 Wonderland Road Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a mixed-use development on the Westmount Shopping Centre lands consisting of townhouses, apartment buildings and commercial uses
Reference Number: OZ-9565
Property Address: 755, 765, 785, 815 Wonderland Road South
Municipality/UT: London/Middlesex
OLT Case No: OLT-23-000368
OLT Lead Case No: OLT-23-000367

Heard: February 12, 2024 by Video Hearing

APPEARANCES:

Parties	Counsel/Representative
785 Wonderland Road Inc.	Leo Longo
City of London	Christina McCreery Aynsley Hovius

MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON February 12, 2024 AND FINAL ORDER OF THE TRIBUNAL

BACKGROUND/INTRODUCTION

1785 Wonderland Road Inc. (“Appellant”) and the City of London (“City”) reached a Settlement regarding the proposed mixed-use intensification of lands Municipally known as 755, 765, 785, and 815 Wonderland Road South (“Site”).

2The Site is recognized by Londoners as the Westmount Mall, a two-storey commercial and retail space that has transformed overtime and currently includes office space for medical, dental, and professionals on the second floor, an attached movie theatre, and is well known for its iconic two-storey underground parking.

3To achieve the Appellants vision, applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBLA”) were filed to increase the gross floor area for office uses, increase the maximum height to include additional permitted uses, and create a range of residential units. The Appellant appealed the non-decisions of the Council of the City, however continued to work with City staff to refine the applications and ultimately reached a settlement.

4To support the Settlement Proposal, the Appellant called Casey Kulchycki, and the City called Sonia Wise, both land use planners. Upon review of their Curriculum Vitae and Acknowledgement of Expert’s Duty forms, Mr. Kulchycki and Ms. Wise were qualified on consent by the Tribunal to provide opinion evidence in land use planning.

THE SETTLEMENT PROPOSAL

5Mr. Kulchycki and Ms. Wise provided the Tribunal with a fulsome overview of the Settlement Proposal, which can be found in Exhibit 1 and 2, respectively.

6The Settlement Proposal would permit mixed-use development within three distinctive areas with low-rise (three storeys), mid-rise (eight storeys), and high-rise (twelve storeys) as shown in Attachment 1, Schedule A.

7In addition to the long list of permitted uses for lands zoned “Regional Shopping Area (RSA2(3)),” the Settlement Proposal would further broaden the range of permitted uses to include Business Service Establishment, Automobile Sales Boutique, Artisan Workshop, and Craft Brewery.

PLANNING EVIDENCE

8Mr. Kulchycki and Ms. Wise provided the Tribunal with oral and written evidence (Exhibit 1 and 2) to support their findings that the OPA and ZBLA represent good planning, having regard to s. 2 of the Planning Act (“Act”), are consistent with the Provincial Policy Statement (“PPS”), conform to the City of London Official Plan (locally known as “The London Plan”), and constitute an appropriate site-specific amendment to the City of London Zoning By-law (“City’s ZBL”).

9The above-mentioned planning documents relating to the Settlement Proposal have several common elements and are implemented through the OPA and ZBLA, including:

a. Supports mix-used intensification and promotes residential, commercial, and retail development within built-up areas that are close to adequate public transit;

b. The efficient and optimal use of land and infrastructure;

c. Introduces a wide range of housing choices; and,

d. Creation of a complete community, providing a range of retail, service, business, recreational, social, educational, and government uses within walking distance.

10Prior to the commencement of the hearing, the Tribunal received three Participant Statements. Mr. Kulchycki and Ms. Wise are of the opinion that the concerns raised, including traffic impact, office space, and density have been or will be addressed during the development stages. Mr. Kulchycki advised the Tribunal that the traffic impact assessment has been completed and indicates that the overall function of the site has capacity, noting that minor changes will be made to some of the intersections. He concluded that the remaining participant concerns will all be addressed during the site plan process.

FINDINGS

11The Tribunal accepts the uncontested planning evidence and opinions of Mr. Kulchycki and Ms. Wise and is satisfied that the OPA and ZBLA represent good planning, having regard for matters of provincial interest, are consistent with the PPS, conform to the London Plan and constitute an appropriate site-specific amendment to the City’s ZBL.

ORDER

12The Tribunal Orders that the Appeal is allowed in part, and:

a. The City of London Official Plan is amended as set out in the attached Schedule “A”; and

b. The City of London Zoning By-law No. Z-1 is amended as set out in the attached Schedule “B”.

13The Clerk of the City of London may format and number the amendments for record keeping purposes.

“Kurtis Smith”

KURTIS SMITH 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.