1989 Official Plan for the City of London by Brendan Cormier

CITY CLERK'S PREFACE

The current Official Plan for the City of London was adopted by the Municipal Council on June 19, 1989 and replaces the 1971 Official Plan. The City of London Official Plan and attached Schedules are provided as a public service. In any situation where the printed Official Plan text of Schedules (maps) of the City of London differ from electronic versions contained in the website, the official printed publications take precedence. Users of this electronic information should verify it with the printed official information before acting on it. Content you access here is not necessarily an exact and/or current reproduction of official documents. For example, Official Plan amendments may be in progress or internet browser display capability may affect map presentation formats and the Official Plan references policies which apply to specific areas. The City of London does not warrant accuracy of these electronic versions and accepts no responsibility for any damages suffered by any person as a result of decisions made or actions based on informational content accessed via its internet site. Official versions of all Official Plan schedules (maps) and related information can be obtained from the City of London City Clerk's Division by calling 519-661-2500 ext 5756. The Minister's approval certificates for the 1989 Official Plan and copies of previous consolidations are on file in the Office of the City Clerk.

Kevin Bain City Clerk

TABLE OF CONTENTS

SECTION I

INTRODUCTION AND PLANNING FRAMEWORK

Chapter 1

INTRODUCTION 1.1 General 1.2 Purpose of the Plan 1.3 Basis for the Adoption of a New Official Plan 1.4 Planning Horizon 1.5 Official Plan Structure

Chapter 2

PLANNING FRAMEWORK Introduction 2.1 Council Strategic Plan 2.2 Official Plan Vision Statement 2.3 Planning Principles 2.4 City Structure Policies 2.5 Growth Forecast 2.6 Growth Management Policies 2.7 Economic Development Strategy 2.8 Community Services Plan 2.9 Environmental Planning 2.10 Agricultural Land Farming 2.11 Transportation Planning 2.12 Downtown Revitalization 2.13 Housing and Community Development 2.14 Heritage and Urban Design 2.15 The Creative City

SECTION II

LAND USE POLICIES

Chapter 3

RESIDENTIAL LAND USE DESIGNATIONS Introduction 3.1 Objectives 3.2 Low Density Residential 3.3 Medium Density 3.4 High Density 3.5 Policies for Specific Residential 3.6 General Provisions 3.7 Planning Impact Analysis

Chapter 4

4.1 4.2 4.3 4.4 4.5 4.6 4.8 4.9 4.10

DOWNTOWN & COMMERCIAL LAND USE DESIGNATIONS Introduction Objectives Commercial Land Use Designations Commercial Nodes Commercial Corridors Planning Impact Analysis General Servicing Provision for Commercial Land Use Designations Planning Impact Analysis General Servicing Provision for Commercial Land Use Designations Drive-Through Facilities

Chapter 5

OFFICE LAND USE DESIGNATIONS Introduction 5.1 Objectives for Office Designations 5.2 Office Areas 5.3 Office/Residential Areas 5.4 Planning Impact Analysis

Chapter 6

REGIONAL AND COMMUNITY FACILITIES DESIGNATIONS Introduction 6.1 Objectives for Regional and community Facilities Land Use Designations 6.2 Regional and Community Facilities 6.3 Planning Impact Analysis 6.4 Regional and Community Facility Secondary Plans

Chapter 7

INDUSTRIAL LAND USE DESIGNATIONS Introduction 7.1 Industrial Objectives 7.2 General Industrial 7.3 Light Industrial 7.4 Office Business Park 7.5 General Provisions 7.6 Planning Impact Analysis 7.7 Secondary Plans

Chapter 8A

OPEN SPACE LAND USE DESIGNATIONS Introduction 8A.1 Objectives for the Open Space Designation 8A.2 Open Space

Chapter 8B

ENVIRONMENTAL REVIEW LAND USE DESIGNATION Introduction 8B.1 Objectives for the Environmental Review Designation 8B.2 Lands Included 8B.3 Permitted Uses 8B.4 Site Alteration and Tree Cutting By-laws

Chapter 9

AGRICULTURE, RURAL SETTLEMENT AND URBAN RESERVE LAND USE DESIGNATIONS Introduction 9.1 Objectives for the Agriculture, Rural Settlement and Urban Reserve Designation 9.2 Agriculture 9.3 Rural Settlement 9.4 Urban Reserve

Chapter 10

POLICIES FOR SPECIFIC AREAS 10.1 Purpose

SECTION III

AMENITY, URBAN DESIGN AND ENVIRONMENT

Chapter 11

URBAN DESIGN PRINCIPLES Introduction 11.1 Urban Design Policies

Chapter 12

HOUSING POLICIES Introduction 12.1 Housing Objectives 12.2 Housing Supply

Chapter 13

PROPERTIES OF CULTURAL HERITAGE VALUE OR INTEREST Introduction 13.1 Objectives 13.2 Built Heritage 13.3 Heritage Conservation Districts 13.4 Archaeological Resources 13.5 Cultural Heritage Landscapes 13.6 Implementation

Chapter 14

COMMUNITY IMPROVEMENT POLICIES Introduction 14.1 Community Improvement Objectives 14.2 Selection and Phasing of Community Improvement Areas 14.3 Implementation

Chapter 15

ENVIRONMENTAL POLICIES Introduction 15.1 Objectives for Environmental Policies 15.2 Natural Heritage System 15.3 Natural Heritage Areas Designated as Open Space 15.4 Components of the Natural Heritage System 15.5 Environmental Impact Studies and Subject Lands Status Reports 15.6 Flood Plain Lands 15.7 Erosion and Wetland Hazards 15.8 Contaminated Lands 15.9 Abandoned Oil or Gas Wells 15.10 Aggregate Resources 15.11 Mineral and Petroleum Resources

Chapter 16

PARKS AND RECREATION POLICIES Introduction 16.1 General Objectives for Parks and Recreation 16.2 Parks and Recreation 16.3 Parkland Acquisition 16.4 General

SECTION IV

SERVICING

Chapter 17

SERVICES AND UTILITIES Introduction 17.1 Services and Utilities Objectives 17.2 Sanitary Sewerage 17.3 Liquid Waste Management 17.4 Operating and Closed Landfill Sites 17.5 Other Waste Facilities 17.6 Stormwater Management 17.7 Water Services

17.8 17.9

Electrical Services Other Utilities

Chapter 18

TRANSPORTATION Introduction 18.1 Transportation Objectives 18.2 Transportation Planning

SECTION V

IMPLEMENTATION

Chapter 19

IMPLEMENTATION Introduction 19.1 Interpretation 19.2 Secondary Plans and Guideline Documents 19.3 Official Plan Amendments, Review and Monitoring 19.4 Zoning 19.5 Non-Conforming Uses 19.6 Subdivision of Land 19.7 Consent Authority 19.8 Committee of Adjustment 19.9 Development Control 19.10 Property Standards 19.11 Land Acquisition 19.12 Public Participation 19.13 Middlesex County and Neighbouring Municipalities 19.14 Provincial Policy Statements and Other Relevant Legislation 19.15 Plans of Condominium 19.16 Complete Application

Chapter 20

SECONDARY PLANS 20.1 Introduction 20.2 List of Adopted Secondary Plans 20.3 Adopted Secondary Plans

INTRODUCTION

1.1.

GENERAL This document constitutes the Official Plan for the City of London, prepared and enacted in accordance with the provisions of the Planning Act, R.S.O. 1990, c. P.13. It replaces the Official Plan for the City of London Planning Area, adopted in 1971, and all amendments to that Plan. For the lands annexed to the City of London by the London-Middlesex Act, 1992, it also replaces the Town of Westminster Official Plan, the Township of London Official Plan, the Township of West Nissouri Official Plan and the Township of North Dorchester Official Plan. (Section 1.1 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

1.2

PURPOSE OF THE PLAN The Official Plan for the City of London contains City Council's objectives and policies to guide the short-term and long-term physical development of all lands within the boundary of the municipality. It provides direction for the allocation of land use, provision of municipal services and facilities, and preparation of regulatory by-laws to control the development and use of land. These types of policies are considered necessary to promote orderly urban growth and compatibility among land uses. While the objectives and policies in the Official Plan primarily relate to the physical development of the municipality, they also have regard for relevant social, economic and environmental matters. In more specific terms, the Official Plan for the City of London is intended to achieve the following purposes: Administrative and Legislative Purposes i)

Guide the exercise of powers conferred on the municipality by the Planning Act, Municipal Act and other provincial legislation pertaining to local government, and develop the linkages between provincial and municipal land use policy.

ii)

Govern and serve as a guide to the decisions of Council on planning matters and public works.

iii)

Assist in the prevention and resolution of land use conflicts, and provide a framework for identifying and evaluating land use opportunities.

iv)

Inform the public of City Council's intentions for the physical development of the municipality, and of the provisions for public participation in the land use planning process.

Implement Provincial Policy Statements as required by the Planning Act. (Clause v) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Physical Growth Purposes vi)

Anticipate land and servicing requirements associated with urban growth over the planning period.

vii)

Provide sufficient lands in the City to meet the demand for residential, commercial, office, industrial and institutional development anticipated over the life of this Plan, including an allowance for choice in terms of location, size of properties and servicing requirements.

viii)

Support the provision of affordable, accessible and appropriate housing by designating, planning the services for, and servicing sufficient lands for a wide range of housing types over a minimum ten year planning period. (Clause viii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

ix)

Provide for an allocation of land use that reduces uncertainty regarding future development, promotes compatibility among uses and recognizes environmental constraints to development.

Provide a basis for the planning of support services such as schools, parks, roads, sewers and water mains.

xi)

Encourage the co-ordination of physical and economic development initiatives to create a climate for economic growth.

xii)

Enhance London's position as the regional centre for southwestern Ontario.

xiii)

Recognize, protect and, where appropriate, provide for the development of natural resource uses. (Clause xiii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

xiv)

Recognize, protect and rehabilitate a natural heritage system in the City of London. (Clause xiv) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

xv)

Conserve prime agricultural lands and protect the viability of farming in agricultural areas. (Clause xv) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

xvi)

Promote the co-ordination and integration of planning for land use and physical services with the planning and delivery of social services. (Clause xvi) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

The Official Plan is a policy document that is implemented through Council's adoption of regulatory by-laws and through the provision of municipal services. In implementing the Plan, it is recognized that Council is limited in its powers authorized under the Planning Act, the Municipal

Act and other provincial statutes, and by the resources available to it within a balanced and responsible approach to the City's financial management. 1.3.

BASIS FOR THE ADOPTION OF A NEW OFFICIAL PLAN The previous Official Plan for the City of London was adopted by London City Council in 1971 and received Provincial approval in 1973. That Plan had been the subject of frequent amendments since its adoption, and it did not adequately address some of the land use issues being considered by Council. This Plan reflects the current objectives of City Council for the long-term development of the municipality, taking into account development and economic trends, changes in provincial legislation, and the views of City residents and interest groups. The Plan has been amended to incorporate the substantial land area annexed to the City of London by the London-Middlesex Act, 1992, and to adopt new policies arising from the Vision '96 comprehensive community planning program initiated by the City following annexation. (Section 1.3 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

1.4.

PLANNING HORIZON It is intended that the Official Plan should provide guidance for the distribution, development and planning of land uses for a period extending to the year 2016. This Plan anticipates that the population of the City will be 385,300 people by the end of the planning period. It is the intent of the Plan to accommodate and to plan for the growth associated with the population, housing and employment projections contained in this Plan. The planning horizon serves as a somewhat arbitrary measure of the duration of the Plan and should not be regarded as a specific completion date for its implementation. Furthermore, the Plan should not be regarded as a static or inflexible document that is resistant to the pressures of unforeseen economic, social or development changes during the planning period. It is intended, therefore, that the validity of the Plan should be maintained through an ongoing process of monitoring, review and modification as required. (Section 1.4 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 1.4 amended by OPA 438 Dec. 17/09)

1.5.

OFFICIAL PLAN STRUCTURE The Official Plan document consists of Part A, which contains the text of the Plan; Part B, which contains the maps; and Part C, which contains the Appendices. Part A, the text, includes five sections - Section I, the Introduction and

Planning Framework Policies; Section II, the Land Use Policies; Section III, Amenity, Urban Design and Environmental Policies; Section IV, Servicing Policies; and, Section V, Implementation Policies. Contained within these sections are statements of objectives and policies intended to fulfill the purposes of this Plan. These objectives and policies, together with the maps contained in Part B, comprise the "official" part of the Plan to be approved by the Minister of Municipal Affairs, and to which the provision of public works and adoption of by-laws by City Council must conform. Part A also contains, at the beginning of various sections, explanatory statements shown in italic type. These statements are provided only to assist in the understanding of the policies and are not considered to be part of the Official Plan. Part B, the Maps, includes Schedule "A" - the Land Use Map; Schedule “B1” – Natural Heritage Features Map; Schedule “B2” – Natural Resources and Natural Hazards Map”; Schedule "C" - the Transportation Corridors Map; and Schedule "D" - Proposed Planning Areas Map. Part C, the Appendices, contains background material and maps that relate to, or elaborate upon, policies contained in the text of the Plan. The Appendices are included for information purposes only and are not considered to be part of the Official Plan. (Section 1.5 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 1.5 amended by OPA 438 Dec. 17/09)

PLANNING FRAMEWORK (Chapter 2 deleted and replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

INTRODUCTION The Planning Framework contains the underlying vision, strategic priorities, principles, assumptions and strategies that provide the basis for the policies contained in the Plan. It describes the direction for long term land use planning arising from Council’s Strategic Plan, and establishes an Official Plan Vision Statement, Planning Principles and City Structure Policies that build upon the Strategic Plan. The Planning Framework elaborates upon the context for long term land use planning in the City of London including the City's growth projections and its relationship to the surrounding region. Strategies for the management of urban growth, protection of the natural environment, conservation of the agricultural land base, promotion of economic development, integration of land use and community services planning, conservation of heritage resources, promotion of good urban design and development of the transportation system are also identified. (Introduction amended by OPA 438 Dec. 17/09)

2.1. COUNCIL STRATEGIC PLAN 2.1.1. Introduction

The 2007 – 2010 Council Strategic Plan was adopted by City Council in June of 2007. It provides the foundation and framework upon which City Council will build its plans for the future of the London. The City of London Official Plan is one of the plans which implements the strategic priorities, objectives and initiatives of the Council Strategic Plan. While the Official Plan was adopted by Council in 1989 and, therefore, predates the Current Strategic Plan, it has been reviewed for consistency with the current edition of the Strategic Plan and amended, where appropriate. Future reviews and updates of the Official Plan will continue to have regard for Council’s Strategic Plan. The first edition of the 2007 – 2010 Council Strategic Plan consists of the following: Vision Statement – which reflects the hopes, dreams and aspirations for the future of London; Strategic Priorities – eight areas of community direction were identified and definitions and goal statements were formulated for each of these priorities; and Results – the outcomes that residents of London want Council to achieve on their behalf”. (Section 2.1.1. amended by OPA 438 Dec. 17/09)

2.1.2. Strategic Plan Vision Statement

Our Vision - We are caring, responsive community committed to the health and well-being of all Londoners. The actions we take will be socially, environmentally and fiscally responsible so that our quality of life is enhanced and sustained for future generations. Our people, heritage, diverse economy, strategic location, land and resources are our strengths. London - A community we proudly call home.

2.1.3. Strategic Priorities

Economic Prosperity Creating an environment for a resilient, diversified and inclusive economy. Our goal is to accelerate the growth of a strong and vibrant economy and foster private sector investment in the City.

ii)

Infrastructure Renewal and Expansion Investing in a strategic and sustainable municipal infrastructure. Our goal is to construct and maintain a modern and progressive municipal infrastructure that meets the needs of a growing community.

iii)

Community Vitality Enhancing a creative, caring and engaged community. Our goal is to assure the health, safety and well-being of individuals and families while promoting livable, accessible and inclusive neighbourhoods.

iv)

Environmental Leadership Valuing our natural heritage and environment. Our goal is to protect a healthy and sustainable environment and encourage an environmentally-sensitive City.

Creative, Diverse and Innovative City Capturing the value of Londonâ&#x20AC;&#x2122;s heritage, culture, arts and diversity. Our goal is to define and strengthen the cityâ&#x20AC;&#x2122;s unique identity.

vi)

Progressive Transportation System Building and co-ordinating an efficient and effective transportation network.

Our goal is to ensure that people have affordable alternative for accessible, convenient and safe transportation. vii)

Managed and Balanced Growth Implementing a strategic approach to growth. Our goal is to plan for and manage growth for the long term economic, environmental and social benefit of the community.

viii)

Financial Stability Realizing a prosperous financial future. Our goal is to achieve and sustain a healthy financial position for The Corporation of the City of London.

(Section 2.1.3. deleted and replaced by OPA 438 Dec. 17/09)

2.1.4. Results

Our vision for London and our focus on eight strategic priorities will produce three overall results for Londoners. Our vision for London and our focus on eight strategic priorities will produce three overall results for Londoners. i)

High Quality of Life People are drawn to communities where a high quality of life is maintained and assured.

ii)

Valued Service People expect to get value for their tax dollar and know that the City is investing their tax dollars in valued services.

iii)

Engaged Citizens and Employees

People want to be engaged in the lives of their communities and in municipal government and City employees are actively engaged in serving the public. Section 2.1.4. added by OPA 438

2.1.5. Support for Strategic Plan

It is the intent of City Council to support the Vision and Goals of the Council Strategic Plan through the Official Plan and its implementation mechanisms. (Section 2.1.5. renumbered and amended by OPA 438 Dec. 17/09)

2.2.

OFFICIAL PLAN VISION STATEMENT The proposed Vision Statement for the Official Plan, as set out below, is intended to convey an image of the City of London that City Council hopes to achieve over the twenty year planning period of the new Plan. It is

consistent with the Strategic Plan Vision Statement but focuses more on the physical form and character of the City. The Vision Statement represents a desired future that may not be achieved over the lifetime of the Official Plan but which will provide a sense of direction for future review and implementation of land use planning policies. (Section 2.2. amended by OPA 438 Dec. 17/09)

2.2.1. Official Plan Vision Statement

The following Vision Statement is an expression of City Council's intent for the long term planning and management of land use and growth in the City of London: The City of London Official Plan will provide guidance for the physical development of a healthy community that will contribute to the well-being of all Londoners and that is sustainable for the benefit of future generations. Through the implementation of the Plan, City Council will: i)

manage growth and change so that efforts to foster economic development; protect and enhance nature within the City; provide for the efficient movement of people and goods; and promote attractive, cohesive neighbourhoods, are in balance and supportive of each other;

ii)

fulfil growth-related requirements for housing, open space, places of employment and commerce, and other uses, through the efficient utilization of existing serviced land and infrastructure, supplemented by a carefully managed expansion of the urban area;

iii)

protect agricultural lands outside of designated growth areas from incompatible development or activities that detract from the long term viability of farming;

iv)

protect and enhance natural features and attributes that are significant to the maintenance of ecosystem health in the Thames River and Kettle Creek watersheds;

promote an urban form that features a strengthened and revitalized Downtown serving as the commercial, cultural and administrative centre for the City and region. The more intensive forms of residential and commercial development outside of the Downtown will continue to be focused along sections of major transportation corridors and in designated nodes to facilitate public transit. An expanded and enhanced system of parklands, natural areas and trails along the valleys and ravines of the Thames River and Kettle Creek watersheds will provide continuous corridors for recreation, wildlife habitat and refuge from urban life;

vi)

apply urban design objectives and guidelines to assist in the protection and enhancement of neighbourhood and streetscape character, promote the retention and re-use of heritage buildings, encourage enhanced accessibility design standards, provide for

the blending of infill and redevelopment projects with their surroundings and support the City's transportation planning objectives; and (Clause vi) amended by OPA 438 Dec. 17/09)

vii)

2.3.

utilize planning processes that are responsive to neighbourhood and community needs, provide meaningful opportunities for public participation and recognize that neighbourhoods are the strength of the community and the foundation for achieving London's vision of the future.

PLANNING PRINCIPLES Planning principles are the underlying concepts and values that influence the formulation of land use and development control policies.

2.3.1. Planning Principles

The following planning principles are reflected in the objectives and policies contained in this Plan. It is intended that they shall continue to be applicable to any future amendments to the Plan. i)

An Official Plan should be responsive to community values and changing socio-economic conditions, and should provide direction for evaluating and implementing proposals for change.

ii)

Land use planning should promote compatibility among land uses in terms of scale, intensity of use and potentially related impacts.

iii)

Land use planning should be conducive to the maintenance and enhancement of environmental quality and conservation of natural, cultural and built heritage resources.

iv)

An Official Plan should include provisions to promote the public's understanding of, and participation in, the planning process.

Planning for urban growth should encourage a compact urban form which is conducive to the maintenance and efficient use of services and facilities and which minimizes the loss of productive agricultural land.

vi)

An Official Plan should enhance the character of residential areas and direct redevelopment and intensification activities to locations where existing land uses are not adversely affected.

vii)

Land use planning should promote attractive, functional and accessible site and building design which is sensitive to the scale and character of surrounding uses. (Clause vii) amended by OPA 438 Dec. 17/09)

viii)

Land use planning should be closely coordinated with the planning and implementation of infrastructure and transit improvements, to enhance the efficiency and accessability of all modes of travel in the transportation network, and to provide an appropriate level of

service throughout the City of London. (Clause viii) amended by OPA 438 Dec. 17/09)

2.4.

CITY STRUCTURE POLICIES The term "City structure" describes the range of characteristics associated with the nature and distribution of land uses in the City of London. It has both an historic perspective, in relation to the way the City has developed to date, and a strategic perspective, in the sense of shaping how the City will develop in the future.

2.4.1. City Structure Policies Role of the Downtown

The following polices provide the strategic basis for the formulation of more specific land use, servicing and development control policies contained in this Plan: i)

The Downtown shall be primary business, office, institutional, entertainment and cultural centre for the City of London. (Clause i) amended by OPA 438 Dec. 17/09)

RegionalScale Shopping Facilities

ii)

Regional-scale shopping facilities shall be located in the Downtown and in designated Regional Nodes. Regional Nodes shall be primarily oriented to retail and service commercial uses. Transit and pedestrian connections to these facilities shall be promoted. (Clause ii) amended by OPA 438 Dec. 17/09)

Other Shopping Facilities

iii)

Shopping needs for goods and services required on a regular basis will be primarily met through a network of commercial nodes and corridors and convenience centres that are located to facilitate access from major transportation routes and to minimize their impact on residential areas and other surrounding land uses. (Clause iii) amended by OPA 438 Dec. 17/09)

New Retail Development

iv)

New forms of retail development shall be considered as part of the commercial hierarchy as defined by this Plan. Large-scale retail development will be directed to planned commercial centres and corridors. Infill and intensification at appropriate locations as well as redevelopment of existing sites shall be encouraged as the primary means of accommodating additional retail development. (Clause iv) amended by OPA 438 Dec. 17/09)

Corridor Commercial Development

New Corridor commercial development shall be directed to arterial roads and shall be carefully controlled to discourage the unwarranted extension of strip development, to promote the integration of uses, and to minimize the disruption to traffic and surrounding residential areas. (Clause v) amended by OPA 438 Dec. 17/09)

High and Medium Density Residential Development

vi)

High and medium density residential development shall be directed to appropriate areas within and adjacent to the Downtown, near the periphery of Regional and Community Shopping Areas, and in selected locations along major roads specifically along transit nodes and corridors as identified in Chapter 18, and near Open Space designations. It is recognized that through infill, intensification and redevelopment, some high and medium density

residential projects may be permitted in areas which have not been identified as preferred locations. The approval of these developments will be based on the ability of a site to accommodate development in a manner which requires that compatibility concerns and servicing constraints be addressed. It is Council's intent that on large parcels of land within the Multi-Family, High Density Residential designation, a mix of housing types, building heights and densities will be developed. (Clause vi) amended by OPA 438 Dec. 17/09)

Office Development

vii)

The Downtown shall continue to be the dominant office employment area in the City, and large office developments shall be encouraged to locate there. Opportunities will be provided for small and medium-scale office development in locations outside of the Downtown to accommodate uses that have site area, location or accessibility requirements which may not be appropriate for a Downtown location.

Industrial Development

viii)

Industrial development will be encouraged to locate in planned industrial areas. The use of older industrial areas as a means of encouraging start-up industries is provided for by the Plan. Economic growth and diversification shall also be encouraged through opportunities for the creation of office business parks at locations outside of traditional industrial areas.

Neighbourhood Protection

ix)

While it is recognized that there may be redevelopment, infill, and intensification in some established residential neighbourhoods, higher intensity land uses will be directed to locations where the character of the residential area is enhanced and existing land uses are not adversely affected.

Public Open Space

The valley lands of the Thames River and its tributaries shall continue to be regarded as the primary open space resource in the City of London, and programs to increase public ownership, accessibility and use of these lands shall be pursued.

Natural Heritage System

xi)

A natural heritage system comprised of areas, features, corridors, habitats, ecological functions and their connecting links that are significant for their contribution to the health and diversity of the City's natural environment will be identified and protected through the Official Plan and in the planning documents, such as environmental impact studies and guideline documents required for implementation of the Official Plan. (Clause xi) amended by OPA 438 Dec. 17/09)

Protection from Natural Hazards

xii)

Development on lands identified as floodplain will be restricted. Development on lands subject to erosion and slope or soil stability hazards will be limited to areas where the risk to public safety and of property damage can be avoided.

Protection of Aggregate

xiii)

Development on lands which are identified in this Plan as aggregate resource areas will be restricted until such time as the

Resources

resources that are viable for extraction have been removed.

Distribution of Employment Areas

xiv)

Development that will broaden the distribution and range of employment opportunities in the City will be encouraged. In particular, consideration shall be given to the creation of office business parks outside of traditional industrial areas, and to research and advanced technology facilities associated with the University and the hospitals.

Transition Areas

xv)

Areas near the Downtown that are appropriate for conversion and redevelopment to higher density residential, specialty retail, restaurant and office uses shall be identified as gateway areas to the Downtown and shall be part of the Main Street Commercial Corridor designation and be subject to a higher urban design standard. (Clause xv) amended by OPA 438 Dec. 17/09)

Compact Urban Form

xvi)

A compact urban form and efficient use of serviced land shall be encouraged. Compact urban form, as used in the Plan, pertains to the development or expansion of the urban area of the City in a manner that avoids a scattered or "leap-frog" development pattern, maximizes the use of existing services, minimizes the loss of productive agricultural land, is conducive to the provision of public transit and minimizes the need for and cost of new infrastructure.

Infill and Intensification

xvii)

Where lands and buildings are appropriately located in accordance with policy 3.2.3. and appropriately serviced in accordance with Chapter 17, infill development and intensification of lands or buildings suitable for residential development shall be encouraged. Opportunities for office, institutional and industrial infill and intensification through new development or redevelopment in the Office, Community and Regional Facility and Industrial land use designations shall be encouraged. (Clause xvii) amended by OPA 438 Dec. 17/09)

Allowance for Choice

xviii)

Within the boundaries of the City, as they exist over the planning period, the planning and servicing of land to meet residential, commercial and industrial development requirements shall incorporate a reasonable allowance for choice according to location, site area, servicing affordability and other criteria. (Clause xviii) amended by OPA 438 Dec. 17/09)

Heritage Conservation

xix)

The historic perspective of the City will be recognized through the preservation and/or rehabilitation of older commercial, institutional and residential structures which have heritage value on the basis of their cultural heritage value or interest. (Clause xix) modified by Ministry Modification Dec. 17/09)

Protection of Agricultural Lands

xx)

Agricultural land shall be protected for long term agricultural uses. Permitted uses and activities on designated agricultural lands are limited to agriculture uses, secondary uses and agriculture related uses.

Development that is not related to or supportive of agriculture will be accommodated within areas designated for Urban Growth so that designated agricultural lands are protected. (Clause xx) amended by OPA 438 and Ministry Modification #2 Dec. 17/09)

Sustainable Development

xxi)

Forms of development that are designed to be pedestrian-oriented, supportive of public transit service and within the bounds set by the need to maintain or sustain environmental health, shall be supported through redevelopment and in planning for areas of new development. (Clause xxi) added by OPA 438 Dec. 17/09)

2.5.

GROWTH FORECAST This Section of the Plan deals with anticipated population growth, housing demand and land area requirements for urban expansion within the City of London to the year 2016. Growth forecasts are necessary for the planning and timing of land development, infrastructure expansion and the provision of public services and facilities. The growth forecasts providing the basis for the Official Plan at the time of its initial adoption in 1989 were based on the City of London Economic Growth Strategy adopted by Council in 1983. Updated population growth and housing demand projections were adopted by City Council at the outset of the Vision `96 community planning project in 1995 and again in 2006 in conjunction with the Official Plan Review. The forecast report was updated in the Summer of 2006 by Clayton Research to reflect changes in underlying macro-economic conditions, federal policies affecting immigration and the land-planning policy environment in Ontario. Four interrelated models were employed by Clayton Research: economic, population, housing demand and non-residential building space. The methods used to derive these models are well accepted across the industry and have been used by Clayton Research to model growth in many other cities across Canada. These employment, population, housing and non-residential construction projections were approved for use as the basis for the determination of land needs by City Council in October of 2006. The resulting forecast of land requirements to accommodate growth over the planning period is taken from the Land Needs Study adopted by City Council in May of 2007. In general, the forecast begins with an examination of the London economy within the context of the Canada, Ontario, Southwestern Ontario and Middlesex County economies. Prospects for growth are considered by economic sector and an employment forecast is prepared. The employment forecast drives the population forecast (since employment drives net migration) within the context of a cohort survival model which is consistent with the population projection methodology guidelines set out by the Ministry of Municipal Affairs. Population forecasts were converted through Claytonâ&#x20AC;&#x2122;s housing demand model to project anticipated household growth for the City of London. Potential household growth is a function of the projected population by age using headship rates (number of people in

each age group who are projected to head up a household). Demand by structure type was determined from historical housing start and completion data examining the relationship between family type and dwelling types as the population ages. The employment forecast also drives the Industrial, Commercial and Institutional floor space forecast. Floor space to employment ratios were derived from historical London factors (Section 2.5. amended by OPA 438 Dec. 17/09)

2.5.1. Regional Context

The City of London is located in the heart of Southwestern Ontario, at the hub of major rail, highway and air transportation routes. Much of the impetus for its growth can be attributed to its strategic location and to its role as a regional centre for economic, administrative, institutional and cultural activities. Economic growth in Southwestern Ontario has been robust over the 2001 to 2006 period, due in part to growth in the high-tech and automotive sectors. Going forward these positive factors will keep growth prospects in Southwestern Ontario elevated. This Plan is formulated on the premise that the City of London will continue to develop its role as the principal centre within the region for the attraction of in-migration and business expansion which generates population and economic growth. The City will plan to accommodate the growth that it is generating within its boundaries through the efficient use of land and services. (Section 2.5.1. amended by OPA 438 Dec. 17/09)

2.5.2. Population Projection

The population of the City of London has been projected to grow at the rate of just under 1% per annum reaching approximately 419,700 people by 2026. The approved population projection is as follows: Year Pop.

2006 352,400

2011 368,400

2016 385,300

2021 402,600

2026 419,700

(Section 2.5.2. amended by OPA 438 Dec. 17/09)

2.5.3. Housing Demand Forecast

Total new residential construction in the 20-year planning period is expected to be approximately 37,925 new units. Housing construction will peak in the current period and decline gradually thereafter. The following table shows the annual housing completion forecast to 2026: Year 2006-2011 2011-2016 2016-2021 2021-2026

Low (singles&semis) 1,290 1,250 1,150 990

Medium (row) 300 380 360 310

High (apartments) 410 380 380 350

Low density housing is expected to continue to account for the majority

Total 2,030 2,020 1,890 1,645

(62%) of housing completions. The demographic shifts anticipated in the population profile (aging of population), along with the natural pace of urban growth suggest a gradual shift toward higher density housing demand in the City of London over the next three decades. It is expected that medium and high density housing will account for about 20% each of the total residential construction in the future. (Section 2.5.3. amended by OPA 438 Dec. 17/09)

2.5.4. Economic Outlook

The City of London has a diversified economic base which has enabled it to maintain comparatively steady, stable growth over the past twenty years. While London's economy, like that of all municipalities, is influenced by the many factors beyond its control, such as the global economy, interest and exchange rates, and federal and provincial taxation, regulation and trade policies, it does have characteristics that are conductive to performance levels that are likely to exceed the provincial norm. Some of these characteristics are as follows: i)

a strategic location at a mid-point in the road and rail corridors between Detroit and Toronto;

ii)

its role as a regional centre for Southwestern Ontario;

iii)

the strength of its health, education, social services, finance and insurance, and retail and wholesale trade sectors; and

iv)

strong net migration into the City, which is, in part, attributable to its health and education institutions.

All told, employment in the City of London is projected to increase by approximately 47,000 persons over the period 2001 - 2031. This represents an average annual rate of growth of 0.8% per year. (Employment, Populations, Housing and Non-Residential Construction Projections, City of London, 2006 Update (Clayton Research)). The City, through its Economic Development Strategy, and in conjunction with the London Economic Development Corporation, hopes to achieve a rate of employment growth that exceeds this projection. (Section 2.5.4. amended by OPA 438 Dec. 17/09)

2.5.5. Land Requirements

The forecasted growth in population, housing and employment will be accommodated in the following ways: i)

through the intensification of land use in existing urban areas involving infill, re-development and the conversion of existing buildings. It is estimated that, over the planning period, 5% of the forecasted demand for single and semi-detached dwellings (low density), 25% of the demand for row housing (medium density), and 75% of the demand for apartments (high density) will be met on an intensification basis, These estimated levels will be regarded as the minimum targets for intensification development. Council promote opportunities for redevelopment and intensification through the provision of adequate infrastructure and

community facilities and through incentives for the reuse of brownfield sites. (Clause i) amended by OPA 438 Dec. 17/09)

ii)

through the development of vacant, designated Residential or Industrial lands within the general limits of the existing urban areas. It is assumed that all such lands will be developed over the planning period; and

iii)

through the identification of lands suitable for urban area expansion to accommodate community and industrial growth needs. Such areas are sized according to the residual demand for housing and industrial development after taking into account; an allowance for intensification; an allowance for the existing supply of vacant, designated land; an allowance for major commercial, institutional and private open space land uses; a contingency for the possibility of higher-than-forecast demand, a lack of land owner interest in development and certain density and housing mix assumptions used in the forecasting not being met; and an allowance for the implementation of Principles and Policies, governing the physical development and growth management of the city under this plan, not otherwise accounted for.

2.6.

GROWTH MANAGEMENT POLICIES

2.6.1. Introduction

Responsible growth management is a key element of the City of London's strategic approach to the accomplishment of its Vision and Strategic Priorities. One of Councilâ&#x20AC;&#x2122;s Strategic Priorities is Managed and Balanced Growth. Growth management embodies the City's commitment to optimize the use of existing and new services and facilities, to protect and rehabilitate its natural heritage, to conserve its prime agricultural lands, to take full advantage of its opportunities for sustainable economic development and to promote healthy communities, while maintaining a strong financial position for the municipality. (Section 2.6.1. amended by OPA 438 Dec. 17/09)

2.6.2. Growth Management Principles

The Growth Management Policies are based on the following principles: i)

that growth will maintain a compact urban form;

ii)

that the measures necessary to accommodate growth through land use intensification, having regard to the timely and efficient use of existing infrastructure, will be supported;

iii)

that growth-related infrastructure costs and the financial implications of required works for the Cityâ&#x20AC;&#x2122;s capital budget and development funds will be evaluated at an early stage of the area planning and development approval processes. (Clause iii) added by OPA 438 Dec. 17/09)

iv)

that growth will be directed to areas that are suitable for the provision of full municipal services in keeping with the City's long

term servicing and financing plans; (Clause iv) renumbered by OPA 438 Dec. 17/09)

that outward expansion of the urban area will be managed to provide for a logical progression in the extension of service areas having regard to cost-effectiveness and optimization of existing infrastructure capacity; (Clause v) renumbered by OPA 438 Dec. 17/09)

vi)

that the City may stage the extension of services and approvals of development both within new areas of community growth and between new areas of community to maximize the cost effectiveness of its infrastructure investments. (Clause vi) added by OPA 438 Dec. 17/09)

vii)

that new areas of community growth will be planned to provide a mix of housing types and to achieve a target density consistent with a more efficient utilization of land and services;

viii) that the City will maintain an adequate supply of vacant designated land to accommodate the expansion of its urban areas in an orderly, efficient, timely and affordable manner; ix)

that the implications of new development for the financial health of the municipality will be assessed and that growth related costs will be financed from revenues generated from growth; that the City will consider and encourage viable innovative proposals such as partnerships, cost-sharing and alternative technologies and design standards, that may reduce the overall costs of growth or allow for the more timely delivery or use of the infrastructure required for growth, provided such proposals satisfy City requirements and will contribute to a compact urban form;

xi) that planning for growth will support the identification and protection of London's Natural Heritage System; xii) that the City will encourage measures that protect and enhance the ecological function and integrity of the Natural Heritage System; and (Clauses vii) to xii) renumbered and amended by OPA 438 Dec. 17/09)

xiii) that the City may adopt and annually update a development staging strategy to co-ordinate the orderly progress of urban area expansion with municipal investment in growth related capital works. (Clause xiii) added by OPA 438 Dec. 17/09)

2.6.3. Growth Financing Policies

The financing requirements to service new development should not jeopardize the long term financial health of the municipality or place an undue burden on existing taxpayers. The following growth financing policies are intended to achieve these objectives:

Growth related capital costs will be recovered from revenues generated from new development.

ii)

The review of secondary plans or proposals for major development approvals outside of an area study will require a complete financial impact analysis demonstrating the potential financial implications of the proposed development on the City, and area studies or major development proposals may not be approved without an approved plan for financing municipal services. Approval of an area plan, major development proposal or plan of subdivision may be refused or deferred if a satisfactory financial analysis is not submitted for the Cityâ&#x20AC;&#x2122;s review or if the City determines that the required investment in municipal works would be premature. The financial impact analysis shall consider the scope, total cost, cost sharing and timing of major road, sewer, water and storm water management works. The financial impact analysis shall also incorporate an assessment of the total cost, cost sharing and timing of community facilities and services including parks and recreation facilities, libraries, public transit, and fire and police services needs associated with growth. The analysis will also project the development charge revenue to be generated from the build-out of the development area. The City may stage infrastructure works and/or development approvals to manage its capital budget commitments. (Clause ii) amended by OPA 438 Dec. 17/09)

iii)

The City will consider, as part of the secondary plan process, the involvement of the private sector in the development, operation, construction and financing of long term servicing infrastructure.

iv)

Temporary servicing arrangements must be consistent with long term planning, servicing and financing strategies and policies and must contribute to the cost of providing long term servicing through the payment of development charges. (Clause iv) amended by OPA 438 Dec. 17/09)

The City may explore alternatives for the financing of oversizing costs (that portion of servicing projects that have been sized to accommodate growth beyond the planning period) until these costs and related interest carrying costs can be recovered from future development.

vi)

The City will plan and budget for major infrastructure works in keeping with its financial management strategy and with regard for the balance of revenues and expenditures from its development charges funds. Infrastructure works and development approvals may be staged accordingly.

vii) The City will consider, as part of a development charges study, the use of a differential development charge to encourage intensification and infilling. (Clauses vi) and vii) added by OPA 438 Dec. 17/09)

2.6.4. Growth Servicing Policies

The City of London will plan the provision of services to accommodate growth so that servicing is timely, cost efficient, environmentally-sound, consistent with long term servicing plans and within the financial means of the municipality. Servicing subject to this strategy includes physical infrastructure such as sanitary sewerage works, storm drainage works, water supply and distribution, and road works. It also includes the provision of community facilities and services including parks and recreation facilities, libraries, public transit, and fire and police services. The City, in consultation with appropriate agencies, will also have regard for the provision of other services such as electrical and communications, utilities, schools, health services and other social services.

2.6.4.1. General

The City will apply the following polices to the planning, review and approval of development applications and servicing proposals: i)

The services required to support growth will be identified through the update of the Official Plan and major servicing plans, and through the preparation of Area Plans.

ii)

The City will monitor the servicing requirements of proposed and approved development and will control, plan and co-ordinate the expansion of its municipal services to provide adequate capacity and performance in a timely, cost efficient manner. In controlling, planning and co-ordinating for required servicing, the City will have regard for the optimization of existing infrastructure and the merits of managing and/or limiting growth according to the availability of uncommitted sewer and water servicing capacity and the capacity of existing roads to accommodate the additional traffic. The City will also have regard for the optimization of existing infrastructure and the merits of managing and/or limiting growth according to the availability of uncommitted servicing capacity.

iii)

Development approvals may be refused if there is insufficient existing or planned servicing capacity to accommodate the proposed use within a reasonable timeframe.

iv)

Where projected and potential growth within any portion of the Urban Growth Area is nearing or exceeding the threshold of available sewer or water servicing capacity, the City will adopt measures to manage the allocation of available capacity until such time as the capacity constraint is resolved. Where the constraint is likely to be short term in nature (generally less than three years) such measures may include, but are not limited to the deferral of development approvals; the use of conditions to ensure that development, once approved, occurs in a timely manner; the use of holding zone provisions; and development limitations. Where the solution to a capacity constraint is longer-term in nature, as is the case in the Greenway Pollution Control Plant service area, the City will establish priorities for the allocation of available capacity and limit development approvals in accordance with these priorities

so that planned growth does not exceed the availability of servicing capacity. The following order of priorities for the allocation of servicing capacity in the Greenway service area until such time as the Southside Pollution Control Plant is built, are based on the Official Plan objectives related to effective use of infrastructure, intensification and infill, compact urban form and economic development: (a)

Growth in the form of redevelopment, expansion or intensification on serviced lands with the built up area of the City will take precedence over growth on previously undeveloped lands. Capacity will be allocated on the basis of projected demand plus a reasonable contingency.

(b)

Industrial growth will take precedence over non-industrial growth on previously undeveloped lands. Capacity will be allocated on the basis of projected demands.

(c)

Remaining capacity will be allocated for non-industrial growth on previously undeveloped lands. Within these areas, priority will be given to development that, in the opinion of the City, best advance the public interest.

(d)

Take-up of allocated capacity will be monitored. If significant portions the allocated capacity are not used, the City may re-assign that unused capacity in keeping with priorities a), b) and c) assuming no major works will be prematurely triggered.

Non-growth needs will be addressed in conjunction with the planning and delivery of growth related services.

vi)

The City will pursue the orderly development of growth areas so that services are efficiently used.

vii)

Sewer and water services will be sized according to ultimate land areas and populations intended to be served.

viii)

The City will not extend municipal water and sewer services beyond the limits of the land designated for urban growth except as set out in policies 17.2.3. and 17.7.5.

ix)

The use of existing infrastructure and public service facilities will be optimized, wherever feasible, before giving consideration to the development of new infrastructure and public service facilities.

Infrastructure and public service facilities will be strategically located to support the effective and efficient delivery of emergency management services. Applications that do not meet the Cityâ&#x20AC;&#x2122;s priorities for the allocation

of servicing capacity may be refused on the basis of prematurity. (OPA #438 â&#x20AC;&#x201C; OMB Issue Date July 13, 2011)

2.6.4.2. Sanitary Sewerage

The City will promote the maintenance and expansion of a municipal sanitary sewerage collection and treatment system that will: (a)

have the potential to service all areas of the municipality intended for urban development;

(b)

maximize the service area of gravity drainage systems and minimize the number of pumping stations required;

(c)

optimize the capacity of the existing Greenway, Pottersburg, Oxford, Adelaide and Vauxhall Treatment Plants and collection systems to accommodate growth;

(d)

provide for the construction of a Southside Sewage Treatment Plant to service the Dingman Creek drainage area in keeping with the Growth Management Policies. An environmental impact assessment and any other studies required prior to commencement of this project will be undertaken at the earliest opportunity;

(e)

place a high priority on measures to address existing problems of sewage overflows and basement flooding;

(f)

provide for continued improvement in the quality of the effluent being directed to the Thames River;

(g)

direct and accommodate growth in a manner that promotes the efficient use of existing municipal sewage services;

(h)

be financially viable and in compliance with all regulatory requirements, and

(i)

protect human health and the natural environment.

(Clauses g) h) and i) added by OPA 438 Dec. 17/09)

ii)

While the City strongly supports development on full municipal services, the need for flexibility to allow the consideration of interim sanitary servicing options that may provide for more timely development, without detracting from the viability of the long term servicing plan, is recognized. The City will assess proposals for temporary sanitary servicing according to the servicing policies set out in Policy 17.2.4 of this Plan. Emphasis will be placed on the implications that proposed temporary systems would have on the physical and financial viability of future municipal services in keeping with the Sanitary Sewerage Servicing Study. The City may permit a temporary sanitary servicing system where

the proponent can demonstrate that certain criteria as set out in Section 17.2 are met. The proponent will bear the cost of the temporary system and contribute to the financing of the long term servicing solution through the payment of development charges or other form of payment approved by Council. (Clause ii) amended by OPA 438 Dec. 17/09)

2.6.4.3. Water Supply

iii)

Individual wastewater treatment systems may be permitted for proposed "dry" commercial or industrial development on lands that were designated for commercial or industrial use before they were annexed to the City of London on January 1, 1993 provided certain criteria as set out in Section 17.2. are met. Lands not serviced by municipal sanitary sewerage facilities will be subject to a holding zone limiting uses to "dry" uses until the services are available.

iv)

Notwithstanding the above policies for the consideration of sanitary servicing options, residential subdivision development on individual wastewater treatment systems will be discouraged.

The City will promote the maintenance and expansion of a water supply and distribution system that will: i)

ii)

have the potential to service all areas of the municipality intended for urban development; provide adequate water pressure for all servicing conditions; (Clause ii) amended by OPA 438 Dec. 17/09)

iii)

optimize the capacity of existing pumping stations and reservoirs;

iv)

place a high priority on the efficient use of water as a method to minimize the future demand for water supply and associated sewage treatment;

direct and accommodate expected growth in a manner that promotes the efficient use of existing municipal water services;

vi)

be financially viable and in compliance with all regulatory requirements;

vii)

promote water conservation and water use efficiency; and

viii) protect human health and the natural environment. (Clauses v) to viii) added by OPA 438 Dec. 17/09)

All development within the Urban Growth Area Shall be dependent upon the City of London Water Supply and Distribution System for both potable water and fire protection. 2.6.4.4. Stormwater Management

Stormwater management plans shall be prepared for identified growth areas in conjunction with the area study process and in accordance with Section 17.6.

2.6.5. Staging of Development

The City may adopt a development staging strategy to ensure the orderly progression of development within its Urban Growth Area and the timely provision of the infrastructure required to support fully serviced and functional communities and employment areas. The staging strategy will be directed towards the following objectives: i)

support the timely build-out of existing planned communities in a logical, phased manner that optimizes the utilization of any new infrastructure that is required to support development;

ii)

focus growth in areas that have existing servicing capacity or comparatively lower costs for required infrastructure;

iii)

provide a basis for long-term, reliable municipal capital budgeting for growth-related servicing works;

iv)

ensure that services are in place or planned to maintain an adequate supply of serviced lands to support the City’s economic growth;

support growth in areas that are or can be served by existing community facilities or where development will facilitate the provision of new community facilities;

vi)

avoid scattered or “leap-frog” development patterns;

vii)

ensure that sufficient serviced lands are available to support the City’s housing mix and affordability objectives; and

viii)

support the extension and use of transit services.

(Sec. 2.6.5. added by OPA 438 Dec. 17/09)

2.6.6. Growth Forecasting and Monitoring

The City will maintain a program of growth forecasting and monitoring. Population and housing demand projections will be updated and approved at five year intervals in association with the review of the Official Plan. The process for updating and approving these projections will include opportunities for public and agency review and input. i)

The City will monitor population trends and changes in housing composition and distribution through the review of census and assessment data and building permit activity, and through information sharing with other agencies and organizations.

ii)

The City will monitor local, regional and provincial economic trends and growth forecasts and consider the implications of these trends and forecasts for its growth management policies.

(Section 2.6.6. renumbered and amended by OPA 438 Dec. 17/09)

2.6.7. Land Requirements Forecasting

The City will maintain an adequate supply of land designated for urban growth to accommodate its projected community and industrial growth requirements. The target range for the inventory of vacant land designated for urban growth will be a fifteen to twenty year supply. While much of the forecasted growth will be accommodated through the development of vacant lands, the City will promote opportunities for intensification and redevelopment to optimize the share of growth that can be accommodated within the existing urban area.

ii)

The City will normally update its land requirements projection at five year intervals in conjunction with the review of the Official Plan by using the Land Requirements Accommodation Method in Policy 2.5.5 without including the contingency factor, unless the particular 5 year update is being used to establish the land requirements for a new 20 year planning period. The processes of updating, projecting and/or approving the land requirements for community and industrial growth will include opportunities for public and agency review and input.

iii)

The City will monitor development activity and update, on a semiannual basis, its inventory of vacant designated lands categorized according to their servicing status and stage in the planning approvals process.

(Section 2.6.7. renumbered and amended by OPA 438 Dec. 17/09)

2.6.8. Identification of Growth Areas

In conjunction with the five year review of the Official Plan, Council will consider expansion or adjustments to the Urban Growth Area where there is a demonstrated need for additional lands and where such expansions are in keeping with all applicable Official Plan objectives and policies, provincial policies and the following criteria: i)

The amount of land to be added as urban growth area will have regard to the approved projected land requirements and to timely cost-efficient areas of development over both the short and long terms.

ii)

Proposed expansion areas represent a logical extension of the urban area having regard for the principle of maintaining a compact urban form.

iii)

Municipal water and sewer services can be provided in a timely and cost effective manner, in accordance with the servicing and financing components of the Growth Management Policies.

iv)

Growth will be directed to areas that can be appropriately integrated with existing or planned communities or to areas of sufficient size to support a new community and allocated in a manner which provides for the complete development of the communities with a full range of Municipal Services where possible.

Growth will be allocated to areas that can be adequately integrated with and accessed from the network of existing and planned arterial roads and are suitable for the provision of transit services.

vi)

Council will consider alternatives for the direction and sequencing of growth having regard for the comparative costs of providing infrastructure and services, the financial implications for the municipality, the potential impacts on the existing communities, and the effects on natural features and ecological functions and agriculture. Where practical and within its financial means, Council will distribute growth areas to provide greater choice in the location and character of new communities.

vii)

Council will consider the inclusion of additional Industrial Growth Area lands in the Highway 401 and Highway 402 corridors and additional Community Growth lands south of the Highway 401 corridor, at such time as the south side sewage Treatment Plant is built and sanitary sewer services can be provided in a cost effective manner.

viii)

(Subsection viii) deleted by OPA 298, OMB Decision No. 0177 on Jan. 31, 2005)

viii) Expansions to the Urban Growth Area onto prime agricultural lands will only be considered where there are no reasonable alternatives which avoid prime agricultural areas or which would be accommodated on lower priority agricultural lands. ix) Council will protect employment areas to support the longer-term economic development of the municipality. Council will only permit the conversion of employment areas to other uses where it has been demonstrated through a comprehensive review that the land is not required for employment purposes over the long term and that there is a need for conversion. x)

Impacts from new or expanding Urban Growth Areas on agricultural operations which are adjacent or close to the Urban Growth Area shall be mitigated to the extent feasible.â&#x20AC;?

Section 2.6.8. renumbered and amended and viii), ix) and x) added by OPA 438 Dec. 17/09)

2.6.8.1. Applications to Expand the Urban Growth Area

The primary means for reviewing the adequacy of the City's land supply and expanding the urban growth area, if warranted, will be the five year review process. It is recognized that emergent opportunities may present themselves in the interim and that these should be evaluated according to the criteria for the identification of growth areas. Privately initiated applications for amendments to the Official Plan to expand the Urban Growth Area will be evaluated for public benefit on the basis of Policy 2.6.8. and the following criteria: (Section 2.6.8.1. renumbered by OPA 438 Dec. 17/09)

the need for urban growth at the proposed location and the

reasons why a comprehensive review of the Urban Growth Area is necessary in advance of the five year Official Plan review process; (Clause i) amended by OPA 438 Dec 17/09)

2.6.9. Area Planning

ii)

the costs and benefits of permitting growth at the proposed location; and

iii)

the implications for the City's supply of vacant land designated for growth, having regard for the City's intent that the inventory of vacant designated land be maintained in a range of a 15 to 20 year supply.

Vacant lands within the Urban Growth Area may be placed in the Urban Reserve designation pending the completion of an Secondary Plan as provided for in Chapter 19 of this Plan. A Secondary Plan will provide the basis for an Official Plan amendment that will: (a)

identify or refine environmental features, areas and natural resources in conformity with the applicable Official Plan policies; and

(b)

identify collector roads.

(Section 2.6.9. renumbered and i) amended by OPA 438 Dec. 17/09)

ii)

Secondary Plans will also provide for the co-ordination of development among multiple land owners and provide direction for: (a)

the delineation, protection and management of natural heritage areas;

(b)

the location and size of parks, schools and other community facilities;

(c)

housing mix and densities;

(d)

municipal services;

(e)

the phasing of development;

(f)

pedestrian and bicycle routes;

(g)

transit routing and supportive facilities;

(h)

site and subdivision design criteria; and

(i) iii)

local road access points to arterial and collector roads;

The approximate boundaries of areas subject to completed Secondary Plans are shown on Schedule "D". Portions of the Urban Growth Area where Secondary Plans are intended but not yet completed are also shown. These boundaries may be refined

through the approval of a proposal to undertake an Area Study without amendment to the Official Plan. In some instances the boundaries include lands beyond the boundaries of the Urban Growth Area that represent a logical longer-term extension of a community to the City boundary or other appropriate limit for long term community development. Lands outside the Urban Growth Area will be regarded as potential areas of community expansion and the evaluation and planning of these areas may be limited to the extent necessary to demonstrate how they can be appropriately integrated with the balance of the community. The eventual development of these lands would require an amendment to this Plan. (Clause iii) amended by OPA 438 Dec. 17/09)

iv)

A Secondary Plan may be undertaken by the City or by consultants retained by landowners. Proposals for privately-initiated Area Studies will be required to conform to area study guidelines established by the City and must be submitted for approval by the City. This process will include opportunities for public and agency review and input. Prior to initiating an Area Study, Council shall approve the termsof-reference for the Area Study, including the scope of the background studies to be undertaken. For a privately-initiated Area Study, the City shall coordinate and undertake the public consultation process, and recommend the preferred land use concept for approval. (Clause iv) amended by Ministry Modifications Dec. 17/09)

The City will encourage affected landowners to participate in the secondary plan process and to contribute their proportionate share towards the study costs and towards the provision of the services, facilities, open space, stormwater management and other measures required to support the growth of the community.

vi)

Secondary Plans shall provide for the staging of development to make efficient use of built services, facilitate planning for the delivery of new services, and minimize the gap between major servicing expenditures and the recovery of costs through development charges.

vii)

Documentation to be submitted in support of a proposed privatelyinitiated Secondary Plan will include: (a)

a record of the public and agency consultation undertaken in the course of the area study;

(b)

an environmental evaluation and impact study completed in accordance with Section 15.5. of the Plan;

(c)

any information required by the municipality to undertake a financial impact analysis including information necessary to

determine the total cost and cost-sharing of required infrastructure works, the timing of such works and the implications that such works will have for the Cityâ&#x20AC;&#x2122;s capital budget and development charge funds; and (d)

2.7.

a servicing plan to demonstrate the availability and adequacy of municipal sewer and water services to accommodate the proposed development, and to describe the location, timing and design of required sewer, water, storm water management and road improvements.

viii)

Until such time as a Secondary Plan has been approved and the subject lands have been appropriately designated for development, vacant lands within the Urban Growth Area will be placed in the Urban Reserve designation.

ix)

The "Community Growth" and "Industrial Growth" categories of the Urban Reserve designation are intended to provide a general indication of the mix of urban land uses intended for the area. Community Growth areas will be predominantly residential but will include a range of commercial, institutional and open space uses that support communities, as well as uses that contribute to employment growth and that are compatible in a community setting. "Industrial Growth" areas are generally intended for uses that fall within the "Light Industrial", "General Industrial" and "Office Business Park" land use designations. Notwithstanding this general intent, lands within the "Urban Reserve" designation may be re-designated for any use through the Area study process and resulting amendment to the Official Plan.

Portions of the Urban Growth Area are designated as Environmental Review and are subject to the policies of Chapter 8B. These areas require further study to determine their environmental significance and to determine the boundaries of areas that warrant protection. It is anticipated that the necessary studies will occur as part of the community planning process and that Environmental Review areas will be re-designated on the basis of an approved Area study.

ECONOMIC DEVELOPMENT STRATEGY The City of London Economic Development Strategy was adopted by City Council in September of 1995. It is intended to guide economic development planning and decision making over the long term. In the 2007 â&#x20AC;&#x201C; 2010 Council Strategic Plan, Economic Prosperity is also identified as a strategic priority. (Section 2.7. amended by OPA 438 Dec. 17/09)

2.7.1. Economic Development

The Strategy contains the following Vision Statement and Goals: Vision for the London Economy

Vision Londoners want to encourage innovation and investment that will promote a sustainable economy which contributes to employment opportunities and benefits the entire community. 2.7.2. Economic Development Goals

Goal Statements The goals of the Economic Development Strategy are to: i)

Ensure that the necessary economic infrastructure is in place to encourage the relocation of businesses to London, the expansion of existing businesses and the creation of new businesses.

ii)

Ensure the availability of training, skill development and educational opportunities to support a dynamic and diverse labour force. (Clause ii) amended by OPA 438 Dec. 17/09)

iii)

Provide a climate that encourages effective decision-making, innovation, creativity and entrepreneurship.

iv)

Promote London as a centre of excellence in education and skills training.

Increase employment opportunities within the education and skills training sector.

vi)

Give priority in economic planning and activities to the Medical and Information Technology sectors taking advantage of our comparative advantages in those sectors.

vii)

Provide additional or enhanced entertainment and leisure facilities, including unique shopping opportunities and accessible public transit, particularly in the Downtown and during the early evening hours.

viii)

Encourage and support the banking and insurance, agriculture and food, and manufacturing, especially transportation equipment sectors, to be innovative and responsive to changes in the economy.

ix)

Keep a close watch on Environmental Technologies, Materials Handling Systems, Advanced Materials and Advanced Manufacturing Technologies Sectors, encourage and support them and when appropriate, include them in the target group.

Promote the remediation and redevelopment of brownfield sites as a means to increase economic development activity, achieve a more efficient use of existing municipal infrastructure, enhance the municipal assessment base and improve environmental quality.

xi)

Support and provide opportunities for tourism development that is based on maintaining or sustaining environmental health.

xii)

Support and provide opportunities for increased energy generation, supply and conservation, including alternative energy systems and renewable systems.

xiii) Optimize the long-term availability and use of land, resources, infrastructure and public service facilities.â&#x20AC;? (Clauses x) to xiii).added by OPA 438 Dec. 17/09)

2.7.3. Support for Economic Development Strategy

It is the intent of City Council to support the Vision and Goals of the Economic Development Strategy through the Official Plan and its implementing mechanisms to the extent that the Strategy relates to growth management and land use planning policy.

2.7.4. Protection of Employment Lands

Council will support the protection of existing employment lands in the City, including lands that are designated for manufacturing, warehousing, offices, and their associated retail and ancillary facilities. Proposals to permit the conversion of lands within employment areas to nonemployment uses may only be permitted through a comprehensive review, only where it has been demonstrated that the land is not required for employment purposes over the long term, and that there is a need for the conversion. (Section 2.7.4. added by OPA 438 Dec. 17/09)

2.8.

COMMUNITY SERVICES PLAN The London Community Services Plan was adopted by City Council in September of 1995 as a means of guiding the planning and delivery of social services. The 2007 â&#x20AC;&#x201C; 2010 Council Strategic Plan identifies Community Vitality as one of its strategic priorities. (Section 2.8 amended by OPA 438 Dec. 17/09)

2.8.1. Community Services Plan Vision Statement

The Community Services Plan Vision Statement is as follows:

2.8.2. Community Services Plan Goals

The Community Services Plan identifies a series of goals relating to the following range of community services:

Londoners want a safe, healthy accessible and inclusive community and a range of services to develop the body, mind and spirit of all its citizens. (Section 2.8.2. amended by OPA 438 Dec. 17/09)

artistic, cultural and recreational opportunities that are available, affordable and accessible; education, training and information for daily living, community leadership, employment and career development; promotion of personal and community health;

accessible, affordable and safe housing; protective services for a safe and secure community; social services for a safe and secure community; and transportation services for safe and efficient movement of people and goods. (Section 2.8.2. amended by OPA 438 Dec. 17/09)

2.8.3. Support for Community Services Plan

It is the intent of City Council to support the Vision and Goals of the Community Services Plan through the Official Plan and its implementation mechanisms to the extent that the Plan relates to growth management and land use planning policy.

2.9.

ENVIRONMENTAL PLANNING

INTRODUCTION

In the 2007 – 2010 Council Strategic Plan, Environmental Leadership is identified as a strategic priority. There are three dimensions to the environmental policies in this Plan. First, London is committed to sustaining and enhancing its rich natural heritage. Second, Londoners must be safe from natural and human-generated hazards. Third, to ensure a sustainable future, the City is committed to conserving natural resources. (Section 2.9. amended by OPA 438 Dec. 17/09)

2.9.1. Natural Heritage

London's heritage is very much a "natural" heritage. The City is located near the northern limit of the Carolinian forest region - the most fertile and biologically diverse natural environment in Canada. Prior to European settlement, the landscape was dominated by forests of maple, oak, white pine, ash and basswood. It also contained marshes, swamps, open plains, tall grasslands and corn fields, which were being actively managed by Aboriginal peoples. The economy of the early settlers was forest based. This soon gave way to agriculture, and from this agricultural base, land use in London has become increasingly more urbanized. While very little of the original landscape remains, there is a framework of naturally vegetated areas, natural features, corridors and ecological functions, mostly associated with the City's valleys, ravines, and moraines, that can form the basis of a natural heritage system for London. The significant natural features that contribute to the Natural Heritage System are delineated on Schedule “B1” – Natural Heritage Features and may designated as Open Space on Schedule "A" - the Land Use map. Other natural areas may be added to the Open Space designation and form part of the Natural Heritage System if warranted on the basis of future studies. The City will seek to improve the quality of the Natural Heritage System over the planning period by strengthening linkages and mitigating the negative impacts of activities that impact on the system.

The Natural Heritage System is also an important recreation and aesthetic resource for the City. The Thames River Valley, in particular, is closely linked with the City's history and identity. It is a patchwork of public parks and recreational areas, private open space, natural areas and public infrastructure. This multi-functional role of the Thames River Valley will continue to be supported by the City over the long term. (Section 2.9.1. amended by OPA 438 Dec. 17/09)

2.9.1.2. Hazard Protection

The hazard protection policies in this Plan are concerned with ensuring public health and safety. Natural hazards areas, such as floodplains, lands susceptible to erosion and unstable slopes, are identified. So, too, are human generated hazard areas such as contaminated lands and abandoned oil and gas wells. Appropriate policies are provided to ensure that hazards are generally located and avoided, non-structural solutions are promoted and in cases where limited development is permited, the hazards are properly mitigated to protect public health and safety. The Natural Heritage and Hazard Protection policies are closely interrelated. Some of the lands within the Natural Heritage System play an integral role in protecting persons and property from natural hazards. (Section 2.9.1.2. amended by OPA 438 Dec. 17/09)

2.9.1.3. Resource Conservation

London was built on natural resources and we continue to use these resources in all of our activities. For the benefit of present and future generations, the City of London is committed to using natural resources wisely and efficiently. Section 2.9.1.3. amended by OPA 438 Dec. 17/09)

Resources come in many forms. This Plan addresses energy use, water conservation, waste management, transportation, aggregate resources, petroleum and mineral resources, as well as strategies for the efficient utilization of land in the City. Resource conservation policies are often complementary. For instance, achieving a compact urban form could reduce energy use, lessen demands on the transportation system, reduce the amount of servicing infrastructure required and avoid the loss of natural features and ecological functions. 2.9.2. Environmental Goal

It is a goal of this Plan to: i)

Promote a healthy natural environment in London;

ii)

Protect and enhance the Natural Heritage System for the benefit of present and future generations of Londoners; (Clause ii) amended by OPA 438 Dec. 17/09)

iii)

Reduce risk to public health and safety from natural and human generated hazards; and

iv)

Conserve natural resources for the benefit of present and future generations of Londoners.

2.9.3. Environmental Strategies Natural Heritage

Council will consider the following strategies in the pursuit of the Environmental Goal:

The City will promote an ecosystem approach to environmental planning. An ecosystem approach to environmental planning means: The ecosystem is defined as a community of living co-existing organisms (including human kind) and the non-living physical and chemical environment in which that community lives. Thus, there is a constant interaction and interdependence between the living and non-living components of the ecosystem. The dynamics of the environment allow for variations in key factors. Indeed, one attribute of an ecosystem is that it is constantly changing. The concept of an ecosystem can be applied at any level of scale a wetland, a tributary, or the entire watershed. The ecosystem approach is particularly applicable to land and water management studies because it integrates physical, chemical and biological information, so all of the factors are considered at each scale, in assessing overall environmental quality. This ecosystem approach to environmental planning has been used in the Subwatershed Planning Studies to develop a Natural Heritage System for the City. Recognizing that natural heritage areas are valued for the natural features they contain and the ecological functions they perform, the City will utilize area planning processes, environmental impact studies and guideline documents to ensure that natural heritage areas are evaluated and protected both individually and cumulatively as part of an interrelated Natural Heritage System. (Clause i) amended by OPA 438 Dec. 17/09)

ii)

The City shall encourage a net gain in environmental quality through the implementation of the Official Plan. The City shall develop and implement monitoring programs to measure changes in environmental quality and assess the effectiveness of the Official Plan's environmental goal, objectives and policies.

iii)

The City shall promote the rehabilitation of degraded ecosystems throughout the municipality and support appropriate rehabilitation works identified through the Subwatershed Planning Studies, community planning processes, or other environmental studies. Rehabilitation works may be undertaken in co-operation with landowners and other agencies and interest groups.

iv)

The City recognizes the Thames Valley Corridor as its most important natural, cultural, recreational and aesthetic resource. The City shall prepare a Thames River Valley Corridor Plan to optimize the multi-functional role of the river valley system in the City over

the long term future. v)

The City shall encourage, support and initiate, as appropriate, public education and awareness initiatives for the protection, rehabilitation and enhancement of the Natural Heritage System.

vi)

The City shall, in consultation with other agencies and groups, identify and promote appropriate non-regulatory measures, such as land trust and land stewardship initiatives, which will support the natural heritage objectives and policies contained in this Plan.

vii)

The City shall participate in, the implementation and monitoring of the Subwatershed Planning Studies in conjunction with other agencies A multi-stakeholder implementation committee may be established to co-ordinate this process. (Clause vii) amended by OPA 438 Dec. 17/09)

Hazard Protection

viii)

The City shall encourage innovative development patterns and techniques which support and strengthen the Natural Heritage System.

ix)

The City may require that any planning processes or studies involving the identification or evaluation of Natural Heritage System components include pre-consultation with the appropriate agencies.

The City shall minimize the risk to public safety and to property by restricting development within areas identified by the Conservation Authorities as being susceptible to natural hazard processes such as flooding and erosion. In general, new development will be required to locate and avoid natural hazards, and development will be required to locate and avoid natural hazards, and redevelopment and infill development will be required to properly characterize and properly mitigate the natural hazard. (Clause x) amended by OPA 438 Dec. 17/09)

xi)

The City may permit the use of flood plain or hazard lands for recreational uses where the effects and risk to public safety are able to be managed or mitigated in accordance with Provincial policies. Stormwater management facilities that are acceptable to the City, the Conservation Authority having jurisdiction and the Ministry of the Environment may be permitted on flood plain lands where the hazard can be safely addressed, and where it is clearly demonstrated through an environmental assessment process under the Environmental Assessment Act that it is the preferred location for the facility. The relevant policies in Section 15 will apply if recreational uses or stormwater facilities are proposed on flood plain lands that comprise part of the Natural Heritage System.â&#x20AC;? (Clause xi) deleted and replaced by Ministry Modification #4, December 17/09)

xii)

To reduce the risk to public safety and property due to erosion and

slope instability, the City in cooperation with the Conservation Authority having jurisdiction, shall ensure that natural hazard processes are allowed to occur naturally, or are mitigated in cases where existing development is at risk. In the limited cases where a development or use is permitted within erosion hazard areas, the proposed development will be subject to detailed assessment and mitigation measures, or appropriate development restrictions. (Clause xii) amended by OPA 438 Dec. 17/09)

xiii)

To reduce the risk to public safety and property due to riverine flooding the City, in cooperation with the Conservation Authority having jurisdiction, shall ensure that flood plain storage and conveyance processes are maintained. In the limited cases where development or use is permitted within the flod plain, the proposed development will be subject to detailed assessment and mitigation measures, or appropriate development restrictions. (Clause xiii) added by OPA 438 Dec. 17/09)

xiv)

The City shall restrict development in the vicinity of human generated hazards such as abandoned oil and gas wells, suspected contaminated sites and closed landfill sites until it is demonstrated that such development does not cause an unacceptable risk to public health and safety.

xv)

The City shall ensure that development involving uses that are sensitive to noise, air emissions or odour impacts is appropriately protected from sources such as operating landfill sites, transportation corridors, airports and sewage treatment plants. (Clauses xiv) and xv) renumbered by OPA 438 Dec. 17/09)

Energy and Air Quality Conservation

xvi)

The City shall promote energy conservation and improved air quality by: (a)

initiating, participating, and cooperating in energy conservation and air quality improvement programs, including public education and awareness programs;

(b)

encouraging denser, contiguous development: intensification of existing built up areas and the efficient use of existing infrastructure;

(c)

incorporating energy conservation measures into site design, and into the design, construction and renovation of buildings, including the application of L.E.E.D. certification standards; (Clause xvi (c) modified by Ministry Modification #5 Dec. 17/09)

(d)

encouraging the use of walking, bicycling, public transit and car pooling as alternatives to private automobile use;

(e)

encouraging the planting of native trees;

(f)

focusing major employment, commercial and other travel

intensive land uses on sites that well served by existing or planned public transit service, and which facilitate the establishment of public transit; (g)

improving the mix of employment and housing uses to shorten commute journeys and decrease transportation congestion; and

(h)

promoting design and orientation of subdivisions and developments, which maximize the use of alternative or renewable energy systems, such as solar and wind energy, at appropriate locations.â&#x20AC;?

(Clause xvi) renumbered , amended and (e) to (h) added by OPA 438 Dec. 17/09)

xvii)

The City will develop an energy conservation and air emission reduction strategy to: (a)

minimize energy use and expenditures for buildings, vehicles and equipment owned and operated by the City;

(b)

reduce energy use and expenditures for the operation of water supply and sewage treatment systems;

(c)

promote multi-sector, community wide reductions; and

(d)

promote the development of alternative and renewable energy systems, and facilities that meet the requirements for L.E.E.D. certification. (Clause xvii (d) added by OPA 438 Dec. 17/09)

Water Conservation

xviii)

The City shall promote water conservation by: (a)

initiating, participating, and cooperating in conservation programs, including public education and awareness programs;

(b)

developing a water efficiency and conservation strategy for the City;

(c)

encouraging denser contiguous development, intensification of existing built up areas and the efficient use of existing water/sewerage infrastructure;

(d)

encouraging the re-use and multiple uses of treated water, including treated stormwater, and

(e)

encouraging the planting of native trees, shrubs and other ground vegetation for temperature reduction and infiltration.

(Clauses xviii (d) and (e) added by OPA 438 Dec. 17/09)

Waste Reduction

xix)

The City shall support the reduction, reuse, recycling and recovery of materials from waste by: (a)

initiating, participating and cooperating in reduction programs, including public education and awareness programs;

(b)

cooperating with surrounding municipalities to develop a long term strategy to reduce, reuse, recycle and recover materials from recycled waste, and to address available technologies for the use and/or disposal of waste;

(c)

reviewing development proposals which may potentially generate or store hazardous waste and ensuring that the location and operation of such developments will not adversely affect the health and safety of the public and the natural environment; and

(d)

encouraging development proposals to provide adequate waste disposal, recycling and composting facilities, and support innovative waste collection and diversion programs.

(Clause xix) amended by OPA 438 Dec. 17/09)

Pesticide Use Reduction

xx)

The City shall promote a reduction in pesticide use through: (a)

adoption of a by-law designed to regulate and limit or prohibit the use of pesticides on all public and private property, except under certain conditions;

(b)

undertaking a monitoring program to evaluate the impact of the by-law; and

(c)

promoting alternative products and methods to maintain healthy lawns and gardens.â&#x20AC;?

(Clause xx) added by OPA 438 Dec. 17/09)

Aggregate Resources

xxi)

The City shall protect aggregate resource areas by: a. restricting land uses which are incompatible with possible future extraction of identified aggregate resources; and b. ensuring that, where feasible, aggregate resources are extracted prior to development.

xxii)

Mineral and Petroleum Resources

The City shall encourage the integration and co-ordination of pit rehabilitation plans in keeping with the intended long term use of these areas.

xxiii) The City will permit the exploration and development of potential mineral and petroleum resources in keeping with provincial legislation.

2.10.

AGRICULTURAL LAND FARMING AND THE RURAL COMMUNITY

INTRODUCTION

Agriculture and farm-related businesses and industries form a major component of the local and regional economy. The highly productive land that supports this industry is a significant non-renewable resource for the City of London. Approximately 70% of the lands added to the City in 1992 are designated for agricultural use and 90% of this land has a Class 1 through Class 3 soil capability for agriculture. There are approximately 350 farms within the City directly employing over 600 people and indirectly supporting food processing industries, farm machinery businesses and other activities that employ many more area residents. The total value of farm production in Middlesex County in 1990 was $417 million. The City of London and the adjacent municipalities accounted for approximately 42% of total farm production. Agriculture in the City is a mix of field crop production, dairy and livestock operations and small pockets of fruit and vegetable production. Farming is big business requiring large investments, a high degree of risk, long term planning and responsible management of the land resource. Increasingly this business is subject to fluctuations and uncertainty due to market changes, trade practices and competition on a global scale. The resulting trends in our area include the consolidation of farms into fewer, larger farm units to achieve economies of scale; a growing complexity and sophistication of land management and farm operations; and a declining farm population. It is important that the agricultural industry be allowed the flexibility to adjust to changing conditions, while protecting it from various threats that impede farm operations. These threats to agriculture in the City of London include the increased pressure for non-farm related uses in rural areas which may constrain agricultural practices, fragment land ownership, inflate agricultural land prices and contribute to land use compatibility problems. They also include the potential for a higher incidence of vandalism, illegal dumping, trespassing and non-local traffic that can be associated with the proximity of farms to a large urban area. The City of London Strategic Plan recognizes the contribution of the agricultural industry and land resource to London's economy, heritage and quality of life. It accepts the need to conserve agricultural land protect the viability of farming and promote a better public understanding of the importance and needs of agriculture. Through the Official Plan, land use will be managed so that agriculture is recognized and maintained as a long term use of land within the City. The implications of land use change for agriculture and the potential impacts of agricultural operations on nonfarm land uses will be fully considered.

2.10.1. Agricultural Goal

It shall be a goal of the City of London to conserve agricultural land protect the viability of farms and farm-related industries and maintain the quality of rural life for the benefit of all.

2.10.2. Agricultural Strategies

Council will consider the following strategies in the pursuit of the Agricultural Goal: i)

conserve agricultural land within the City of London as a valuable, limited and non-renewable resource;

ii)

protect the productivity of farmland for agricultural production in recognition of our responsibility to the global community and future generations;

iii)

protect the long term viability and stability of agriculture by accepting that agriculture should be a permanent use of land within the City;

iv)

encourage economic development and research opportunities that add to the valuable contribution that the agricultural sector makes to the local and regional economy, including the potential for secondary farm income opportunities;

ensure that the rural community has access to all social services, including recreational programs, and that protective services are provided at a comparable service level to the rest of the City;

vi)

provide infrastructure in a responsible manner to ensure adequate levels of service including water, hydro, and roads designed to minimize conflicts between non-rural traffic and agricultural related vehicles;

vii)

encourage effective farm management practices which are practical and environmentally responsible by supporting farm stewardship incentive programs and initiatives aimed at reducing erosion; promoting the responsible use of pesticides; improving energy conservation; preserving and enhancing topsoil and effective nutrient management; promoting the conservation of woodlots and wetlands; and encouraging the preparation and implementation of Environmental Farm Plans;

viii)

allow small scale development opportunities in rural settlement areas which are supportive of agriculture and sensitive to rural heritage, lifestyle and character;

ix)

support legislation by senior levels of government that protects the viability of farming;

promote the infill and intensification of development in urban areas to minimize the amount of farmland required for urban growth purposes;

xi)

maintain a compact continuous urban form that avoids the envelopment or fragmentation of agricultural areas; and

xii)

2.11.

support the long term viability of farms by discouraging the fragmentation of farm holdings and supporting the consolidation of small parcels.

TRANSPORTATION PLANNING INTRODUCTION The policies in this Plan reflect the City's intent to provide a safe, efficient and integrated transportation system. This is consistent with the 2007 â&#x20AC;&#x201C; 2010 Council Strategic Plan in which a Progressive Transportation System is named as a strategic priority. The transportation system has evolved over time according to changes in technology, economy and lifestyle. The City monitors these changes and periodically undertakes an update of its long term transportation requirements and priorities. The most recent update was the Transportation Master Plan which was adopted by City Council in June of 2004. The Transportation Policies in Chapter 18 of this Plan have been revised according to the recommendations of the Transportation Master Plan. Transportation Principles form the strategic basis for Transportation Master Plan and Policy development. The Principles are not intended to fully describe associated needs and actions. This is done through further development of plans and policies required to implement each Principle. (Section 2.11. amended by OPA 438 Dec. 17/09)

2.11.1. Transportation Planning Goal

It is a goal of this Plan to provide an integrated transportation system that allows for the safe and efficient movement of people and goods throughout the municipality and provide linkages to the regional, provincial and national transportation network; support the City's strategies for economic development, growth management, urban structure and a healthy environment; and promoted alternative modes of travel that will reduce dependency on the private automobile. The goal of the Transportation Master Plan is to provide a strategic framework for the existing and future transportation needs within the planning horizon for the City of London and to assist with implementing the transportation policies of the City. (Section 2.11.1. amended by OPA 438 Dec. 17/09)

2.11.2. Transportation Planning Principles

The development of the transportation system in the City of London shall be directed towards the following principles: i)

Optimize Arterial Network Capacity – Maximizing the operational capacity of signalized intersections and improving access management along major routes before investing in new major capital improvements;

ii)

Select Achievable Level of Service (LOS) Targets – Incorporate LOS achievable targets to meet travel demands in the London context, including re-considering the Transportation Demand Management (TDM) and LOS targets previously set in the 1994 Transportation Plan Review;

iii)

Ensure Transportation Improvement Affordability – Prioritize recommended system improvements, including structural, operational and TDM measures, in order to respond to any funding limitations or targets established by the City;

iv)

Ensure Transportation System Sustainability – using service-based solutions involving TDM, combined with capacity-based solutions involving road widening, extensions, new roads, alternative modes of transportation, including public transit, pedestrian and bicycle circulation; and

Ensure Roadway Network Enhancement Achievability – Consider transportation planning strategies that are feasible and reasonable in the London context over the next twenty years based on Official Plan policy, Provincial Policy Statement, expected impacts, public response, cost, regulatory restrictions and designated environmentally significant areas.”

Section 2.11.2. added by OPA 438 Dec. 17/09)

2.11.3. Transportation Strategies

Council will consider the following strategies in the pursuit of the Transportation Goal: i)

provide for the maintenance and improvement of the existing road network to facilitate the safe and efficient movement of people and goods within and through the City and to achieve targeted levels of service;

ii)

provide for the protection of planned and proposed road alignments and corridors to meet the transportation needs of the City associated with growth within and beyond the population horizon of the Transportation Master Plan; (Clause ii) amended by OPA 438 Dec. 17/09)

iii)

promote and encourage strategies as identified in the Transportation Master Plan that are integral to the realization of modal split targets and a healthy environment; (Clause .iii) amended by OPS 438 Dec. 17/09)

iv)

improve accessibility to the Downtown and other major destinations through a safe, efficient and integrated system of bicycle routes and pedestrian paths;

promote increased public transit use with supportive land use and parking policies, and service level improvements;

vi)

in partnership with the Counties of Middlesex and Elgin and neighbouring municipalise, pursue the development of transportation linkages in a regional and provincial context, to complete and regional transportation system; and

vii)

collaborate and co-operate with the Province, Counties of Middlesex and Elgin and adjacent municipal jurisdictions, to ensure that area-wide transportation issues are addressed in a comprehensive and coordinated manner.

(Clauses v), vi) and vii) amended by OPA 438 Dec. 17/09)

2.12.

DOWNTOWN REVITALIZATION

2.12.1. Introduction

The Downtown is the historical, cultural, institutional and economic heart of the City and its long term vitality is emphasized in the London Strategic Plan and in this Official Plan. A majority of Londoners are concerned about the safety, appearance and economic health of the Downtown and City Council has responded with a number of initiatives to address these concerns. Co-operative efforts between the City and the Downtown community involving a broad range of achievable and affordable enhancements and incentives are viewed as the key to successful Downtown revitalization.

2.12.2. Downtown Goal

It is a goal of this Plan to promote Downtown revitalization and to strengthen the role of the Downtown as the historic, cultural, institutional and economic heart of the City and region.

2.12.3. Downtown Strategies

2.13.

Council will consider the following strategies in the pursuit of the Downtown Revitalization Goal: i)

promote the location of entertainment and cultural facilities within the Downtown area;

ii)

promote residential development within the Downtown;

iii)

improve the accessibility of the Downtown by all modes of transportation;

iv)

provide incentives for the retention and improvement of heritage structures, streetscapes and open spaces;

promote a high standard of design for Downtown development and public spaces that is conducive to a safe and attractive pedestrian environment; and

vi)

involve landowner, business operator, resident and service provider interests in the process of preparing plans, policies and programs for Downtown revitalization.

HOUSING AND COMMUNITY DEVELOPMENT INTRODUCTION Londoners identify with their communities and place a high priority on the protection of community character. Streetscapes, open spaces, community facilities and the mix of land uses contribute to the character and function of communities. It is the intent of the Official Plan to meet the City's need for sufficient and affordable housing through the protection and maintenance of these existing communities and through the development of new communities that are planned and designed to foster a sense of identity and belonging for their residents. (Section 2.13. amended by OPA 438 Dec. 17/09)

2.13.1 Housing and Community Development Goals

The following goals of this Plan are intended to promote housing and community development: i)

To promote the development and protection of attractive, functional, efficient and diverse communities that will satisfy the Cityâ&#x20AC;&#x2122;s projected housing needs.

ii)

Consistent with the Provincial Policy Statement and the Affordable Housing Strategy for the City of London (2005), a target has been established for the provision of 1,200 additional dwelling units to be created by December 31, 2010 which are affordable to Low- and Moderate-income Households. This target may be met using all available programs from other levels of government and sponsorship opportunities with public and private agencies, subject to the policies of section 12.2.1. x) of this Plan.

iii)

To meet the core housing needs of those vulnerable households that are unable to participate in the private housing market.

iv)

To achieve a City where all members of the community have access to housing that is safe, secure and suitable to their needs and ability to pay.

(Section 2.13.1. renumbered and amended by OPA 438 Dec. 17/09)

2.13.1.1. Housing Stock Retention Goal

It is a goal of this Plan to encourage the provision and adequacy of affordable dwelling units by: i)

Promoting the retention and maintenance of the Cityâ&#x20AC;&#x2122;s inventory of social housing stock comprised of non-profit, co-op and public housing; and

ii)

Promoting the retention and enforcing a by-law on standards for the maintenance of private rental units that are affordable to Low- and Moderate-income Households.

(Section 2.13.1.1. added by OPA 438 Dec. 17/09)

2.13.2. Housing and Community Development Strategies

Council will consider the following strategies in the pursuit of the Housing and Community Development Goals: i)

Land use intensification within existing communities will be controlled so that it contributes to the efficient use of existing services and infrastructure while maintaining compatibility with streetscapes and other aspects of neighbourhood character;

ii)

planning for the provision of facilities for public services shall be integrated with the community planning process;

iii)

new communities will be planned to accommodate a mix of housing types and affordability; and

iv)

neighbourhoods and communities will be actively consulted in the review of planning applications or studies that may affect their area.

The City will undertake a biennial Housing Monitoring Report subject to the policies of 12.2.4. of this Plan.

(Section 2.13.1. renumbered, amended and Clause v) added OPA 438 Dec. 17/09)

2.14.

HERITAGE AND URBAN DESIGN INTRODUCTION Heritage structures, streetscapes, landscapes, open spaces and historical and archaeological resources contribute to the cultural identity of London and to the quality of life that is enjoyed by its residents. These resources are an important component of community character and urban form. New buildings and private and public open space development also contribute to urban form and appearance, and the design of these buildings and spaces is important not only to their functionality, but also to the appearance and liveability of the community within which they are located. (Section 2.14. amended by OPA 438 Dec. 17/09)

2.14.1. Heritage Goal

It is a goal of this Plan to promote the conservation of the City's historical, architectural, archaeological, cultural and natural heritage resources and to enhance the contribution of these resources to the form and character of the City. Section 2.1.4. renumbered by OPA 438 Dec. 17/09)

2.14.2. Urban Design Goal

It is a goal of this Plan to promote, a high standard of architectural, landscape and community design that is sensitive to the character of the surrounding uses and streetscapes, conducive to pedestrian accessibility, safety, circulation and use, and that provides for the protection of significant natural features. (Section 2.14.2. renumbered and amended by OPA 438 Dec. 17/09)

2.14.3. Heritage Strategies

City Council will consider the following strategies in pursuit of its Heritage Goal: i)

identify heritage resources and establish priorities for their protection and acquisition;

ii)

promote public awareness of heritage resources and values, and encourage owner interest in the protection and improvement of identified heritage resources through the involvement of the London Advisory Committee on Heritage;

iii)

implement and maintain the City of London Archaeological Master Plan; and

iv)

incorporate heritage resource identification and impact evaluation into the preparation and review of secondary plans and major development proposals within the urban area.

(Section 2.14.3. renumbered by OPA 438 Dec. 17/09)

2.14.4. Urban Design Strategies

Council will consider the following strategies in pursuit of its Urban Design Goal: i)

achieve a high standard of design in municipal projects that is

consistent with the Urban Design strategies and principles of this Plan; ii)

prepare urban design guidelines that are appropriate for the City of London. Where appropriate, these guidelines may be specific to the various communities that comprise the municipality; and

iii)

encourage community design that is conducive to the provision and use of transit services.

(Chapter 2 deleted and replaced by OPA No. 88 - OMB Order No. 2314 - 99/12/23) (Section 2.14.4..renumbered by OPA 438 Dec. 17/09)

2.15.

THE CREATIVE CITY INTRODUCTION The City of London shall promote policies and initiatives to encourage a diverse, vibrant and creative environment which is appealing to younger people, and promotes a culture of entrepreneurship, economic growth, and personal expression. A “Creative City” is linked to the City’s economic prosperity and growth. Industries such as high tech, research, arts, culture, entertainment, computers, software, development, small start-up businesses, science, medicine and sports are all components of the Creative City. The City of London embraces diversity, and the celebration of our past, present and future. The City of London recognizes the importance of our built heritage and natural environment, and provides opportunities for all residents to fully participate in the future of our City, and engages its citizens at work and play.

2.15.1. Creative City Goal

It is a goal of this Plan to continue to become a Creative City by creating a dynamic urban fabric that encourages diverse and vibrant neighbourhoods, provides opportunities for employment, promotes high development standards, and the preservation of our built and natural heritage. The concept of the Creative City shall be a consideration in the preparation of Area Plans, subdivision plans, site plans and building plans.

2.15.2. Creative City Strategies

City Council will consider the following strategies in pursuit of its Creative City Goal: i) ii)

iii)

iv) v)

encourage community and neighbourhood design that provides opportunities to live, work and play in mixed use development; promote and support economic development initiatives and entrepreneurship related to “new economy” businesses and services; Increase employment opportunities for graduates of London’s major educational institutions and new Canadians to promote a diverse and educated workforce; support the retention of London’s unique neighbourhoods; lead by example through high quality urban design and the creation

of liveable places in all public infrastructure projects; encourage the use of innovative technologies, energy efficiency and water efficiency in the design and development of new neighbourhoods and buildings; vii) promote the retention, rehabilitation and reuse of our built heritage resources; viii) preserve and enhance our natural heritage resources; ix) encourage the installation of public art as part of both public and private development projects. vi)

(Sec. 2.15. added by OPA 438 Dec. 17/09)

RESIDENTIAL LAND USE DESIGNATIONS INTRODUCTION The Residential land use designations provide for housing and other land uses that are integral to, and supportive of, a residential environment. Housing may take many forms ranging in density and scale from detached homes to high-rise apartment structures. To provide opportunities for the development of a broad range of residential uses that will satisfy housing requirements, and to provide for compatibility issues to be suitably addressed, three categories of Residential land use have been identified. Areas designated Low Density Residential; Multi-Family, Medium Density Residential; and, Multi-Family, High Density Residential, as shown on Schedule "A"- the Land Use Map, are differentiated according to function, permitted uses, location criteria, density, and scale of development.

3.1.

OBJECTIVES FOR RESIDENTIAL LAND USE DESIGNATIONS It is intended that the development and use of areas designated Low Density Residential; Multi-Family, Medium Density Residential; and, MultiFamily, High Density Residential shall be directed towards the following objectives:

3.1.1.

GENERAL OBJECTIVES FOR ALL RESIDENTIAL DESIGNATIONS i)

Provide for a supply of residential land that is sufficient to accommodate the anticipated demand for a broad range of new dwelling types over the planning period.

ii)

Support the provision of a choice of dwelling types according to location, size, affordability, tenure, design, and accessibility so that a broad range of housing requirements are satisfied. (Subsection ii) amended by OPA No. 88 - OMB Order No. 2314 - 99/12/23)

iii)

Support the distribution of a choice of dwelling types by designating lands for a range of densities and structural types throughout the City.

iv)

Support the development of residential facilities that meet the housing needs of persons requiring special care.

Direct the expansion of residential development into appropriate areas according to availability of municipal services, soil conditions, topographic features, environmental constraints; and in a form which can be integrated with established land use patterns.

vi)

Encourage infill residential development in residential areas where existing land uses are not adversely affected and where development can efficiently utilize existing municipal services and facilities.

vii)

Minimize the potential for land use compatibility problems which may result from an inappropriate mix of: low, medium and high density housing; higher intensity residential uses with other residential housing; or residential and non-residential uses.

viii)

Support the provision of services and amenities that enhance the quality of the residential environment.

ix)

Encourage the maintenance and preservation of buildings and/or areas considered by Council to be architecturally and/or historically significant to the community.

Promote residential development that makes efficient use of land and services. (Subsection x) added by OPA No. 88 - OMB Order No. 2314 - 99/12/23)

3.1.2.

3.1.3.

3.1.4

LOW DENSITY RESIDENTIAL OBJECTIVES i)

Enhance the character and amenities of residential areas by directing higher intensity uses to locations where existing land uses are not adversely affected.

ii)

Encourage the development of subdivisions that provide for energy conservation, public transit, and the retention of desirable natural features.

MULTI-FAMILY, MEDIUM DENSITY RESIDENTIAL OBJECTIVES i)

Support the development of multi-family, medium density residential uses at locations which enhance the character and amenity of a residential area, and where there is safe and convenient access to public transit, shopping, public open space, recreation facilities and other urban amenities.

ii)

Encourage the development of well-designed and visually attractive forms of multi-family, medium density housing.

iii)

Promote the retention of desirable natural features through the appropriate location of buildings and parking areas.

MULTI-FAMILY, HIGH DENSITY RESIDENTIAL OBJECTIVES i)

Support the development of multi-family, high density residential uses at locations which enhance the character and amenity of a residential area and where arterial streets, public transit, shopping facilities, public open space, and recreational facilities are easily accessible; and where there are adequate municipal services to accommodate the development.

ii)

Provide opportunities for the development of multi-family, high

density residential buildings at locations adjacent to major public open space areas where compatibility with adjacent land uses can be achieved. iii)

3.2.

Promote, in the design of multi-family, high density residential developments, sensitivity to the scale and character of adjacent land uses and to desirable natural features on, or in close proximity to, the site.

LOW DENSITY RESIDENTIAL The Low Density Residential designation is applied to lands that are primarily developed or planned for low-rise, low density housing forms including detached, semi-detached, and duplex dwellings. Where appropriate, some multiple-attached dwellings at densities similar to neighbouring detached units may be permitted. Policies in this Plan promote development which shall enhance the character of the residential area. Certain secondary uses of a non-residential nature which are integral to, and compatible with, a neighbourhood environment, are also permitted.

3.2.1. Permitted Uses

The primary permitted uses in areas designated Low Density Residential shall be single detached; semi-detached; and duplex dwellings. Multipleattached dwellings, such as row houses or cluster houses may also be permitted subject to the policies of this Plan and provided they do not exceed the maximum density of development permitted under policy 3.2.2. Residential Intensification may be permitted subject to the provisions of policy 3.2.3. Zoning on individual sites would not normally allow for the full range of permitted uses.

Existing Multi-Family Buildings

Existing multi-family residential buildings that are compatible with adjacent low density residential uses are recognized as permitted uses within the Low Density Residential designation, and will be recognized as permitted uses in the Zoning By-law. Proposals for the significant expansion of these uses shall require an amendment to the Official Plan to re-designate these lands to the Multi-Family, Medium Density or Multi-Family, High Density Residential designation, as appropriate.

Existing Homes for the Aged, Rest Homes and Nursing Homes

ii)

Existing homes for the aged, rest homes, and nursing homes, which are compatible with adjacent low density residential uses, are recognized as permitted uses within the Low Density Residential designation and may be recognized as permitted uses in the Zoning By-law. Proposals for the significant expansion of these uses shall require an amendment to the Official Plan to redesignate the lands to Multi-Family, Medium Density Residential; Multi-Family, High Density Residential; or Regional and Community Facilities as appropriate.

Rooming and Boarding House

iii)

Existing rooming and boarding houses which are compatible with adjacent low density residential uses may be recognized as

permitted uses in the Zoning By-law. New rooming and boarding houses are encouraged to locate in the Multi-Family, Medium Density and Multi-Family, High Density Residential designations. Proposals to allow a new rooming or boarding house in the Low Density designation shall be subject to a Zoning By-law amendment on the basis of the following criteria: a)

The physical potential of the existing building stock can adequately accommodate a lodging house;

The existing services can support new lodging houses in the subject area;

The physical potential of the subject property can adequately accommodate a lodging house;

Location of the proposed lodging house with respect to transportation facilities, public open space, recreational facilities and services, and the adequacy of these facilities and services; and,

The physical scale and compatibility of the proposed lodging house use, and the likely impact of the proposed lodging house on the present and future land uses in the area.

Infill Housing And Conversion Non-Residential Buildings

iv)

Subject to policies 3.2.3. residential Intensification, which includes infill housing and conversion of non-residential buildings to residential uses which exceed the densities and range of residential unit types in the Low Density Residential designation may be permitted.

Convenience Commercial and Service Stations

Existing convenience commercial and service station uses which meet the criteria established in policy 3.6.5. are recognized as permitted uses within the Low Density residential designation and may be recognized as permitted uses in the Zoning By-law. Existing uses which do not meet the criteria in this Plan are legal non-conforming uses and may also be recognized as permitted uses in the Zoning By-law. New convenience commercial and service station uses are encouraged to locate in the Commercial designations. However, they are also permitted in the Low Density Residential designation by Official Plan amendment and zone change subject to the criteria in policy 3.6.5.

Secondary Permitted Uses

vi)

Uses that are considered to be integral to, or compatible with, residential neighbourhoods, including group homes, home occupations, community facilities, funeral homes, and office conversions, may be permitted according to the provisions of Section 3.6.

Residential

vii)

In specified areas of the City the primary and secondary permitted

Areas Subject to Specific Policies

Live/Work Opportunities

uses and/or other policies relating to the nature and scale of development, have been varied to meet specific policy objectives for these areas. Areas where specific policies apply are identified in Section 3.5. viii)

Purpose designed Live/Work residential units may be provided where locations for these types of residential units have been identified as part of an overall area plan, subject to site specific zoning. Live/Work units should be located along collector road systems and have sufficient lot area to accommodate any required additional parking. Within any Live/Work development, the primary use of the building shall be residential use.

3.2.2. Scale of Development Density of Residential Uses

3.2.3. Residential Intensification

Development within areas designated Low Density Residential shall have a low-rise, low coverage form that minimizes problems of shadowing, view obstruction and loss of privacy. i)

The development of low density residential uses shall be subject to appropriate site area and frontage requirements in the Zoning Bylaw. These requirements may vary in areas of new development according to the characteristics of existing or proposed residential uses, and shall result in net densities that range to an approximate upper limit of 30 units per hectare (12 units per acre). Densities in established low density residential areas, such as the Central London District, where dwelling conversions, existing apartment buildings, infill development, and the conversion of non-residential buildings have occurred or may be permitted, may exceed 30 units per hectare. The calculation of residential density is described in policy 3.6.10.

Residential Intensification is a means of providing opportunities for the efficient use of land and encouraging compact urban form. Residential Intensification may be permitted in the Low Density Residential designation through an amendment to the Zoning By-law, subject to the following policies and the Planning Impact Analysis policies under Section 3.7. Where the subject lands are within a specific residential area identified under policy 3.5, the application of the following residential intensification policies will supplement those specific policies, but will not supercede them. Residential Intensification projects shall use innovative and creative urban design techniques to ensure that character and compatibility with the surrounding neighbourhood are maintained as outlined in policy 3.2.3.3. and 3.2.3.4. (Subsections 3.2.3., 3.2.4. and 3.2.5. deleted and 3.2.3. added by OPA 438 Dec. 17/09)

3.2.3.1. Definition

Residential Intensification refers to the development of a property, site or area at a higher density than currently exists on the site through:

redevelopment, including the redevelopment of brownfield sites;

ii)

the development of vacant and/or underutilized lots within previously developed areas;

iii)

infill development, including lot creation;

iv)

the conversion or expansion of existing industrial, commercial and institutional buildings for residential use; and,

the conversion or expansion of existing residential buildings to create new residential units or accommodation.

For the purposes of this Plan, development is only considered infill when it occurs on vacant or underutilized sites within an established residential neighbourhood. It is not intended that infill housing will occur on undeveloped blocks of land in recently planned or newly developed registered plans of subdivision. Underutilized sites are defined as those sites that can reasonably accommodate more residential development than what currently exists on the site within the context of the surrounding established residential neighbourhood. (Section 3.2.3.1. added by OPA 438 Dec. 17/09)

3.2.3.2. Density and Form

Within the Low Density Residential designation, Residential Intensification, with the exception of dwelling conversions, will be considered in a range up to 75 units per hectare. Infill housing may be in the form of single detached dwellings, semi-detached dwellings, attached dwellings, cluster housing and low rise apartments. Zoning By-law provisions will ensure that infill housing projects recognize the scale of adjacent land uses and reflect the character of the area. Areas within the Low Density Residential designation may be zoned to permit the conversion of single detached dwellings to add one or more dwelling units. Site specific amendments to the Zoning By-law to allow dwelling conversions within primarily single detached residential neighbourhoods shall be discouraged. Accessory dwelling units may be permitted in accordance with Section 3.2.3.8. of this Plan. (Section 3.2.3.2. added by OPA 438 Dec. 17/09)

3.2.3.3. Neighbourhood Character Statement

An inventory of the urban design characteristics of the structures and the natural environment within a neighbourhood shall be undertaken by the applicant, as outlined in section 3.7.3.1. of the plan. The physical environment of the neighbourhood, composed of its lots, buildings, streetscapes, topography, street patterns and natural environment are some of the elements that collectively determine much of the character of a neighbourhood and its streetscape. A well organized and documented understanding of a neighbourhoodâ&#x20AC;&#x2122;s character is an effective tool in assessing the appropriateness of a proposed change and the implications

the change may have on the character of a neighbourhood. (Section 3.2.3.3. added by OPA 438 Dec. 1709)

3.2.3.4. Compatibility of Proposed Residential Intensification Development

As part of an application for residential intensification, the applicant shall be required to provide an adequately detailed statement of the compatibility, where it is clearly demonstrated that the proposed project is sensitive to, compatible with, and a good fit within, the existing surrounding neighbourhood based on, but not limited to, a review of both the existing and proposed built form, massing and architectural treatments as outlined in section 3.7.3.1. of the plan. (Section 3.2.3.4. added by OPA 438 Dec. 17/09)

3.2.3.5. Public Site Plan Review and Urban Design

Residential intensification proposals, with the exception of permitted single detached dwelling conversions to add one additional residential unit only, will be subject to a concurrent public site plan process. In addition to all other site planning issues, residential intensification site plan proposals will be evaluated to ensure: i)

Sensitivity to existing private amenity spaces as they relate to the location of proposed building entrances, garbage receptacles, parking areas and other features that may impact the use and privacy of such spaces;

ii)

The use of fencing, landscaping and planting buffers to mitigate impacts of the proposed development on existing properties; and,

iii)

Consideration of the following Urban Design Principles: (a)

Residential Intensification projects shall use innovative and creative standards of design for buildings to be constructed or redeveloped;

(b)

The form and design of residential intensification projects should complement and/or enhance any significant natural features that forms part of the site or are located adjacent to the site;

(c)

New development should provide for a diversity of styles, continuity and harmony in architectural style with adjacent uses;

(d)

New development should include active frontages to the street that provide for the enhancement of the pedestrian environment;

(e)

The design and positioning of new buildings should have regard for the impact of the proposed development on yearround sunlight conditions on adjacent properties and streets;

(f)

Buildings should be positioned to define usable and secure

open space areas on the site and to afford a reasonable measure of privacy to individual dwelling units;

iv)

(g)

Parking and driveways should be located and designed to facilitate manoeuvrability on site and between adjacent sites, and to reduce traffic flow disruption to and from the property; and,

(h)

Projects should have regard for the neighbourhood organizing structure. Building and site designs should facilitate easy connections to and around the site to public transit and destinations.

For Residential Intensification projects proposed on lands designated Low Density Residential, or projects requiring an Official Plan amendment to a more intensive residential land use designation, or projects requesting bonus zoning pursuant to policy 19.4.4. shall apply policy 3.2.3.3. neighbourhood character statement, 3.2.3.4. statement of compatibility and policy 3.7.2.1. respectively.

(Section 3.2.3.5. added by OPA 438 Dec. 17/09)

3.2.3.6. Integration With Heritage Buildings

Residential Intensification projects will be encouraged to preserve and upgrade buildings considered by Council to be of cultural heritage value or interest. Where these buildings are designated and incorporated into a project, the density of the residential intensification development may be increased through bonusing provisions contained in policy 19.4.4. of the Plan. Such projects will be required to meet all criteria listed in policy 3.2.3 and 3.7.2.1 of the Plan. (Section 3.2.3.6. added by OPA 438 and modified by Ministry Mod. #6 Dec. 17/09)

3.2.3.7. Supporting Infrastructure

Residential Intensification will only be permitted where adequate infrastructure exists to support the proposed development, including: i) ii) iii) iv)

Off-street parking supply and buffering; Community facilities, with an emphasis on outdoor recreational space; Traffic impacts and Transportation infrastructure, including transit service; Municipal services.

(Section 3.2.3.7. added by OPA 438 Dec. 17/09)

3.2.3.8. Zoning By-law

The Zoning By-law may limit the number of units that may be contained in a converted dwelling and specify minimum requirements for lot area, frontage, and gross floor area for the dwelling to be converted, and minimum gross floor area for the units to be created. To maintain the external character of the dwelling, the Zoning By-law may also limit the extent of structural additions or changes that would be permitted for a converted dwelling/building. While residential intensification located within the Low Density Residential

designation may be allowed up to a maximum scale permitted under the Multi-Family, Medium Density Residential Designation, Zoning By-law provisions will ensure that new development recognize the scale of adjacent land uses and are compatible with the character of the area. It is intended that an intensification project should meet all Zoning By-law regulations; however, there may be instances when a minor variance is warranted based on the configuration of the site or development constraints associated with it. Any required variance should be evaluated as part of the development proposal review undertaken in conjunction with the zoning amendment application. Conditional Zoning may be considered to ensure that development proceeds in a manner consistent with the surrounding and adjacent properties. Conditional Zoning would include conditions and/or requirements to be fulfilled in order to permit the development. Accessory Dwelling units may be permitted, subject a Zoning By-law amendment, in single detached and semi-detached dwellings subject to the following criteria: i)

maximum of two (2) units per residential dwelling;

ii)

the gross floor area of the accessory dwelling unit is equal to or less than the floor area of the principle dwelling unit;

iii)

the principle dwelling unit shall be owner occupied;

iv)

the accessory dwelling unit cannot be located in an accessory building or attached garage;

a minimum of one (1) additional on-site parking space must be provided;

vi)

all regulations associated with the zone must be complied with;

vii)

no more than five (5) bedrooms total for both the principle and accessory dwelling units;

viii)

accessory dwelling units may be required to be licensed; and,

ix)

accessory dwelling units shall be subject to the policies of section 3.2.3. â&#x20AC;&#x201C; Residential Intensification of this plan.

(Section 3.2.3.8. added by OPA 438 Dec. 17/09)

3.2.3.9. Consents

Any new lots created through consents will be in keeping with the established lot pattern of the surrounding area in terms of frontage, depth and overall size and configuration Consent for the purposes of enlarging and/or reducing the size of an existing site, where no new development is proposed and that results in a

lot pattern that is not consistent with the surrounding area in terms of frontage, depth and overall size and configuration, shall be discouraged. (Section 3.2.3.9. added by OPA 438 Dec. 17/09)

3.2.3.10. Rear-Lot Development

The creation of rear-lot development (flag-shaped lots) shall be discouraged in all Residential Land Use designations unless the criteria listed in policy 3.2.3 are met and the following urban design considerations are addressed: i)

Access to the new project shall be widen enough to provide: o o o o

separate pedestrian/vehicular access; sufficient space beside the driveways for landscaping and fencing to buffer the adjacent properties; adequate space at the street curb for garbage and blue box pickup; and snow storage for the clearing of these driveways.

ii)

In laying out a rear-lot development project, care should be taken to avoid creating front to back relationships between existing and proposed dwelling units. To support privacy the front doors of the new units should not face onto the rear yards of existing homes. As well, depending on the scale of the development and the building types proposed internally, front doors should face front doors.

iii)

Where existing dwellings fronting onto the street are not incorporated into the infill project, adequate land should be retained in the rear yard of these dwellings to provide: o o o o

Appropriate outdoor amenity space; Adequate separation distance between the existing houses and the habitable areas of the infill project; Sufficient space for landscaping in the rear yards for visual separation if required; and Parking and vehicular access for the existing houses, so as not to introduce parking into the front yards of the existing house.

(Section 3.2.3.10. added by OPA 438 Dec. 17/09)

3.3.

MULTI-FAMILY, MEDIUM DENSITY RESIDENTIAL The Multi-Family, Medium Density Residential designation permits multiple-unit residential developments having a low-rise profile, and densities that exceed those found in Low Density Residential areas but do not approach the densities intended for the Multi-Family, High Density Residential designation. Residential uses that typically comprise medium density development include row houses, cluster houses, low-rise apartment buildings, and certain specialized residential facilities such as small-scale nursing homes, homes for the aged and rest homes. The Multi-Family, Medium Density Residential designation may serve as a

suitable transition between Low Density Residential areas and more intense forms of land use. It will also provide for greater variety and choice in housing at locations that have desirable attributes but may not be appropriate for higher density, high-rise forms of housing. 3.3.1. Permitted Uses

The primary permitted uses in the Multi-Family, Medium Density Residential designation shall include multiple-attached dwellings, such as row houses or cluster houses; low-rise apartment buildings; rooming and boarding houses; emergency care facilities; converted dwellings; and small-scale nursing homes, rest homes and homes for the aged. These areas may also be developed for single-detached, semi-detached and duplex dwellings. Zoning on individual sites would not normally allow for the full range of permitted uses.

Existing Multi-Family, High Density Buildings

Existing multi-family, high density buildings that are compatible with adjacent medium density residential uses are recognized as permitted uses within the Multi-Family, Medium Density Residential designation, and may be recognized as a permitted use in the Zoning By-law. Proposals for the significant expansion of these uses shall require an amendment to the Official Plan to redesignate the lands to the Multi-Family, High Density Residential designation.

Convenience Commercial and Service Stations

ii)

Existing convenience commercial and service station uses which meet the criteria established in policy 3.6.5. are recognized as permitted uses within the Multi-Family, Medium Density Residential designation, and may be recognized as permitted uses in the Zoning By-law. Existing uses which do not meet the criteria in this Plan are legal non-conforming uses and may also be recognized as permitted uses in the Zoning By-law. New convenience commercial and service station uses are encouraged to locate in the Commercial designations. However, they are also permitted in the Multi-Family, Medium Density Residential designation, by Official Plan amendment and zone change subject to the criteria in policy 3.6.5. of this Plan.

Correctional and Supervised Residences

iii)

Correctional and supervised residences may be permitted along some arterial roads in the Multi-Family, Medium Density Residential designation by zone change subject to criteria in policy 3.6.2. of this Plan.

Secondary Permitted Uses

iv)

Uses that are considered to be integral to, or compatible with, medium density residential development, including group homes, home occupations, community facilities, funeral homes, commercial recreation facilities, small-scale office developments, and office conversions, may be permitted according to the provisions of Section 3.6.

Residential Areas Subject

In specified areas of the City the primary and secondary permitted uses and/or policies relating to the nature and scale of

to Specific Policies

development have been varied to meet specific policy objectives for these areas. Areas where specific policies apply are identified in Section 3.5.

Zoning of Heritage Buildings

vi)

Within the Multi-Family, Medium Density Residential designation it is recognized that Council, under the policies of Chapter 13, Heritage Resources Policies, may designate buildings of architectural and/or historical significance. Notwithstanding the Multi-Family, Medium Density Residential designation, these buildings may be zoned to permit only the existing structures under the provisions in Chapter 13 and the provisions for heritage zoning in the Zoning By-law.

Residential Intensification

vii)

Within the Multi-Family, Medium Density Residential designation, Residential Intensification proposals, as defined in Section 3.2.3.l. shall be subject to Public Site Plan Review, in accordance with Sections 3.2.3.5. and 19.9.1. of the Plan.

(Clause vii) added by OPA 438 Dec. 17/09)

3.3.2. Location

In addition to areas predominantly composed of existing or planned medium density residential development, the preferred locations for the Multi-Family, Medium Density Residential designation include lands in close proximity to Shopping Areas, Commercial Districts, designated Open Space areas or Regional Facilities; lands adjacent to a Multi-Family, High Density Residential designation; and, lands abutting an arterial, primary collector or secondary collector street. Consideration will also be given to the following criteria in designating lands for Multi-Family, Medium Density Residential uses:

Compatibility

Development of the site or area for medium density residential uses shall take into account surrounding land uses in terms of height, scale and setbacks and shall not adversely impact the amenities and character of the surrounding area.

Municipal Services

ii)

Adequate municipal services can be provided to accommodate the needs of the development.

Traffic

iii)

Traffic to and from the location should not have a significant impact on stable, low density residential areas.

Buffering

iv)

The site or area is of suitable shape and size to accommodate medium density housing and to provide for adequate buffering measures to protect any adjacent low density residential uses.

3.3.3. Scale of Development

Development within areas designated Multi-Family, Medium Density Residential shall have a low-rise form and a site coverage and density that could serve as a transition between low density residential areas and more intensive forms of commercial, industrial, or high density residential development.

Height

Development shall be subject to height limitations in the Zoning Bylaw which are sensitive to the scale of development in the surrounding neighbourhood. Normally height limitations will not exceed four storeys. In some instances, height may be permitted to exceed this limit, if determined through a compatibility report as described in Section 3.7.3. to be appropriate subject to a site specific zoning by-law amendment and/or bonus zoning provisions of Section 19.4.4. of this Plan. (Clause i) amended by OPA 438 Dec. 17/09)

Density

ii)

Medium density development will not exceed an approximate net density of 75 units per hectare (30 units per acre). Exceptions to the density limit may be made without amendment to the Official Plan for developments which: (a)

are designed and occupied for senior citizens' housing;

(b)

qualify for density bonusing under the provisions of Section 19.4.4. of this Plan; or

(c)

are within the boundaries of Central London, bounded by Oxford Street on the north, the Thames River on the south and west, and Adelaide Street on the east.

Where exceptions to the usual density limit of 75 units per hectare (30 units per acre) are made, the height limitations prescribed in Section 3.3.3.(i) will remain in effect. Developments which are permitted to exceed the density limit of 75 units per hectare (30 units per acre) shall be limited to a maximum density of 100 units per hectare (40 units per acre). All proposals shall be evaluated on the basis of Section 3.7, Planning Impact Analysis. Secondary Plans

3.4.

iii)

Where deemed necessary by Council, the determination of appropriate height and density limitations in the Zoning By-law for areas designated Multi-Family, Medium Density Residential may be based on an secondary plan, in accordance with the provisions of policy 19.2.1.

MULTI-FAMILY, HIGH DENSITY RESIDENTIAL The Multi-Family, High Density Residential designation is intended to accommodate large-scale, multiple-unit forms of residential development. The preferred locations for this designation are lands adjacent to major employment centres, shopping areas, major public open space, transportation routes, and where high density development will not adversely affect surrounding land uses. This type of development provides for an efficient use of land, energy and community services and facilities, and contributes to a broad range of choice in housing location, tenure and cost throughout the municipality.

3.4.1. Permitted Uses

The primary permitted uses in the Multi-Family, High Density Residential designation shall include low-rise and high-rise apartment buildings; apartment hotels; multiple-attached dwellings; emergency care facilities; nursing home; rest homes; homes for the aged; and rooming and boarding houses. Zoning on individual sites would not normally allow for the full range of permitted uses.

Existing Low Density Uses

Existing single detached, semi-detached, and converted dwellings are permitted and may be recognized as permitted uses in the Zoning By-law.

Convenience Commercial and Service Stations

ii)

Existing convenience commercial and service station uses which meet the criteria established in policy 3.6.5. are recognized as permitted uses within the Multi-Family, High Density Residential designation and may be recognized as permitted uses in the Zoning By-law. Existing uses which do not meet the criteria in this Plan are legal non-conforming uses and may also be recognized as permitted uses in the Zoning By-law. New convenience commercial and service station uses are encouraged to locate in the Commercial designations. However, they are also permitted in the Multi-Family, High Density Residential designation by Official Plan amendment and zone change, subject to the criteria in policy 3.6.5.

Correctional and Supervised Residences

iii)

Correctional and supervised residences may be permitted along some arterial roads in the Multi-Family, High Density Residential designation by zone change subject to the criteria in policy 3.6.2. of this Plan.

Secondary Permitted Uses

iv)

Uses that are considered integral to, and compatible with, high density residential development, including group homes, home occupations, community facilities, funeral homes, commercial recreation facilities, small-scale office developments, and office conversions, may be permitted according to the provisions of Section 3.6.

Residential Areas Subject to Specific Policies

In specified areas of the City the primary and secondary permitted uses and/or other policies relating to the nature and scale of development have been varied to meet specific policy objectives for these areas. Areas where specific policies apply are identified in Section 3.5.

Zoning of Heritage Buildings

vi)

Within the Multi-Family, High Density Residential designation it is recognized that Council, under the policies of Chapter 13, Heritage Resources Policies, may designate buildings of architectural and/or historical significance. Notwithstanding the Multi-Family, High Density Residential designation, these buildings may be zoned to permit only the existing structures under the provisions in Chapter 13 and the provisions for heritage zoning in the Zoning By-law.

Residential

vii)

Within the Multi-Family, High Density Residential designation,

Intensification

Residential Intensification proposals, as defined in Section 3.2.3.1. shall be subject to Public Site Plan Review, in accordance with Sections 3.2.3.5. and 19.9.2. of the Plan. (Clause vii) added by OPA 438 Dec. 17/09)

3.4.2. Locations

In addition to areas predominantly composed of existing or planned high density residential development, the preferred locations for the MultiFamily, High Density Residential designation shall include areas near the periphery of the Downtown that are appropriate for redevelopment; lands in close proximity to Enclosed Regional Commercial Nodes or New Format Regional Commercial Nodes or Community Commercial Nodes, Regional Facilities or designated Open Space areas; and, lands abutting or having easy access to an arterial or primary collector road. Other locations which have highly desirable site features and where surrounding land uses are not adversely affected may also be considered for high density residential development. Consideration will be given to the following criteria in designating lands for Multi-Family, High Density Residential use: (Section 3.4.2. amended by OPA 438 Dec. 17/09)

Compatibility

Development of the site or area for high density residential uses shall take into account surrounding land uses in terms of height, scale and setback and shall not adversely impact the amenities and character of the surrounding area.

Municipal Services

ii)

Adequate municipal services can be provided to meet the needs of potential development.

Traffic

iii)

Traffic to and from the location should not have a significant impact on stable low density residential areas.

Buffering

iv)

The site or area is of suitable shape and size to accommodate high density housing and provide for adequate buffering measures to protect any adjacent low density residential uses.

Proximity to Transit and Service Facilities

Public transit service, convenience shopping facilities and public open space should be available within a convenient walking distance. (Clause v) amended by OPA 438 Dec. 17/09)

3.4.3. Scale of Development

Net residential densities in the Multi-Family, High Density Residential designation will vary by location and will be directed by the policies in this Plan. Excluding provisions for bonusing, net residential densities will normally be less than 350 units per hectare (140 units per acre) in the Downtown Area, 250 units per hectare (100 units per acre) in Central London (the area bounded by Oxford Street on the north, the Thames River on the south and west and Adelaide Street on the east), and 150 units per hectare (60 units per acre) outside of Central London. Height and density limitations that are specified in the Zoning By-law will be guided by the following policies:

Height and Density outside of the Downtown and Central London Areas

Criteria for Increasing Density

ii)

Outside of the Downtown and Central London areas it is Council's intention that a mixing of housing types, building heights and densities shall be required in large designated Multi-Family, High Density Residential areas. Such areas, which will normally exceed 3 hectares (7.4 acres) in size, will be guided by the following criteria: (a)

a transition in scale shall be encouraged, where appropriate, to avoid extremes in building height and bulk between the new development and the existing built fabric of adjacent properties;

(b)

all areas shall include a diversity of housing forms such as mid-rise and low-rise apartments and multiple attached dwellings, in order to minimize the overwhelming effect of large high-rise developments;

(c)

high-rise structures shall be oriented, where possible, closest to activity nodes (shopping and employment centres) and points of high accessibility (arterial roads, transit service) with densities and building heights decreasing as the distance from an activity node increases;

(d)

massive, at-grade or above-grade parking areas shall not dominate the site. Pedestrian circulation and access to transit services should be facilitated through site design and building orientation; and

(e)

conformity with this policy and the urban design principles in Section 11.1, shall be demonstrated through the preparation of an secondary plan or a concept plan of the site, and the final approval of zoning may be withheld pending a public participation meeting on the site plan, and the enactment of a satisfactory agreement with the City.

Notwithstanding Section i) above, on any lands designated MultiFamily High Density Residential, Council may consider proposals to allow higher densities than would normally be permitted. Zoning to permit higher densities will only be approved where a development will satisfy all of the following criteria: (a)

the site or area shall be located at the intersection of two arterial roads or an arterial and primary collector road, and well-served by public transit;

(b)

the development shall include provision for unique attributes and/or amenities that may not be normally provided in lower density projects for public benefit such

as, but not limited to, enhanced open space and recreational facilities, innovative forms of housing and architectural design features;

Site Specific Height

Density Bonusing

iii)

iv)

(c)

parking facilities shall be designed to minimize the visual impact off-site, and provide for enhanced amenity and recreation areas for the residents of the development;

(d)

conformity with this policy and urban design principles in Section 11.1 shall be demonstrated through the preparation of an secondary plan or a concept plan of the site which exceed the prevailing standards; and

(e)

the final approval of zoning shall be withheld pending a public participation meeting on the site plan and the enactment of a satisfactory agreement with the City.

On individual sites within the Multi-Family, High Density Residential designation, Council may require lower height and/or density limits than would normally be permitted, on the basis of any one of the following criteria: (a)

Sanitary sewage, water or storm drainage servicing constraints;

(b)

development constraints related to soil conditions or topographical features;

(c)

traffic, vehicular access, parking constraints inadequate transit service in the area;

(d)

to minimize the impact of high density residential development on significant natural features; and/or

(e)

where the amenity of adjacent residential areas may be adversely affected in terms of traffic, access to sunlight and privacy.

and/or

Council, under the provisions of policy 19.4.4. and the Zoning Bylaw, may allow an increase in the density above the limit otherwise permitted by the Zoning By-law in return for the provision of certain public facilities, amenities or design features. The maximum cumulative bonus that may be permitted without a zoning by-law amendment (as-of-right) on any site shall not exceed 25% of the density otherwise permitted by the Zoning By-law. Bonusing on individual sites may exceed 25% of the density otherwise permitted, where Council approves site specific bonus regulations in the Zoning By-law. In these instances, the owner of the subject land shall enter into an agreement with the City, to be registered against the title to the land.

(Clause iv) amended by OPA 438 Dec. 17/09)

3.4.4.

The determination of appropriate height and density limitations for areas designated Multi-Family, High Density Residential, may be based on an secondary plan, in accordance with Section 19.2 of the Plan. Alternatively, for individual sites the determination of appropriate height and density limitations may be based on a concept plan showing how the area will be developed and integrated with surrounding uses.

3.5.

POLICIES FOR SPECIFIC RESIDENTIAL AREAS The provisions in this Section apply to specific areas where it is appropriate to address development opportunities, and constraints through specific policies that provide additional guidance to the policies contained in the various residential land use designations.

3.5.1. Talbot Mixed-Use Area

Within the area bounded by the Richmond Row Commercial District on the east, the Downtown on the south, the Thames River on the west and Ann Street on the north, referred to here as the Talbot Mixed-Use Area, it is anticipated that there will be proposals for the conversion of existing dwellings to commercial and office use and for the redevelopment of lands for multi-family residential uses. While portions of this area are appropriate for conversion and/or redevelopment, the scale and form of any redevelopment or change in land use shall not adversely impact the amenities and character of the surrounding area. Lands within the Talbot Mixed-Use Area shall be zoned according to the characteristics of their existing land use. In addition to a Planning Impact Analysis as described in Section 3.7., proposals for the rezoning and/or redesignation of lands to permit a change in use shall be evaluated on the basis of the following guidelines:

Lands Designated MultiFamily, High Density Residential

The lands designated Multi-Family, High Density Residential may be considered for high and medium density forms of development that involve substantial land assembly and provide a high standard of site and building design with emphasis on landscaped open space and underground or appropriately screened parking areas.

Kent, Albert and Talbot Streets

ii)

The Multi-Family, High Density Residential lands fronting onto Kent Street, Albert Street and Talbot Street south of Central Avenue, are appropriate for development as a mixed-use area. In addition to the uses allowed under the Multi-Family, High Density Residential designation, offices, retail, personal service, eat-in restaurant and business service uses, created through either the conversion of existing low-rise buildings or portions thereof, or the redevelopment of low-rise buildings on small parcels of land, may be allowed. Consideration may be given to the use of cash in-lieu-of required parking provisions for proposed office and commercial uses, where it can be demonstrated that there are physical limitations to the provision of the required parking on the site and that adequate offsite parking can be provided.

West of Talbot Street between Mill and Albert Streets

iii)

The Multi-Family, High Density Residential lands located west of Talbot Street, between Mill Street and Albert Street, are characterized by predominantly low and medium density residential buildings, some of which are of architectural and/or historical significance. Where buildings are designated as being of architectural and/or historical significance, these buildings may be zoned to permit only the existing structures under the provisions of Chapter 13 and the provisions for heritage zoning in the Zoning Bylaw. In addition to the uses allowed under the Multi-Family, High Density Residential designation, office conversions may be allowed in this area.

Central Avenue

iv)

The lands fronting onto the north and south side of Central Avenue, between Talbot Street and the Richmond Row Commercial District, are appropriate for the development of a mixed-use corridor with a low profile which provides a transition between the higher intensity uses to the south and the lower intensity uses to the north. In addition to the uses provided for under either the Multi-Family, Medium Density Residential or MultiFamily High Density Residential (192-200 Central Avenue) designation, new buildings or the conversion of existing buildings, or portions thereof, to uses such as office, financial institution, personal service, retail business service or eat-in restaurant uses may be allowed. It is intended that conversions shall maintain the form and external appearance of the building. New buildings will be encouraged to adopt a residential style. Limitations will be placed on signage, location of parking areas and additions to buildings. The consolidation of off-street parking at a location that is peripheral to this area shall be encouraged.

Mill, Hyman, John, Ann and Talbot Streets

The Multi-Family, Medium Density Residential lands fronting onto Mill Street, Hyman Street, John Street, St. George Street, the south side of Ann Street, and the east side of Talbot Street, shall retain their predominantly low-rise residential character. In addition to the uses allowed under the Multi-Family, Medium Density Residential designation, consideration will be given to proposals to allow the creation of offices and a broader range of home occupation uses in existing residential buildings, provided that at least one dwelling unit is retained and that there is minimal alteration to the external residential character of the structure.

3.5.2. Horton/ Wellington Area

(Section 3.5.2. deleted by OPA No. 298 - OMB Order No. 0177 - approved 05/01/31)

3.5.3. St. George/ Grosvenor Neighbourhood

Lands within the St. George/Grosvenor Neighbourhood, bounded by Waterloo Street on the east, Oxford Street on the south, the Thames River on the west, and Victoria Street on the north, will remain a predominantly low density, low-rise residential area despite continual redevelopment

*CITY CLERK'S NOTE: The Minister of Municipal Affairs approved a map change with respect to section 3.5.2. above; however, the related text change affecting this section was not processed. An Official Plan Amendment is in progress to delete section 3.5.2. from the Official Plan.

pressure for apartment buildings, expansions to existing hospitals, and office conversions. While there are portions of this neighbourhood that are appropriate for redevelopment or conversion, there also exists a viable low density, lowrise residential neighbourhood. The Plan does not anticipate significant land use changes in these areas, and any proposals for development shall not adversely impact the amenities and character of the surrounding area. Area-specific zoning regulations such as floor area ratio, maximum dwelling size and on-site parking limitations will be applied in parts of the neighbourhood that may be affected by residential intensification and infill to ensure that future development is not out of scale and character with the existing residential community. Based on the St. George/Grosvenor Secondary Plan, suitable areas for office conversions and medium and high density residential land uses have been identified in this Plan. It is intended that additional areas will not be designated for these uses without a re-evaluation of the Secondary Plan and a subsequent decision by Council to amend the Official Plan. (OPA 341 OMB Order No. 0780 March 15, 2006)

The following policies apply only to those sections of the St. George/Grosvenor Neighbourhood designated Low Density Residential; Multi-Family, Medium Density Residential; or Multi-Family, High Density Residential. Multi-Family, High Density Residential

Multi-Family, High Density Residential development will be permitted on the north side of Oxford Street, between the Thames River and Waterloo Street and on Richmond Street, between Oxford Street and Sydenham Street. The height of buildings will be controlled by the Zoning By-law to permit only medium-rise development which will provide a transition between larger-scale development in the Richmond Row Commercial District and the low density, residential dwellings of the St. George/Grosvenor Neighbourhood. Medium-rise office development will also be permitted in the Multi-Family, High Density Residential designation. Secondary uses permitted in this area will exclude commercial recreation facilities. Convenience commercial uses may be permitted on the ground floor of new apartment and/or office buildings.

Multi-Family, Medium Density Residential

ii)

Multi-family, Medium Density Residential development will be permitted on the north side of St. James Street between St. George Street and the Thames River. It is expected that most development proposals will be residential conversions; however, there may be some redevelopment to new medium density residential uses. Secondary uses permitted will exclude new office buildings, office conversions and commercial recreation facilities.

Office Conversions

iii)

Office conversions will be permitted within the area along Richmond Street, between Grosvenor Street and Oxford Street, and along Oxford Street, between the Thames River and Adelaide

Street. The properties along the west side of Richmond Street, between Grosvenor and Cromwell, may be temporarily converted to offices to accommodate the transitional needs of St. Joseph's Health Centre during the reconstruction of St. Mary's Hospital, and those conversions shall be permitted by way of a temporary use by-law. Notwithstanding the provisions of policy 3.6.9. iii), office conversions will not be permitted in any other area of the neighbourhood. 3.5.4. Woodfield Neighbourhood

The Woodfield Neighbourhood, which is approximately bounded by Richmond Street on the west, Dufferin Avenue and Queens Avenue on the south, Adelaide Street on the east and the C.P.R. tracks on the north, is characterized by predominantly low density residential development, with a mix of higher density residential and office conversions. It is a policy of this Plan to maintain the Woodfield Neighbourhood as a low density residential area. In keeping with this policy new office conversions would not be permitted except in the commercial designations along Richmond Street, Adelaide Street, in the Downtown Area, and in areas identified in policy 3.6.9. New office conversions on the east side of Waterloo Street, between Central Avenue and Princess Avenue, and on Central Avenue, between Waterloo and Wellington Streets, may be permitted provided there is little alteration to the external residential character of the structure and provided also that there is at least one residential dwelling unit retained in the building being converted. New office conversions may be permitted on Waterloo Street, both sides between Pall Mall Street and Central Avenue, provided at least one above-grade residential dwelling unit is retained in the building being converted. Existing office conversions are recognized as legal uses in this Official Plan and will be zoned to permit the continuation of these uses. The low density residential neighbourhood within the area bounded by Wellington Street, Pall Mall Street, Waterloo Street and Princess Avenue shall only provide for infill and intensification where such development is clearly compatible with the character, scale and intensity of the low density residential neighbourhood in this area. Area-specific zoning regulations such as, but not limited to, maximum floor area ratio, maximum dwelling size and on-site parking limitations may be applied to ensure that future development meets this objective. (OPA No. 396) Properties fronting the north side of Princess Avenue, west of Waterloo Street are located on the edge of the downtown at a point of transition between high density residential and institutional uses to the south and low density residential neighbourhood to the north. Several buildings have undergone restoration and intensification in a manner which has preserved the character of the neighbourhood and kept the original streetscape intact. Recognizing this, these properties may be exempt from area-specific zoning regulations such as floor area ratio, maximum dwelling size, and on-site parking limitations noted above. (OPA 434- approved January 21, 2008)

The lands designated Multi-Family Medium Density Residential within the

block bounded by Richmond Street, Central Avenue, Wellington Street and Hyman Street may be developed for a greater density and range of uses consistent with the form of development that has already occurred within this area. The density limit for residential development within this area shall be 100 units per hectare. Exceptions to the density limit may be made without amendment to the Plan for developments which qualify for density bonusing under the provisions of policy 19.4.4. Offices will be a main permitted use in this area in the form of office conversions, free-standing office buildings and office-apartment buildings. A type of development which is similar in scale and design features to that existing in the area and the retention of existing structures including their heritage features shall be encouraged. 3.5.5. Jackson Planning District

The Jackson Planning District located in the southeast part of the City of London contains a provincially significant wetland which is identified as Open Space on Schedule "A" - the Land Use Map, and is delineated on Schedule "B" - the Flood Plain and Environmental Features Map. Lands adjacent to this provincially significant wetland are designated MultiFamily, High Density Residential, Multi-Family, Medium Density Residential, Associated Shopping Area and Community Shopping Area. Development of these lands will not occur until the establishment of an appropriate buffer zone around the wetlands and the approval of a storm water management plan for this area. The zoning of these lands will be subject to holding provisions pending the approval of a buffer zone and storm water management plan for the area.

3.5.6. Lands in vicinity of Byron Pits

The development of lands within the vicinity of the Extractive Industrial Area or Aggregate Resource Area, as shown on Schedule "B" for residential uses, shall have regard for the mitigation of the noise and dust impact of extraction operations on the proposed residential development. The review of applications for rezoning or plan of subdivision approval shall include the following considerations: i)

prior to rezoning or final approval of a plan of subdivision within 300 metres (984 feet) of an Extractive Industrial Area or Aggregate Resource Area, a noise and dust impact study shall be completed and any recommended mitigation measures contained therein shall be carried out to the satisfaction of the City of London, the Ministry of the Environment and the Ministry of Natural Resources. Furthermore, the subdivider shall notify prospective lot purchasers, in agreements of purchase and sale and in notices registered on title that are binding on successors and assigns to the subdivision lands and in a separate agreement with the City, of the potential for new licences in the identified aggregate resource area and of the long-term continuation of active aggregate operations in the Byron gravel pits and of the noise and dust impacts associated with extraction and related operations.

ii)

residential subdivisions shall be developed in phases so that the

maximum possible separation distance between areas of residential development and extraction operations is maintained. A minimum separation distance of 150 metres (492 feet) between residential development and the maximum extent of extraction activity (this separation distance being measured from the limit of extraction, not the licensed area boundary) shall normally be required. As peripheral portions of the extraction area are rehabilitated, the separation area could shift to reflect any adjusted limits of active extraction operations. Any deviation from the 150 metre (492 foot) norm would only be considered on the basis of studies undertaken by a qualified consultant which demonstrate to the satisfaction of the City of London and the Ministry of the Environment and the Ministry of Natural Resources that the deviation is satisfactory to protect the residential development from adverse impacts of extraction operations. 3.5.7. South-west Corner Beaverbrook Avenue & Proudfoot Lane (South of Oxford Street)

In the Multi-Family, High Density Residential designation, at the south west corner of Beaverbrook Avenue and Proudfoot Lane, the following provisions must be completed prior to the removal of the "h" holding symbol: i)

the dedication to the City of London of the required road allowance connecting Proudfoot Lane with the lands to the south of the Brook Estate lands.

ii)

confirmation by the City Engineer that adequate sewage capacity is available for the proposed number of dwelling units.

iii)

that the landowner dedicate park land and/or pay cash in lieu of park land for the lands to be developed in accordance with the requirements of the Planning Act as amended.

iv)

in the Multi-Family High Density Residential designation at the south west corner of Beaverbrook Avenue and Proudfoot Lane, the Secondary Plan entitled the Beaverbrook Area Study shall have no status for the purpose of reviewing development proposals on these lands. (Section 3.5.7 amended by OPA No. 298 - OMB Order No. 0177 - approved 05/01/31)

3.5.8. Wolseley Neighbourhood

Deleted by OPA No. 142 - approved 99/04/22

3.5.9. North London/ Broughdale Neighbourhood

The North London/Broughdale Neighbourhood is generally bounded by the Thames River on the north and west, Oxford Street on the south and Adelaide Street on the east, but does not include the St. George/Grosvenor Neighbourhood, which is defined separately in policy 3.5.3. of the Plan. North London/Broughdale is characterized by predominantly low rise, low density residential development, with some

higher density residential, institutional and office uses located along the Oxford, Richmond and Adelaide Street corridors. It is anticipated that there will be demand for residential intensification and infill development within portions of the North London/Broughdale Neighbourhood during the planning period. Area-specific guidelines are required which will direct future residential development to suitable locations, and protect the character of the existing low-rise, low density residential community. Multiple unit residential development is directed to those areas within the Oxford, Richmond and Adelaide Street North corridors that are designated Multi-Family, High and Multi-Family, Medium Density Residential. Except for lands identified in Policy 3.5.9 (a), in Low Density Residential areas fronting onto the Richmond and Adelaide Street North corridors, residential intensification may be permitted through conservation and rehabilitation of the existing housing stock, provided there is adequate space to accommodate required on-site parking and landscaped open space and that intensification is of a scale which is compatible with surrounding land uses. For Low Density Residential areas located outside of the Richmond and Adelaide Street North corridors, conservation and rehabilitation of the existing housing stock shall be encouraged. In keeping with the low-rise, low density character of these areas, residential uses will be restricted to single detached, semi-detached, duplex and converted dwellings (to a maximum of 2 units). Area-specific Zoning regulations such as floor area ratio, maximum dwelling size and on-site parking limitations will be applied in parts of the neighbourhood that may be impacted by residential intensification and infill, to ensure that future development is not out of scale and character with the existing residential community. The following objectives will guide the implementation of Low Density Residential policies for the Old North/Broughdale neighbourhood:

3.5.9. (a)

the height, bulk and placement of buildings will be in keeping with that of existing development in the surrounding area;

ii)

all required parking will be accommodated on site and limited in area;

iii)

development will be sensitive to the orientation or adjacent dwellings and to the continuity of the existing residential streetscape; and

iv)

any new lots created through consent will be in conformity with the minimum zoning requirements, and in keeping with the established lot pattern (in terms of frontage, depth and overall size) in the surrounding area.

The Richmond Street corridor serves as a gateway to the University of

Richmond Street across from the University of Western Ontario Gates

Western Ontario and the City's Downtown. Given this function, it is important that this corridor present a desirable image of London to those entering the City. Within the area opposite the main entrance to the University of Western Ontario, on the east side of Richmond Street between Broughdale Avenue to the south and Epworth Avenue to the north, excluding lands at 1132 Richmond Street, residential intensification may be permitted through redevelopment or the conservation/rehabilitation of existing structures. Permitted uses will be limited to single detached dwellings, converted dwellings, duplexes, triplexes and fourplexes. The massing and bulk of multiple unit developments will be addressed by implementing a maximum floor area ratio of 75% and a maximum total floor area of 720 square meters per building. Specific zoning regulations will be implemented to address building bulk, parking standards and placement of new multiple unit residential buildings. Recognizing the importance of this area as a gateway corridor, higher site plan standards for landscaping, building orientation with Richmond Street and urban design will be required. Three readings of all Zoning By-law amendments for redevelopment proposals requiring site plan approval will be withheld pending a public site plan process. It is intended that lots in this area not be consolidated with lots fronting internal roads for the purpose of increasing lot sizes and residential yield.

3.5.10. Northeast Quadrant Fanshawe Park Road East and North Centre Road

In the Multi-Family, Medium Density Residential designation located on the east side of North Centre Road, north of Fanshawe Park Road East, a limited range of office and commercial recreation uses will be permitted in order to satisfy the demand that is expected from seniors and other residents of the surrounding residential community.

(Section 3.5.11. deleted by OPA 438 Dec. 17/09)

3.5.11. North Talbot Community

The following policy applies to lands bounded by Southdale Road to the north, Bostwick Road to the east, Pack Road to the south and Colonel Talbot Road to the west, in keeping with the North Talbot Area Plan, as adopted pursuant to Section 19.2.1. of the Official Plan, as a guideline document for the review of development applications. Within this area, lands designated Multi-Family, Medium Density Residential may include mixed use areas consisting of residential/commercial development in the form of small scale, pedestrianoriented neighbourhood serving commercial uses and small scale office buildings located as community focal points within the larger area. Small groupings of low rise apartments may surround the mixed use areas in accordance with the density and height limitations of section 3.3.3. Scale of Development of the Multi-Family, Medium Density Residential designation. Zoning on individual sites may not allow for the full range of

permitted uses. The primary permitted uses in accordance with Section 3.2.1. Permitted Uses may be mixed along the local and collector street frontages. Small groupings of multiple attached dwellings, such as street townhouses, may be permitted along a residential streetscape in accordance with the density and height limitations of section 3.3.3. Scale of Development of the Multi-Family Medium Density Residential designation. Zoning on individual sites may not allow for the full range of permitted uses. Consideration may be given to alternative development standards and associated zoning regulations intended to provide for a more efficient utilization of land and to achieve an overall community design concept, where urban design guidelines have been approved by Council to address such matters as building form and massing, treatment of residential facades and design of commercial/residential mixed use buildings and sites. Urban design guidelines must be approved prior to draft plan of subdivision approval. Alternative development standards and regulations may include, but are not limited to: reduced road allowance widths, the use of rear lanes, neighbourhood parkettes, and reduced front yard setbacks to bring building facades closer to the street. For the Multi-family, Medium Density Residential and High Density Residential lands adjacent to Southdale Road W, design guidelines have been developed through the Community Plan process which encourage street-oriented development, discourage noise attenuation walls along arterial roads, and encourage a high standard of design compatibility. New development should be designed and approved consistent with the Talbot Community Urban Design guidelines. For the portion of lands located on the south side of Southdale Road W, and designated Multi-family High Density Residential excluding provisions for bonusing, a maximum building height of 40 metres (131 ft.) will be permitted provided the development is consistent with the design objectives of Talbot Community Design Guidelines. (amended by OPA 519) In the areas designated Low Density Residential on Schedule "A" Land Use, and delineated as Vegetation Patches on Schedule "B1" Natrual Heritage Features, and identified as Canopy Retention Areas in the North Talbot Area Plan, a vegetative management plan identifying the best clusters of the woodland to protect for canopy retention, and a management program designed to reduce impacts on retained vegetation during construction must be prepared for consideration in the review of development proposals.(OPA #426 â&#x20AC;&#x201C; July 16th,2007) Section 3.5.11 renumbered and. amended by OPA 438 Dec. 17/09)

3.5.12. Hyde Park Community Planning Area

In the area bounded by Fanshawe Park Road West on the North, CN Rail line to the south, the former City Boundary (pre-1993) to the east and the former CN railway spur line to the west, design guidelines have been developed through the Community Plan process which encourage streetoriented development and discourage noise attenuation walls along

arterial roads. New development should be designed and approved consistent with the design guidelines in the Hyde Park Community Plan. (Section 3.5.12. renumbered and amended by OPA 438 Dec. 17/09)

3.5.13. Fox Hollow Community Planning Area

In the areas identified as "Residential Special Policy Area" in the Preferred Land Use Concept for the Fox Hollow Community Planning Area bonusing for low density residential development, including cluster housing, will be considered where upland woodlots are identified for preservation as a result of a vegetative assessment. (Section 3.5.13. renumbered by OPA 438 Dec. 17/09)

3.5.14. Kilally North Planning Area

This applies to lands within the Kilally North Planning Area (bounded by Stoney Creek on the north, the urban growth boundary on the east, the Thames River on the south, the Highbury Avenue on the west) located in the City of London. The development of lands within the vicinity of the Extractive Industrial Area or Aggregate Resource Area, as shown on Schedule "B2", shall have regard for the mitigation of the noise and dust impacts of extraction operations on the proposed development. The review of applications for rezoning or plan of subdivision approval shall include the following considerations: (Section 3.5.14. renumbered by OPA 438 and modified by Ministry Mod. #7 Dec. 17/09)

3.5.15. Upland North Community Planning Area

prior to rezoning or final approval of a plan of subdivision within 300 metres (984 feet) of an Extractive Industrial Area or Aggregate Resource Area, a noise, dust and vibration impact study shall be completed by a qualified consultant and any recommended setbacks for development or mitigation measures contained therein shall be carried out to the satisfaction of the City of London. Mitigation measures will be implemented at the sole cost of the proponent of the development. With respect to residential development, the subdivider shall notify prospective lot purchasers, in agreements of purchase and sale and in notices registered on title that are binding on successors and assigns to the subdivision lands and in a separate agreement with the City, of the potential for new licenses in the identified aggregate resource area and of the long-term continuation of active aggregate operations adjacent to the Kilally North area and of the noise and dust impacts associated with extraction and related operations.

At the northern municipal boundary, between Richmond Street and Adelaide Street, an upland corridor will be established though the planning approvals process relating to applications for subdivision, severance, site plan and condominium. The width of this corridor will be variable, but in all cases will be adequate to meet the following functions: i)

to serve as natural heritage corridor linking natural heritage features on both sides of the municipal boundary;

ii)

to allow for a landscaped recreational pathway facility with a minimum corridor width of 15 metres;

iii)

to help mitigate potential conflicts at the rural/urban interface.

In determining the amount of land required south of the municipal boundary needed to meet these functions, consideration will be given to the Uplands North Area Plan, the securement of required easement agreements north of the municipal boundary along the Sun-Canadian Pipeline easement, and the extent to which such agreements may assist in fulfilling these functions. (Section 3.5.16. added by OPA 289 on March 27, 2004) (Section 3.5.15.renumbered by OPA 438 Dec. 17/09)

3.5.16. Sunningdale North Planning Area

The following policy applies to lands within the Sunningdale North Area Plan, located generally north of Sunningdale Road West, west of Richmond Street, east of Wonderland Road North, and south of the municipal boundary. These policies are to be read in conjunction with the Sunningdale North Area Plan, which has been adopted by Council as a guideline document under Section 19.2. of this Plan.

Mixed Use Area

Within the Sunningdale North Area Plan, a Mixed Use Area has been identified. This area includes a commercial block, several residential blocks, and a park block. Specific objectives and corresponding policies have been adopted by Council for this area and applications for the Official Plan and Zoning By-law amendments, plans of subdivision and condominium, consents, and site plans within this Mixed Use Area will be reviewed on the basis of the following policies and a Council-adopted concept plan.

General Concept

ii)

This Mixed-Use Area will allow a range of retail and service-related commercial uses, office uses, institutional uses and medium to high density residential uses. These uses will be mixed horizontally in multiple buildings and/or vertically within single buildings. Such a mix is intended to provide live-work opportunities and pedestrian accessibility to consumer goods and services within the area and the surrounding residential communities. An integrated design for this community, with a clear focal point and quality pedestrian linkages, is intended to support walkability and a strong sense of place for Sunningdale North.

Concept Plan, Zoning and Site Plans

iii)

Zoning amendments, plans of subdivisions, plans of condominium, consents and site plan applications for lands within the Mixed Use Area will be consistent with a concept plan to be adopted by Council as a guideline document under Section 19.2. of this Plan. The concept plan will include, but not be limited to, the approximate allocation of uses, layout of buildings, parking areas, access points, streetscape and architectural design features, driveways, pedestrian linkages, transit service facilities, landscaped areas, focal points and gateway features. It will also include design guidance, including graphic representations of the planned built form that will be applied to individual buildings and sites to achieve the stated objectives for this Mixed Use Area.

Design Objectives

iv)

A critical element of the plan for this Mixed Use Area is the Village Commons which will act as the primary focal point for the entire community plan area. It will be important to create a sense of enclosure around the Village Commons by building a relatively intense building streetscape along the frontage of those streets which surround the Commons. Similarly, it is intended that both residential and commercial buildings along the primary collector roads, leading to the Commons, be lined with a well defined and continuous street edge to establish a strong entrance into the commons and a pedestrian supportive environment. The concept plan will include build-to lines, building mass objectives and minimum frontage coverages to ensure that large gaps are not present around the Commons or along the collector roads in close proximity to the Commons. Equally as important, the commercial uses which are located adjacent to the collector road and the Commons will provide active frontage and a high quality of architectural design to create a Mainstreet look and feel. Where active frontage is not deemed to be possible onto the collector road, buildings will be designed such that they appear as building frontages, incorporating windows, doors and other architectural features that enforce this appearance and enhance the pedestrian streetscape. Sidewalks on the south side of the collector road will be wider than those traditionally constructed along arterial roads to further support this pedestrian objective. All buildings within this Mixed Use Area will be designed with architectural features and landscaping to enhance pedestrian streetscapes.

Community Commercial Node

The lands designated Community Commercial Node within the Mixed Use Area are addressed through Policy 4.3.7.6. of this Plan. As described in the Sunningdale North Area Plan, a focus of the commercial block will be to support smaller-scale retail uses of a distinct character within a Mainstreet setting. In addition, more traditional building forms will be permitted on this block in prescribed proportions. Office uses fronting the Village Commons are to include ground floor retail uses to enhance, and capitalize upon, the Commons experience. Retail uses on the entire site will not exceed 16,000 m2 and office uses will be of a medium scale, as defined in Section 5.5.1. of this Plan, and will not exceed 10,000 m2 in total floorspace. (Clause v) amended by Ministry Mod. #8 Dec. 17/09)

Linkages

vi)

Commercial uses will be designed to support both pedestrian access from the surrounding community and destination shopping from more distant locations. A strong pedestrian streetscape will be developed along the primary collector road and around the Village Commons. Strong internal pedestrian linkages will be supported, through the concept plan, between all buildings within the commercial block. Linkages to the Village Commons will be

supported from the internal areas of the commercial block. Building Form

vii)

Single family detached, semi-detached and duplex buildings will not be permitted within the Multi-family, Medium Density Residential blocks located in the Mixed Use Area. Triplexes and fourplexes will only be permitted where the goals of establishing a strong street edge are maintained. Various forms of row housing and low-rise apartment buildings, which cover a large portion of the site's street frontage, will be identified in the concept plan. Buildings fronting the Village Commons and the primary collector road will be a minimum of two storeys in height.

Gateway Treatment

viii)

Gateways will be addressed through the concept plan in two ways. Recognizing that Richmond Street is a major northern gateway to London, a high standard of landscaping and architectural design will be required for all buildings along this frontage. Subdivision designs will be required which orient residential building frontages on Richmond Street in order to eliminate the need for extensive noise walls. Similarly, this standard will be applied on Sunningdale Road West close to the intersection of Richmond Street. The concept plan will ensure that the buildings on either side of the primary collector road will provide a strong street edge and high quality design standard as a gateway into the Sunningdale North community.

Alternative Standards

ix)

Alternative design standards may be considered for the Sunningdale North community. For example, reduced parking rates may be considered for the commercial block, recognizing and supporting pedestrian and transit usage. Alternatives may also be considered relating to the width of the road allowance surrounding the Village Commons and along the northern collector, with the goal of creating a sense of enclosure and pedestrian amenity. Similarly, reduced front yard setbacks will be established for commercial and residential blocks fronting the Village Commons and collector roads.

Housing Density

Notwithstanding the policies of Section 3.3.3. and 3.4.3. of the Official Plan, the concept plan will establish minimum residential densities in the Mixed Use Area for development within the MultiFamily, Medium Density Residential and Multi Family, High Density Residential designations to provide for the efficient utilization of land and provide a critical mass to support the mixed use concept and transit servicing.

Collector Roads

xi)

Within the Mixed Use Area, a primary collector road will be located from Richmond Street North to Sunningdale Road West. It is expected that the width of the road allowance for this collector will be kept to a minimum, within the scope of requirements for a widened sidewalk and on-street parking. It will be important to encourage a minimal road allowance and minimal building

setbacks along the Mainstreet corridor and the Village Commons. The Concept Plan will address maximum right-of-way, traveled road, on-street parking, sidewalk widths and access points. Street Oriented Development

xii)

Within the Sunningdale North Area Plan, new residential development adjacent to arterial and collector roads will be oriented to the street to provide a high quality of urban design. Alternative design standards will be explored, where practical, to assist in realizing this objective. Noise attenuation walls along arterial roads will be discouraged

Phasing

xiii)

The concept plan shall include a phasing plan for the Mixed Use Area. This phasing plan shall identify the mix of uses within each phase. A residential development component will be included in all phases of the development of the Mixed Use Area. A substantial component of residential development shall be completed to support the Mixed Use Area prior to the approval of the final phase. (Section 3.5.17.added by OPA 354 on April 5, 2005) (Section 3.5.16 renumbered by OPA 438 Dec. 17/09)

3.5.17. Bostwick East Area Plan

In the area bounded by Southdale Road W on the north, Wonderland Road S on the west, and Wharncliffe Road S on the east, design guidelines have been developed through the Area Plan process which encourage street-oriented development, discourage noise attenuation walls along arterial roads, promote a community focal point and encourage a high standard of design compatibility of medium density residential uses adjacent to existing residential lands on the north side of Southdale Road W, and between residential and institutional uses. New development and re-development should be designed and approved consistent with these design guidelines in the Bostwick East Area Plan. (OPA 380- OMB Decision dated December 11, 2007)

Consideration shall be given to alternative development standards, where urban design guidelines have been approved by Council, and associated zoning regulations for small groupings of multiple attached dwellings, such as street townhouses, and mix of residential dwelling types along local and collector street frontages provided on-street parking and other zoning requirements are achieved. The intent is to achieve a mix of residential uses along the streetscape. For the “Multi-family, Medium Density Residential” designated lands along the south side of Southdale Road W comprising 149, 153 and 187 Southdale Road W between Andover Drive and Notre Dame Drive, for lands within 60 metres from Southdale Road W the maximum dwelling height will be 2 storeys. Development on the balance of these lands shall be stepped in height from the 2 storey dwellings up to a maximum of 4 storeys. Consideration will be given to design criteria in the Bostwick East Area Plan for “Multi-family, Medium Density Residential” designated lands along the south side of Southdale Road W to address building form and massing, suitable scale stepping of height from adjacent existing single detached dwellings, and encourage reasonable visible sight lines to the Holy Trinity Greek Orthodox Church, prior to draft plan of subdivision approval and site plan approval. (amended by OPA 380-OMB Dec 11/2007)

For that portion of the Bostwick East Area Plan bounded by Wharncliffe Road South and the south side of Bradley Avenue, designated for “Restricted Service Commercial” and “Multi-Family High Density Residential” uses, some flexibility regarding the interpretation of the limits and configuration of these land use designations may be warranted subject to a comprehensive review of development proposals. The creation of individual parcels and any rezonings will not be considered until such time as the aforementioned review has been completed to the satisfaction of the City. This review will also consider the need for a collector road connection in this area and will determine appropriate public or private intersection locations to the arterial road system to ensure that they are coordinated with existing or future access points to the east of Wharncliffe and north of Bradley Avenue. (added by OPA 380-OMB Dec 11/2007)

Alternative development standards and regulations may include, but are not limited to: neighbourhood parkettes, urban design through innovative

treatment of building facades, and reduced front yard setbacks to bring building facades closer to the street. Zoning on individual sites may not allow for the full range of permitted uses. For a portion of lands located on the south side of Southdale Road W, opposite Andover Drive, designed Multi-family Medium Density Residential, a maximum building height of eight storeys (30 metres) will be permitted provided the development is designed and occupied for senior citizens' housing. The retirement community development will be consistent with the design guidelines of the Bostwick East Area Plan. (Section 3.5.18. added by OPA 358 on June 13, 2005) (Section 3.5.17. renumbered by OPA 438 Dec. 17/09)

3.5.18. Old Victoria Community Planning Area

Development Setback

The following policies apply to land within the Old Victoria Area Plan, generally located between Commissioners Road to the south, the Thames River to the north and the former Old Victoria Road road allowance to the east. These policies are to be read in conjunction with the Old Victoria Area Plan, which has been adopted by Council as a guideline document under Section 19.2 of this Plan. i) The Old Victoria Area Plan identifies an â&#x20AC;&#x153;approximate development setback lineâ&#x20AC;? and further detailed geotechnical study to determine the exact extent of the developable limits of the lands will be carried out at the time of detailed applications for draft approval of plans of subdivision, zoning amendments and site plan approval.

ii)

As identified in the Old Victoria Area Plan, the area of land designated low density residential, generally located between the heritage “Scott” farmhouse and the Thames River, an approximate development setback line has been defined on the basis of geotechnical and ecological studies. In this area, enhancement and naturalization of the Thames River Valley corridor will be actively pursued through the appropriate design and location of stormwater management facilities and extension of the Thames Valley Parkway to assist in meeting the City’s objectives for the Thames Valley Corridor. Opportunities for residential development will be considered in the developable area of the plateau outside of stormwater management facilities subject to completion of detailed geotechnical, environmental impact and servicing studies, bearing in mind the intent to accommodate view and vista protection for the heritage farm house. Other opportunities for enhancement of the Thames River corridor will also be considered at the development stage through appropriate parkland dedication and acquisition strategies which recognize that this area is developable and does not contain existing natural heritage or natural hazard features.

ESA Restoration

iv)

In the northwest area of the Old Victoria Area Plan along the east Meadowlily ESA and the Thames River corridor, re-vegetation and ESA enhancement opportunities on the active agricultural fields below the floodplain and stable slope should be actively pursued. The intent is to restore ecological functions and provide a net benefit for the east Meadowlily ESA and the Thames River corridor. In exchange, developable lands will be added to the adjacent Low Density Residential designation, with access provided along the existing farm lane crossing at the north end of the existing farm pond. An Environmental Impact Study (EIS) shall determine the precise location and extent of the developable lands to be added and will be the basis for the design of road crossing of the watercourse.

Medium Density Residential

The medium and high density designations at the most southwestern extent of the Old Victoria area may be served by a private road or a public local street having direct access to Commissioners Road East. The exact intersection location of the road and Commissioners Road East shall be determined at the detailed subdivision, zoning and site plan approval stages. Development of the subject lands may provide for connection to the lands to the west, thereby providing a second access.

Tree Preservation

In the three areas labeled “tree preservation zone” identified in the Old Victoria Area Plan, the dominant natural heritage features shall be preserved through the detailed subdivision and site plan approval design processes. These areas may be included and incorporated in rear yards or as outdoor amenity areas for residential developments. These areas will be zoned as Open Space and will not permit any form of structures including

outbuildings, decks, patios and pools. These areas will be used for density calculation purposes. Town Centre

vi)

The Town Centre concept, identified at the intersection of Commissioners Road and the proposed primary collector road, is intended to provide an identifiable centre and gateway for the westerly area of the Old Victoria community. The Town Centre designated Multi-family, High Density Residential will develop as a â&#x20AC;&#x153;mixed useâ&#x20AC;? area with no more than 1000 to 2000 m2 of ground floor commercial retail space in buildings that are generally 2 storeys or more. A public square and enhanced site and architectural design together with substantial landscaping will produce an identifiable and pleasing focus and west gateway to the Old Victoria community. Community Design Guidelines within the Old Victoria Plan, will give further direction to the ultimate design. It is also recognized that some flexibility regarding the ultimate size, location and configuration of the Town Centre may be necessary. Consideration will be given to the use of innovative zoning approaches in order to implement the mixed use intent and principles of the Town Centre in the Multi-family, High Density Residential designation.

Primary Collector

vii)

The primary collector road through the Old Victoria Area is to be designed as a residential street with direct access for adjacent land uses and on-street parking. Its intersections with Commissioners and Hamilton Roads shall be spaced strategically to preserve function and safety. The west portion of the primary collector shall gently curve and extend northerly to a roundabout, to facilitate a visual terminus of the heritage farm residence along local street development. Specific road design and collector intersection locations shall be studied in detail at the draft plan/zoning stage with respect to potential alternatives to City standard road widths, design and cross-sections. Consideration is to be given to alternatives that strengthen the community vision such as a on-street parking, widened sidewalks, and outdoor patio opportunities at Town Centre locations, reduced building setbacks, reduced road widths, alternative utility servicing, medians with planting strips, reduced design speeds, rear lanes, etc.

Park and Trail Network

Neighbourhood

viii)

In the detailed planning of the parks and multi uses trail system, consideration shall be given to the need for both passive and active recreation activities and placemaking principles. Park land dedications may include parkettes, small woodlots and may be configured to enhance linkages for multi-use trail systems. More detailed configuration and location of the neighbourhood park, multi-use trail system and access connection points will be determined at the plan of subdivision and site plan stages.

ix)

Should an additional commercial Neighbourhood Centre be

Commercial

warranted the expansion shall take place on the southwest quadrant of the Hamilton Road / future collector intersection, and as shown on the Final Preferred Area Plan. The design of site, buildings and landscaping shall have regard for the design guidelines for the Town Centre and the Hamilton Road Medium Density Infill designation in order to relate well to the overall Old Victoria community and the longer term future infill development opportunities along Hamilton Road. Additional commercial development shall also be consistent with the commercial land use policies of the Official Plan.

Infill Hamilton Road

The Old Victoria Area Plan identifies an area along Hamilton Road as “Infill Medium Density Residential”. These lands shall enable, over the long term, intensification and infill development in keeping with Multi-family, Medium Density Residential policies of this Plan. In addition, small-scale commercial and office based uses may also be permitted. As described in the Area Plan’s design components, comprehensive planned development proposals will be encouraged to allow for coordinated joint access, connected rear lanes and parking areas, and street oriented building patterns.

Stormwater Management

xi)

The Storm Water Management Ponds shown on the Recommended Land Use Plan are symbolic of location and number only. Reference should be made to the accompanying Storm Drainage and Stormwater Management (SWM) Servicing Works Municipal Class Environmental Assessment (Class EA) for details that will also direct future study at the more detailed subdivision and zoning development stages.

Community Design Guidelines

xii)

The Community Design Guidelines, as much as possible, are intended to comply with the numerous City standards for such matters including: road geometry, road widths and profiles, and park, sidewalk and multi-use trail design. However, there may be some areas of the Community Design Guidelines that prevailing City standards may not be able to be accommodated. Specifically, these areas are likely to be within the Town Centre (eg. on-street parking), or with respect to development upon (but preserving) steeper slopes, to accommodate “terraced housing”. Also, it is possible that the land developers may wish to go beyond the normal City design standards for such facilities as entry features, landscaping or street lights. It is intended that city staff and Council will give consideration to such initiatives. (Section 3.5.19. added by OPA 427 on October 1, 2007) (Section 3.5.18. renumbered by OPA 438 Dec. 17/09)

3.5.20 Southeast corner of Southdale Road East and White Oak Road (315-357 Southdale Road East and 30263046 White Oak Road)

The following policies apply to lands southeast of the intersection of Southdale Road East and White Oak Road, north of the “Clearview” subdivision (39T-02508) and west of those properties which front Josselyn Drive.

Overall

Generally, the re-development of the lands at the southeast quadrant of Southdale and White Oak Roads will be undertaken with a high level of design, enhanced pedestrian circulation, and a mix of residential land uses and housing types that are sensitive to the existing single family detached dwellings adjacent to these lands. A preferred development plan will provide for: •

an enhanced network of streets and walking connections affording pedestrians a greater number of access points to the public transit corridors, recreational and community facilities and existing and future retail opportunities;

•

a high density residential “feature” building that acts as a street wall, enhancing the pedestrian experience while providing a buffer between the arterial roads and the internal neighbourhood that it frames;

•

building elements in the medium density designation that encourage street-based townhouses offering “active frontages” at a pedestrian scale;

•

a low density, small lot “buffer” that separates the existing single detached dwellings to the west and south;

•

residential designations which encourage a range of development opportunities and a potential for an innovative district development;

Consideration may be given to alternative development standards and to provide for a more efficient utilization of land and to implement the design concept. Urban design guidelines may address such matters as building form and massing, treatment of residential facades and design of commercial/residential mixed use buildings and sites.

High Density Residential

ii)

Lands immediately south and east of this intersection are designated Multi-Family High Density Residential and are intended to develop as a multi-storey apartment building or buildings which have a high degree of design and compatibility with the surrounding land uses(s). A maximum building height of approximately eight stories (30m) may be permitted. Surface parking will be discouraged in this area to assist in maximizing land use. Where appropriate, a convenience store or personal service establishment may be permitted on the ground floor. Any commercial uses must be integrated with the residential development and are not intended to be with a â&#x20AC;&#x153;stand-aloneâ&#x20AC;? commercial structure. The exact range of permitted uses may be specified in the Zoning By-law.

Medium Density Residential

iii)

Lands east of the Multi-Family, High Density Residential designation are intended to develop as Multi-Family, Medium Density Residential. These lands will include the development at 333-337 Southdale Road East and provide a buffer between the high and low density lands in this area. Single family detached, semi-detached and duplex buildings will not be permitted within the Multi-family, Medium Density Residential designation. Triplexes and fourplexes may be permitted where the goals of establishing a strong street edge are maintained or where they fit within the overall community concept. Various forms of row housing or low-rise apartment buildings are intended to develop within this land use designation. New convenience commercial or service station uses will not be permitted in this area. (OPA 447)

3.5.21 Southeast corner of Fanshawe Park Road West and Dalmagarry Road (Blocks 27-31 in draft plan 39T02509) (OPA #490)

In addition to the policies of section 3.3 and 3.4 of this Plan, the following policies apply to lands southeast of the intersection of Fanshawe Park Road West an Dalmagarry Road, block 27, 28, 29, 30 and 31 which form part of the Hyde Park Meadows Subdivision (39T-02509).

New residential development adjacent to Fanshawe Park Road West and Dalmagarry Road will be oriented to the street to provide a high quality of urban design. Design standards including, but not limited to, maximum building setbacks; percentage of built form along street frontage, etc. will be explored at the time of rezoning and Site Plan Approval to assist in realizing design objectives.

ii)

Noise attenuation walls along arterial roads will not be permitted.

iii)

A graduated â&#x20AC;&#x153;step downâ&#x20AC;? building height must be provided between high density apartment buildings any proposed development and the adjacent existing and proposed low density residential uses to the south and east to provide for an appropriate transition between these building forms.

iv)

Surface parking will not be permitted at the intersection of Fanshawe Park Road West and Dalmagarry Road. Surface parking will be discouraged along the remaining Fanshawe Park Road West and Dalmagarry Road street frontages in order to establish a strong building/street interface in this area. Should surface parking e considered necessary, the parking area must be appropriately screened from the street.

Lands immediately south and east of this intersection fronting Fanshawe Park Road West and Dalmagarry Road (identified as Block 28 in Draft Approved Plan 39T-02509) may develop as a multi-storey apartment building or buildings which have a high degree of design and compatibility with the surrounding land use(s). A maximum building height of approximately 14 storeys (45 m) shall be permitted provided the development is consistent with the Hyde Park Community Plan Design Guildelines and/or the urban design objectives of Council as determined through the zoning by-law amendment process. Building height and densities may be increased as per policy 19.4.4 through enhanced design.

vi)

Lands identified as Blocks 27, 29, 30 and31 in Draft Approved Plan 39T-02509 may develop, in conjunction with (iii), as a multistorey apartment building or multi-storey buildings which have a high degree of design and compatibility with the surrounding land use(s). A maximum building height of approximately six 96) storeys (20 m) may be permitted provided the development is consistent with the Hyde Park Community Plan Design Guidelines and the urban design objectives of Council as determined through the zoning by-law amendment process. Building height and densities may be increased as per policy 19.4.4 through enhanced design.

Transportation

Servicing

vii)

The minimum density within lands designated Multi-family Medium Density Residential shall be 30 units per hectare.

Any application for a zoning by-law amendment to permit higher density residential uses on these lands will be subject to a traffic impact study to address the impacts of high density residential development on adjacent City streets and access points to the proposed development area.

ii)

Access to blocks 29, 30 and 31 will be from Dalmagarry Road only and through internal driveways. Access to Block 27 will be from Freeport Street. Access to high rise apartment buildings on Block 28 will not be permitted to Freeport Street or Fanshawe Park Road West in order to limit the impact of increased traffic on the local street and to maintain traffic flow on the arterial road network.

Any application for a zoning by-law amendment to permit high density residential uses on these lands will be subject to a sanitary and storm servicing analysis to confirm that there is sufficient capacity within the existing sewers and the downstream infrastructure. (OPA #490)

3.6.

GENERAL PROVISIONS DESIGNATIONS

FOR

ALL

RESIDENTIAL

LAND

3.6.1. Group Homes

Group homes are permitted to locate in all Residential designations.

USE

Definition

For the purposes of this Plan, group homes are defined as a single housekeeping unit in which three to eight residents, excluding staff or receiving family, live as a family, for a period exceeding one week for the majority of residents, and under responsible supervision consistent with the requirements of its residents. Group homes shall be licensed or approved under provincial statute and shall not include correctional residences.

Separation Distances

ii)

In order to prevent concentration of group homes, zoning regulations will require a minimum separation distance between group homes.

3.6.2. Correctional and Supervised Residences

Correctional and supervised residences may be permitted by zone change in the Multi-Family, Medium Density Residential designation and MultiFamily, High Density Residential designation subject to the following criteria:

Location

The site is located on an arterial road and is in close proximity to other non-residential land uses.

Compatibility

ii)

The proposed use shall take into account surrounding land uses in terms of height, scale and setbacks and shall not adversely impact the amenities and character of the surrounding area.

Other Residential Uses

iii)

The proposed use will not substantially reduce the suitability of the designated area to accommodate residential uses.

Planning Impact Analysis

iv)

The proposed use can satisfy the requirements of policy 6.2.10. of this Plan and Planning Impact Analysis according to the provisions of Section 3.7.

3.6.3. Home Occupations

Zoning

3.6.4. Community Facilities

A dwelling unit may be used for the purpose of a home occupation provided that the home occupation is a business activity which is clearly ancillary to the residential use of the property, is carried on entirely within the dwelling unit by a resident of the dwelling unit, and does not generate any noise, odour, traffic or visual impacts that may have an adverse effect on adjacent properties or dwelling units. i)

The Zoning By-law shall contain regulations to limit the kinds of activities to be allowed as home occupations, according to the type of dwelling unit, and shall establish restrictive standards regarding matters such as scale of use, extensions to buildings, parking facilities, exterior storage or display of goods, signage and other evidence of the use from outside the property.

The residential land use designations shall permit a range of nonresidential community facilities that are normally associated with, and integral to, a residential environment. Where they are determined to be appropriate the following community facilities permitted in all Residential land use designations include churches; day care centres; branch libraries; schools; community centres; public parks; and public recreation facilities. Zoning on individual sites may not allow for the full range of permitted uses. New community facility uses will require a zone change subject to the following criteria:

Residential Amenity

The proposed community facility will not result in the concentration of community facilities within an established neighbourhood that would detract from the neighbourhood's residential amenity and character. This does not preclude the planned concentration of community facilities during the Secondary Plan process in Section 19.2.1 or in developing neighbourhoods.

Compatibility

ii)

The proposed community facility will be compatible with and sensitive to the scale and appearance of surrounding residential uses.

Function

iii)

The proposed community facility use can be designed to have sufficient off-street parking, circulation, drop-off and pick-up facilities, and access points to minimize traffic on abutting area streets.

Site Plan Approval

iv)

Community facility proposals which require site plan approval will be evaluated on the basis of the following criteria:

(a)

the site is large enough to accommodate the required number of parking spaces within a side or rear yard area, or it will be demonstrated that front yard parking will have no detrimental effect on the adjacent land uses;

(b)

provisions will be made for landscaping, privacy screening or any other appropriate measures necessary to protect the amenity of adjacent residential properties;

(c)

provisions will be made for functional and adequate on-site parking, manoeuverability, and drop-off and pick-up facilities; and

(d)

development will conform with all other applicable provisions of the City's Site Plan Control By-law. (Subsection 3.6.4 amended by OPA 250, approved 03/05/21)

3.6.5. Convenience Commercial and Service Stations

The preferred location for convenience commercial uses and service stations is within the various Commercial land use designations. However, it is recognized that on some sites in Residential designations where specific locational and land use compatibility criteria are met, this type of development may be appropriate as a secondary use. The policies of the Plan recognize existing convenience commercial uses and service stations that are appropriately located in Residential designations. New convenience commercial uses and service stations within the Residential designations will require an Official Plan amendment and zone change.

Function

Convenience commercial uses and service stations should be designed to function at a neighbourhood scale while providing services to surrounding residential areas and the travelling public.

Permitted Uses

ii)

Convenience commercial and service station uses permitted within the Residential designations include the following:

Convenience Commercial

(a)

Variety stores; video rental outlets; film processing depots; financial institutions; medical/dental offices; small take-out restaurants, small food stores; and gasoline sales associated with a variety store. For convenience commercial sites with a gross floor area in excess of 500m2, additional uses including offices, studios, commercial schools, day care centres, bake and florist shops, pharmacies, restaurants eat-in and convenience business service establishments may be permitted. In special circumstances, Council may permit low impact uses such as small commercial schools and day care centres in convenience commercial sites smaller than 500m2 in size through a Zoning By-law Amendment. A variety store, or personal service establishment located on the ground floor of an apartment building may be permitted provided it is oriented towards serving the needs of the

residents of the building and the immediate surrounding area. The exact range of permitted uses will be specified in the Zoning By-law. (Sub-clause (a) amended by OPA No. 146 - approved 99/02/19)

Service Stations

(b)

Service stations; gas bars; and service stations in combination with car washes. The exact range of permitted uses will be specified in the Zoning By-law.

Existing Uses

(c)

Convenience commercial uses and service stations in Residential designations which were existing on the date of adoption of this Plan, and which meet the locational criteria of the Plan are recognized as legal conforming uses. The location of those existing convenience commercial uses and service stations that are recognized by the Plan are shown on Appendix Schedule 1, Convenience Commercial and Service Stations. Convenience commercial uses and service stations in Residential designations which were legally existing on the date of the adoption of this Plan, but which do not meet the locational criteria of the Plan, will be regarded as legal nonconforming uses.

Location

iii)

Convenience commercial uses and service stations will be located on arterial or primary collector roads where it can be demonstrated that such uses are compatible with surrounding land uses and will not have a serious adverse impact on the traffic-carrying capacity of roads in the area. The preferred locations for convenience commercial uses and service stations are at the intersections of major roads.

Scale of Development

iv)

The size of individual convenience commercial uses and service stations will be specified in the Zoning By-law, and will be at a scale which is compatible with surrounding land uses.

Form of Development

(a)

Convenience commercial centres or stand-alone uses should not exceed 1,000 square metres (10,764 square feet) of gross leasable area.

(b)

Service stations which are part of a convenience commercial centre shall be considered part of the gross leasable area of the centre.

Convenience commercial uses and service stations will be permitted as stand-alone uses or as part of a convenience commercial centre. It is not the intent of convenience commercial policies to permit large free-standing uses that should be located in other commercial designations. (Clause v) amended by OPA No. 146 - approved 99/02/19)

Locations of Convenience Commercial and Service Stations Uses

vi)

All convenience commercial uses and service stations in Residential designations which are recognized by the policies of this Plan are shown on Appendix 1. (Note: Appendix 1 is not part of the Official Plan; for locational reference only.) In addition to existing convenience commercial uses and service stations in Residential designations, the following uses are permitted in the locations specified: (1)

Southwest corner of Sarnia Road and Wonderland Road convenience commercial and service station uses;

(2)

Northwest corner of Bradley Avenue and Millbank Drive convenience commercial uses;

(3)

Northwest corner of Admiral Drive and Veterans Memorial Parkway - convenience commercial and service station uses;(OPA 399)

(4)

Northwest quadrant of Trafalgar Street and Veterans Memorial Parkway- convenience commercial uses and service station uses; (OPA No. 399)

(5)

Northwest corner of Oxford Street West and Guildwood Boulevard - convenience commercial uses;

(6)

Deleted by OPA No. 148 - approved 99/03/05

(7)

Northwest corner of Southdale Road and Farnham Road (Block L) - convenience commercial uses;

(8)

Southwest corner of Wonderland Road South and Viscount Road - convenience commercial and service station uses;

(9)

270 Hale Street south of Trafalgar Street â&#x20AC;&#x201C; personal service establishments associated with a single detached dwelling. (deleted and replaced by OPA #474)

(10)

Deleted by OPA No. 149 - approved 99/03/19. (Sub-clause (10) added by OPA No. 114 - approved by MMAH 98/08/25)

(11)

Northeast corner of Fanshawe Park Road East and North Centre Road - convenience commercial and service station uses. (Sub-clause (11) added by OPA No. 197 - approved by OMB 00/06/21)

(12)

North side of Southdale Road East, east of Adelaide Street South, municipally known as 810 Southdale Road East convenience commercial and service station uses. (Sub-clause (12) added by OPA No. 198)

(13)

Northeast corner of Sunningdale Road East and the future westerly collector street proposed on the south half of Lot 11, Concession 6 - convenience commercial uses. (Sub-clause (13) added by OPA No. 208)

(14)

Southwest corner of Highbury Avenue North and Kilally Road - convenience commercial and service station uses. (Sub-clause (14) added by OPA No. 185)

(15)

1150-1152 Fanshawe Park Road East, east of Glenora Drive - convenience commercial uses.

(16)

Southeast corner of Cheapside Street and Sterling Street convenience commercial uses. (Sub-clause (16) added by OPA No. 215, approved 01/05/03)

(17)

Northwest corner of Adelaide Street and Terrace Street convenience commercial and service station uses. (Sub-clause (17) added by OPA No. 231, approved 01/11/16)

(18)

Southwest corner of the propose collector road and Fanshawe Park Road East - convenience commercial uses. (Sub-clause (18) added by OPA 323, approved May 3, 2004)

(19)

7024 Kilbourne Road, northwest corner at Colonel Talbot Road - convenience commercial uses. (Sub-clause (19) added by OPA 329, approved June 28, 2004)

3.6.6. Funeral Homes

Existing funeral homes within the Residential land use designations are permitted. The conversion of a residential building to a funeral home or the construction of a new funeral home may also be permitted through an amendment to the Zoning By-law and subject to the following provisions:

Location

The site is located on an arterial, primary collector or secondary collector road.

Compatibility

ii)

The site can accommodate both the required parking spaces, preferably within a side or rear yard area, and any landscaping, privacy screening or other measures necessary to protect the amenity of adjacent residential properties.

Planning Impact Analysis

iii)

The site can meet the requirements for Planning Impact Analysis as provided for in Section 3.7.

3.6.7. Commercial Recreation Facilities

Location

Commercial recreation facilities such as arenas, swimming pools, and fitness centres may be permitted in the Multi-Family, Medium Density Residential and Multi-Family, High Density Residential designations through an amendment to the Zoning By-law and subject to the following provisions: i)

The property proposed for development shall be located on an

arterial or primary collector road and shall not abut any existing or zoned low density residential uses. Compatibility

ii)

The proposed use will not substantially reduce the suitability of the designated area to accommodate residential uses.

Buffering

iii)

Provision shall be made for landscaping, privacy screening, building setbacks and other measures that may be necessary to protect the amenity of adjacent residential properties.

Planning Impact Analysis

iv)

The proposed use may be subject to a zone change and Planning Impact Analysis as provided for in Section 3.7.

3.6.8. New Office Development

Small-scale, free-standing office buildings may be permitted as secondary uses in the Multi-Family, Medium and Multi-Family, High Density Residential designations, subject to the following provisions:

Location

Office developments shall be located on an arterial or primary collector road. In established neighbourhoods, office developments will only be permitted in areas where the residential amenity of properties fronting onto the arterial or primary collector road has been substantially reduced.

Buffering

ii)

Provision shall be made for landscaping, privacy screening, building setbacks and other appropriate measures necessary to protect the amenity of adjacent residential properties.

Scale, Appearance

iii)

The proposed building shall be sensitive to the scale and appearance of adjacent residential uses.

Zoning, Planning Impact Analysis

iv)

Proposals for new office developments shall require a Zoning Bylaw amendment. A Planning Impact Analysis as described in Section 3.7. will be required to determine if the proposed development is appropriate.

3.6.9. Office Conversions

The conversion of dwellings within Residential designations for office purposed shall be allowed within specifically identified areas subject to the following criteria:

Definition of Office Conversions

For the purposed of the Plan, office conversion shall be defined as the total or partial conversion of a residential building for office use. Office conversions may involve minor additions to the existing building where these facilitate the use of the building for offices. Retention of the general form and character of buildings converted for office use will be required.

Location of Office Conversions

ii)

Office conversions may be permitted in the following locations within the Residential designations: (1)

Oxford Street - north side between the Thames River and Adelaide Street; south side between Foster Avenue and

Woodward Avenue; south side between Wharncliffe Road and the Thames River; and south side between the Thames River and Adelaide Street; (2)

Oxford Street - north side between McNay Street and Oakside Street;

(3)

Central Avenue - north side between Richmond Street and Waterloo Street; south side between Wellington Street and Waterloo Street;

(4)

Albert Street - both sides between Talbot Street and Richmond Street;

(5)

Kent Street - north side between Ridout Street and Richmond Street;

(6)

Princess Avenue - north side between Centennial Lane and Waterloo Street; south side, 371 Princess Avenue only;

(7)

Dufferin Avenue - south side between Waterloo Street and Colborne Street;

(8)

Queens Avenue - north side between Waterloo Street and Elizabeth Street; south side between Waterloo Street and English Street;

(9)

Talbot Mixed Use Area - subject to the policies of 3.5.1.;

(10)

Wellington Street - west side, between the CPR tracks and Central Avenue; east side, between the CPR tracks and Wolfe Street;

(11)

Waterloo Street - both sides between Pall Mall Street and Princess Avenue;

(12)

Richmond Street - both sides between Grosvenor Street and Oxford Street;

(13)

Ridout Street - west side between the Thames River and Elmwood Avenue; east side between the Thames River and Grand Avenue;

(14)

Wellington Road - both sides between the Thames River and Commissioners Road. To ensure a co-ordinated and timely approach to office conversions within this area, properties will not be pre-zoned for office conversions, but will require a Zoning By-law amendment;

(15)

On arterial streets at the periphery of Regional and

Community Shopping Areas where the residential amenity of properties has been substantially reduced. Properties will not be pre-zoned for office conversions but will require a Zoning By-law amendment;

Office Conversions Outside of Identified Areas

Site Plan

iii)

iv)

(16)

Stanley Street - south side between Wharncliffe Road and the Thames River; and

(17)

Waterloo Street - west side, south of Oxford Street, north of the laneway.

The preferred locations for office conversions are those areas identified in 3.6.9. ii). Consideration may also be given to proposed office conversions in other residential areas that are located on arterial roads which have lost some of their residential amenity for a variety of reasons, including, but not limited to, traffic. Proposals will be assessed on an area basis to determine if the area is appropriate for office conversions and whether the area should be identified as an office conversion area under policy 3.6.9. ii). In some cases, Council may permit an office conversion(s) on a site specific basis by Zoning By-law amendment where the proposed use is compatible with adjacent uses and an area approach is not warranted. Proposals for an office conversion(s) outside of identified areas will be evaluated on the basis of the following criteria: (a)

whether the site is a desirable location for office conversions;

(b)

the potential impact of the proposed conversion(s) on the surrounding neighbourhood;

(c)

location on an arterial road that sustains significant traffic volumes;

(d)

potential impact of the office conversion(s) on traffic movement;

(e)

proximity to commercial land uses, or existing office conversions;

(f)

general condition of residential buildings in the immediate surrounding area;

(g)

ability of existing municipal services and infrastructure to accommodate the proposed conversion(s); and

(h)

Planning Impact Analysis according to the provisions of Section 3.7.

All office conversion proposals will require site plan approval which

Approval Required

will be evaluated on the basis of the following criteria: (a)

whether provisions have been made for landscaping, privacy screening or any other appropriate measures necessary to protect the amenity of adjacent residential properties;

(b)

whether the residential appearance of the existing building is maintained and the external evidence of the office use is minimized. Minor additions that are compatible with the external design and appearance of the existing building may be permitted, where necessary, to facilitate the use of the building for office purposes;

(c)

the use of common driveways and parking areas to serve adjacent office conversions shall be encouraged. Where access is proposed to be provided through a side yard to a local street an assessment will be made on the possible negative impacts on adjacent residential uses, and whether access would be more appropriately directed to the main street;

(d)

whether provision is made for the on-site manoeuvrability of vehicles so that egress from the site does not require vehicle reversals onto the street; and

(e)

conformity with all other applicable provisions of the City's Site Plan Control By-law.

Parking Requirements

Where the proposed office conversion is located in close proximity to the Downtown Area, the City may accept payments in-lieu-of a portion of the required parking if it can be demonstrated that there is sufficient available off-site parking to accommodate the proposed use within the immediate surrounding area.

Permission for Office Use

vi)

Where office conversions are permitted in Residential designations through the provisions of the Plan, the permission for office use shall be retained only as long as the life of the building, and shall not be used as the basis for a redesignation or rezoning of the property for office use.

3.6.10. Measurement Density

"Net density" is calculated as the total area of the land designated and proposed for residential development, including of lands dedicated for the purpose of widening existing roads, less any parcels of land to be used for schools, parks, public roads or other non-residential uses. Where an area proposed for development comprises more than one residential designation, each part shall be subject to the density provision applicable to its designation.

3.6.11.

Residential development adjacent to Industrial designations may be

Residential Uses Adjacent to Industrial Areas

subject to measures intended to minimize any potential adverse impacts of existing or future industrial use on the residential development.

Noise Attenuation

Residential development may be subject to noise attenuation requirements according to the provisions policy 19.9.5.

Buffering

ii)

Increased setback, landscaping, privacy screening or other measures to provide an appropriate buffer between residential and industrial uses may be required through the Zoning By-law, and the subdivision and site plan approval processes.

3.6.12. Suburban Small Lot Subdivisions

Larger plans of subdivisions containing small residential lots shall provide a mix of lot frontages for single detached dwellings. The Zoning By-law shall contain a specific zone for small lot single detached dwellings in suburban areas of the City. The Zoning By-law shall also contain regulations addressing the interior garage widths and accompanying driveway widths. Subdivision guidelines shall be prepared to assist in the review of larger small lot suburban subdivisions.

3.6.13. Rural/Urban Interface

The long-term Rural/Urban Interface exists where residentially designated lands abut both the City's Urban Growth Boundary and the City's municipal boundary. Development proposals within 300 m of the Rural/Urban Interface, including Area Plans, Official Plan amendments, zoning by-law amendments, plans of subdivision, severances and site plans, shall be reviewed within the context of the following policies to determine the potential for rural/urban land use conflicts: i)

Development at the Rural/Urban Interface shall incorporate existing natural features and man-made features to provide for separation and buffering between rural and urban land uses.

ii)

Development agreements to be registered on lands at the Rural/Urban Interface shall clearly identify that agricultural operations are ongoing in the area, beyond the City's municipal boundary, and that these agricultural practices may result in noise, odours, dust and other potential nuisances resulting from normal farm practices.

iii)

Development proposals at the Rural/Urban Interface shall include design measures to mitigate adverse impacts that agricultural operations beyond the City's municipal boundary may have upon urban land uses in the City;

iv)

As well, development proposals at the Rural/Urban Interface shall include design measures to minimize adverse impacts which urban land uses in the City may have upon agricultural operations beyond the City's municipal boundary. (Subsection 3.6.13 Added by OPA 230, amended by OMB Order 1306 issued 02/09/26)

3.7.

PLANNING IMPACT ANALYSIS

3.7.1. Purpose

Planning Impact Analysis will be used to evaluate applications for an Official Plan amendment and/or zone change, to determine the appropriateness of a proposed change in land use, and to identify ways of reducing any adverse impacts on surrounding uses. Planning Impact Analysis is intended to document the criteria reviewed by municipal staff through the application review process to assess an application for change. Depending upon the situation, other criteria may also be considered. (Amended by OPA 438 Dec. 17/09)

3.7.2. Scope of Planning Impact Analysis

Planning Impact Analysis will be undertaken by municipal staff and will provide for participation by the public in accordance with the provisions for Official Plan amendment and/or zone change applications as specified in Section 19.12. Proposals for changes in the use of land which require the application of Planning Impact Analysis will be evaluated on the basis of criteria relevant to the proposed change. Other criteria may be considered through the Planning Impact Analysis to assist in the evaluation of the proposed change. Where an Official Plan amendment and/or zone change application is being considered the following criteria may be considered: (a)

compatibility of proposed uses with surrounding land uses, and the likely impact of the proposed development on present and future land uses in the area.

(b)

the size and shape of the parcel of land on which a proposal is to be located, and the ability of the site to accommodate the intensity of the proposed use;

(c)

the supply of vacant land in the area which is already designated and/or zoned for the proposed use; and

(d)

the proximity of any proposal for medium or high density residential development to public open space and recreational facilities, community facilities, and transit services, and the adequacy of these facilities and services.

(e)

the need for affordable housing in the area, and in the City as a whole, as determined by the policies of Chapter 12 Housing.

(f)

the height, location and spacing of any buildings in the proposed development, and any potential impacts on surrounding land uses;

(g)

the extent to which the proposed development provides for

the retention of any desirable vegetation or natural features that contribute to the visual character of the surrounding area; (h)

the location of vehicular access points and their compliance with the Cityâ&#x20AC;&#x2122;s road access policies and Site Plan Control By-law, and the likely impact of traffic generated by the proposal on City streets, on pedestrian and vehicular safety, and on surrounding properties;

(i)

the exterior design in terms of the bulk, scale, and layout of buildings, and the integration of these uses with present and future land uses in the area;

(j)

the potential impact of the development on surrounding natural features and heritage resources;

(k)

constraints posed by the environment, including but not limited to locations where adverse effects from landfill sites, sewage treatment plants, methane gas, contaminated soils, noise, ground borne vibration and rail safety may limit development;

(l)

compliance of the proposed development with the provisions of the Cityâ&#x20AC;&#x2122;s Official Plan, Zoning By-law, Site Plan Control By-law, and Sign Control By-law; and

(m)

measures planned by the applicant to mitigate any adverse impacts on surrounding land uses and streets which have been identified as part of the Planning Impact Analysis;

(n)

impacts of the proposed change on the transportation system, including transit.

(Section 3.7.2. amended by OPA 438 Dec. 17/09)

3.7.3. Information Required

3.7.3.1. Residential Intensification

An applicant proposing a residential intensification development, as defined in section 3.2.3.1. of the Plan, within the Low Density residential designation, or requesting an Official Plan Amendment to a more intensive residential land use designation or requesting Bonus Zoning pursuant to policy 19.4.4. shall be required to submit the following detailed reports: (a)

Neighbourhood Character Statement. A detailed statement of the character of the existing neighbourhood that demonstrates how the proposed development respects the character of the existing neighbourhood shall be submitted by the applicant. This inventory of urban design characteristics shall include a review of structures

and the natural environment within the surrounding neighbourhood. Although the extent of the area to be reviewed will be established at the pre-consultation stage, it shall include an area consisting of 120 metres radius from the subject site. The conceptual design of the project needs to be based on specific built form principles which guide what it is that the project wants to achieve. The Neighbourhood Character Statement shall incorporate the following items: Character & Image i) description of the existing street character; ii) description of the project in the context neighbourhood; iii) visual components; and iv) retention and role of natural environment.

the

Site Design i) ii) iii) iv)

the location of buildings, as well as their orientation to the street edge and sidewalks; the location of building entrances; how the design relates to its site and greater surrounding area; views in to and out of the site â&#x20AC;&#x201C; how does the building function as a view terminus â&#x20AC;&#x201C; provide pedestrian perspectives (at-grade views) and important views; and vehicular and pedestrian circulation

Servicing i)

accessibility and connectivity of the site to the adjacent neighbourhood, community facilities and destinations, including consideration of the circulation for automobile, pedestrians, cyclists and persons with disabilities; ii) access to transit; and iii) shared service locations, parking, ramps, drop-offs, service areas for garbage, loading, utilities, etc. (b)

Compatibility Report. As part of an application for residential intensification, the applicant shall be required to provide a detailed statement of the compatibility of the project, to demonstrate that the proposed project is sensitive to, compatible with, and a good fit within the existing surrounding neighbourhood. The conceptual design of the project shall incorporate the following items: Built Form Elements: i) how the building(s) addresses the street; ii) street wall and treatment of grade level; iii) roof top and cornice lines;

iv) location of entrances and other openings; v) relationship of the building(s) to the street at intersections; and, vi) design for comfort and safety (i.e. privacy, lighting, sun and wind protection, etc.) Massing and Articulation: i) the rhythm of at-grade openings; ii) setbacks; iii) transition to adjacent uses/buildings, and among buildings within the site; iv) transition of scale; v) street proportion / street sections (building to street ratio); and vi) shadowing caused by mid-rise and tall buildings should be minimized and impacts on adjacent private amenity areas (natural light and privacy for example) should be minimized. Architectural Treatment: i) style; ii) details; iii) materials; and iv) colours.

4. 4.1.

DOWNTOWN AND COMMERCIAL LAND USE DESIGNATIONS DOWNTOWN DESIGNATION The Downtown is the primary multi-functional activity centre serving the City of London and the surrounding area, comprising much of Southwestern Ontario. It contains regionally significant office, retail, service, government, recreational, entertainment and cultural facilities and is distinguished from other areas in the City by its concentration of employment and its intensive, multi-functional land use pattern. It is intended that the Downtown will continue to be the major office employment centre and commercial district in the City, and that its function as a location for new medium and high density residential environment will be strengthened over time. Support will also be given to the continued development of the Downtown as a regional meeting place and as the primary location for hotel, convention, cultural entertainment and other service facilities that will promote local tourism. Limitations on the scale of development will be less restrictive in the Downtown and policies will allow for flexibility in the application of these limitations. The Downtown Design Guidelines will be used to improve the aesthetics of new development and the pedestrian environment. The Downtown contains many of the City's original buildings and some of the most architecturally important buildings in the City. Support is given to establishing priorities for preservation and retention of buildings in the Downtown through the provisions of Chapter 13 and provisions for heritage zoning in the Zoning By-law. The policies on preservation are balanced against policies which promote growth and development in the Downtown. The City will support the blending of these two approaches to the Downtown by encouraging property owners to incorporate buildings and features of cultural heritage value or interest into new development projects designating significant buildings and streetscapes under the Ontario Heritage Act. (Sec. 4.1., 4.1.1. and 4.2.3. to 4.1.6. deleted by and sec. 4.2. amended by OPA 438 and Ministry Mod. #9 Dec. 17/09)

4.1.1.

PLANNING OBJECTIVES i)

Promote the continued development of the Downtown as the primary business, administrative, institutional, entertainment and cultural centre for the City of London and as a regional centre for Southwestern Ontario. (Clause i) amended by OPA No. 95 - OMB Order No. 1596 - approved 98/06/25)

ii)

Concentrate the development of major office buildings, hotels, convention facilities, entertainment and cultural uses, major indoor sports facilities and government buildings, having Citywide or regional significance, within the Downtown. (Clause ii) deleted and replaced by OPA No. 95 - OMB Order No. 1596 - approved 98/06/25)

iii)

Encourage growth in the residential population of the Downtown

and adjacent gateway areas through new development and the renovation and conversion of existing buildings. iv)

Encourage the consolidation and enhancement of a compact, pedestrian-oriented shopping area within the Downtown.

Facilitate vehicular and pedestrian movement into and within the Downtown through improvements to the network of transit roads, parking areas and pedestrian facilities.

vi)

Support the development of services and facilities in the Downtown that will attract and support tourism.

vii)

Encourage the provision of a high level of transit services in the Downtown.

viii)

Enhance the attractiveness and accessibility of the Downtown for residents and visitors, with particular attention to attracting seniors and families with children.

(Sec. 4.1.1. amended by OPA 438 Dec. 17/09)

4.1.2. Urban Design Objectives

Promote a high standard of design for buildings to be constructed in the strategic or prominent locations of the Downtown;

ii)

Discourage development and design treatments that are considered detrimental to the functional success and visual quality of Downtown;

iii)

Allow flexibility for individual design creativity and innovation;

iv)

Design new development to complement the appearance and function of any significant natural features and public open spaces that are adjacent to the site;

To the extent feasible, position new development to minimize the obstruction of view corridors to natural features and landmarks;

vi)

Design new development to provide for continuity and harmony in architectural style with adjacent uses that have a distinctive or attractive visual identity or are recognized as being of architectural or historic significance; and,

vii)

Co-ordinate the planning and design of streetscape improvements in the Downtown including the upgrading of building facades, signage, sidewalks, lighting, parking areas and landscaping.

(Sec 4.1.2. added by OPA 438 Dec. 17/09)

4.1.3. Downtown Boundaries

The delineation of the Downtown shall be conducive to its development as a compact, densely built-up area.

Basis

Expansion Criteria

ii)

The boundaries of the Downtown as shown on Schedule "A" â&#x20AC;&#x201C; the Land Use Map, and Figure 4-1 are based on: (a)

natural and constructed features which define the Downtown;

(b)

the existing land use pattern;

(c)

the inclusion of the type and intensity of existing land uses which are permitted and desirable in the Downtown;

(d)

pedestrian movement;

(e)

the necessity of providing an adequate supply of land to accommodate, with a reasonable amount of choice, the types of development intended for the Downtown; and

(f)

the potential benefits to the function and appearance of the Downtown that the redevelopment of a particular area may have.

The Downtown shown on Schedule "A" of the Official Plan and Figure 4-1 should be sufficient to accommodate considerable growth through redevelopment and rehabilitation. Nevertheless, it is recognized that over the life of this Plan there may be proposals to expand the Area boundaries. The evaluation of any proposal to expand the boundaries of the Downtown shall have regard for: (a)

the availability of suitable lands within the existing boundaries of the Downtown to accommodate the types of uses proposed;

(b)

the suitability of the proposed expansion area to accommodate a dense, pedestrian-oriented scale of development;

(c)

the pedestrian accessibility of the proposed expansion area from the central area of the Downtown;

(d)

adverse impacts related to traffic, parking, loss of privacy, noise, shadowing or other matters, that development may have on adjacent land uses outside of the Downtown; and

(e)

other matters identified in Section 4.5. Planning Impact Analysis.

(Sec. 4.1.3. renumbered and amended by OPA 438 Dec. 17/09)

4.1.4.

Within the Downtown boundaries, a Downtown Shopping Area has been

Downtown Shopping Area

identified. Council shall encourage the retention and enhancement of a Downtown Shopping Area in which the predominant uses at street level shall be retail and service facilities that comprise a pedestrian-oriented shopping environment to serve Downtown workers, the residential population and visitors. The policy does not preclude uses which serve a regional clientele. Non service-office uses, residential uses and surface parking lots will be discouraged at street level. The concentration of community service agencies at street level will also be discouraged in the Downtown Shopping Area (Sec. 4.1.4. renumbered and amended by OPA 438 Dec. 17/09)

Location

The Downtown Shopping Area includes the eight block area bounded by Ridout, York, Wellington and Dundas Streets; properties fronting on the north side of Dundas Street from Talbot Street to Colborne Street; and a northerly extension comprised of properties fronting onto Richmond Street and extending to Kent Street. The boundaries of the Downtown Shopping Area are approximate and shall be subject to flexibility in their application provided that the intent of the Downtown Shopping Area concept is maintained. (Clause i) renumbered and amended by OPA 438 Dec. 17/09)

FIGURE 4-1 DOWNTOWN AREA BOUNDARIES

4.1.5. Major Facilities

Major office uses, hotels, convention centres, government buildings entertainment uses and cultural facilities which have a city-wide or larger service area will be encouraged to locate in the Downtown. (Sec. 4.1.5. renumbered and amended by OPA 438 Dec. 17/09)

4.1.6. Permitted Uses

Council shall support the continued development of the Downtown as a multi-functional regional centre containing a broad range of retail; service; office; institutional; entertainment; cultural; high density residential; transportation; recreational; and open space uses. (Subsection 4.2.4 amended by OPA No. 95 - OMB Order No. 1596 - approved 98/06/25)

Retail Uses

Developments that are predominantly retail shall be encouraged to locate within the Downtown Shopping Area so that the existing compact pedestrian-oriented shopping environment is maintained and enhanced.

Service Uses

ii)

Service uses such as hotels; restaurants; personal service establishments; financial institutions; commercial recreation uses; theatres; and travel agencies may locate throughout the Downtown. Development of these uses within the Downtown Shopping Area shall contribute to the appearance and continuity of the shopping environment.

Office Uses

iii)

Office uses and government facilities may locate anywhere within the Downtown. Office development within the Downtown Shopping Area shall provide for retail or service-office uses at street level.

Residential Uses

iv)

The development of a variety of high and medium density housing types in the Downtown will be supported. Residential units may be created though new development or through the conversion of vacant or under-utilized space in existing buildings. Residential development within the Downtown Shopping Area shall provide for retail or service commercial uses at street level.

Open Space

The retention of existing accessible open space areas, both publicly and privately owned, and the creation of new areas of this type, shall be encouraged. Support will be given to the provision of street level, publicly-accessible open space areas in major development projects within the Downtown.

Entertainment Uses

vi)

Theatres, cinemas, and places of entertainment that have a City-wide or broader service area will be directed to the Downtown to promote the Core as the City's primary entertainment destination place. A limited number of these entertainment uses will also be permitted outside of the Downtown in the Enclosed Regional Commercial Node designation, as specified in Section 4.3.5.3.; and at the Western Fairgrounds, as specified in Section 6.2.2.(ii) of this Plan. Small scale cinemas may also be permitted up to a maximum

size of 1,000 m2 (10,765 sq.ft.) within the Community Commercial Node and Main Street Commercial corridor designations only where zoning existed that permitted cinemas prior to the adoption of this policy. The Zoning By-law will specify where these small scale cinemas are permitted. Theatres, cinemas, and places of entertainment may be considered for other locations outside of the Downtown, subject to an Official Plan amendment under Chapter 10 of this Plan. Recognizing that such amendments will only be permitted where the proposed use cannot be practically accommodated in the Downtown, applicants will be required to demonstrate that the proposal will satisfy all of the following criteria: (a)

The proposed use has site or location requirements which cannot be met by lands in the Downtown. When implementing this criterion locational, preferences will not be considered as requirements;

(b)

The location of the proposed use outside of the Downtown will not have a negative impact on the ability of the Downtown Area to serve as the City's primary entertainment destination;

(c)

The proposed use will not have an adverse impact on surrounding land uses, exceed the capacity of available municipal services, or unduly interfere with the function of the land use designations applicable to surrounding lands; and (Clause vi) added by OPA No. 95 - OMB Order No. 1596 - approved 98/06/25)

(d) Cultural Uses and Community Facilities

vii)

The proposed use will support the neighbourhood.

Community facilities of a cultural or recreational nature which have City-wide or regional significance, shall be encouraged to locate in the west and north-west sections of the Downtown in the vicinity of existing cultural, religious, historical and open space uses to create a community focal point for residents and tourists.

(Sec. 4.1.6. renumbered and i) to vi) amended by OPA 438 Dec. 17/09)

Commercial Parking Structures and Surface Parking Lots

viii) Commercial parking structures are a permitted use in the Downtown and are encouraged to locate in peripheral areas of the Downtown. The design of these structures along the street edge should be addressed through consideration of the Downtown Design Guidelines specifically requiring enhanced landscaping and consideration of pedestrian connections. The long term intent of the Plan is to improve the aesthetics of existing surface parking lots and to discourage new surface parking lots in the Downtown, especially where they involve the removal of buildings. (Clause viii) added by OPA 438 Dec. 17/09)

Light Industrial Uses

ix)

A limited range of light industrial service uses including printing and communication facilities, uses accessory to retail and restaurant uses, research facilities, laboratories and other low impact activities that are compatible with adjacent uses with regard to scale, appearance, and access, may be permitted in peripheral areas of the Downtown. Existing light industrial uses which detract from the appearance and function of adjacent land uses will be encouraged to relocate to more appropriate locations outside of the Downtown. (Clause ix) renumbered amended by OPA 438 Dec, 17/09)

Mixed-Use Development

Mixed-use buildings that provide for the vertical integration of two or more permitted uses, other than light industrial, shall be a permitted form of development in all areas of the Downtown. Mixed-use development proposals shall be subject to the policies pertaining to the separate land use components.

Zoning of Heritage Buildings

xi)

Within the Downtown designation, it is recognized that Council, under the policies of Chapter 13, Heritage Resources Policies, may designate buildings of cultural heritage value or interest. Notwithstanding the Downtown designation, these buildings may be zoned to protect existing structures under the provisions of Chapter 13 and the heritage zoning provisions of the Zoning By-law.

(Clauses x) and xi) renumbered and amended by OPA 438 and Ministry Mod. # 10 Dec. 17/09)

4.1.7. Scale of Development

Scale Limitations

The Downtown will accommodate the greatest height and density of retail, service, office and residential development permitted within the City of London. i)

Development in the Downtown may be permitted up to a maximum floor area ratio of 10:1 for commercial uses and will normally not exceed 350 units per hectare (140 units per acre for residential uses. Increases in density may be permitted without amendment to this Plan provided the proposal satisfies density bonusing provisions of Section 3.4.3. iv) and 19.4.4. of the Plan, conforms to the Site Plan Control By-law and addresses standards in the Downtown Design Guidelines. This maximum level of intensity will not be permitted on all sites. In areas which cater primarily to pedestrian shopping needs, including portions of Dundas Street and Richmond Street, the height of buildings at or near the street line will be restricted in the Zoning By-law to provide for a pedestrian-scale streetscape which allows adequate levels of sunlight and minimizes wind impacts. Where a site fronts onto a street which caters to pedestrian shopping needs, building heights will be permitted to increase in a step-like fashion away from areas of pedestrian shopping activity. Parts of the Downtown that are located adjacent to lower density, residential areas will be subject to height, density and site coverage limits in the Zoning By-law that are intended to provide for an appropriate transition in the scale of development. (Clause i) renumbered and amended of OPA 438 Dec. 18/09)

Design Considerations

ii)

The proponents of development projects in the Downtown will be encouraged to have regard for the positioning and design of buildings to achieve the urban design principles contained in Chapter 11, conform to the Site Plan Control By-law and address standard in the Downtown Design Guidelines. It is intended that Downtown development should enhance the street level pedestrian environment and contribute to the sensitive integration of new development with adjacent structures and land uses. (Clause ii) renumbered and amended by OPA 438 Dec. 17/09)

Street Level Wind Impacts

iii)

The design and positioning of new buildings in the Downtown shall have regard for the potential impact that the development may have on ground

level wind conditions on adjacent streets and open space areas. New development should not alter existing wind conditions to the extent that it creates or aggravates conditions of wind turbulence and velocity which hamper pedestrian movement, or which discourage the use of open space areas. (a)

City Council, as part of its review of major development proposals in the Downtown, may require the developer to undertake a street level wind impact statement for the project. The statement shall be sufficient to describe the predicted street level wind conditions associated with the proposed development, and the measures that may be taken to reduce adverse wind conditions to more acceptable levels. Where preliminary findings warrant a more detailed approach, the wind impact statement shall include a wind tunnel analysis of the project. The requirements for a wind impact statement may be imposed at an early stage in the consideration of applications for rezoning or, where rezoning is not required, site plan review.

(b)

To assist in the analysis of street level wind conditions in the Downtown, Council may direct that a wind study of the Downtown be prepared. In addition to identifying any existing or potential wind problem areas, the study may be used as the basis for the adoption of a guideline document, as described in Section 19.2.2. pertaining to: -

wind comfort criteria appropriate for the City of London;

procedures for evaluating and, where necessary, reducing the potential impact of proposed developments on street level wind conditions; and

appropriate size and location criteria for the identification of development proposals that would be subject to wind impact study

and/or wind requirements

tunnel

testing

(Clause iii) b) renumbered and amended by OPA 438 Dec. 17/09)

4.1.8. Redevelopment Rehabilitation and Conversion

The efficient utilization of lands and buildings within the Downtown will be encouraged through the development of vacant or under-utilized land and the rehabilitation, where feasible, of buildings that are functionally viable but require improvements in appearance and/or condition. (Sec. 4.1.8. renumbered and amended by OPA 438 Dec. 18/09)

4.1.9. Circulation Pedestrian

The enhancement of a pedestrian circulation system throughout the Downtown will be supported.

Downtown Shopping Area

New development within the Downtown Shopping Area shall enhance pedestrian circulation and contribute to the appearance and continuity of the shopping environment. In particular, the creation of blank building facades adjacent to, or across from, predominantly storefront development shall be discouraged.

Pedestrian Amenities

ii)

Where appropriate, redevelopment projects will be encouraged to include pedestrian and transitoriented design features such as the widening of sidewalks, the provision of landscaped areas accessible to pedestrians, street benches and bus bays. Consideration will also be given to the upgrading of public streets to accommodate pedestrian traffic through measures such as the widening of sidewalks, the provision of weather protection, the use of accessibility design standards and the development of at-grade, mid-block street crossings.

Parkland Dedication

iii)

Parkland dedication which may be required of new commercial or residential development within the Downtown may be taken in the form of setbacks, parkettes, public and or landscaped plaza areas that enhance pedestrian circulation or contribute to the visual amenity of the Downtown.

(Sec. 4.1.9. renumbered and i) ii) and iii) amended by OPA 438 Dec. 17/09)

4.1.10. Parking

Parking Requirements

Council shall support the provision of adequate and welllocated off-street parking facilities that are sufficient to meet the demand generated by existing and proposed land uses in the Downtown. i)

Parking requirements will be applied through the Zoning By-law to new development within the

Downtown, based on the type of use and at a standard sufficient to satisfy the incremental demand for parking generated by the proposed development. Cash Payments in-Lieu-of Parking

ii)

The City may enter into agreements to allow payments of money by the land owner to the City as consideration for the granting of exemptions from the provision of all or part of the parking required for a proposed development.

Municipal Parking

iii)

The City, on its own or in co-operation with private land owners, may participate in the acquisition and development of land within the Downtown for the purpose of public off-street parking.

Surface Parking Lots

iv)

The creation of new surface level commercial and/or accessory parking lots within the Downtown Shopping Area will be discouraged. Surface parking lots outside of the Downtown Shopping Area that require the demolition of significant heritage buildings will also be discouraged.

(Sec. 4.1.10. renumbered and iv) added by OPA 438 Dec. 17/09)

4.1.11. Downtown Plan

Council may, according to the provisions of Section 19.2.1. dealing with area studies, adopt a Plan for the development of the Downtown. The Plan may be used to assist in the implementation of the Downtown policies, to provide guidance for the preparation and evaluation of development proposals and to facilitate the identification of heritage conservation areas and buildings. This Plan would be adopted by Council, similar to other adopted policies such a the Downtown Community Improvement Plan, Downtown Design Guidelines, Downtown FaĂ§ade Study and the Downtown Millennium Plan. (Sec.4.1.11. renumbered and amended by OPA 438 Dec. 17/09)

4.1.12. Monitoring

The monitoring of retail, office, residential and other space trends in the Downtown should occur to ensure new development and rehabilitation are meeting Councilâ&#x20AC;&#x2122;s Downtown Planning and Urban Design Objectives. The monitoring should occur either through the yearly Downtown Report Card, through the 5 year review of the Official Plan, or through a separate study. (Section 4.1.12. added by OPA 438 Dec. 17/09)

4.2 Introduction

COMMERCIAL LAND USE DESIGNATIONS The commercial land use designations provide the primary location for retail and service commercial land uses. They provide for the orderly development and distribution of commercial uses consistent with the objectives of this Plan, two general types of Commercial land use designations have been identified on Schedule “A” (Land Use) of the Official Plan. The “Commercial Node” and “Commercial Corridor” general types of designation are applied to multi-use commercial areas according to their functional characteristics and form. These two general designations include sub-categories that are defined according to size, function, market focus and form criteria. The “Commercial Nodes” general land use designation include specific Enclosed Regional, New Format Regional, Community and Neighbourhood Commercial Nodes designations. These require commercial uses to be clustered in a nodal format and are classified based on their size, market focus and functional characteristics. The “Commercial Corridors” general land use designation is applied along major streets in a linear form and includes the specific Main Street and Auto-Oriented Commercial Corridor designations. They have either a street-oriented, pedestrian form or auto-oriented form, respectively. Convenience commercial uses are permitted in commercial designations but are also permitted in residential designations subject to criteria to serve the convenience needs of surrounding residents. In the commercial designations, quality urban design is an important element and is implemented through the urban design policies of this Plan, the site plan approval process, the Commercial Urban Design Guidelines or other area specific design guidelines.

4.2.1. Panning Objectives for all Commercial Land Use Designations

It is intended that the development and use of areas designated Enclosed Regional Commercial Node, New Format Regional Commercial Node, Community Commercial Node, Neighbourhood Commercial Node, Main Street Commercial Corridor and Auto-oriented Commercial Corridor meet the following objectives: i)

Promote the orderly distribution and development of commercial uses to satisfy the shopping and service needs of residents and

shoppers; ii) Minimize the impact of commercial development on adjacent land uses and on the traffic-carrying capacity of adjacent roads; iii) Provide sufficient land at appropriate locations to meet the need for new commercial development; and, iv) Encourage intensification and redevelopment in existing commercial areas within the built-up area of the City to meet commercial needs, to make better use of existing City infrastructure and to strengthen the vitality of these areas.

4.2.2. Urban Design Objectives for all Commercial Designations

Promote an aesthetically pleasing form of commercial development that conforms to the Cityâ&#x20AC;&#x2122;s Commercial Urban Design Guidelines and any area specific guidelines;

ii) Maintain, where possible, the cultural heritage value or interest (Ministry Modification #11 â&#x20AC;&#x201C; December 17/09) of listed buildings in the commercial designations and ensure, through application of the Commercial Urban Design Guidelines, that new development is complementary to the form of existing development; iii) Encourage commercial development located along arterial roads, which serve as major entryways into the City, to meet a higher design standard through the site plan approval process and through the application of the Commercial Urban Design Guidelines; and, iv) Discourage large, front yard surface parking areas; encourage street-oriented development; introduce a higher standard of landscaping; incorporate accessible pedestrian connections to transit facilities, to adjacent neighbouring residential areas and within large commercial developments; require joint access and the coordination of internal and external traffic movements.

4.3. Introduction

COMMERCIAL NODES The development of lands designated as Commercial Node is primarily intended to meet a variety of retail and service needs ranging from frequent, convenienceoriented and neighbourhood-based shopping activities to the provision of specialized goods and services that draw customers from a broad trade area. While these areas are conveniently located to satisfy many of the shopping needs of the areas they serve, they are not intended to accommodate the wide range of functions or the intensive scale of non-retail development permitted in the Downtown, nor will they rival the Downtown's role as the primary business, administrative, institutional, entertainment and cultural area in the City. (Section 4.3 amended by OPA 95 - OMB Order No. 1596 - approved 98/06/25)

The orderly development and distribution of shopping facilities shall be encouraged through the classification of the Commercial Node designation into four categories based on size, function, and form criteria. "Enclosed Regional Commercial Node", â&#x20AC;&#x153;New Format Regional Commercial Nodeâ&#x20AC;?, "Community Commercial Nodeâ&#x20AC;? and "Neighbourhood Commercial Node" are shown on Schedule "A" ( Land Use) of the Official Plan and the policies contained in this Section of the Plan describe the size, function, permitted uses and development criteria for each category. Enclosed Regional, New Format Regional, Community and Neighbourhood Commercial Nodes shall be developed primarily for retail and service commercial uses, and, to a lesser extent, small scale offices that are suited to a location with an integrated form of development that encourages multi-purpose shopping trips. Specific ranges of uses for the commercial nodes will determined on the basis of their size, location and proximity to sensitive land uses. These uses will be identified in the Zoning By-law.

4.3.1. Planning Objectives

Encourage the grouping of retail and service commercial uses into nodal areas that serve multi-purpose shopping trips;

ii)

Promote the development of these areas into a nodal configuration rather than strip configuration so that their impact on traffic and adjacent land uses is minimized; and,

iii)

4.3.2. Urban Design

Objectives

Support the distribution of retail and service commercial uses in each nodal classification based on location, size, function, scale and form criteria to meet the shopping needs of residents.

Commercial Nodes be developed in accordance with the general principles of urban design as noted in Chapter 11 and in the Commercial Urban Design Guidelines. In commercial nodal areas, attention should be provided to the following general design principles; i)

massing and architecture within the node should provide for articulated facades and rooflines, accented main entry points, generous use of glazing and other faĂ§ade treatments along sidewalk areas and weather protection features. These elements should be encouraged to facilitate enhanced design and improve pedestrian access within the node;

ii)

street setbacks should be minimized by placing smaller, single or multi-tenant buildings near the sidewalk and along arterial roads and by increasing, as much as possible, the street frontage of nodal developments. This will assist in framing prominent nodal corners;

iii) improve the design the design of the street edge by including enhanced landscaping, encouraging buildings at or close to the street line and discouraging the inclusion of blank walls along major roads; iv) development within the commercial nodes is encouraged to meet the requirements for L.E.E.D. certification. Building design that can reinterpret and integrate corporate design standards into the nodeâ&#x20AC;&#x2122;s existing urban conditions should be considered; (Clause iv) amended by Ministry Mod. #12 Dec. 17/09)

parking should be provided in rear or side yards and/or structured parking areas. Street edge parking should be provided where conditions are suitable. Parking courts and larger parking areas which are broken up with landscaped pedestrian walkways and crossings should be

developed; vi) the provision of signage supportive of the commercial nodeâ&#x20AC;&#x2122;s character and consistent throughout the node should be encouraged; vii) the use of landscaping to improve and enhance the pedestrian environment within the commercial node as well as to screen and buffer unsightly uses should be an integral part of the commercial node; viii) lighting should be provided that enhances the nodal area, ensures safety and reinforce the pedestrian environment; ix) specific directives which improve access and linkages between nodes and the surrounding residential neighbourhoods should be provided in the Commercial Urban Design Guidelines; x)

improve pedestrian connections from transit stops, from adjacent residential neighbourhoods and within commercial nodes;

xi) linkages and access to public transit within each node should be established and maintained; xii) encourage combined access points and joint access between neighbouring properties to minimize traffic impacts on adjacent road and maximize the traffic carrying capacity of those roads; and, xiii) address urban design issues such as noise, landscaping, privacy fencing at the interface of the Commercial Node and adjacent sensitive land uses. 4.3.3. Mixed-Use Development

Several of the existing commercial nodes have sufficient vacant land areas and/or older, existing developments which are conducive to redevelopment and intensification and redevelopment within these areas should be considered where the integration of additional uses, such as residential and community facilities, with retail functions could achieve a more mixed-use commercial environment. Mixed use developments which permit a substantial residential component shall be implemented through specific zoning by-law amendments and concurrent site

plan applications. These processes will address and prevent conflict between the different land uses within and adjacent to the node by requiring: i)

compliance with maximum heights and densities of the new use;

ii)

appropriate location of mixed use projects within the nodal area to ensure that such projects enhance the amenity, visual and functional aspects of the node they serve;

iii) appropriate location of mixed use projects within the nodal area to ensure that such projects enhance the amenity, visual and functional aspects of the node they serve; iv) safe accessible pedestrian, cycling, vehicular and public transit access and parking; v)

screening of noise, visual, odour or other nuisances;

vi) appropriate set backs; vii) interior and exterior amenity spaces; viii)

adequate transportation, water, sewer and other utility capacity; and,

ix) adequate park, community and neighbourhood facilities.

4.3.4. Application of Gross Floor Area

Applications for the introduction of a mixed-use development within an existing node or through the redevelopment of an existing node will need to address the requirements to expand or intensify an existing node as set out in Section 4.3.10. of this Plan. It is a policy of this Plan that the maximum permitted Gross Floor Area (GFA) applies to the entire node designation and not to individual properties within the designation.

4.3.5.

4.3.5.1.

ENCLOSED REGIONAL COMMERCIAL NODE

Enclosed Regional Commercial Nodes are intended to

Function

provide for a wide range of commercial uses which meet specialized service and comparison shopping needs. They are intended to be developed to promote the integration of uses, encourage multi-purpose shopping trips, minimize the interface between commercial and residential development and reduce the disruption to traffic flow on adjacent streets. Enclosed Regional Commercial Nodes, are regarded as major activity centres, based on their size and range of uses and may have trade areas that extend beyond the municipal boundary.

4.3.5.2. Location

An Enclosed Regional Commercial Node shall be located: i) at the intersection of two arterial roads; ii)

on a site(s) large enough to accommodate all buildings plus parking, loading facilities and measures to provide adequate buffering and setbacks for adjacent residential uses; and

iii) on a site with good access to public transit service with on-site transfer areas encouraged.

4.3.5.3. Permitted Uses

Permitted uses include all types of large and small-scale retail outlets including department stores; retail warehouses, building supply, and home improvement and furnishings stores; specialized retail outlets and supermarkets and food stores; convenience commercial uses; personal services; restaurants; commercial recreation establishments; financial institutions and services; a limited range of automotive services; serviceoriented office uses; community facilities, such as libraries or day care centres; and professional and medical/dental offices. Transit facilities and commuter parking lots are also encouraged in this designation. Within Regional Commercial Nodes, office uses and places of entertainment will be permitted in limited amounts. Hotels may also be permitted through a zoning by-law amendment application. Zoning on individual sites may be for less than the full range of permitted uses. (Amended by Ministry Mod. #13 Dec. 17/09)

4.3.5.3.1 Methadone Clinics and Methadone Pharmacies

Within the Enclosed Regional Commercial Node designation, methadone clinics and methadone pharmacies may be permitted, subject to a zoning by-law amendment and in accordance with the policies under section 6.2.11 of this Plan. (Added by OPA 521)

4.3.5.4. Form

The development of an Enclosed Regional Commercial Node with an enclosed shopping centre focus is encouraged. Free-standing structures developed on the shopping centre site along the street edge are also encouraged. Enclosed Regional Commercial Node designations will comprise lands that are in a nodal configuration, including lands on other quadrants of the intersection of major roads. The extent of the designation shall be subject to the consideration of land use compatibility; vehicular access; pedestrian safety and pedestrian connections; and the integration of development in terms of design, appearance and pedestrian access and vehicle maneuverability between or among sites and other Planning Impact Analysis criteria in Section 4.5. and Section 4.3.10. Comprehensive traffic studies and/or design studies may be required. Any proposal to expand an Enclosed Regional Commercial Node designation across a road or intersection will require an Official Plan amendment and consideration of criteria in Section 4.3.10.

4.3.5.5. Scale

Commercial development within an Enclosed Regional Commercial Node designation shall normally range in size from 50,000 square metres to 120,000 square metres gross floor area. Zoning of individual Enclosed Regional Commercial Nodes will normally be restricted to the existing zoned gross floor area and any expansions to these centres will be subject to a zoning by-law amendment application and to Section 4.3.10. and Section 4.5. of this Plan.

4.3.6.

NEW FORMAT REGIONAL COMMERCIAL NODE

4.3.6.1. Function

New Format Regional Commercial Nodes serve a similar function as Enclosed Regional Commercial Nodes but can have a different form and may be larger in size. They are intended to provide for a wide range of

commercial uses which meet specialized service and comparison shopping needs. These nodes may have a higher concentration of retail uses than the Enclosed Regional Commercial Nodes. New Format Regional Commercial Nodes are also regarded as major activity centres by reason of their size and range of uses, and may have trade areas that also extend beyond the municipal boundary.

4.3.6.2. Location

A New Format Regional Commercial Node shall be located: i)

at the intersection of two arterial roads;

ii) on a site(s) large enough to accommodate all buildings plus parking, loading facilities and measures to provide adequate buffering and setbacks from adjacent residential uses; and iii) on a site which should have good access to public transit service and/or have an on-site transit transfer station.

4.3.6.3. Permitted Uses

Permitted uses including all types of large and smallscale retail outlets; including supermarkets and food stores; department stores; retail warehouses, building supply, and home improvement and furnishings stores; convenience commercial uses; personal services; restaurants; commercial recreation establishments; financial institutions and services; a limited range of automotive services; service-oriented office uses; community facilities, such as libraries; and professional and medical/dental offices. Within New Format Regional Commercial Nodes, office uses and places of entertainment will be permitted in limited amounts. Transit facilities and commuter parking lots are also encouraged in this designation. Hotels may also be permitted through a zoning by-law amendment. Zoning on individual sites may be for less than the full range of permitted uses.

4.3.6.3.1 Methadone Clinics and Methadone Pharmacies

Within the New Format Retail Commercial Node designation, methadone clinics and methadone pharmacies may be permitted, subject to a zoning bylaw amendment and in accordance with the policies under section 6.2.11 of this Plan. (Added by OPA 521)

4.3.6.4. Form

New Format Regional Commercial Nodes typically have a “big-box” or “new-format” form of development and fewer small-scale uses than the Enclosed Regional Commercial designation. There may or may not be public common areas. Free-standing structures along the street frontage should be developed to improve the design of the street edge, provide access to transit stops, encourage pedestrian connectivity with adjacent uses and reduce the visual impact of large open parking lots. While these areas generally serve the traveling public, they should be designed to incorporate public spaces and facilities at central locations. New Format Regional Commercial Node designations should comprise lands that are in a nodal configuration, including lands on other quadrants of major road intersections. However, some existing designations may be in a linear format. Infilling within the designation is permitted but extensions will be evaluated through an application for an Official Plan amendment. Extension of the designation shall be subject to the consideration of land use compatibility; vehicular access; pedestrian safety; integration of development in terms of design, appearance and pedestrian and vehicle maneuverability between or among sites; other Planning Impact Analysis criteria in Section 4.5. and Section 4.3.10. Comprehensive traffic studies and/or design studies may be required. Any proposal to extend a New Format Regional Commercial Node designation across a road or intersection will also require an Official Plan amendment.

4.3.6.5. Scale

Commercial development within a New Format Regional Commercial Node designation shall normally range in size from 35,000 square metres to 130,000 square metres gross floor area. Zoning of individual New Format Regional Commercial Nodes will normally be restricted to the existing zoned gross floor area and any expansions to these centres will be subject to a zoning by-law amendment application and to Section 4.3.10 and Section 4.5. of this Plan

4.3.6.6. Special Policies 1) Southdale Road and

The

Southdale/Wonderland

New

Format

Regional

Wonderland Road

Commercial Node, which extends along Wonderland Road between Southdale Road and the intersection with Bradley Avenue, serves several commercial functions due to its location as a major southern entryway into the City from Provincial Highways 401 and 402. Urban design principles contained in Chapter 11 of this Plan place an emphasis on the promotion of a high standard of design for buildings to be constructed in strategic locations such as major entryways into the City. Recognizing the strategic entryway location of the subject area, an emphasis will be placed on a higher standard of commercial design. The goals and best practices for building design, parking and pedestrian configurations, landscaping and linkages will be addressed through the implementation of the City's Commercial Design Guidelines In order to promote a nodal configuration for commercial uses, development of the lands on the west side of Wonderland Road, south of Southdale Road will be phased. The phasing of commercial development on the subject site, which is 20 hectares in size, will occur in two stages. The first stage of development will occur on the northerly two/thirds of the lands which will be prezoned for commercial development. Proposals to amend the Zoning By-law to consider commercial development for the southern one/third of the lands will only be considered if it can be demonstrated that the proposed use, by reason of its size, configuration or exposure requirements cannot be accommodated within available lands in the northerly two-thirds of the site.

Fanshawe Park Road West/Hyde Park Boundaries

For the purposes of these policies, this node includes lands designated Commercial Policy Area located at 1281-1471 and 1250-1446 Fanshawe Park Road West, lands fronting onto the east side of Hyde Park Road north of the woodlot, and 1890-2090 Hyde Park Road. (OPA 459)

Function

The Fanshawe Park/Hyde Park Road New Format Regional Commercial Node is located at a major gateway into the City from the west and northwest. As a result of this gateway function, it is expected that large-scale retail uses will be attracted to this area.

Permitted Uses

Consistent with the intended function of the node, a broad range of retail, service, community facility and office uses will be permitted within the designation. Zoning on individual sites may not allow for the full range of permitted uses and may limit the size based on the total permitted gross floor area in the node. To allow a mix of uses and control the scale of development, 7000m2 of office gross floor area will be permitted with no more than 4700m2 permitted in any one office building. This office space will be required to locate along the east side of Hyde Park Road on the First London North/Smart Centre lands within 60m (200 ft.) of the road allowance.

Scale and Form

The total gross floor area permitted in the node on the east side of Hyde Park Road will be 122,000mÂ˛ including 115,000m2 of retail commercial uses and 7000m2 of office commercial uses proposed for the east side of Hyde Park Road. If the office building does not develop the office space cannot be reallocated to retail gross floor area. The total retail gross floor area in the node will be comprised of 48,850m2 on the northeast corner, 11,150m2 on the immediate southeast corner on the existing properties and the remaining of 55,000m2 on the balance of lands at the south-east corner of the First London North/Smart Centre lands designated for commercial uses. (OPA 459) Total gross floor area permitted in the node on the west side of Hyde Park Road will be subject to the regulations of the Zoning By-law. (OPA 459)

Phasing

The subject site is located at the fringe of the City and to date some services and roadwork are not available to accommodate the scale of development envisioned by this policy. Additional improvements are required adjacent to the site but also off-site. Significant roadworks will be required to accommodate growth and staging will be required prior to the ultimate development of the site.

Design Guidelines

In addition to the guidance provided by the Urban Design Principles listed in Chapter 11 of the Official Plan, the Council approved Commercial Urban Design Guidelines, and the Hyde Park Urban Design Guidelines, Council is

particularly concerned about the design quality of the street frontages along Hyde Park Road and Fanshawe Park Roads, both major entryways into the City. Issues include, but are not limited to, buildings oriented close to the street, windows on the street and amount of boundary landscaping. (OPA 459) (Section 4.7.1.5 added by OPA NO. 332 - OMB Order 0837 - approved 2005/04/07)

Required Studies

It is anticipated that improvements to Hyde Park Road, including road widening, will occur during the life of this Plan. This will necessitate the requirement for access management measures for lands on the west side of Hyde Park Road and will include measures such as limited, reduced, and/or mutual access onto Hyde Park Road. Prior to the approval of a Zoning By-law amendment to expand the range of uses on lands on the west side of Hyde Park Road, a Transportation Impact Study shall be required to the satisfaction of the City Engineer. (OPA 459)

4.3.7.

COMMUNITY COMMERCIAL NODE

4.3.7.1. Function

Community Commercial Nodes are intended to provide for a wide range of goods and services which are needed on a regular basis. Community Commercial Nodes are smaller in size than Enclosed and New Format Regional Commercial Nodes and there is less emphasis on comparison shopping needs and more emphasis on community specialized services. A supermarket or food store should form an integral part of the node. Their trade areas are subsidiary to the trade areas of Enclosed and New Format Regional Commercial Nodes and primarily consist of the surrounding community which includes a number of neighbourhoods within convenient driving or walking distance.

4.3.7.2. Location

A Community Commercial Node shall be located: i)

at the intersection of two arterial roads or an arterial road and a primary collector road;

ii) centrally, and should be accessible to the community it serves through the provision of

sidewalks and pathways; iii)

substantially separated from other Community Commercial Nodes so that trade areas do not overlap to a significant extent;

iv) on a site(s) large enough to accommodate all buildings plus parking, loading facilities and measures to provide adequate buffering and setbacks from adjacent residential uses; and, v) on a site with good access to public transit service. 4.3.7.3. Permitted Uses

Permitted uses include all types of retail outlets including department stores, home improvement and furnishings stores, supermarkets, food stores and pharmacies; convenience commercial uses; personal services; restaurants; commercial recreation establishments; financial institutions and services; a limited range of automotive services; service-oriented office uses such as real estate, insurance and travel agencies; community facilities, such as libraries or day care centres; professional and medical/dental offices; and commercial and private schools. Within Community Commercial Nodes, office uses and places of entertainment will be permitted in limited amounts. Zoning on individual sites or areas may be for less than the full range of permitted uses. Multi-family, high density residential uses and community facilities may also be permitted in the designation through a zoning by-law amendment application, site plan application and consideration of design features which provide for the proper integration of the two uses.

4.3.7.3.1 Methadone Clinics and Methadone Pharmacies

Within the Community Commercial Node designation, methadone clinics and methadone pharmacies may be permitted, subject to a zoning by-law amendment and in accordance with the policies under section 6.2.11 of this Plan. (Added by OPA 521)

4.3.7.4. Form

Community Commercial Nodes can have either an enclosed shopping centre or a strip plaza focus with either a supermarket or food store as an integral part of the centre. Free-standing structures along the street frontage should be developed to improve the design of the street edge, provide access to transit stops and reduce the visual impact of large open parking lots. A

well defined streetscape and landscaping features are encouraged which should be integrated into the surrounding residential community and promote safe pedestrian access from surrounding streets. Community Commercial Node designations should comprise lands that are in a nodal configuration, including lands on other quadrants of the intersection of major roads. However, some existing designations may be in a linear format. Infilling within the designation is permitted but extensions will be evaluated through an application to amend the Official Plan. Extension of the designation shall be subject to the consideration of land use compatibility; vehicular access; pedestrian safety and priority; the integration of development in terms of design, appearance and pedestrian and vehicle maneuverability between or among sites and other Planning Impact Analysis criteria in Section 4.5. and Section 4.3.10. Comprehensive traffic studies or design studies may also be required. Any proposal to extend a Community Commercial Node designation across a road or intersection will also require an Official Plan amendment.

4.3.7.5. Scale

Commercial development within a Community Commercial Node shall normally range in size from 13,000 m² to 50,000 m² gross floor area. Zoning of individual Community Commercial Nodes will normally be restricted to the existing zoned gross floor area and any expansions to these centres will be subject to a Zoning By-law amendment application and to section 3.10 and Section 4.5 of the Plan.

4.3.7.6. Special Policies 1)

Sunningdale North Planning Area

The following policy applies to lands within the Sunningdale North Area Plan, located generally northwest of the intersection of Richmond Street and Sunningdale Road West. These policies are to be read in conjunction with Section 3.5.16 (Ministry Modification #15 – December 17/09) of this Plan, the Sunningdale North Area Plan which will be adopted as a guideline document under Section 19.2.2. of this Plan, and the associated Concept Plan for the Mixed Use Area which will be adopted as a guideline document under

Section 19.2.2. of this Plan.

Permitted Uses

In general the Community Commercial Node designation within this area is intended to support retail uses of a distinctive character within a lifestyle commercial theme, small to medium scale office uses, and stand alone or mixed-use residential development. Within the Sunningdale North Area Plan, lands designated Community Commercial Node may be developed for a widen range of retail and service uses consistent with those permitted in the Community Commercial Node designation. Automotive service and sales uses will not be permitted. Multi-family, high density and multi-family, medium density residential uses may be permitted. Residential units, above commercial and office units, may also be permitted.

Scale and Form

The scale and form of development within this Community Commercial node will not be guided by policies within the Community Commercial Node designation. Rather, the following scale and form policies will apply. In addition, the Sunningdale North Area Plan and the Concept Plan for the Mixed Use Area will guide the scale and form of retail and service uses within the designation: i)

ii) iii)

iv)

vi) vii)

Office buildings will be permitted up to a medium scale as defined in Section 5.2.4 of this Plan; Total office gross floor area will not exceed 10,000 m²; One primary retail or service use may be permitted up to 5,500 m2; (Ministry Modification #14 – December 17/09) 50% of all commercial floor space, beyond the primary retail use and office uses, will be located within buildings with a maximum gross floor area of 750m²; To ensure that this retail node is functionally supportive of the mainstreet concept and to avoid the development of a traditional big box retail block, 50% of all commercial floor space, beyond the primary retail use and office uses, will be located on the mainstreet corridor; Total retail floor space will not exceed 16,000m²; A minimum of 500 m² of retail and service

uses will directly front the Commons; viii) Total lot coverage of all retail, office and institutional buildings will not exceed 30%; and, ix) All commercial and office uses fronting collector roads and the Village Commons will be a minimum of two storeys in height. Retail buildings will be encouraged to include second storey office, institutional or residential uses. (Subsection vi) added by OPA 354 â&#x20AC;&#x201C; approved April 5, 2005) (Section 4.3.7.6. added by OPA 438 Dec 17/09)

4.3.8.

4.3.8.1. Function

4.3.8.2. Location

4.3.8.3. Permitted Uses

NEIGHBOURHOOD COMMERCIAL NODE

Neighbourhood Commercial Nodes are intended to provide for the daily or weekly convenience shopping and service needs of nearby residents and, to a lesser extent, passing motorists. They should contain uses that are convenience-oriented and unlikely to draw customers from beyond the local area.

Neighbourhood Commercial Nodes should be located; i)

at the intersections of arterial roads, primary collector roads and secondary collector roads;

ii)

on sites close to pedestrian and bicycle pathways and transit services;

iii)

on a site(s) large enough to accommodate all buildings plus parking, loading facilities and measures to provide adequate buffering and setbacks from adjacent residential uses; and,

iv)

on sites with good pedestrian access to the neighbourhood.

Permitted uses include small retail stores; food stores; pharmacies; convenience commercial uses; personal services; financial institutions; service-oriented office uses such as real estate, insurance and travel agencies; community facilities such as libraries or day care centres;

professional and medical/dental offices; small-scale restaurants; commercial recreation establishments; and similar uses that draw customers from a neighbourhoodscale trade area. Residential units above ground floor commercial uses may be allowed. Multi-family high or medium density residential uses may also be permitted through a zoning by-law amendment application, concurrent site plan application and consideration of design features which allow integration of the two uses. Zoning on individual sites or areas may be for less than the full range of permitted uses.

4.3.8.4. Form

Neighbourhood Commercial Nodes generally have a strip plaza focus with a combination of small freestanding uses or small uses in a plaza format but can be applied to a collection of small stores intended to serve the surrounding neighbourhood. Free-standing structures along the street frontage should be developed to improve the design of the street edge, provide access to transit stops and reduce the visual impact of large open parking lots. The design, appearance and scale shall be in harmony with the surrounding residential area with adequate screening and buffering between uses. Parking areas should be carefully designed and shared parking areas should be accommodated where possible. Neighbourhood Commercial Node designations should comprise lands that are in a nodal configuration. Extension of the designation shall be subject to the consideration of land use compatibility; vehicular access; pedestrian safety and priority; the integration of development in terms of design, appearance and pedestrian and vehicle maneuverability between or among sites; other Planning Impact Analysis criteria in Section 4.5. and Section 4.3.10. Comprehensive traffic studies and/or design studies may be required.

4.3.8.5. Scale

Commercial development within a Neighbourhood Commercial Node shall normally range in size from 1,000 square metres to 13,000 square metres gross floor area.

4.3.8.6. Special Policies 1) Springbank Drive

Th The Neighbourhood Commercial Node extending along Springbank Drive, west of the Coves, contains a mix of small-scale retail, service and office uses which are

compatible with the adjacent residential area, as well as some automotive and industrial-type uses which may detract from the amenity of the residential area. In order to minimize the potential for land use conflicts, and to encourage development which will complement the pattern of existing development, the range of permitted uses will be restricted as follows: Lands fronting onto Springbank Drive, west of the Coves, shall be encouraged to develop for a limited range of permitted uses including retail stores, convenience stores, clinics, day care centres, small food stores, small-scale, service-oriented office uses, personal service establishments, eat-in restaurants, institutional uses, studios, financial institutions, automobile service stations, gas bars, existing dwelling units and converted dwellings.

2) Wonderland Road North/Fanshawe Park Road West

Notwithstanding policy 4.3.8.5, additional commercial development may be permitted at the Neighbourhood Commercial Node on the south portion of commercial lands at 751 Fanshawe Park Road West up to a maximum lot frontage of 72 metres, a maximum lot depth of 91.5 metres, and a maximum lot area of 7,572 square metres. (O.P.A. #499)

4.3.9. Multiple Shopping Centres

Where there are multiple shopping centres and/or stores in a designated Commercial Node, Council may permit, without amendment to this Plan, new uses which result in an increase in the size of the Commercial Node above that permitted by the size criteria, if it can be demonstrated that the node will continue to serve its designated function. W

4.3.10. Applications to Add, Expand or Upgrade Commercial Nodes

Where an increase in gross floor area is considered to change the designated function of a Commercial Node, an Official Plan amendment will be required subject to the provisions of Section 4.3.10.

Proposals to add a new Commercial Node, expand a Commercial Node designation, or change the category of an existing Commercial Node to another Commercial Node designation shall require an amendment to the

Official Plan. Minor expansions to existing commercial nodes and/or intensification of existing development may be permitted without amendment to the Official Plan; provided that the intent of the policies are not compromised and the following conditions are met: i)

ii)

iii)

4.3.10.1. General Evaluation Criteria

the proposed expansion or enlargement does not significantly affect the scale, location, form or function or the expanded node; the implementing zoning by-law and site plan address the size and nature of specific uses and the impacts relating to noise, vibration, emissions, lighting, parking and traffic generation resulting from the expansion; and, the neighbouring uses are protected where necessary by provisions for landscaping, buffering or screening, as well as measures to reduce impacts which may be provided through site plan control and zoning provisions.

Major expansions to existing nodes or the creation of new nodal areas will require an amendment to the Official Plan. Council shall encourage infilling and the consolidation of existing commercial nodes and limit the extension or introduction of new nodes. Where new nodes and expansions are proposed, amendments to permit such expansions or new nodes shall be evaluated on the basis of: i)

compliance with the size, function, and form criteria of this Plan for the specific nodal area;

ii)

consideration of traffic impacts through the preparation of a traffic study which identifies and addresses the timing of proposed future road infrastructure improvements relative to the proposed expansion or new area and ensures that there is adequate capacity in the road system to accommodate new commercial development or expansion to existing nodes;

iii)

consideration of noise impacts on abutting sensitive land uses;

iv)

completion of a commercial justification report which addresses the availability of other designated lands to accommodate the uses proposed, the effect of the change in designation on the supply of commercial lands; and to determine the need for new commercial floor space in this area;

submission of an overall design concept and design guidelines;

vi)

consideration of design improvements contained in the Commercial Design Guidelines including enhanced street edge landscaping, street-oriented buildings, limited and joint access and pedestrian connections to the street and transit; conceptual site plan which identifies how the proposed expansion or new area relates to the existing node and surrounding areas with respect to land use, privacy, noise, signage, lighting, appropriate building height, location and height of parking areas and structure, the location and function of delivery routes and bays as well as site access and circulation including pedestrian and transit access and connections; the availability of municipal services to accommodate the proposed use; and, Planning Impact Analysis according to the provisions of Section 4.5.

vii)

viii) ix)

Criteria for Expansion of Shopping Areas Across Intersection

Proposals to amend the Official Plan to extend Commercial Nodes across intersections or roads shall be evaluated on the basis of the Commercial Node policies, and on the following criteria: i) ii)

iii) iv)

all the criteria identified in subsection 4.3.10.1. i) above; the ability to integrate the design, function and road characteristics of the proposed development with the existing Commercial Node; pedestrian accessibility and vehicular access across a road or intersection; and, consideration of design improvements to integrate development across the intersection.

4.4.

COMMERCIAL CORRIDORS

Introduction

The development of lands designated as Commercial Corridor is intended to meet the needs of both pedestrian and vehicular- oriented trade. Main Street Commercial Corridors take the form of either long-established, pedestrian-oriented business districts or mixed-use areas where, through conversion or smallscale redevelopment, there has been a transition from predominantly low density residential housing to a mix of commercial, office and remnant residential uses. The wide range of uses to be permitted, their proximity to established neighbourhoods, and the need to minimize disruption to traffic and neighbouring residential uses necessitate controls on site planning and development scale. The intent of the designation is to provide for the strengthening of these areas for retail, personal service, office, and residential uses through rehabilitation, some redevelopment and the implementation of improvement plans. The Automobile-oriented Commercial Corridor designation caters to, and takes a form of linear commercial strips along major arterial roads consistent with vehicular-oriented trade. Generally sites are larger than those in the Main Street Commercial Corridor designation so opportunities for greater rear yard setbacks from sensitive land uses are easier to implement. Because the sites are generally larger, the uses also tend to be larger. Issues such as street edge aesthetics, co-ordinated access, internal access and outside storage are important in these areas and are dealt with in the Official Plan, zoning by-law, site plan approval process and in the urban design guidelines.

4.4.1.

Introduction

MAIN STREET COMMERCIAL CORRIDOR

Main Street Commercial Corridors take the form of either long-established, pedestrian-oriented business districts or newer mixed-use areas. They have a street-oriented form with buildings close to the street. The street frontages of individual uses are generally of a scale that provides for easier pedestrian movement. They include a broad range of uses, that cater to the adjacent residential neighbourhoods within easy walking distance. These areas also lend themselves to the formation of a

Business Improvement Area. One of the key goals of the Plan is to strengthen these areas by encouraging infilling and redevelopment which conforms to the existing form of development and improves the aesthetics of the business area. Issues addressed through the Zoning By-law, site plan approval process and urban design guidelines include building texture, setback, accessibility and inclusion of common parking facilities. Many of the Main Street Commercial Corridors shall also be recognized as gateway areas to the Downtown and will provide unique attributes and functions that support the Downtown.

4.4.1.1. Planning Objectives

4.4.1.2. Urban Design Objectives

Provide for the redevelopment of vacant, underutilized or dilapidated properties within Main Street Commercial Corridors for one or more of a broad range of permitted uses at a scale which is compatible with adjacent development;

ii)

Encourage development which maintains the scale, setback and character of the existing uses;

iii)

Encourage common parking areas instead of individual access points and individual parking areas; and

iv)

Encourage mixed-use development to achieve higher densities and to reinforce the objectives of achieving a diverse mix of land uses.

Encourage the rehabilitation and renewal of Main Street Commercial Corridors and the enhancement of any distinctive functional or visual characteristics;

ii)

Provide for and enhance the pedestrian nature of the Main Street Commercial Corridor;

iii)

Enhance the street edge by providing for high quality faรงade design, accessible and walkable sidewalks, street furniture and proper lighting;

iv)

Design development to support public transit;

Create high quality public places;

vi)

Maintain and create a strong organizing structure;

vii)

Maintain or create a strong identity and place;

viii)

Maintain the cultural heritage value or interest of listed buildings and ensure through the application of the Commercial Urban Design Guidelines that new development is consistent with the form of existing development; and (Clause viii) amended by Ministry Mod. #16 Dec. 17/09)

ix)

Encourage the transition and connection between the gateway Main Street Commercial Corridors and the Downtown through pedestrian, transit and design linkages.

4.4.1.3. Function

The Main Street Commercial Corridor designation is normally applied to long established, pedestrian-oriented shopping areas in the older parts of the City. This designation may also be applied to new commercial areas provided that a mixed use, street oriented form of development is proposed. Proposals for the creation of new Main Street Commercial Corridors shall be supported by a comprehensive design concept and design guidelines. These areas typically consist of small, separately-owned and managed commercial properties that meet the frequent shopping and service needs of nearby residents or provide specialty shopping for customers from a much larger area. Those Main Street Commercial Corridors adjacent to the Downtown will be regarded as gateway areas and subject to additional policies.

4.4.1.4. Permitted Uses

Permitted uses in Main Street Commercial Corridors include small-scale retail uses; service and repair establishments, food stores; convenience commercial uses; personal and business services; pharmacies; restaurants; financial institutions; small-scale offices; small-scale entertainment uses; galleries; studios; community facilities such as libraries and day care centres, correctional and supervised residences; residential uses (including secondary uses) and units created through the conversion of existing buildings, or

through the development of mixed-use buildings. Zoning on individual sites may not allow the full range of permitted uses. In specified Main Street Commercial Corridors identified in Section 4.4.1.13 the primary and secondary permitted uses and/or other policies relating to the nature and scale of development have been varied to meet specific policy objectives for these areas.

4.4.1.5. Location

The Main Street Commercial Corridor designation is applied to long established commercial areas, primarily along arterial roads, in older parts of the City that mostly consist of small, separately-owned and often pedestrianoriented commercial uses, but may also include a mix of residential, light industrial uses, and community facilities. It is the intent of these policies to strengthen and enhance the existing Main Street Commercial Corridors. Areas designated Main Street Commercial Corridor may be appropriate for the establishment of a Business Improvement Area.

4.4.1.6. Zoning of Heritage Buildings

Within the Main Street Commercial Corridor designation it is recognized that Council, under the policies of Chapter 13, Heritage Resources Policies, may designate listed buildings of cultural heritage value or interest. Notwithstanding the Main Street Commercial Corridor designation, these buildings may be zoned to protect existing structures under provisions of Chapter 13 and the heritage zoning provisions of the Zoning By-law. (Section 4.4.1.6. amended by Ministry Mod. #17 Dec. 17/09)

4.4.1.7. Scale of Development

Redevelopment or infilling of commercial uses within a Main Street Commercial Corridor designation shall form a continuous, pedestrian-oriented shopping area and shall maintain a setback and storefront orientation that is consistent with adjacent uses.

Shopping Centres

New shopping centres developed in a Main Street Commercial Corridor designation shall not normally exceed a Neighbourhood Commercial Node scale of development and shall conform to the storefront setback and urban design criteria identified above.

Office Buildings

ii)

The height and scale of office buildings in a Main

Street Commercial Corridor designation shall be limited through regulations in the Zoning By-law to a size which is compatible with surrounding land uses. Larger office buildings which would be more appropriately located in the Downtown or Office Area designations shall be discouraged within Main Street Commercial Corridors.

Residential Densities

iii)

Residential densities within mixed-use buildings in a Main Street Commercial Corridor designation should be consistent with densities allowed in the Multi-Family, High Density and Medium Density Residential designations according to the provisions of Section 3.4.3. of this Plan.

Form

iv)

Main Street Commercial Corridors are pedestrianoriented and the Zoning By-law may allow new structures to be developed with zero front and side yards to promote a pedestrian streetscape.

4.4.1.8. Mixed Use

4.4.1.9. Urban Design

Development

Residential uses combined with commercial uses or free-standing residential uses will be encouraged in the Main Street Commercial Corridors to promote active street life and movement in those areas beyond the work-day hours. Residential development above existing commercial development should provide maximum privacy between private living spaces as well as adequate separation from commercial activity.

Main Street Commercial Corridors shall be developed and maintained in accordance with the urban design guidelines in Chapter 11, the Commercial Urban Design Guidelines and specific policy areas. Given the diversity of the Main Street Commercial Corridors, separate guidelines for specific areas to include recommendations for the private realm, and the public realm, including streets and open spaces where direct municipal investment can assist in creating more pedestrian and transit friendly environments, may be required. Main Street Commercial Areas should ensure that urban design: i)

provides continuity of the urban fabric;

4.4.1.10. Interpretation of the Boundaries of the Designation

4.4.1.11. Applications to Expand or Add Main Street Commercial Corridor designations

ii)

provides incentives and redevelopment opportunities;

flexibility

for

iii)

protects heritage buildings and landscapes and maintains the diversity of the urban environment;

iv)

provides appropriate building massing and height provisions to ensure main streets define the public spaces in front of and in between buildings.

provides for architectural guidelines to enable greater influence on building elevations, entrances and materials;

vi)

provides for signage policies and regulations that are sensitive to the main street environment; and

vii)

provides guidelines with strong direction on the provision of landspacing and streetscaping, open spaces and on-street parking as elements of the public realm.

Because of the generality of the Official Plan designation applied to Schedule â&#x20AC;&#x153;Aâ&#x20AC;? (Land Use) of the Official Plan and the narrow interface between the Main Street Commercial Corridor designation and abutting residential designations, the designation only applies to properties which have frontage onto roads which meet the locational criteria above and does not apply to properties which have locations on side streets. A zoning by-law amendment and concurrent site plan application is required to allow adjacent properties to be added to augment existing commercial sites within the designation. There are substantial opportunities for infilling and redevelopment within many of the designated Main Street Commercial Corridors. Nevertheless, it is recognized that over the life of this plan there may be proposals to expand or add to these areas. Minor expansions to and infill within Main Street Commercial Corridors may be permitted without amendment to the Official Plan, provided that the intent of the policies are not compromised and the following conditions are met: i) the proposed expansion or enlargement or infill

does not significantly affect the scale, location, form or function or the Main Street Commercial Corridor; ii)

the implementing zoning by-law and site plan address the size and nature of the uses and development; and,

iii)

the expansion or infill is well integrated with the surrounding uses.

Proposals to amend the Official Plan to expand or add a Main Street Commercial Corridor designation shall be evaluated on the basis of: i)

Compliance with the scale, function, and form criteria of this Plan;

ii)

ability to integrate residential uses for mixed use developments;

iii)

ability to comply with the urban design guidelines;

iv) the availability of municipal services including transportation infrastructure to accommodate the proposed use; and, v)

4.4.1.12. Main Street Commercial Corridor Improvement

Improvement Measures

Planning Impact Analysis according to the provisions of Section 4.5.

Improvements to the function and appearance of Main Street Commercial Corridors and the enhancement of any distinctive characteristics or visual attributes shall be encouraged.

Council may consider support for the following improvement measures: (a)

Co-operative efforts by property owners and merchants to create common offstreet parking lots in areas that are now under-supplied with parking;

(b)

the formation of Business Improvement Areas and the preparation of plans for the upgrading of streetscapes and other publicly owned lands;

(c)

(d)

the designation of all, or parts of Main Street Commercial Corridors as Community Improvement Project Areas and the use of senior and local government assistance programs to promote building rehabilitation, heritage building enhancement and retention, streetscaping and servicing improvements, and the creation of new residential units; and, the preparation of area studies, where necessary, to address problems related to pedestrian and vehicular circulation, the integration of new development, and the impact of development in the designation on adjacent residential areas.

4.4.1.13. Specific Main Street Commercial Corridors

The provisions of the following section apply to specific Main Street Commercial Corridors where specific policies are required to provide further guidance to development in these areas.

4.4.1.13.1. Richmond Street

Richmond Street, between the Downtown and Oxford Street, shall develop as a mixed-use area with retail stores, commercial recreation establishments, restaurants and personal services at street level. Mixeduse projects that include street level commercial uses appropriate to a pedestrian-oriented shopping area will be encouraged. This area is distinguished from the other Main Street Commercial Corridors with regard to the scale of new office and residential development that is permitted and that it acts as a gateway to the Downtown from the north. (Clause i) amended by OPA No. 95 - approved by MMAH 98/06/25)

The maximum permitted height of new development shall be stepped down from the Downtown boundary at Kent Street to Central Avenue and then will be allowed to increase between Mill Street and Oxford Street. The Zoning By-law will specify height limits on a block- by-block basis in keeping with this policy.

ii)

Office uses within mixed-use buildings may be developed at a larger height and gross

floor area than otherwise intended for the Main Street Commercial Corridor designation. (Clause i) amended by OPA No. 95 â&#x20AC;&#x201C; approved by MMAH 98/06/25)

(iii)

4.4.1.13.2. Old East Village (Ministry Modification #18 â&#x20AC;&#x201C; December 17/09)

Special urban design features will be encouraged at the interface with the Downtown at Kent Street.

The Old East Village Corridor is located along Dundas Street between Charlotte Street and Adelaide Street. Historically, this area has served as a commercial focal point for the surrounding neighbourhood which was once the Town of East London. While the role of the corridor has diminished since the 1980's, it is the intent of this Plan to encourage the revitalization of this corridor. A Community Improvement Plan has been prepared for the corridor, pursuant to Chapter 14 of this Plan. (OPA No. 373 - 2005/11/07)

The corridor's heritage building stock is a key asset and the protection, enhancement and celebration of significant heritage structures will be encouraged through all of the revitalization activities that are initiated. The corridor is not homogeneous. Existing conditions and future goals for the corridor differ considerably from district to district and, accordingly, area-specific policies have been established for four separate segments along the corridor: the Village Core; the Village Annex; the Area of Transition and Redevelopment; and the Entertainment and Recreation District. i)

The Village Core:

The Village Core extends from Adelaide Street to Lyle Street on the south side of Dundas Street and from Adelaide Street to the Palace Theatre on the north side of Dundas Street. This portion of the Old East Village corridor will primarily serve as a pedestrian-oriented commercial district. The heritage building stock and a continuous street frontage are key assets of the Village Core, and zoning will be established to support the retention of these assets. Demolition of important buildings on the streetscape will be actively discouraged. Development of a scale which exceeds the existing built form in the Village Core will require a zoning amendment and such amendments will only be permitted where the proposed development supports a continuous

commercial streetscape and incorporates buildings which are important to the streetscape. Applications for rezoning to support large scale development will be required to show how the proposed development represents a "good fit" within the streetscape recognizing scale, massing, architectural character, storefront characteristics and other design considerations. New, at-grade parking lots will be prohibited fronting Dundas Street, uses which disrupt the continuity of the commercial corridor at street level will be discouraged. Residential uses will be permitted on the ground floor at the rear of buildings and above street grade in existing and new structures. Other uses will be supported at grade which contribute to a continuous pedestrian-oriented commercial streetscape. Municipal parking behind the existing streetscape is one of the assets supporting revitalization of the Village Core. Such parking is vital to support access to the corridor by visitors outside of the immediate community. Sufficient parking supply will be considered on a long term basis, accounting for the needs of a revitalized corridor in the future. ii)

The Village Annex:

The Village Annex extends from the eastern edge of the Village Core to Rectory Street on the south side of Dundas Street and 812 Dundas Street on the north side and includes the lands north of King Street, south of Dundas Street, east of Lyle Street and west of Hewitt Street. (Amended by Ministry Mod. #19 Dec. 17/09)

This area is currently characterized by an interrupted commercial streetscape, interspersed with residential buildings, parking lots and non-commercial uses. Through sensitive infill development, the restriction of additional parking facilities with a Dundas Street orientation, and the preservation and maintenance of key buildings that currently exist along the corridor, the Village Annex will serve as a pedestrian connector linking the Village Core and the Entertainment and Recreation Zone. To this end, new development shall be encouraged to facilitate a continuous building streetscape with active frontages. Development densities provided for in the District will serve to assist in the realization of a critical mass of residential development supportive of the corridor. Development shall be effectively integrated and sensitive

to the scale and massing of the existing built environment. Proposals exceeding the existing built form must also have consideration of the pedestrian environment. Demolition of important buildings on the streetscape will be actively discouraged within the Village Annex. The former Town Hall, Aeolian Hall, for London East is located within the Village Annex. This heritage building provides a symbolic tie to the community's rich history and serves as a key focal point for revitalization of the Old East Village. It is important to retain this significant heritage building. iii)

The Area of Transition and Redevelopment:

The Area of Transition and Redevelopment extends from the eastern edge of the Village Annex to Egerton Street on the south side of Dundas Street and to Charlotte Street on the north side of Dundas Street. (OPA No. 373 2005/11/07)

While this area does include some high quality buildings which strongly relate to the corridor, the Area of Transition and Redevelopment includes large gaps in the streetscape created by parking lots, major institutional uses, office uses, light industrial uses, autooriented commercial uses, and residential buildings. Given the length of the entire corridor extending from Adelaide Street, this district is not currently considered a viable part of a continuous pedestrian commercial streetscape. Furthermore, its existing form does not support such a function unless there is significant redevelopment. This plan supports the transition of this area to provide for a mix of uses. Unlike other segments of the corridor, development in the Area of Transition will not be required to support a pedestrian-orientation. The Area of Transition and Redevelopment will be pre-zoned to allow for medium and large scale development such as multi-family housing and mixed use development. Demolition of important buildings on the streetscape will be actively discouraged through the application of sitespecific, lower intensity zoning that will remain in place until such time as a zoning amendment is approved concurrently with a development agreement. iv)

Entertainment and Recreation Zone

Consistent with Policy 6.2.2.ii) of this Plan, the Western

Fair will serve as the critical anchor of activity for the Entertainment and Recreation Zone. Wherever possible, physical linkages will be established to encourage a flow of activity between the Fairgrounds and the Old East Village Corridor. Structures developed on the Fairgrounds will be encouraged to be designed such that they have street presence and orientation toward Dundas Street. Queens Park is an important asset along the Corridor, providing a natural setting for various recreational activities within a highly urbanized setting. A portion of Queens Park will be accessible to the community at all times, while another portion of the park may exclude public access during Western Fair events. This dual function will be supported by a complimentary park design for Queens Park as it is improved over time. (Clause ii) amended by OPA No. 95 - approved by MMAH 98/06/25) (Clause ii) amended by OPA No. 339 and replaced by a new Clause ii) approved 04/11/01) (Clause ii) amended by OPA NO. 360 - approved June 13, 2005

4.4.1.13.3. Wortley Road

4.4.1.13.4. Hyde Park

The Main Street Commercial Corridor extending along Wortley Road, a secondary collector road, between Elmwood and Craig Streets, shall be encouraged to develop for a mix of small-scale specialty retail shops, food stores, business and personal services, and office uses. It is intended that residential densities within mixeduse buildings should not exceed a multi-family, medium density residential scale of development. The Main Street Commercial Corridor extending along Gainsborough Road and Hyde Park Road in the Hamlet of Hyde Park is currently comprised of a mixture of pedestrian and auto-oriented commercial uses. It is the long term intent of the Official Plan policies to foster and encourage the development of a pedestrian/streetoriented commercial area for Hyde Park similar to Richmond Row. This development will be guided by the Official Plan policies, by urban design guidelines included in the Hyde Park Community Plan and other guidelines/standards prepared by the City and/or Business Association. When Hyde Park Road and Gainsborough Road are widened some on-street parking in off-peak periods may be permitted, however, over time as traffic volumes increase, on-street parking may be restricted or removed and the businesses should plan for individual and/or grouped parking facilities.

4.4.1.13.5. Hamilton Road

The commercial area along Hamilton Road and Horton Street contains a mix of pedestrian-oriented and autooriented commercial uses, as well as pockets of predominantly low density residential development. In order to minimize the potential for land use conflicts, and to encourage development which will complement the pattern of existing development, the range of permitted uses will be restricted in the following areas: Lands fronting onto Hamilton Road, between Adelaide Street and Redan Street; Trafalgar Street and Elm Street; and Delaware Street and Giles Street; shall be encouraged to develop for a limited range of permitted uses including small-scale retail stores, food stores, financial institutions, small-scale restaurants, clinics, convenience stores, community facilities such as day care centres and churches, funeral homes, offices, personal service establishments, studios, singledetached dwellings, semi-detached dwellings, duplex dwellings, triplex dwellings, converted dwellings, townhouses and apartment buildings. Over time, it is desirable to encourage infilling and redevelopment of existing vehicle-oriented uses to strengthen existing pedestrian-oriented use nodes which serve the abutting residential neighbourhoods. Particular attention will be paid to the interface between new development and the abutting residential community. Regulations in the Zoning By-law, site plan standards and urban design guidelines will be used to implement the policies. The Plan does, however, recognize existing vehicle-oriented uses and can allow for their replacement by other similar uses.

4.4.1.13.6. Adelaide Street

The commercial area extending along Adelaide Street, between Oxford Street and Queens Avenue, contains a mix of commercial, office and service uses, as well as pockets of less intensive uses, including low density residential development. In order to minimize the potential for land use conflicts and to encourage new uses which will complement the pattern of existing development, the range of permitted uses will be restricted in the following areas: Lands fronting on the east side of Adelaide Street, between Central Avenue and Princess Avenue, and between Dufferin Avenue and Queens Avenue; and on the west side of Adelaide Street, between Central Avenue and Queens Avenue; shall be encouraged to develop for a limited range of permitted uses including small-scale retail stores and restaurants, clinics,

convenience stores, community facilities such as day care centres and churches, funeral homes, studios, offices, personal service establishments, single detached dwellings, semi-detached dwellings, duplex dwellings, triplex dwellings, converted dwellings, townhouses and apartment buildings. Over time, it is desirable to encourage infilling and redevelopment of existing vehicle-oriented uses to strengthen existing pedestrian-oriented use nodes which serve the abutting residential neighbourhoods. Particular attention will be paid to the interface between new development and the abutting residential community. Regulations in the Zoning By-law, site plan standards and urban design guidelines will be used to implement the policies. The Plan does, however, recognize existing vehicle-oriented uses and can allow for their replacement by other similar uses. 4.4.1.13.7. Th The designation along Wharncliffe Road is characterized Wharncliffe Road between Horton by a wide mix of commercial uses on the west side of Street and Emery Street the road and a mix of residential and Road commercial uses on the east side of Wharncliffe Road. It is a policy of the Plan to permit commercial uses in this area which can be appropriately buffered from adjacent residential areas. In order to minimize the potential for land use conflicts, and to encourage new uses which will complement the pattern of existing development, the range of permitted uses will be restricted in the following areas: a) Lands fronting onto the east side of Wharncliffe Road, between Emery Street and Horton Street, shall contain a more limited range of permitted uses including existing dwellings, converted dwellings, small-scale specialty retail shops, funeral homes, financial institutions, small-scale offices, office conversions, convenience commercial uses, studios, eat-in restaurants, personal and business services, community facilities, and repair shops. Over time, it is desirable to encourage infilling and redevelopment of existing vehicle-oriented uses to strengthen existing pedestrian-oriented use nodes which serve the abutting residential neighbourhoods. Particular attention will be paid to the interface between new development and the abutting residential community. Regulations in the Zoning By-law, site plan standards and urban design guidelines will be used to implement the policies. The Plan does, however, recognize existing

vehicle-oriented uses and can replacement by other similar uses.

allow

for

their

4.4.2.

AUTO-ORIENTED COMMERCIAL CORRIDOR

Introduction

Areas designated Auto-Oriented Commercial Corridor provide locations for a broad range of commercial uses that, for the most part, are not suited to locations within Commercial Nodes or Main Street Commercial Corridors because of their building form, site area, access or exposure requirements. Generally, permitted uses cater to vehicular traffic and single purpose shopping trips. Depending on the nature of the use, customers are drawn from passing traffic or a wide-ranging market area. Auto-Oriented Commercial Corridors, while providing for a limited amount of retail use, are not intended to accommodate retail activities that are more appropriately located in the Downtown, Commercial Nodes, or Main Street Commercial Corridor designations. Policies contained in this Section of the Plan describe the function, permitted uses, location and development form for the designation One of the key goals of the Plan is to improve the aesthetics of these commercial corridors which are normally located on arterial roads which serve as major entryways into the City. Issues addressed through the Zoning By-law, site plan approval process and urban design guidelines include street edge landscaping, internal access, joint access and multi-use integration and design.

4.4.2.1. Planning Objectives

4.4.2.2. Urban Design Objectives

4.4.2.3. Function

Promote the grouping of service commercial uses into integrated forms of development that have common access points and parking facilities.

ii)

Encourage infilling and consolidation of permitted areas within the existing limits of commercial corridor developments.

Encourage enhanced street edge landscaping, internal and joint access to multiple uses on the same or different properties and improved building aesthetics.

The Auto-Oriented Commercial Corridor designation is applied to areas along arterial roads that typically consist

of a mix of retail, auto and commercial uses, office and remnant residential uses. The intent of the policies is to promote the clustering of similar service commercial uses having similar functional characteristics and requirements, and to avoid the extension of strip commercial development. The form of development is oriented toward automobiles and vehicular traffic and serves both a local and broader market area. 4.4.2.4. Permitted Uses

Areas designated Auto-Oriented Commercial Corridor are primarily intended for commercial uses that cater to the commercial needs of the traveling public. Types of service commercial uses that generate significant amounts of traffic and draw patrons from a wide area may also be located within these areas. These uses have limited opportunity to locate within Commercial Nodes or Main Street Commercial Corridors by reason of their building form, site area, location, access or exposure requirements; or have associated nuisance impacts that lessen their suitability for a location near residential areas. Uses considered to be appropriate include hotels; motels; automotive uses and services; commercial recreation establishments; restaurants; sale of seasonal produce; building supply outlets and hardware stores; furniture and home furnishings stores; warehouse and wholesale outlets; nursery and garden stores; animal hospitals or boarding kennels; and other types of commercial uses that offer a service to the traveling public. Zoning on individual sites may not allow the full range of permitted uses. Light industrial uses which have ancillary retail, wholesale or service functions; construction and trade outlets; repair, service and rental establishments; service trades; assembly halls and private clubs or similar types of uses that require large, open or enclosed display or storage areas; and service commercial uses which may create potential nuisance impacts on adjacent land uses may be permitted at certain locations subject to Provincial regulations. (Clause i) amended by OPA No. 95 - approved by MMAH 98/06/25)

Secondary uses which serve employees of adjacent employment areas including eat-in restaurants; financial institutions; personal services; convenience commercial

uses; a limited amount and range of retail uses; day care centres; medical and dental offices and clinics; and offices associated with wholesale warehouse or construction and trade outlets, and similar support offices may also be permitted in appropriate locations. (Clause ii) amended by OPA No. 95 - approved by MMAH 98/06/25)

4.4.2.4.1 Methadone Clinics and Methadone Pharmacies

Within the Auto-oriented Commercial designation, methadone clinics and methadone pharmacies may be permitted, subject to a zoning by-law amendment and in accordance with the policies under section 6.2.11 of this Plan. (Added by OPA 521)

4.4.2.5. Location

The Auto-Oriented Commercial Corridor designation will be applied to areas along arterial roads where high traffic volumes are present and where services to the traveling public can be concentrated and supported. The designation shall include lands of suitable depth, size and accessibility to accommodate the permitted uses and shall be on lands separated from existing or planned residential development or other sensitive land uses by physical barriers, intervening land uses or buffer and setback provisions that are sufficient to offset potential nuisance impacts. The designation may also be applied in areas which are situated on arterial or primary collector roads adjacent to or on the perimeter of industrial areas. The creation of small isolated Auto-Oriented Commercial Corridor designations shall be discouraged so that service commercial uses are not unnecessarily dispersed throughout the City. A coordinated approach to the development of these areas shall be encouraged. Proposals to amend the Official Plan to allow the creation of new designations or the major extension of existing designations may be required to include a concept plan for the integration of access points, parking areas, landscaping, setbacks, and other buffering measures on the subject lands and on adjacent properties that may be appropriate for service commercial development.

4.4.2.6. Form

The development of new permitted uses within the designation may take the form of infilling, redevelopment

or the conversion of existing structures. Auto-Oriented Commercial Corridors vary considerably in their mix of existing uses, lot sizes and scale of development. The following policies will guide the form of development in these areas.

4.4.2.6.1. Minimum Lot Frontage, Site Area and Depth

The Zoning By-law will contain minimum lot frontage, site area and depth requirements so as to direct any future development to sites which can accommodate appropriate setbacks, on-site parking and landscaped areas. Substantial site area and frontage requirements may be applied through the Zoning By-law to provide for the development of large sites to accommodate singlepurpose, free-standing buildings, or to require the clustering of smaller uses in an integrated form with common driveways and parking areas.

4.4.2.6.2. Combined Access

In keeping with the policies on road access in this Plan, the integration of new commercial uses to provide common parking areas and driveways shall be encouraged. Access points to arterial roads shall be limited to the minimum number necessary for the functioning of a proposed commercial use. Access points will be controlled to minimize disruption to traffic flow and may also be limited through requirements for common driveways and access between sites. Where there is a large area of undeveloped commercial land located on an arterial road, consideration may also be given to the creation of a service road to provide access for future development. These types of measures may be implemented through site plan control, subdivision approval, or a Road Access By-law.

4.4.2.6.3. Access onto Side Streets

Where possible, vehicular access will be oriented to the main arterial road. Where access from a side street is necessary, appropriate measures will be employed through site plan approval process to minimize negative impacts on adjacent residential properties.

4.4.2.6.4. Buffering

Requirements for rear yard setbacks, buffer strips, privacy screening and other appropriate measures to buffer new development from

adjacent residential areas shall be applied through the Zoning By-law and site plan control process.

4.4.2.6.5. Height

The Auto-Oriented Commercial Corridor designation shall have a low-rise development form. The height restrictions for these areas will be detailed in the Zoning By-law.

4.4.2.6.6. Shopping Centres

It is not intended that large-scale shopping centtres be located in the Auto-Oriented Commercial Corridor designation as these facilities should be directed to Enclosed Regional, New Format Regional and Community Commercial Nodes. Small shopping centres may be developed to accommodate secondary permitted uses which serve employees of the adjacent employment areas. Such centres will be limited to a size range which is consistent with that of shopping centres permitted under the Neighbourhood Commercial Node designation.

4.4.2.6.7. Office Buildings

The height and scale of office buildings in the designation shall be limited through regulations in the Zoning By-law to a size which is compatible with surrounding land uses and which does not exceed a neighbourhood scale of development, approximately 2000mÂ˛ in size. The Zoning By-law will limit floor areas for individual office uses in keeping with the intent that large office uses be located within the Downtown or Office Area designations.

4.4.2.6.8. Site Planning

Where Auto-Oriented Commercial Corridor designations are adjacent to existing or planned residential development or other sensitive land uses, restrictions on outdoor storage and garbage storage, and requirements for substantial setbacks, landscaped strips, screening, and other measures to buffer the commercial or office uses may be required through the Zoning By-law or the site plan approval process. Site plan control may also be used to achieve a consistent approach to the positioning of buildings and the design of site plans.

4.4.2.7 Interpretation of the Boundaries of the Designation

Because of the generality of the Official Plan designation applied to Schedule â&#x20AC;&#x153;Aâ&#x20AC;? (Land Use) of the Official Plan and the often narrow interface between the Auto-Oriented Commercial Corridor designation and abutting designations, the designation only applies to properties which have frontage onto roads which meet the locational criteria above and does not apply to properties which have locations on side streets. A zoning by-law amendment and site plan application is required to allow adjacent properties to be added to

augment existing commercial sites on the arterial road.

4.4.2.8. Urban Design

Commercial Corridors should be developed and maintained in accordance with the general urban design principles in Chapter 11 and in accordance with the Commercial Urban Design Guidelines, Specific Commercial Corridors may also provide for specific design guidelines. Urban design within the Commercial Corridors should: i)

display a high standard of design of buildings, their massing, siting, exterior access and public areas;

ii)

provide a high standard of separation from residential areas where there are conflicts between uses to ensure safety;

iii)

provide for strictly controlled vehicular access points onto arterial and collector roads;

iv)

maintain, where possible, uniform setbacks to the street;

provide for coordinated design of signage, street furniture, lighting and landscaping and ensure appropriate lighting adjacent to residential areas; and,

vi)

provide convenient, attractive and safe pedestrian and transit access.

4.4.2.9. Applications to Expand or Add Auto-Oriented Commercial Corridors

The lands designed Auto-Oriented Commercial Corridor as shown on Schedule â&#x20AC;&#x153;Aâ&#x20AC;? (Land Use) are widely distributed and include areas that can accommodate infilling and redevelopment. It is recognized, however that as the availability of land within these areas is reduced, there may be proposals to expand or add designations or add permitted uses. The expansion or extension of existing Commercial Corridors and/or the creation of new Commercial Corridor designations should be discouraged. Proposals to amend the Official Plan and/or Zoning By-law to expand or add a designation shall lbe evaluated on the basis of:

4.4.2.9.1. Criteria

Compliance with the appropriate policies on form, function, permitted use, location, and scale of development.;

4.4.2.9.2. Size of Development

ii)

The Auto-Oriented Commercial Corridor designation will not

be applied on a site specific or small area basis;

4.4.2.9.3. Servicing

iii)

The availability of municipal services to accommodate the proposed use;

4.4.2.9.4. Alternative Lands

iv)

The availability of alternative undeveloped lands within the general vicinity that may be appropriate for the proposed use. Where a new designation could result in a substantial addition to the Cityâ&#x20AC;&#x2122;s commercial floor area, full justification for this addition must be provided; existing pre-designated and pre-zoned opportunities must be considered in this justification, including reasonable opportunities for redevelopment and retrofit of the existing commercial stock;

4.4.2.9.5. Planning Impact Analysis 4.4.2.10. Improvements to AutoOriented Commercial Corridors

Planning Impact Analysis according to the provisions of Section 4.5.

4.4.2.11. Specific Auto-Oriented Commercial Corridors 1) Horton Street Corridor West

2) Dundas Street Corridor Boundaries

Function

Improvements to the function and appearance of existing strip commercial development shall be encouraged. Area studies, as described in policy 19.2.1., may be prepared for existing service commercial strips to address matters such as roadway improvements, sign control measures, landscaping and setback requirements, and land use compatibility issues.

The provisions of the following Section apply to specific AutoOriented Commercial Corridors where specific policies are required to provide guidance for development In addition to the permitted uses, the area bounded by Horton Street on the south, Richmond Street on the east, the Thames River on the west and the rail lines on the north, may also be developed for uses allowed in the Light Industrial designation, other than hotels and motels, as described in Section 7.3.1. and Section 7.3.2. To avoid land use compatibility and transportation problems, and to provide for a form of development that is appropriate for a Downtown fringe area, proposals for the development of new light industrial uses will require an amendment to the Zoning By-law. Zoning By-law amendments will be evaluated on the basis of a Planning Impact Analysis as described in Section 4.5.

For the purpose of these policies, the Dundas Street Corridor is defined as lands on Schedule "A" ( Land Use), generally fronting Dundas Street between Highbury Avenue and Clarke Road. The Dundas Street Corridor is an established commercial strip which

developed because Dundas Street is a major gateway to the City of London from the east. A broad range of commercial uses have been developed along this Corridor, most on shallow lots abutting residential neighbourhoods. There are some larger properties within the corridor. It is intended that the Official Plan will recognize the Dundas Corridor as a unique commercial district which will continue to accommodate this broad range of commercial uses on lot sizes which are generally smaller than normally required. Permitted Uses

A full range of retail uses, such as, hotels, motels, personal service uses, community facilities, restaurants, automotive uses and offices will be permitted. Large-scale retail uses, such as automobile sales, home improvement establishments, building supply and hardware stores and restricted automotive services may also be permitted in appropriate locations. The Zoning By-law will consider the appropriateness of uses on specific sites or areas based on lot sizes, compatibility and traffic impacts as well as other criteria set out in Section 4.5 ( Planning Impact Analysis).

Wellington Road Corridor

Boundaries

Function

For the purpose of these policies, the Wellington Road Corridor is defined as lands identified on Schedule "A" (Land Use), generally fronting onto the west side of Wellington Road between Southdale Road and Bradley Avenue. The Wellington Road Corridor is intended to remain as part of a major regional commercial centre in the City of London. The Corridor's role as a gateway to the City from Highway 401 contributes to its excellent accessibility and strong attraction as a regional centre. As a result of this regional role, it is expected that large-scale retail uses will be attracted to the area. Council does not intend that the Wellington Road Corridor will rival the Downtown as the primary business, office, cultural and administrative centre for the City.

Permitted Uses

Consistent with the intended function of the Wellington Road Corridor, a broad range of retail and service commercial uses will be permitted within this designation. The full range of uses permitted in the Community Commercial Node designation will be permitted. Uses that may have large amounts of outside storage, or may pose potential noise, odour or visual impacts, or may interrupt the commercial continuity of the Wellington Road Corridor, will not be permitted. Small to medium scale offices will be permitted in appropriate locations through site specific zoning. Zoning on individual sites may not allow for a full range of permitted uses.

Design Guidelines

In addition to the guidance provided by the Urban Design Principles listed in Chapter 11 of this Plan, Council may develop specific design guidelines for the Wellington Road Corridor.

4) York Street Corridor Between Maitland Street and William Street

In addition to the permitted uses described in Section 4.4.2.4 of this Plan, the lands located on the south side of York Street, between Maitland Street and William Street, may also permit small scale Service Office uses up to a maximum gross floor area of 2,000 m2. (OPA #511)

4.5. 4.5.1. Purpose

4.5.2. Scope of Planning Impact Analysis

PLANNING IMPACT ANALYSIS Planning Impact Analysis will be used to evaluate applications for an Official Plan amendment and/or Zoning By-law amendment, to determine the appropriateness of a proposed change in land use, and to identify ways of reducing any adverse impacts on surrounding land uses. Planning Impact Analysis is intended to document the criteria reviewed by municipal staff through the application review process to assess an application for change. Depending upon the situation, other criteria may also be considered.

Planning Impact Analysis will be undertaken by municipal staff and will provide for participation by the public, in accordance with the provisions for Official Plan amendments and/or zoning by-law amendment applications as specified in Section 19.12. of this Plan. Proposals for changes in the use of land which require the application of Planning Impact Analysis will be evaluated on the basis of criteria relevant to the proposed change. Other criteria may be considered through the Planning Impact Analysis to assist in the evaluation of the proposed change. The criteria that will be considered include: i)

the policies contained in the Section relating to the requested designation;

ii)

compatibility of proposed uses with surrounding land uses, and the likely impact of the proposed development on present and future land uses in the area;

iii)

the size and shape of the parcel of land on which a proposal is to be located, and the ability of the site to accommodate the intensity of the proposed uses;

iv)

the supply of vacant land or vacant buildings in the area which is designated and/or zoned for the proposed uses;

the potential traffic generated by the proposed change, considering the most intense land uses that could be permitted by such a change, and the likely impact of this additional traffic on City streets, pedestrian and vehicular safety, and on surrounding properties;

vi)

the height, location and spacing of any buildings in the

proposed development, and any potential impacts on surrounding land uses;

4.5.3. Information Required

4.6. General Servicing Provision for Commercial Land Use

vii)

the location of vehicular access points and their compliance with the City's road access policies and Site Plan Control By-law, and the likely impact of traffic generated by the proposal on City streets, on pedestrian and vehicular safety, and on surrounding properties;

viii)

where adjacent to sites under separate ownership, access and traffic circulation should be co-ordinated:

ix)

the exterior design in terms of bulk, scale, and layout of buildings, and the integration of these uses with present and future land uses in the area and its conformity with the Cityâ&#x20AC;&#x2122;s commercial urban design guidelines;

the potential impact of the proposed development on surrounding natural features and heritage resources;

xi)

xii)

compliance of the proposed development with the provisions of the City's Official Plan, Zoning By-law, Site Plan Control By-law, and Sign Control By-law;

xiii)

compliance with Ministry of the Environment (MOE) noise guidelines; and,

xiv)

measures planned by the applicant to mitigate any adverse impacts on surrounding land uses and streets which have been identified as part of the Planning Impact Analysis.

xv)

impacts of the proposed change on the planned transportation system, including transit.

An applicant for a proposed change in land use may be required to provide information and details on the development and its likely impacts, for the purpose of assisting the City in undertaking Planning Impact Analysis. Development within commercial land use designations will occur on full municipal services. Notwithstanding this intent, Council may permit lands designated for commercial use before they were

Designations

annexed to the City of London on January 1, 1993, to develop on an individual, on-site wastewater treatment system subject to: i)

the policies of Section 17.2 which limit uses to those of a "dry" nature; and,

ii)

lands subject to this policy shall be placed in a holding zone limiting the range of permitted uses to uses of a "dry" nature until such time as municipal services are available and the holding provision is lifted.

(Sec. 4.2. to 4.6. deleted and replaced by OPA 438 Dec. 17/09) (Sec. 4.7 deleted by OPA 438)

4.8.

PLANNING IMPACT ANALYSIS

4.8.1. Purpose

4.8.2. Scope of Planning Impact Analysis

Planning Impact Analysis will be undertaken by municipal staff and will provide for participation by the public, in accordance with the provisions for Official Plan amendments and/or zone change applications as specified in Section 19.12. of this Plan. Proposals for changes in the use of land which require the application of Planning Impact Analysis will be evaluated on the basis of criteria relevant to the proposed change.

General Proposals

Where an Official Plan amendment and/or zone change application is for a general change in land use and does not relate to a specific development proposal, or where site specific information on the future development of the site is not required, all or some of the following criteria may be considered: (a)

compatibility of proposed uses with surrounding land uses, and the likely impact of the proposed development on present and future land uses in the area;

(b)

the size and shape of the parcel of land on which a proposal is to be located, and the ability of the site to accommodate the intensity of the proposed uses;

(c)

the supply of vacant land or vacant buildings in the area which is designated and/or zoned for the proposed uses; and

(d)

the potential traffic generated by the proposed change, considering the most intense land uses that could be

permitted by such a change, and the likely impact of this additional traffic on City streets, pedestrian and vehicular safety, and on surrounding properties. Site Specific Proposals

ii)

Where an Official Plan amendment and/or zone change is for a specific development proposal, or where more site specific and detailed information on the type and nature of future development is required, all or some of the following criteria may be considered: (a)

all of the criteria listed in policy 4.8.2. i) of the Plan;

(b)

the height, location and spacing of any buildings in the proposed development, and any potential impacts on surrounding land uses;

(c)

the location of vehicular access points and their compliance with the City's road access policies and Site Plan Control Bylaw, and the likely impact of traffic generated by the proposal on City streets, on pedestrian and vehicular safety, and on surrounding properties;

(d)

the exterior design in terms of bulk, scale, and layout of buildings, and the integration of these uses with present and future land uses in the area;

(e)

the potential impact of the proposed development on surrounding natural features and heritage resources;

(f)

(g)

compliance of the proposed development with the provisions of the City's Official Plan, Zoning By-law, Site Plan Control By-law, and Sign Control By-law; and

(h)

measures planned by the applicant to mitigate any adverse impacts on surrounding land uses and streets which have been identified as part of the Planning Impact Analysis.

4.8.3. Information Required

4.9.

GENERAL SERVICING PROVISION FOR COMMERCIAL LAND USE DESIGNATIONS Development within Commercial land use designations will occur on full municipal services. Notwithstanding this intent, Council may permit lands

designated for commercial use before they were annexed to the City of London on January 1, 1993, to develop on an individual, on-site wastewater treatment system subject to: i)

the policies of Section 17.2 which limit uses to those of a "dry" nature; and

ii)

4.10 Drive-Through Facilities

Drive-through facilities are normally associated with restaurants, financial institutions, convenience stores, automobile services stations and a limited range of retail uses, and are normally located in auto-oriented commercial designations. Drive-through facilities are permitted in commercial land uses designations other than Downtown and Business District Commercial through a zoning by-law amendment and/or site plan application, subject to the application of urban design guidelines. Urban design guidelines will address such issues as built form and streetscape, pedestrian circulation, vehicular access and parking, landscaping and signage. Particular attending shall be given to site which abut residential uses. Within the pedestrian-oriented downtown and Business District Commercial land uses designations, zoning by-law amendments for new drive-through facilities will not be permitted by the Official Plan at locations where they would interfere with the intended function and form of these designations. Proposals for new drive-through facilities with the Downtown and Business District Commercial land use designations will be subject to concurrent applications for a zoning by-law amendment and site plan approval. Such applications will only be considered for approval in circumstances where the location, design and function of the drive-through facility maintains the intent of the Official Plan, does not interfere with the continuity and character of the streetscape, does not have a negative impact on the pedestrian orientation of the land use designation, and where pedestrian movement into and through the site can be maintained. Additional matters to be addressed may include the nature of surrounding uses, the specific location of the site within the Downtown or Business District Commercial land use designation, proximity to heritage resources, and opportunities for the integration of the drive through facility with other uses within the development. (OPA #444)

OFFICE LAND USE DESIGNATIONS INTRODUCTION The Office land use designations provide for the development of purposedesigned office buildings, office conversions, and mixed office/residential buildings at appropriate locations. The intent of these designations is to allow for choice in the location and cost of office space while maintaining the Downtown as the primary office employment area in the City and as the preferred location for major office developments. Limited forms of office development are also allowed in other Commercial designations and under the Industrial and Residential land use policies; however, these provisions are not intended to accommodate the type and scale of general office development that may be appropriate at selected locations outside of the Downtown. There are two types of Office land use designations. Lands designated "Office Area", which are located along major roads in various parts of the City, may be developed for stand-alone office uses and office conversions. "Office/Residential" areas, which are located near the Downtown, may be developed for mixed office/residential uses and office conversions. In creating separate Office designations and allowing some suburban office development, it is recognized that such development may have an impact on the demand for office space in the Downtown. For this reason, the policies limit the scale and form of office development in the Office designations. Where an Official Plan and/or Zoning By-law amendment is required, consideration will be given to the impact of the office development on the projected office space demand for both the Downtown and the City.

5.1.

OBJECTIVES FOR OFFICE DESIGNATIONS

5.1.1.

GENERAL OBJECTIVES FOR ALL OFFICE DESIGNATIONS i)

Provide for choice in the location and cost of office space while maintaining the Downtown as the primary office employment area in the City.

ii)

Encourage the maintenance and preservation of buildings and/or areas considered by Council to be of cultural heritage value or interest to the community. (Clause ii) modified by Ministry Mod. #20 Dec. 17/09) (Clause iii) deleted by OP 438 Dec. 17/09)

5.1.2.

OFFICE AREA OBJECTIVES i)

Accommodate small and medium-scale office uses within purposedesigned office buildings at appropriate locations.

ii)

Encourage the development of high quality office buildings which are compatible with surrounding land uses.

iii)

5.1.3.

5.2.

Accommodate general office development along major roads which serve as entryways to the City.

OFFICE/RESIDENTIAL OBJECTIVES i)

Promote office/residential projects, in areas adjacent to the Downtown, which will serve as a buffer between more intense commercial development and nearby residential neighbourhoods.

ii)

Accommodate office development at a limited scale in areas adjacent to the Downtown.

iii)

Maintain a continuity of pedestrian-oriented uses at street level through the development of office uses on the lower levels of office/residential buildings.

OFFICE AREAS Locations designated as Office Areas provide for the development of general office uses in small- to medium-scale office buildings. It is intended that Office Areas will provide alternative locations for office uses outside of the Downtown, and increase employment opportunities in different parts of the City. Limitations are placed on the scale of development in keeping with the intent that the Downtown should be the primary office employment area in the City. As part of the consideration of proposals to designate new areas for office development, it is expected that Council will have regard for any impacts that such development would have on demand for office space in the Downtown.

5.2.1. Function

The Office Area designation is intended to accommodate general office uses which would not normally locate in the Downtown, or which have specific location requirements that make a location outside of the Downtown desirable. The amount and scale of development in Office Areas will be controlled to protect the Downtown's role as the primary office employment area in the City.

5.2.2. Permitted UsesOffice Areas

The main permitted use within the Office Area designation shall be offices within purpose-designed office buildings, and buildings converted for office use. Secondary uses which may be permitted as accessory to offices include eat-in restaurants; financial institutions; personal services; day care centres; pharmacies; laboratories; and clinics. The Zoning By-law will regulate the size of secondary uses individually and relative to the total floor area of the building, and may restrict the range of uses permitted on individual sites.

Zoning of Heritage Buildings

Within the Office Area designation it is recognized that Council, under the policies of Chapter 13, Heritage Resources Policies, may designate buildings of architectural and/or historical significance. Notwithstanding the Office Area designation, these buildings may be zoned to permit only the existing structures under the provisions

of Chapter 13 and the provisions for heritage zoning in the Zoning By-law. Drive-through Facilities

ii)

Proposals to add new drive-through facilities shall require an amendment to the Zoning By-law, and consideration of the matters identified in Section 4.10 (Drive Through Facilities). (OPA 444 passed 2008/07/22)

5.2.2.1 Methadone Clinics and Methadone Pharmacies

Within the Office Area designation, methadone clinics and methadone pharmacies may be permitted, subject to a zoning by-law amendment and in accordance with the policies under section 6.2.11 of this Plan. (Added by

5.2.3. Location Criteria

All of the following criteria will be considered when evaluating a site for an Office Area designation:

5.2.4. Scale of Development

OPA 521)

The site must have frontage or flankage on an arterial road, primarily those which serve as major entryways to the City;

ii)

The site should be adjacent to activity nodes such as Community Shopping Area, Regional Shopping Area and Regional Facility designations;

iii)

The site must be located such that it could be efficiently serviced by transit.

Office buildings in Office Area designations shall be low to medium rise in height, and of a scale that will minimize the impact on, and can be integrated with, surrounding uses. Office buildings shall be permitted up to a medium scale in the Office Area designation. The Zoning By-law will control the scale of development through building height, lot coverage, floor area, and setback regulations. For the purpose of this Plan, office development of less than 2,000 square metres (21,529 sq.ft.) gross floor area will normally be considered “small scale”, and office development between 2,000 square metres (21,529 sq.ft.) and 5,000 square metres (53,921 sq.ft.) gross floor area will normally be considered “medium scale”. (OPA #506)

5.2.5. Form and Design

It is intended that development in Office Area designations shall maintain a nodal form through the clustering of small and medium scale office buildings. Notwithstanding this intent, individual office buildings may also be recognized. It is also intended that the design of development within Office Areas shall provide a high level of aesthetics and visual prominence, particularly where located on major entryways to the City.

5.2.6. Applications to Expand or Add Office Areas

Office Area designations shown on Schedule "A" - the Land Use Map, generally apply to areas of existing office development with some opportunity for the infilling or redevelopment of new uses. It is intended that new Office Area designations should be considered through the Official Plan amendment process in response to development proposals. Proposals for new Office Area designations will be evaluated on the basis of:

Demand

The total projected demand for office space in the City and the likely impact of the proposed development on the demand for office space in the Downtown.

Supply

ii)

The supply of vacant land or vacant buildings in the City which are zoned for office use.

Economic Opportunities

iii)

The potential economic opportunities to be gained from providing a broader range of office types and locations in the City.

Compatibility

iv)

The compatibility of the proposed office development with surrounding land uses.

Criteria

Compliance with the appropriate policies or permitted uses, location, scale, and form of development.

Municipal Services

vi)

The availability of municipal services to accommodate the proposed use.

Planning Impact Analysis

vii)

Planning Impact Analysis, according to the provisions of Section 5.4.

5.3.

OFFICE/RESIDENTIAL AREAS Office/Residential designations will be located near the Downtown. These mixed-use developments are intended to serve as transition areas between more intensive commercial developments in the Downtown, and nearby residential neighbourhoods or other sensitive land uses. Office uses in apartment buildings are to be located on the lower floor levels to provide a continuity of pedestrian-oriented land uses at street level.

5.3.1. Permitted Uses

The main permitted uses in the Office/Residential designation shall be offices and residential uses within mixed-use buildings or complexes; apartments; small scale stand alone offices and office conversions. Secondary uses which may be permitted as an accessory use include personal services; financial institutions; convenience stores; day care centres; pharmacies; laboratories; clinics; studios; and emergency care establishments. In addition, eat-in restaurants may be permitted through an amendment to the Zoning By-Law, subject to the Planning Impact Analysis as described in Section 5.4., to determine, among other things, whether the use can be integrated with minimal impact on surrounding areas. The Zoning By-law may restrict the range of uses permitted on individual sites, and will regulate the size of eat-in restaurants and other

secondary uses. (Section 5.3.1. Amended by OPA 226, approved 01/09/04)

Zoning of Heritage Buildings

Within the Office/Residential designation it is recognized that Council, under the policies of Chapter 13, Heritage Resources Policies, may designate buildings of architectural and/or historical significance. Notwithstanding the Office/Residential designation, these buildings may be zoned to permit only the existing uses under provisions of Chapter 13 and the provisions for heritage zoning in the Zoning Bylaw.

Drive-through Facilities

ii)

5.3.2. Location

The preferred locations for the Office/Residential designation are those areas adjacent to the Downtown which abut arterial or primary collector roads and which can accommodate mixed-use development with minimal impact on surrounding low density residential uses.

5.3.3. Scale and Form of Development

The Zoning By-law shall contain height and site coverage requirements that will provide for a transition between the densities and heights permitted in the Downtown, and the lower densities and heights in established residential neighbourhoods surrounding the Downtown.

Mix or Uses

Office uses are generally not expected to comprise more than the two lower floors of an office/apartment building. The floor area specifications for office uses will be detailed in the Zoning By-law.

Height and Density

ii)

Residential densities and height shall be similar to densities and height allowed within the Multi-Family, High Density Residential designation. The Zoning By-law shall specify maximum densities and height, based on the nature and scale of adjacent land uses, and the minimum proportion of a building floor area which must be devoted to residential use.

Small Scale and Stand Alone Offices

iii)

Small scale stand alone offices are generally limited to a height of two storeys. Floor area specifications and height limitations will be detailed in the Zoning By-law. (Subsection 5.3.3. iii) Added by OPA 226, approved 01/10/05)

5.3.4. Applications to Expand or Add Office/ Residential Areas Compatibility

It is intended that new Office/Residential areas should be designated at locations that are adjacent to, or in close proximity to the Downtown. Proposals for new Office/Residential designations will be evaluated on the basis of:

The compatibility of the proposed office/residential development

with surrounding land uses. Criteria

ii)

Compliance with the appropriate policies on permitted uses, location, scale and form of development.

Municipal Services

iii)

The availability of municipal services to accommodate the proposed use.

Planning Impact Analysis

iv)

Planning Impact Analysis, according to the provisions of Section 5.4.

5.4.

PLANNING IMPACT ANALYSIS

5.4.1. Purpose

Planning Impact Analysis will be used to evaluate applications for an Official Plan amendment and/or zone change, to determine the appropriateness of a proposed change in land use, and to identify ways of reducing any adverse impacts on surrounding land uses. Planning Impact Analysis is intended to document the majority of criteria reviewed by municipal staff through the application review process to assess an application for change. Depending upon the situation, other criteria may also be considered. (Sec. 5.4.1. deleted and replaced by OPA 438 Dec. 17/09)

5.4.2. Scope of Planning Impact Analysis

Planning Impact Analysis will be undertaken by municipal staff and will provide for participation by the public, in accordance with the provisions for Official Plan amendments and/or zone change applications as specified in Section 19.12. of this Plan. Proposals for change in the use of land which require the application of Planning Impact Analysis will be evaluated on the basis of criteria relevant to the proposed change. Other criteria may be considered through the Planning Impact Analysis to assist in the evaluation of the proposed change. (Sec. 5.4.2. amended by OPA 438 Dec. 17/09)

General Proposals

Where an Official Plan amendment and/or zone change application is for a general change in land use and does not relate to a specific development proposal or where site specific information on the future development of the site is not required, all or some of the following criteria may be considered: (a)

compatibility of proposed uses with surrounding land uses, and the likely impact of the proposed development on present and future land uses in the area;

(b)

the size and shape of the parcel of land on which a proposal is to be located, and the ability of the site to accommodate the intensity of the proposed use; and

(c)

the supply of vacant land or vacant buildings in the area which are designated and/or zoned for the proposed

use; (d)

(e)

impact of the proposed change on the transportation system, including transit. (Clauses (d) and (e) added by OPA 438 Dec. 17/09)

Site Specific Proposals

ii)

Where an Official Plan amendment and/or zone change is for a specific development proposal or where more site specific and detailed information on the type and nature of future development is required, all or some of the following criteria may be considered: (a)

all of the criteria listed in policy 5.4.1. i) of the Plan; (Clause (a) amended by OPA 438 Dec. 17/09)

(b)

the height, location and spacing of any buildings in the proposed development, and any potential impacts on surrounding land uses;

(c)

(d)

the exterior design in terms of bulk, scale, and layout of buildings, and the integration of these uses with present and future land uses in the area;

(e)

the potential impact of the development on surrounding natural features and heritage resources;

(f)

(g)

compliance of the proposed development with the provisions of the City's Official Plan and Zoning By-law, Site Plan Control By-law, and Sign Control By-law; and

(h)

measures planned by the applicant to mitigate any adverse impacts on surrounding land uses and streets

which have been identified as part of the Planning Impact Analysis. 5.4.3. Information Required

An applicant for a proposed change in land use may be required to provide information and details on the development its likely impacts, for the purposed of assisting the City in undertaking Planning Impact Analysis.

REGIONAL AND COMMUNITY FACILITIES DESIGNATIONS INTRODUCTION The Regional and Community Facilities land use designations provide the primary locations for uses which satisfy the health, education and other service needs of area residents. These facilities take many forms, ranging in size from a university campus to a neighbourhood health clinic. Many of these facilities are located in developed areas and in some cases encroach and impact on established residential areas. Some of the other land use designations also permit institutional type uses. Facilities in these designations are normally smaller in scale and have less impact on surrounding land uses than the types of uses permitted in the Regional and Community Facilities land use designations. Examples include elementary and secondary schools, branch libraries and fire stations. Two land use designations, Regional Facilities and Community Facilities, have been delineated on Schedule "A" - the Land Use Map. The distinctions between the two categories are based on the scale of the facility, the size of the area to be served and their compatibility with other uses. The Regional and Community Facilities designations are primarily intended for publicly-owned, institutional uses, but may also include a limited range of private institutional facilities.

6.1.

OBJECTIVES FOR REGIONAL AND COMMUNITY FACILITIES LAND USE DESIGNATIONS It is intended that the development and use of areas designated Regional and Community Facilities shall be directed towards the following objectives:

6.2.

Provide lands at appropriate locations to meet the expected growth of Regional and Community Facilities in the City over the life of the Plan.

ii)

Provide for secondary land uses which are associated with Regional and Community Facilities in areas which have a high level of accessibility, and where the impact on surrounding land uses can be minimized.

iii)

Minimize any adverse impacts from new Regional and Community Facilities, or the expansion of existing Regional and Community Facilities, on neighbouring residential areas.

REGIONAL AND COMMUNITY FACILITIES The Regional Facilities designation is intended to provide for a wide range of large institutional uses which serve the regional area. The policies for Regional Facilities recognize existing institutional uses and provide for the

expansion or addition of existing or new regional facilities. Policies are included to guide the location and development of regional facilities so as to reduce the impact on neighbouring land use designations. The Community Facilities designation provides for a wide range of smaller, less intensive institutional uses which serve either community or local neighbourhood needs. The policies for Community Facilities recognize existing institutional uses and provide for the expansion or addition of new community facilities. The policies for Community Facilities provide for a number of alternative locations for these uses, recognizing the lower intensity compared to Regional Facilities. In some cases Community Facilities may be appropriate adjacent to, or within, single family residential neighbourhoods. Policies are included to minimize any impacts which may arise from a mixing of the Community Facilities designation and other land uses. 6.2.1. Functional Categories of Regional and Community Facilities

The purpose of the Regional and Community Facilities policies is to promote the orderly development and distribution of institutional type facilities and to minimize any impacts that these facilities may have on adjacent land uses. Two categories of institutional type facilities are identified in this Plan. The "Regional Facilities" and "Community Facilities" designations are shown on Schedule "A" - the Land Use Map. Policies contained in this Section of the Plan describe the function, location, permitted uses and development criteria that are applicable to these designations.

Regional Facilities

The Regional Facilities designation is primarily intended to provide for large institutional type facilities which service a regional function. Such uses include health care, correctional, educational, religious, military and major recreational and cultural facilities. Regional Facilities generally are limited in number, have service areas which extend beyond municipal boundaries, and attract large numbers of people on a regular basis. These facilities, by reason of their size, normally comprise major employment and activity centres in the City.

Community Facilities

ii)

The Community Facilities designation is intended to include institutional type uses which provide a city-wide or community service function. These uses include social and health services which are intended to meet both the day-to-day needs and the long-term care requirements of City residents. Community Facilities generally occupy smaller sites than uses in the Regional Facilities designation. The intent of this designation is to identify appropriate locations for community facilities and to minimize any potential impacts on adjacent land uses.

6.2.2. Permitted Uses

Regional and Community Facilities designations shall be developed for institutional type uses which may be supported by a range of permitted secondary uses. Specific ranges of permitted uses for the two designations will be determined on the basis of the following guidelines:

Regional Facilities

Permitted uses include hospitals; universities; community colleges; major recreational facilities; cultural facilities; large religious institutions; military establishments; and correctional or detention centres. Uses permitted in the Community Facilities designation will also be permitted in the Regional Facilities designation. Zoning on individual sites may not allow for the full range of permitted uses.

Western Fairgrounds

ii)

The Western Fair Association represents a unique Regional Facility that has served a support function for the agricultural industry, industrial community and the citizens of London and area for over 100 years. Recreational and entertainment uses relevant to the Western Fair Association's roots have long existed on the Fairgrounds and have expanded in range and size over time. It is expected that this entertainment component will continue to grow in a positive way to complement both the Fairgrounds and the Downtown Area. In addition to the range of uses permitted in the Regional Facilities designation, theatres, cinemas and places of entertainment that are consistent with the Western Fair Association's historic roots and long term Strategic Plans will be permitted at the Western Fairgrounds. Such uses will not detract from the ability of the Downtown Area to serve as a primary entertainment destination place. (Clause ii) added by OPA No. 95 - OMB Order 1596 - Approved 98/06/25)

Community Facilities

iii)

Permitted uses include residential care facilities such as nursing homes, rest homes, and homes for the aged; health clinics; chronic care facilities which provide continuous medical supervisions for patients with a chronic illness or disability; continuum-of-care developments which provide a range of accommodations, from independent residential units for seniors to chronic care facilities, in the same complex; correctional and supervised residences, subject to the provisions of policy 6.2.10.; and emergency care establishments which provide temporary, emergency accommodation and assistance for a short term period. Community facilities which are allowed in the Residential designations, such as community centres; day care centres; churches; elementary and secondary schools; branch libraries; fire stations; and police stations and similar public uses are also permitted in the Community Facilities designation. Zoning on individual sites may not allow for the full range of permitted uses.

6.2.3. Associated Secondary Uses

A limited range of secondary uses which are functionally associated with, or intended to serve, the needs of the main facility in a Regional or Community Facilities designation, and which do not detract from the development or function of the area, may be permitted. The secondary uses for each designation will be determined on the basis of their association with the main permitted use and on the basis of the following guidelines: (Sec 6.2.3. amended by OPA 438 Dec. 17/09)

Regional Facilities

Associated secondary uses include small convenience retail stores, such as variety stores and gift shops; personal service uses; financial institutions; and eat-in restaurants or cafeterias. Residential uses, apartment hotels and offices which are associated with the Regional Facility are also permitted.

Community Facilities

ii)

Associated secondary uses include personal service uses located in the same building as the main permitted use. The Community Facilities designation provides for a more limited range of secondary uses than the Regional Facilities designation because sites are generally smaller with greater potential for impacts on surrounding land uses.

6.2.4. Location

All lands designated Regional and Community Facilities shall be located on, and have access to, an arterial or primary collector road, with the following exceptions:

Residential Care Facilities and Health Care Clinics

Residential care facilities and health care clinics may be located on secondary collector or local streets provided that the use is compatible with surrounding land uses and will not result in a substantial increase in traffic on local streets in low density residential areas, or pose a hazard to pedestrian safety.

Emergency Care Establishments

ii)

Emergency care establishments may be located on any city street provided that the use is compatible with surrounding land uses.

Secondary Plans

iii)

Where deemed necessary by Council, the determination of appropriate locations for Regional and Community Facilities may be based on an area study as outline in Section 6.4.

6.2.5. Scale of Development

Community Facilities shall be developed at a scale which is compatible with surrounding land uses. Appropriate height, site coverage, and setback restrictions to provide for this compatibility shall be contained in the Zoning By-law.

6.2.6. Parking

Regional and Community Facilities shall be encouraged to provide adequate on-site parking according to standards contained in the Zoning By-law. To encourage compatibility with surrounding land uses, parking facilities shall also be adequately screened from the street and from adjacent residential areas by appropriate landscaping, fences, or other means.

Off-Site Parking

6.2.7. Existing Uses

Where sites cannot accommodate all parking requirements for a facility, off-site parking may be permitted where Council deems that it will not have an adverse impact on adjacent land uses or where an secondary plan has been approved which guides the location of off-site parking facilities.

Existing Regional and Community Facilities, and associated secondary uses which do not meet the location, scale or compatibility criteria, may be recognized as a permitted use in the Regional Facilities or Community

Facilities designations. 6.2.8. Applications to Expand or Add Regional or Community Facilities Designations

Proposals to add or expand the area of a Regional or Community Facility shall require an amendment to the Official Plan. Proposals to amend the Official Plan shall be evaluated on the basis of:

Compatibility

The compatibility of the proposed development with surrounding land uses.

Criteria

ii)

Compliance with the appropriate policies on permitted uses, location and scale criteria.

Access to Public Transit

iii)

Proximity of the site to public transit or the ease of providing access to public transit through the extension of existing transit routes.

Municipal Services

iv)

The availability of municipal services to accommodate the proposed use.

Planning Impact Analysis

Planning Impact Analysis according to the provisions of Section 6.3.

Secondary Plan

vi)

The possible need for an area study to consider the potential impact that a proposed expansion or development of a regional or community facility may have on present and future land uses.

6.2.9. Closing or Change of Use of Regional Facilities

Because of the large land area and potential impact associated with Regional Facility uses, where changes to the existing uses are contemplated, a secondary plan may be required to assess the compatibility of the proposed use with the surrounding area.

6.2.10. Correctional and Supervised Residences

Correction and Supervised Residences are, for the purposes of this Plan, regarded as an institutional type of use. The preferred location for these residences are in the Regional Facilities and Community Facilities designations; however, subject to site and location criteria, they may also be permitted as a secondary use in the Arterial Mixed-Use District; along arterial roads in the Multi-Family, Medium Density Residential and MultiFamily, High Density Residential designations; in the Downtown Area; in the Business Districts; and, in the Office/Residential designation adjacent to the Downtown Area.

As-of-Right Zoning for Correctional and Supervised

As-of-right zoning for correctional and supervised residences will be allowed in the Regional Facilities and Community Facilities designations; in Arterial Mixed-Use Districts; in the London East and Wellington Road Business Districts; in some Office/Residential designations; and in Downtown Area. The locations of correctional

and supervised residences in the other designations where this use is permitted will be subject to a zone change. Separation Distances

ii)

In order to prevent concentrations of correctional and supervised residences in specific areas of the municipality, zoning regulations will require a minimum separation distance between these facilities.

6.2.11 Methadone Clinics and Methadone Pharmacies

Methadone maintenance treatment represents an important facet of health care delivery within the City of London. In general, methadone clinics are those clinics and medical offices that are used for the prescription and/or dispensing of methadone as more than an ancillary activity. Methadone pharmacies are those pharmacies that dispense methadone as more than an ancillary activity. The Zoning By-law will define these uses more precisely. (OPA 521)

Land Use Planning Goals

Two primary goals will guide land use planning for methadone clinics and methadone pharmacies:

Permitted Locations

Plan for these uses in locations that best meet the needs of those who use methadone clinics and methadone pharmacies;

ii.

Minimize the potential for land use conflicts that can be generated by methadone clinics or methadone pharmacies.

Zoning to allow for methadone clinics and methadone pharmacies will only be permitted in the following Official Plan designations, subject to meeting the goals, evaluation criteria, requirements and Planning Impact Analysis policies of this Plan: i. ii. iii. iv. v. vi.

Evaluation Criteria for Required Zoning By-law Amendment

Regional Facility; Enclosed Regional Commercial Node; New Format Retail Commercial Node; Community Commercial Node; Auto-oriented Commercial; and, Office Area.

Zoning to allow for methadone clinics and methadone pharmacies shall be established through a zoning by-law amendment to allow for a full community consultation process. Zoning amendments to permit methadone clinic and methadone pharmacy uses will only be allowed where all of the following criteria are met: i. Sites must be well served by public transit; ii. Property boundaries for proposed methadone clinics and methadone pharmacies must be a minimum of 300m from any elementary or secondary school property; iii. Property boundaries for proposed methadone clinics and methadone pharmacies must be a minimum of 300m from any municipal library, municipal pool, municipal arena or the Western Fairgrounds; iv. Sites must be large enough to accommodate parking requirements;

v. Planning Impact Analysis policies of this Plan will apply. Zoning By-law Requirements

The Zoning By-law will identify standards for new and expanded methadone clinics and methadone pharmacies to ensure: i. Adequate automobile parking; ii. Adequate bicycle parking facilities; and iii. Adequate waiting room floor areas.

Public Site Plan Requirements

The Zoning By-law will require that all proposals for new and expanded methadone clinics and methadone pharmacies will be subject to a Public site plan process. The integration of Crime Prevention Through Environmental Design (CPTED) principles and the discrete location of clinic entrances will be considered, in balance with other relevant site plan considerations, through the site plan review process.

6.3.

PLANNING IMPACT ANALYSIS

6.3.1. Purpose

Planning Impact Analysis will be used to evaluate applications for an Official Plan amendment and/or zone change, to determine the appropriateness of a proposed change in land use, and to identify ways of reducing any adverse impacts on surrounding land uses. Planning Impact Analysis is intended to document the criteria reviewed by municipal staff through the application review process to assess an application for change. Depending upon the situation, other criteria may also be considered. (Sec. 6.3.1. deleted and replaced by OPA 438 Dec. 17/09)

6.3.2. Scope of Planning Impact Analysis

Planning Impact Analysis will be undertaken by municipal staff and will provide for participation by the public, in accordance with the provisions for Official Plan amendment and/or zone change applications as specified in Section 19.12. of this Plan. Proposals for changes in the use of land which require the application of Planning Impact Analysis will be evaluated on the basis of criteria relevant to the proposed change. Other criteria may be considered through the Planning Impact Analysis to assist in the evaluation of the proposed change. (Sec. 6.3.2. amended by OPA 438 Dec. 18/09)

General Proposals

Where an Official Plan amendment and/or zone change application is for a general change in land use and does not relate to specific development proposal, or where site specific information on the future development of the site is not required, all or some of the following criteria may be considered: (a)

compatibility of proposed uses with surrounding land uses, and the likely impact of the proposed development on present and future land uses in the area; and

(b)

the size and shape of the parcel of land on which a proposal is to be located, and the ability of the site to accommodate the intensity of the proposed use;

(c)

the supply of vacant land or vacant buildings in the area which is designated and/or zoned for the proposed uses;

(d)

(e)

impacts of the proposed change on the transportation system including transit. (Clauses (c), (d) and (e) added by OPA 438 Dec. 17/09)

Site Specific Proposals

ii)

Where an Official Plan amendment and/or zone change is for a specific development proposal, or where more site specific and detailed information on the type and nature of future development is required, all, or some, of the following criteria may be considered: (a)

all of the criteria listed in policy 6.3.1. i) of the Plan;

(b)

the height, location and spacing of any buildings in the proposed development, and any potential impacts on surrounding land uses;

(c)

(d)

the exterior design in terms of bulk, scale, and layout of buildings, and the integration of these uses with present and future land uses in the area;

(e)

the potential impact of the development on surrounding natural features and heritage resources;

(f)

(g)

compliance of the proposed development with the provisions of the City's Official Plan and Zoning By-law,

Site Plan Control By-law, and Sign Control By-law; and (h)

measures planned by the applicant to mitigate any adverse impacts on surrounding land uses and streets which have been identified as part of the Planning Impact Analysis.

6.3.3. Information Required

An applicant for a proposed change in land use may be required to provide information and details on the development and its likely impacts, for the purposes of assisting the City in undertaking Planning Impact Analysis.

6.4.

REGIONAL AND COMMUNITY FACILITY SECONDARY PLANS

(OPA

#476)

6.4.1. Purpose

Regional and Community Facility Area studies may be prepared, to assist in the implementation of the policies of this Section of the Plan and to provide guidance for the evaluation of development proposals for Regional and Community Facilities. These Secondary Plans may be used as the basis for the adoption of a Secondary Plan in accordance with the provisions of policy 19.2.1. (OPA #476)

6.4.2. Scope of Regional and Community Facility Area Studies Impact on Surrounding Uses

Secondary plans prepared in conjunction with a development proposal for a Regional and Community Facilities designation shall have regard for the following matters:

The likely impact that the proposed facility will have on surrounding land uses and the likely pressures for higher intensity land uses around the facility.

Parking

ii)

The ability of the area to accommodate parking from the proposed facility.

Road Capacity

iii)

The capacity of the road network to accommodate the proposed facility.

Pedestrian Movement

iv)

Pedestrian movement to and from the facility and in the area, and possible improvements to public works to assist pedestrian movement.

Municipal Services

The availability of municipal services to accommodate the proposed facility.

Open Space

vi)

The amount and location of open space in the area which can serve the proposed facility.

Heritage Resources

vii)

The presence of buildings of architectural and/or historical significance which should be protected in the development of the proposed facility.

Official Plan, Zoning Provisions

viii)

Current Official Plan and Zoning By-law provisions applicable to the area which could be affected by the proposed facility.

INDUSTRIAL LAND USE DESIGNATIONS INTRODUCTION The objectives and policies of this Chapter are intended to provide guidance for the future development of industrial land use within London. In order to recognize the needs of existing and future industry and to address concerns over land use compatibility, industrial land uses in the Plan are separated into three categories: General Industrial, Light Industrial, and Office Business Park. These categories are differentiated on the basis of the range of main permitted uses or industrial processes, the potential impacts such uses or processes would have on adjacent areas, and the scale and intensity of development allowed. The intent of this Plan is to group industrial uses so as to maximize their compatibility and minimize any negative impacts on nearby residential or other sensitive land uses.

7.1.

INDUSTRIAL OBJECTIVES It is intended that the following objectives will provide direction for the industrial land use policies, and will assist in achieving the level and type of industrial activity desired.

7.1.1.

OBJECTIVES FOR ALL INDUSTRIAL DESIGNATIONS i)

Designate sufficient industrial land to accommodate the growth anticipated during the planning period, including an adequate supply of available serviced land and an allowance for sufficient choice in terms of location, size of properties, and servicing requirements.

ii)

Promote an aesthetically pleasing form of development along major road and rail entrances to the City.

iii)

Minimize any potentially adverse impacts development on surrounding land uses.

iv)

Encourage industrial uses to locate in industrial parks.

Encourage an efficient utilization of land within industrial areas.

vi)

Support the implementation of the City of London Economic Development Strategy.

from

industrial

(Clause vi) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

7.1.2.

GENERAL INDUSTRIAL OBJECTIVES i)

Promote a broad industrial base in the City through the provision of a choice of locations, lot sizes, services, and road and rail access corridors, in order to accommodate a wide range of industrial uses.

ii)

7.1.3.

7.1.4.

7.1.5.

Provide appropriate locations for industrial uses which have characteristics that may not be compatible with other land uses.

LIGHT INDUSTRIAL OBJECTIVES i)

Provide for the development and use of industrial lands for a range of activities which are likely to have a minimal impact on surrounding uses.

ii)

Guide the development of older industrial areas in close proximity to residential neighbourhoods for industries which can meet appropriate operation, design and scale criteria.

OFFICE BUSINESS PARK OBJECTIVES i)

Provide opportunities for a limited range of industrial and office uses that are appropriate for a prestigious park-like setting.

ii)

Develop office business parks that will provide appropriate locations for industries in the fields of research, advanced technology, and applied medicine.

EXISTING INDUSTRIAL AREAS OBJECTIVES i)

Recognize older, viable inner-city industrial areas, and provide for their continuation and improvement.

ii)

Provide opportunities within existing industrial areas for the introduction of new industries that are compatible with existing and surrounding land uses.

iii)

Encourage the rehabilitation or replacement of functionally obsolete industrial buildings, and the relocation of incompatible uses to more appropriate locations.

iv)

In order to maintain an adequate supply of lands designated for industrial development, the conversion of lands for non-industrial purposes may only be permitted through a comprehensive review where it has been demonstrated that the lands are not required for industrial purposes over the long term, and that there is a need for the conversion of the lands. (Clause (iv) added by OPA 438 Dec. 17/09)

7.2.

GENERAL INDUSTRIAL This land use category is intended for a broad range of industrial uses including activities that could have a detrimental impact on residential or other uses. For this reason, the General Industrial designation is, for the most part, intended to apply to areas which are appropriately separated from residential areas. This designation is also applied to certain older industrial areas located adjacent to residential uses. Policies provide for

the control of development in these areas to minimize potential adverse impacts. 7.2.1. Main Permitted Uses

Main permitted uses in the General Industrial category include: any industrial use that included assembling, fabricating, manufacturing, processing, and repairing activities; service trades; public and private utilities and related facilities; large storage facilities, such as wholesale and warehouse establishments, contractors yards, transportation terminals, and heavy equipment sales and service; and residential and other source recycling facilities, subject to policy 7.5.3. which are ancillary to the above uses are also allowed. Zoning on individual sites may not allow for the full range of permitted uses. (Subsection 7.2.1 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Subsection 7.2.1. further amended by OPA 296 approved 04/06/22)

7.2.2. Uses Permitted by Site Specific Zoning

In addition to the uses permitted above, the following uses may be permitted by site specific zoning, subject to the criteria in Section 7.6. Planning Impact Analysis. i)

automotive body shops, provided that their location and operation does not detract from the industrial operations of the surrounding area;

ii)

salvage yards;

iii)

waste disposal sites and transfer stations, subject to meeting the requirements of the Ministry of the Environment and other Ministries in accordance with the Environmental Assessment Act, the Environmental Protection Act, and other guidelines and policies that apply;

iv)

private clubs and commercial recreation establishments; (Clause iv) amended by OPA No. 95 - approved by MMAH 98/06/25)

automobile service stations or gas bars that are located on arterial or primary collector roads, preferably at intersections with other major roads;

vi)

convenience stores, personal services, restaurants, medical/dental offices and clinics, and financial institutions which are designed to serve the industrial area and which have access to an arterial or primary collector road: (a)

Convenience stores, restaurants, personal services, medical/dental offices and clinics, and financial institutions shall be encouraged to locate in convenience commercial centres. The maximum size of a convenience commercial centre shall not exceed 1,000 square metres (10,764 square feet). The maximum size of individual uses shall be specified in the Zoning By-law; and

(b)

Where convenience stores, restaurants, personal services,

medical/dental offices and clinics, or financial institutions form part of an industrial building or complex of buildings, the Zoning By-law will restrict individual uses, the aggregate size of commercial uses and the proportion of the floor area that may be used for commercial purposes; vii)

day care centres; (Subsection 7.2.2 amended and renumbered by OPA No. 88 - OMB Order No. 2314 approved 99/12/23)

viii)

specialized recycling facilities; construction and demolition recycling facilities; and channel, in-vessel and windrow composting facilities subject to the provisions of Section 17.5 Other Waste Facilities. (Subsection viii) added by OPA 296, approved 04/06/22)

7.2.3. Operation Criteria

Nuisance Factors

7.2.4. Location

Nuisance Factors

7.2.5. Area and Site Design Criteria

All uses adding, emitting, or discharging a contaminant into the natural environment must obtain a Certificate of Approval from the Ministry of the Environment as required by the Environmental Protection Act and associated Regulations. Uses permitted in this category will also be required to comply with additional requirements as set out in this Section of the Plan and in the City of London's Waste Discharge By-law. i)

In areas where the range of permitted uses is restricted because of compatibility concerns, the Zoning By-law may be amended to allow an additional permitted use where it can be demonstrated that any nuisance factors associated with the proposed use are at, or can be reduced to, acceptable levels for that zone.

Areas designated General Industrial will, in most cases, be located where there is access to arterial roads or rail lines, where adequate services for industrial development can be provided, and where industrial traffic will be directed away from residential areas. i)

Certain industrial uses within the General Industrial designation, including industries requiring large amounts of open storage and those with nuisance aspects relating to their operations, may be restricted, through the Zoning By-law, from locating near residential areas or along major entryways to the City.

The development of areas designated General Industrial will be subject to the following area and site design considerations:

Traffic

Industrial traffic should be directed away from, and not through, residential areas.

Access

ii)

The number of access points from General Industrial sites to arterial or primary collector roads should be limited to minimize disruptions to traffic flows.

Buffering

iii)

The Zoning, Site Plan, and Sign Control By-laws may specify

higher standards for setbacks, the location of parking and loading areas, landscaping, signage, and screening of outdoor storage areas for industries adjacent to residential areas and along major entryways to the City. 7.2.6. Non-Conforming Uses

Where the Zoning By-law restricts the range of permitted uses in the General Industrial designation, non-conforming industrial uses in that zone may be permitted to expand subject to the policies of Section 19.5. Any expansion or changes to these industries will be encouraged to meet current operation and design standards for that zone.

7.2.7. Applications to Expand or Add General Industrial Areas

Proposals to add or expand a General Industrial designation will be evaluated on the basis of the following:

Criteria

Compliance with the appropriate policies on permitted uses, location and design.

Traffic

ii)

The potential impact of industrial traffic on residential areas.

Municipal Services

iii)

The availability of utilities and sewer and water facilities to service the site.

Compatibility

iv)

The compatibility of the proposed uses with existing and proposed uses in the surrounding area.

Transit

The availability of transit services to the site.

Accessibility

vi)

The proximity of the site to regional transportation facilities such as major highways, rail lines, and the airport.

Site Characteristics

vii)

The suitability of the site in terms of drainage, soil conditions and topography for accommodating the proposed uses.

Planning Impact Analysis

viii)

Planning Impact Analysis as provided for in Section 7.6.

7.3.

LIGHT INDUSTRIAL This designation is intended for industries which have a limited impact on the surrounding environment and which are frequently small in scale. Such industries can normally be located in closer proximity to other land uses without significant conflicts if appropriate site planning techniques are utilized. Uses permitted in the Light Industrial designation will be required to meet higher development and operating standards when located near residential areas and major entryways to the City. Certain non-industrial uses may also be permitted, provided that they are complementary to, and supportive of, the surrounding industrial area.

7.3.1. Main Permitted Uses

Main permitted uses in the Light Industrial category include: industrial uses that involve assembling, fabricating, manufacturing, processing and/or repair activities; are located within enclosed buildings; require only a limited amount of outdoor storage; and are unlikely to cause adverse effects with respect to air, odour or water pollution, or excessive noise levels. Other types of permitted uses include research and communication facilities; printing and publishing establishments; warehouse and wholesale outlets; technical, professional and business services such as architectural, engineering, survey or business machine companies; service trades; and contractor's shops that do not involve open storage; and, residential and other source recycling facilities subject to the provisions of Section 17.5. Office uses and retail outlets subject to policy 7.5.3. which are ancillary to any of the above uses are also allowed. Zoning on individual sites may not allow for the full range of permitted uses. (Subsection 7.3.1 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Subsection 7.3.1. further amended by OPA 296, approved 04/06/22)

7.3.2. Uses Permitted By Site Specific Zoning

In addition to the uses permitted above, the following uses may be permitted by site specific zoning, subject to the criteria in Section 7.6. Planning Impact Analysis: i)

automobile service stations or gas bars that are located on arterial or primary collector roads, preferably at intersections with other major roads;

ii)

convenience stores; restaurants; personal service establishments; medical/dental offices and clinics; and financial institutions which are designed to serve the industrial area and which have access to an arterial or primary collector road:

iii)

Convenience stores; restaurants; personal services; and medical/dental offices and clinics; and financial institutions shall be encouraged to locate in convenience commercial centres. The maximum size of a convenience commercial centre should not exceed l,000 square metres (10,764 square feet). The maximum size of individual uses shall be specified in the Zoning By-law; and

Where convenience stores, personal services, restaurants, medical dental offices and clinics or financial institutions form part of an industrial building or complex of buildings, the Zoning By-law will restrict the size of individual uses, the aggregate size of commercial uses and the proportion of the floor area that may be used for commercial purposes;

hotels or motels, provided they meet all of the following criteria: (a)

they are located on an arterial road or freeway, or in close

proximity to the airport;

iv)

(b)

they are located at, or near, the periphery of a Light Industrial area; and

(c)

the results of a Planning Impact Analysis indicate there would be minimal impact on surrounding uses;

private clubs and commercial recreation establishments; (Clause iv) amended by OPA No. 95 - OMB Order No. 1596 - approved 98/06/25)

day care centres;

vi)

a major recreation or institutional use such as the Western Fairgrounds, provided it meets the following criteria:

vii)

(a)

it is located in close proximity to the airport or a freeway; and

(b)

it is located at or near the periphery of a Light Industrial designation; and

existing industrial uses which are not included under policy 7.3.1., but which are compatible with adjacent uses are recognized as permitted uses within the Light Industrial designation. Proposals for the significant expansion of these uses may require an amendment to the Official Plan to redesignate the lands to General Industrial. (Subsection 7.3.2 amended and renumbered by OPA No. 88 - OMB Order No. 2314 approved 99/12/23)

7.3.3. Operation Criteria

Permitted uses in the Light Industrial designation shall include those uses which are likely to have a minimal adverse effect on surrounding uses in terms of noise, smoke, odour or visual appearance, and which can be located in relatively close proximity to other land uses and entryways into the City.

Compliance with City and Provincial Guidelines

Permitted uses shall comply with Ministry of the Environment guidelines and standards regarding the emission of noise, vibration, and air contaminants such as dust, smoke, fumes and odours; water quality, including the quality of waste water discharge and run-off; waste control and disposal; and additional requirements as set out in this Section of the Plan and in the City of London's Waste Discharge By-law.

Nuisance Factor Reduction

ii)

Where it is demonstrated that any nuisance factors related to a proposed industry not permitted by the Zoning By-law can be reduced to acceptable levels for the Light Industrial designation and the applicable zone, the industrial use may be permitted through an amendment to the Zoning By-law.

7.3.4. Location

Areas designated Light Industrial will, in most cases, be located where:

Accessibility

There is good access to arterial roads, rail lines, and/or airport facilities.

Municipal Services

ii)

Sites can be fully serviced with utilities and sewer and water facilities.

Major Entryways

iii)

The site is located along a major entryway to the City where light industrial development could make a positive contribution to the visual image of the City.

Compatibility

iv)

The permitted uses will be compatible in terms of appearance, function, and operation, with adjacent land uses.

Buffering

The Light Industrial designation acts as a buffer between residential areas and areas designated as General Industrial.

7.3.5. Area and Site Design Criteria

The development of Light Industrial areas will be subject to the following area and site design considerations:

Buffering

The Zoning and Site Plan Control By-laws may specify higher standards for setbacks, the location of parking and loading areas, signage, landscaping, and screening of outside storage areas along major entryways to the City and adjacent to residential areas.

Traffic

ii)

Industrial traffic should be directed away from, and not through, residential areas.

Compatibility

iii)

Separation, buffering, and landscaping may be required to provide visual compatibility among adjacent land uses.

Limited Access

iv)

The number of access points from Light Industrial sites to arterial or primary collector roads should be limited to minimize disruption to traffic flows.

Secondary Commercial Uses

Secondary commercial uses, as described in policy 7.3.2., will be encouraged to develop in a nodal configuration to reduce the potential for strip commercial development and disruption to the function and pattern of industrial areas.

7.3.6. Scale of Development

The Zoning By-law may specify maximum building heights and site coverages so that the scale of new industrial development will have a minimal impact on any non-industrial uses in the surrounding area. Office development which is not ancillary and incidental to a main permitted use, as listed in Section 7.3.1. or 7.3.2. of this Plan, will be restricted to a small scale in the Light Industrial designation.

7.3.7. Non-Conforming Uses

Uses operating in existing Light Industrial areas at the time of adoption of the Plan, which may not meet the operation, location or design criteria, but which are important to the economic stability of the City, may be recognized as permitted uses in the Zoning By-law. Any expansion or changes to these industries will be encouraged to meet the standards and requirements for the Light Industrial designation which have been identified for this Plan.

7.3.8. Applications to Add or Expand Light Industrial Areas

Proposals to add or expand a Light Industrial area will be evaluated on the following basis:

Criteria

Compliance with the appropriate policies on permitted uses, location, design and operating criteria.

Traffic

ii)

The potential impact of industrial traffic on residential areas.

Municipal Services

iii)

The availability of utilities and sewer and water facilities to service the site.

Compatibility

iv)

The compatibility of the proposed uses with existing and proposed uses in the surrounding area.

Transit

The availability of transit services to the site.

Planning Impact Analysis

vi)

Planning Impact Analysis as described in Section 7.6.

7.4.

OFFICE BUSINESS PARK This land use designation will allow prestige industrial and office-based uses to locate in a "park-like" setting with uses of a similar quality and orientation. This designation will be applied to large land areas where a number of uses can be accommodated according to a comprehensive development plan. Office Business Parks will have the highest development standards of all industrial categories, and permitted uses within these areas should have negligible impacts on adjacent uses. It is intended that Office Business Parks will attract corporate administration and product development centres, research facilities, and advanced technology industries that are unlikely to have nuisance impacts on surrounding areas. The Office Business Park designation is intended to attract a limited range of firms and businesses, and for this reason it is not anticipated that there will be more than a few such areas designated in the Plan.

7.4.1. Main Permitted Uses

Uses permitted within the Office Business Park designation include: research, development, and information processing establishments; corporate head offices or major branch offices; and light assembly and manufacturing activities for the production of high-value, high-technology

products, provided such activities are conducted within enclosed buildings and have little or no impact on surrounding areas. Zoning on individual sites may not allow for the full range of permitted uses. 7.4.2. Uses Permitted By Site Specific Zoning

In addition to the uses permitted above, the following uses may be permitted through site specific zoning, subject to the criteria in Section 7.6. Planning Impact Analysis: i)

personal services; eat-in restaurants; day care centres; and medical/dental offices and clinics; and financial institutions, which cater to the employees in the Office Business Park. Such uses shall be subject to floor area restrictions in the Zoning By-law;

ii)

private recreational facilities that cater to the employees in the Office Business Park; and

iii)

hotels or motels, provided that they meet all of the following criteria:

iv)

7.4.3. Operation Criteria

7.4.4. Location

(a)

they are located on an arterial road or freeway;

(b)

they are located at, or near, the periphery of an Office Business Park; and

(c)

the results of a Planning Impact Analysis, as described in Section 7.6. indicate that there will be minimal impact on surrounding uses.

Proposals to add new drive-through facilities shall require an amendment to the Zoning By-law, and consideration of the matters in Section 4.10 (Drive Through Facilities). (OPA #444 passed 2008/07/22)

Permitted uses within the Office Business Park designation shall: i)

Create minimal noise, odour, smoke, or other evidence of industrial activity beyond the walls of the building in which the activity occurs.

ii)

Comply with Ministry of the Environment guidelines and standards and the City of London Waste Discharge By-law.

iii)

Function as a use or activity that would contribute to the prestige image of the Office Business Park.

Proposals for an Office Business Park designation shall meet one or more of the following location criteria: i)

The site will be situated in a high visibility area adjacent to a freeway or major arterial road.

ii)

The site will be in close proximity to the University of Western

Ontario or Fanshawe College. iii) 7.4.5. Area and Site Design Criteria

The natural features of the site will be conducive to the development of Business Park uses in a park-like setting.

Developments in the Office Business Park designation shall be subject to zoning and sign regulations and site plan control standards that will provide for the quality of development intended for this designation. These regulations and standards will address matters such as:

Site Configuration

The relationship of a proposed building to surrounding buildings and open space areas.

Scale and Form of Development

ii)

The bulk and scale of buildings, and the extent to which their orientation, form, and siting help to achieve the objective of a parklike setting. Regulations to control the scale of development will include minimum lot sizes, maximum floor area ratios, building height restrictions, and landscaping requirements.

Signs

iii)

The size and location of signs in the Office Business Park.

Limited Access

iv)

The number of access points from Office Business Parks to arterial roads should be limited.

7.4.6. Applications to Expand or Add Office Business Park Areas

It is anticipated that a very limited number of Office Business Park designations will be created during the planning period. An application for an Official Plan amendment to create a new, or expand an existing, Office Business Park will be evaluated on the following basis:

Criteria

Compliance with the appropriate policies on function, permitted use, location and design criteria.

Traffic

ii)

The potential impact of Office Business Park traffic on residential areas.

Municipal Services

iii)

The availability of utilities and sewer and water facilities to service the site.

Compatibility

iv)

The compatibility of the Office Business Park development with existing and proposed uses in the surrounding area.

Transit

The availability of transit services to the site.

Undeveloped Lands

vi)

The availability of undeveloped lands within existing Office Business Parks.

Planning Impact Analysis

vii)

Planning Impact Analysis as provided for in Section 7.6.

7.5.

GENERAL PROVISIONS APPLICABLE TO ALL INDUSTRIAL USES

7.5.1. Location of Industry Outside Industrial Parks

Future industries will be encouraged to locate in planned industrial parks, except where it can be demonstrated that the use is not suitable for an industrial park, or the use has location or site area requirements that cannot be met in industrial park sites.

7.5.2. Municipal Initiatives to Industrial Development

Council may develop municipally-owned industrial parks to meet the demands of industries locating or expanding in London. Council may also consider, as the need arises, other incentives which could be used to attract industrial development to the City.

7.5.3. Ancillary Retail Outlet

A retail outlet may be allowed in connection with a permitted industrial use provided the retail component is clearly ancillary to the industrial use of the property, is carried on within the main building of the industrial use, and does not generate traffic or parking that may have an adverse impact on adjacent properties. Goods sold in the retail outlet do not have to be produced on site but must be related to the permitted industrial use. The Zoning By-law shall contain regulations to limit the kinds of activities to be allowed as ancillary retail uses and the size of the retail use and to require the provision of parking facilities. (Subsection 7.5.3 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

7.5.4. Servicing of Development

Development within Industrial land use designations will occur on full municipal services. Notwithstanding this intent, Council may permit lands designated for industrial use before they were annexed to the City of London on January 1, 1993 to develop on an individual on-site wastewater treatment system subject to: i)

the policies of Section 17.2 which limit uses to those of a "dry" nature; and

ii)

lands subject to the policy shall be placed in a holding zone limiting the range of uses to those of a "dry" nature until such time as municipal services are available and the holding provision is lifted. (Subsection 7.5.4 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

7.6.

PLANNING IMPACT ANALYSIS

7.6.1. Purpose

Planning Impact Analysis will be used to evaluate applications for an Official Plan amendment and/or zone change, to determine the appropriateness of a proposed change in land use and to identify ways of reducing any adverse impacts on surrounding uses. Planning Impact Analysis is intended to document the majority of criteria reviewed by municipal staff through the application review process to assess an application for change. Depending upon the situation, other criteria may be considered. (Sec. 7.6.1. amended by OPA 438 Dec. 17/09)

7.6.2. Scope of Planning Impact Analysis

Planning Impact Analysis will be undertaken by municipal staff and will provide for participation by the public in accordance with the provisions for Official Plan amendments and/or zone change applications as described in Section 19.12. of this Plan.

Proposals for changes in the use of land which require the application of Planning Impact Analysis will be evaluated on the basis of criteria relevant to the proposed change. Other criteria may be considered through the Planning Impact Analysis to assist in the evaluation of the proposed change. (Sec. 7.6.1. amended by OPA 438 Dec. 17/09)

General Proposals

compatibility of proposed uses with surrounding land uses, and the likely impact of the proposed development on present and future land uses;

(b)

the size and shape of the parcel of land on which a proposal is to be located, and the ability of the site to provide adequate services for industrial development;

(c)

the supply of vacant land in the area which is already designated and/or zoned for the proposed use;

(d)

the location of any proposal for industrial development where there is good access to arterial roads and/or rail lines; and

(e)

impacts of the proposed change on the transportation system, including transit. (Clause (e) added by OPA 438 Dec. 17/09)

Site Specific Proposals

ii)

Where an Official Plan amendment and/or zone change is for a specific development proposal, or where more site specific detailed information on the type and nature of future development is required, all, or some of the following criteria may be considered: (a)

all of the criteria listed in policy 7.6.1. i) of the Plan;

(b)

compliance with Ministry of the Environment standards and guidelines and the City's Waste Discharge By-law, relating to the compatibility of the proposed use with existing uses; and the potential impact of any noise, odour or other emissions on surrounding land uses;

(c)

the height, location and spacing of any buildings in the proposed development, and any potential impacts on surrounding land uses;

(d)

the extent to which the proposed development provides for the retention of any desirable vegetation or natural

features that contribute to the visual character of the surrounding area; (e)

(f)

the exterior design in terms of the bulk, scale, and layout of buildings, and the integration of these uses with present and future land uses in the area;

(g)

the potential impact of the proposed development on surrounding natural features and heritage resources;

(h)

compliance of the proposed development with the provisions of the City's Official Plan and Zoning By-law, Site Plan Control By-law, and Sign Control By-law; and

(i)

measures planned by the applicant to mitigate any adverse impacts on surrounding land uses and streets which have been identified as part of the Planning Impact Analysis.

7.6.3. Information Required

7.7.

SECONDARY PLANS

7.7.1. Secondary Plans

In recognition and support of industrial activities in established industrial areas, Council may direct that area studies be undertaken as described in Section 19.2 to determine improvements or changes which will assist in either the preservation or conversion of these areas. In addition to other matters, area studies may examine: (Subsection 7.7.1 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Municipal Services

The adequacy of municipal infrastructure such as roads, sidewalks, and storm and sanitary sewer systems in the area to accommodate industrial development.

Traffic

ii)

Traffic circulation patterns and any problems related to access, onand off-street parking, and loading facilities relating to industrial development.

Site Requirements

iii)

The appropriateness of municipal parking, lot coverage, and yard requirements for industrial uses in a particular area.

Alternative Uses

iv)

Alternative uses for particular buildings or properties for industrial areas which are in transition.

Integration

The effect on the overall character and quality of a neighbourhood from the integration between industrial and non-industrial uses.

Encroachment

vi)

Problems associated with the encroachment of non-industrial uses into the industrial area, and vice versa.

Existing Industrial Areas

vii)

An evaluation of other industrial areas to determine an appropriate range of land uses and regulations for any specific area.

7.7.2. Preservation of Older Industrial Buildings

In established industrial areas the renovation and rehabilitation of older industrial buildings for new industrial uses which are compatible with surrounding land uses shall be encouraged. Council may consider amendments to the Zoning By-law on a site specific basis to allow for developments which improve the efficiency and character of the industrial building and area, but which would not otherwise be permitted.

8A.

OPEN SPACE LAND USE DESIGNATION (Chapter 8A amended and renumbered by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

INTRODUCTION The Open Space designation is applied to lands which are to be maintained as park space or in a natural state. These lands include public and private open space, flood plain lands ,lands susceptible to erosion and unstable slopes and natural heritage areas which have been recognized by Council as having city-wide, regional, or provincial significance. It is the intent of the Plan to conserve such areas and, where appropriate, to integrate these lands into the City's overall parks network. These lands also serve the added function of enhancing the City's image as the "Forest City", and in providing a break in the urban landscape. Areas within the City that are designated Open Space are shown on Schedule “A” – the Land Use Map. Components of the Natural Heritage System such as Significant Woodlands, Provincially Significant Wetlands and Environmentally Significant Areas, are delineated on Schedule “B1” – Natural Heritage Features. Natural resources and natural hazards are delineated on Schedule “B2” – Natural Resources and Natural Hazards. Areas designated Open Space may be in either public or private ownership. Policies in this Chapter of the Plan describe the intent, function and permitted uses of the Open Space designation. There are also policies regarding natural hazard lands and natural heritage areas designated as Open Space contained in Chapter 15 of the Plan – Environmental Policies. The Open Space policies are implemented through the Zoning By-law, other by-laws and guideline documents adopted pursuant to Section 19.2.2.. The policies will be applied in a manner that is consistent with the Provincial Policy Statement and applicable Provincial Guidelines.” (Introduction amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Introduction amended by OPA 438 Dec. 17/09)

8A.1.

OBJECTIVES FOR THE OPEN SPACE DESIGNATION The use of areas designated Open Space shall be directed towards the following objectives: i)

Provide for a continuous linear open space network which generally follows the Thames River and its tributaries.

ii)

Provide for linkages among open space areas throughout the City.

iii)

Provide for open space areas in all parts of the City to allow for a balanced distribution of locations for both active and passive recreational pursuits.

iv)

Enhance the accessibility of publicly-owned open space areas, where there is no danger to public safety and where significant natural features and ecological functions can be protected.

(Clause iv) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Reduce the potential for property damage and loss of life due to flooding, by restricting the development of flood plain lands to an appropriate range of uses. (Clause v) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

vi)

Provide for the protection of natural heritage areas which have been identified, studied and recognized by Council as being of citywide, regional, or provincial significance. (Clause vi) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause vi) amended by OPA 438 Dec. 17/09)

8A.2.

OPEN SPACE The Open Space land use designation is comprised of public and private open space; flood plain lands; lands susceptible to erosion and unstable slopes natural heritage areas recognized by Council as having city-wide, regional, or provincial significance; lands that contribute to important ecological functions and lands containing other natural physical features which are desirable for open space use or preservation in a natural state. These features may include areas of rough or hilly topography, organic soils, poor drainage, natural vegetation, steep slopes, woodlots, or ravines. Uses permitted within the Open Space designation are limited to nonintensive uses. District, city-wide, and regional parks are included in the Open Space designation. Neighbourhood parks and parkettes are not shown on the Land Use Map, but are included as secondary uses in other land use designations. Additional restrictions regarding uses for natural heritage areas designated as Open Space and flood plain lands are contained in Chapter 15. (Section 8A.2 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Sec. 8A2. amended by OPS 438 Dec. 17/09)

8A.2.1. Areas Identified as Open Space

Areas designated Open Space on Schedule "A" - the Land Use Map, shall consist of, public open space, including district, city-wide, and regional parks; private open space, including such uses as cemeteries and private golf courses; flood plain lands and lands that are subject to natural hazards; components of the Natural Heritage System, which have been evaluated and which are recognized by Council as being of city-wide, regional or provincial significance; and, lands that contribute to important ecological functions. The Open Space designation may also be applied to natural physical features which are desirable for preservation. (Subsection 8A.2.1 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Sec. 8A2.1. amended by OPA 438 Dec. 17/09)

8A.2.2. Permitted Uses

Public open space uses including district, city-wide, and regional parks; and private open space uses such as cemeteries and private golf courses are permitted in the Open Space designation. Agriculture; woodlot management; horticulture; conservation; essential public utilities and municipal services; and recreational and community facilities; may also be permitted. Zoning on individual sites may not allow for the full range of permitted uses.

(Subsection 8A.2.2 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Flood Plain Lands

Where flood plain lands as shown on Schedule "B2" are included in the Open Space designation, the policies concerning development and use restrictions within flood plain lands shall take precedence. (Clause i) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause i) amended by OPA 438 Dec. 17/09)

Natural Heritage Areas Designated as Open Space

ii)

Where components of the natural heritage system are included within the Open Space designation, the provisions of policy 15.3.2. concerning permitted uses within natural heritage areas designated as Open Space, shall take precedence. (Clause ii) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Sec. 8A.2.2. ii) amended by OPA 438 Dec. 17/09)

8A.2.3. Public Access Public Open Space

Public access to lands within the Open Space designation shall be encouraged subject to the following provisions: i)

Accessibility to public open space areas will be provided where possible, provided that such access will not have a negative effect on the natural features or ecological functions of the area as determined by the City in consultation with the appropriate agencies. (Clause i) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Private Open Space

ii)

The inclusion of privately-owned lands within the Open Space designation shall not imply that the land is accessible to the public. Permissions for public access to privately owned property within the Open Space designation shall be at the discretion of the property owner.

Natural Areas

iii)

Public access to identified environmentally significant areas will be subject to the provisions of policy 15.4.1.4. (Clause iii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Thames River Shoreline

iv)

Public access along the shoreline of the Thames River will be encouraged in appropriate locations within the context of existing and future land uses, where there is no danger to public safety, and where significant natural features and ecological functions can be protected. (Clause iv) added by OPA 438 Dec. 17/09)

8A.2.4. Linkages between Open Space Areas

Linkages shall be provided among open space areas, where feasible, as a means of encouraging continuity and accessibility to open space areas. Examples of such linkages include open space and utility corridors, abandoned railway lines, or physical features such as streams and ravines. (Subsection 8A.2.4 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

8A.2.5. Land Acquisition

Council may acquire lands within the Open Space designation or add to the Open Space designation for the purposes of: adding to the network of publicly-accessible open space; providing protection to lands identified as being susceptible to flooding or erosion; and providing protection to natural heritage areas designated as Open Space.

(Subsection 8A.2.5 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Parkland Dedication

The acquisition of parkland through dedication, as provided for under the Planning Act, shall be carried out subject to the parkland dedication policies contained in Section 16.3. of the Plan.

Flood Plain Acquisition

ii)

The public acquisition of flood plain lands shall be carried out subject to the flood plain acquisition provisions contained in policy 15.6.5. of the Plan. (Clause ii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

iii)

Council may develop a program for acquisition of natural heritage areas designated as Open Space in accordance with policy 15.3.4. of this Plan. (Clause iii) added by OPA No. 88 -OMB Order No. 2314 - approved 99/12/23)

Government Programs on Acquisition

iv)

For the purposes of land acquisition as described above, Council may seek the assistance of other levels of government, and will work with the appropriate Conservation Authority and the private and volunteer sectors in adding lands to the public open space system. (Clause iv) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Private Lands

The inclusion of privately-owned lands within the Open Space designation does not imply that it is Council's intent to acquire these lands. However, Council may identify privately-owned lands for acquisition for the purpose of including these lands as public open space through any of the above provisions. (Clause v) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

8A.2.6. Evaluation of Potential for Public Acquisition

If a proposal is made to develop privately-owned lands within the Open Space designation for uses other than those permitted in the Open Space designation, Council will assess the potential for acquiring the property as public open space on the basis of the following criteria: (Subsection 8A.2.6. amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

the adequacy of the existing supply of public open space in the surrounding area; (Clause i) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

ii)

the potential impact of the proposed new use or change in existing use on surrounding lands, particularly lands which are expected to remain within the Open Space designation;

iii)

the location of the subject lands in relation to flood plain lands;

iv)

the location of the subject lands in relation to natural heritage areas designated as Open Space; (Clause v) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

the presence of natural or desirable features or ecological funtions within the subject lands; and

vi)

cultural importance of the subject lands or its features, whether locally or city-wide.

Sec. 8A.2.6. ii) deleted by OPA 88 OMB Order 2314 99/12/23 and v) and vi) added by OPA 438 Dec. 17/09)

8A.2.7. Site Alteration and Tree Cutting By-laws

To mitigate potential impacts due to site alteration and tree cutting in lands designated as Open Space on Schedule "A", Council may adopt appropriate by-laws to prohibit or regulate the placing, dumping, removal or regarding of topsoil or fill, and the destruction or injuring of trees. (Subsection 8A.2.7 deleted and replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Chapter 8A amended and renumbered by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Sec. 8A.2.7. amended by OPA 438 Dec. 17/09)

8B.

ENVIRONMENTAL REVIEW LAND USE DESIGNATION (Chapter 8B added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

In addition to the natural heritage areas which are included in the Open Space designation in Chapter 8A, there are additional lands which may contain significant natural features and important ecological functions which should be protected. These areas, which have been identified through the Subwatershed Planning Studies, are designated as Environmental Review on Schedule "A" and shall be protected from activities that would diminish their functions pending the completion of a detailed environmental study. A detailed environmental study may be undertaken as part of an secondary plan or environmental impact study or may be undertaken by the City of London. Environmental Review areas or portions of areas that are determined to satisfy the criteria for significance under Section 15.4. shall be redesignated as Open Space on Schedule "A". The Environmental Review designation permits the continuance of farming that is carried out in accordance with generally accepted farming practices. Other areas, or portions of areas, which do not satisfy the criteria for significance under the provisions of Section 15.4. will be redesignated to an appropriate land use in accordance with the policies of the Plan. 8B.1.

OBJECTIVES FOR THE ENVIRONMENTAL REVIEW DESIGNATION In addition to the components of the Natural Heritage System, which have been evaluated and designated on Schedule “A” as Open Space, in accordance with the policies in Chapter 8A and Chapter 15, there are additional lands delineated on Schedule “B1” that may contain significant natural features and important ecological functions, which should be protected until environmental studies have been completed, reviewed and accepted by the City. These potential components of the Natural Heritage System are designated as Environmental Review on Schedule “A” and shall be protected from activities that would diminish their functions pending the completion, review and acceptance of a detailed environmental study. A detailed environmental study may be undertaken as part of the Community Plan, Area Plan, Official Plan and/or Zoning By-law amendment application, Draft Plan of Subdivision, Site Plan application, Variance or Consent application by the applicant and/or landowner, or

may be undertaken by the City of London. An Environmental Review area or portion of an area that is determined to satisfy the criteria for significance under Section 15.4, shall be designated as Open Space on Schedule “A” and delineated on Schedule “B1” according to its specific nature or reason for significance according to the Official Plan policies. Other areas or portions of areas which do not satisfy the criteria for significance under the provision of Section 15.4. will be redesignated for an appropriate land use designation in accordance with the policies of the plan. Section 8B.1. deleted and replaced by OPA 438 Dec. 17/09)

8B.2.

LANDS INCLUDED In addition to the components of the Natural Heritage System which are designated as Open Space on Schedule “A” and delineated on Schedule “B1” according to the policies under Section 15.4. there are other natural features identified through the subwatershed studies or by other environmental studies that have been reviewed and accepted by the City. These areas may be designated as Environmental Review on Schedule “A”, and delineated on Schedule “B1” as one of the following: i)

Unevaluated Vegetation Patches;

ii)

Unevaluated Wetlands;

iii)

Unevaluated Stream and Ravine Corridors; and

iv)

Potential ESA’s.

Section 8B.2. deleted and replaced by OPA 438 Dec. 17/09)

8B.3.

PERMITTED USES Pending the evaluation of Environmental Review areas through sitespecific studies and their subsequent re-designation in accordance with ii) below, permitted uses in the Environmental Review designation will include agriculture, woodlot management, horticulture, conservation, recreational uses, and essential public utilities and municipal services where such utilities or municipal services have first been the subject of an environmental assessment process or environmental impact study in which the need has been confirmed, alternative locations identified and rejected, environmental impacts measured, and strategies to manage those environmental impacts adopted, thereby minimizing and/or mitigating those impacts as much as reasonably possible. Existing uses are also permitted. (Sec. 8B.3. ii) deleted by OPA 438 Dec. 17/09)

8B.3.1. Process for Evaluating Environmental Review Designations

ii)

Within the Urban Growth Boundary, on the basis of more detailed environmental studies and considerations of Official Plan policies, and Council and Provincially approved guidelines undertaken in conjunction with Community Plans, Area Plans, Official Plan and/or Zoning By-law amendment applications, Draft Plan of Subdivision applications, Site Plan applications, Consents and Variance applications, components of the Natural Heritage System within the Environmental Review designation on Schedule “A”, will be delineated on Schedule “B1” as follows: a)

Components of the Natural Heritage System that are determined to be significant in accordance with the policies in Section 15.4, shall be designated as Open Space on Schedule “A” and delineated on Schedule “B1” according to the significant environmental characteristics of the feature.

Components of the Natural Heritage System that are not determined to be significant in accordance with the policies in Section 15.4. will be designated on Schedule “A” for an appropriate land use in accordance with the policies of this Plan and removed from Schedule “B1”;”

The City will undertake an environmental study of Environmental Review Lands outside of the Urban Growth Area during the first ten years of the Planning period. Lands not determined to be significant in accordance with the criteria for determining significance in Section 15.4. will be redesignated as Agriculture.

(Sec. 8B.3.1. added by OPA 438 Dec. 17/09)

8B.4.

SITE ALTERATION AND TREE CUTTING BY-LAWS To mitigate potential impacts due to site alteration and tree cutting in lands designated as Environmental Review on Schedule "A", Council may adopt appropriate by-laws to prohibit or regulate the placing, dumping, removal or regarding of topsoil or fill, and the destruction or injuring of trees. (Chapter 8B added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Sec. 8B.4. amended by OPA 438 Dec. 17/09)

AGRICULTURE, RURAL SETTLEMENT AND URBAN RESERVE LAND USE DESIGNATIONS (Title amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

INTRODUCTION The Agriculture land use designation is applied to lands outside of the urban community, rural settlement areas and areas designated for urban growth over the planning period, where agriculture and farm-related activities are the predominant land use. In addition to productive farm land the agricultural area includes lands of lesser or marginal value for crop production as well as woodlots and other natural features. The objectives and policies of this Chapter are intended to protect the agricultural land resource and maintain the viability of farming within these areas so that agriculture continues to make a significant contribution to London's economy. The policies recognize the need for a long term commitment to agriculture and are intended to prohibit the fragmentation of land holdings, minimize the loss of prime agricultural land to non-farm development, and prohibit the introduction of land uses that are incompatible with, or may potentially constrain farm operations. Existing clusters or strips of non-farm settlements outside of the urban community and outside areas designated for urban growth shall be designated Rural Settlement. The areas designated Rural Settlement on Schedule `A' include the hamlets of Glanworth and Scottsville, which have historically developed as farm service centres and currently exist as small residential communities with a mix of small-scale commercial uses. The hamlets are not regarded as centres for growth, and development will be limited to uses that can be accommodated on an infill basis and adequately served by individual waste disposal systems and water supply. There are also strips of existing residential uses along some sections of roads within the agricultural area. While it is the general intent of this Plan to discourage new residential lot creation in agricultural areas, there are opportunities for infill lot creation within these identified established strips. New residential dwellings in these areas are unlikely to place further constraints on farm operations on nearby lands and are a preferred alternative to the creation of scattered non-farm residential uses in the agricultural areas. The Urban Reserve land use designation is intended to apply to large, mostly undeveloped and unserviced parcels of land which may be proposed for development during the life of this Plan, but where the detailed land use pattern has not been established. While it is recognized that areas designated Urban Reserve will ultimately be developed, it is considered premature to apply individual land use designations to these areas, given the large sizes of these areas and the level of information that is currently available. A restrictive approach to lot creation and development in the Urban Reserve designation is taken in order to avoid patterns of land ownership and use that will detract from the community planning process.

Policies contained in this Section of the Plan provide a framework which will guide future development decisions for Urban Reserve areas and ensure that an appropriate level of comprehensive planning has been undertaken prior to designating these areas for urban development. (Introduction added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

9.1.

OBJECTIVES FOR THE AGRICULTURE, RURAL SETTLEMENT AND URBAN RESERVE DESIGNATION

9.1.1. Objectives for the Agriculture Designation

The use of areas designated "Agriculture" shall be directed towards the following objectives: i)

Protect, maintain and improve the prime agriculture land base for future generations. Prime agricultural land consists of Classes 1, 2, and 3 soils according to the Canada Land Inventory Capability Classification for Agriculture mapping and specialty croplands.

ii)

Promote and support a healthy and productive agricultural industry as a key component of the City's economic base and heritage.

iii)

Promote farm practices which encourage the conservation of surface and ground water resources, aquatic habitat, woodlands, wetlands, wildlife habitat and other natural features, where such practices do not impose undue limitations on the farming community.

iv)

Support a pattern of agricultural land holdings that increases the viability of farm operations and avoids the fragmentation of land ownership.

Discourage uses which are not supportive of agriculture from locating in areas designated for agricultural purposes.

vi)

Direct permitted agriculturally-related development in agricultural areas to lands that have a marginal or lesser capability for agriculture, and where the potential for conflict between agricultural and non-agricultural uses will be minimized.

vii)

Minimize the potential for land use conflicts between residential uses in the settlement area and livestock operations.

viii)

Discourage the creation of non-farm residential lots in the agricultural area. (Subsection 9.1.1 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

ix)

Mitigate impacts from any new non-agricultural uses on surrounding agricultural operations and lands to the extent feasible. (Clause ix) added by Ministry Mod. #21 Dec. 17/09)

9.1.2. Objectives for the

The use of areas designated "Rural Settlement" shall be directed towards the following objectives:

Rural Settlement Designation

Provide opportunities for the location of new non-farm residential uses in the rural areas on an infill basis, thereby avoiding the loss of productive agricultural lands.

ii)

Allow for the infill development of small-scale commercial, industrial and institutional uses that serve the rural settlement and surrounding rural community, can be accommodated on individual on-site services and are compatible with existing uses.

iii)

Recognize that the primary intent of the Official Plan is to direct urban development to the urban community and designated growth areas, and to discourage the creation of new rural settlement areas. (Subsection 9.1.2 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

9.1.3. Objectives for Urban Reserve Designation

The use of areas designated Urban Reserve shall be directed towards the following objectives: i)

Provide for a degree of guidance with respect to the designation and future use of large, undeveloped parcels of land which may be proposed for urban development.

ii)

Provide a process for developing detailed land use patterns for areas designated "Urban Reserve". (Subsection 9.1.3 renumbered by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

9.2.

AGRICULTURE (Section 9.2 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

9.2.1. Primary Permitted Uses

Within areas designated "Agriculture" on Schedule "A", the primary permitted use of land shall be for the cultivation of land and the raising of livestock. A full range of farming types shall be permitted including, but not limited to, general farming, livestock farming, cash crop farming, market gardening, specialty crops, nurseries, forestry, aquaculture and agricultural research. A farm residence is permitted as is a home occupation and a secondary farm occupation in accordance with the provisions of policies 9.2.5. and 9.2.6. of this Plan.

9.2.2. Secondary Permitted Uses

Secondary permitted uses in the Agriculture designation include secondary farm dwellings in accordance with the provisions of policy 9.2.7., agriculturally-related commercial and industrial uses, subject to the provisions of policy 9.2.8.; public open space and conservation uses subject to the provisions of policy 9.2.12.; public utilities and storm water management facilities subject to the provisions of Chapter 17. Oil and gas extraction may be permitted in accordance with the provisions of Chapter 15 of this Plan.

9.2.2.1 Small Wind

A small wind energy conversion system (SWECS), consisting of one wind turbine and blades, one supporting tower and associated control or

Energy Conversion System Site Plan

conversion electronics, may be a permitted use in the Agriculture designation. Zoning standards are established to govern compatibility with the main dwelling as well as the surrounding land uses. Where listed as a permitted use, one SWECS may be erected on a lot subject to the following provisions: i) An application for a SWECS shall be subject to Site Plan Control. A site plan drawing shall be submitted illustrating the location of the SWECS, as well as the location of all existing buildings and structures on the subject property and the location of all existing buildings and structures on adjacent properties.

Zoning By-law

ii)

Setbacks from road allowances, lot lines, and structures as well as maximum height provisions shall be established in the Zoning By-law.

Impact Mitigation

iii)

Proximity to London International Airport

iv)

The colour of the SWECS, including the mast and the blades, as well as any accessory buildings shall be finished externally in a colour acceptable to the Municipality. Required cables and/or transformers associated with the SWECS shall be located within each turbine tower structure and/or shall be located underground beside the tower. Adverse impacts associated with shadow flicker and overshadowing on neighbouring buildings and land uses will be avoided. Where a SWECS is constructed within 5,000m of London International Airport, written approval from Transport Canada will be required to provide assurance that there will be no adverse effect on the safe operation of the Airport.

9.2.3. Existing Uses

Subject to the provisions of Section 19.5, uses not permitted as primary or secondary uses but which legally exist on the date of Council adoption of this policy, may be regarded as permitted uses. These uses include institutional uses such as schools, churches, group homes, cemeteries, and specialized care facilities; recreational facilities such as golf courses, campgrounds, trailer parks and recreational vehicle facilities; non-farm residential uses; and aggregate resource uses. New institutional and recreational uses such as those listed in this subsection are not considered to be primary or secondary permitted uses in the Agriculture designation and are encouraged to locate within the urban community or areas designated for urban growth.

9.2.4. Applications to Expand or Add New Pits or Quarries

Applications to expand or add new pits or quarries in areas identified as Aggregate Resource Areas, as shown on Schedule "B" - Flood Plain and Environmental Features, may be permitted by Official Plan amendment and shall be subject to the policies of Section 15.10.

9.2.5. Home Occupations

Home occupations not directly related to, but supportive of, a principle farm operation may be permitted provided they are secondary to the primary use of the property, operated only by those residing on the property on which the home occupation is located, and conducted entirely within the dwelling.

The type of home occupation permitted and the standards applying to these uses shall be set out in the Zoning By-law and may include the range of activities, floor area limits, parking and signage requirements. 9.2.6. Secondary Farm Occupations

Secondary farm occupations are to be carried on as part of the farm unit as a means of providing supplemental income to support the farm family and the viability of the primary farming operation. A secondary farm occupation conducted with a building other than a dwelling may be permitted provided it remains secondary to the agricultural use on the farm. Secondary farm occupations are differentiated from "home occupations" by the larger size and scale of the activity. A secondary farm occupation may be permitted by an amendment to the Zoning By-law subject to the following criteria:

Permitted Occupations

A secondary farm occupation may include the processing or retailing of goods produced on the farm, a welding or fabricating shop, a vehicle repair establishment, a contractor or trade shop, a personal service establishment, a craftsperson's shop, a day care facility, a seasonal roadside produce stand, a bed and breakfast or farm vacation establishment, a small business office, or any other occupation which is directly related to agriculture.

Number of Activities

ii)

One permanent secondary farm occupation will be permitted per farm lot in addition to seasonal or intermittent uses permitted in conjunction with the primary farm operation.

Size

iii)

Existing buildings or structures may be used for a secondary farm occupation. New buildings or structures, or additions to buildings or structures may be constructed for the purposes of the secondary farm occupation as part of the farm cluster but shall be of comparatively small scale relative to the farm operation, as established through the Zoning By-law.

Employees

iv)

A secondary farm occupation shall be operated directly by the resident farmer and immediate family members and a maximum of two additional employees.

Location

A secondary farm occupation shall be conducted in conjunction with the existing farm cluster including any new buildings or facilities constructed for the secondary use. Access to secondary farm occupations shall be restricted to an existing driveway and no new driveway will be permitted.

Servicing

vi)

Adequate on-site sewage and water systems can be provided to accommodate the secondary farm occupation.

9.2.6.1. Existing Uses

Existing secondary farm occupations will be recognized and zoned in the Zoning By-law.

9.2.6.2. Severance Consent

The severance of land to separate a secondary farm occupation from a farm property will not be permitted.

9.2.7. Secondary Farm Dwelling

The establishment of one additional single detached dwelling on the farm unit for the farm owner, an immediate family member engaged in full-time employment on the farm or a full-time farm employee, or living quarters for seasonal farm help, may be permitted by an amendment to the Zoning Bylaw subject to the following conditions:

9.2.8. AgriculturallyRelated Commercial and Industrial Uses

The size of farm parcel and type of farm operation warrants an additional dwelling unit to provide for the close proximity of farm personnel to farm operations.

ii)

A factory built or manufactured home may be permitted as an additional dwelling unit provided the home is placed on a permanent foundation and meets all requirements of the Zoning By-law and Building Code.

iii)

The dwelling unit or living quarters for seasonal farm help shall be clustered with the existing single detached dwelling and farm related buildings and structures. Access to the secondary farm dwelling or living quarters for seasonal farm help shall be restricted to an existing driveway and no new driveway will be permitted.

iv)

A secondary farm dwelling shall not be severed from the farm unit.

Small-scale agriculturally-related commercial and industrial uses that are supportive of the farm operation and that require a location in close proximity to a farm operation are permitted in areas designated "Agriculture". Such uses include grain drying, handling and storage facilities, and farm market uses. Legally existing agriculturally-related commercial and industrial uses will be recognized in the Zoning By-law. Impacts from any new or expanding non-agricultural uses on surrounding agricultural operations and lands are to be mitigated to the extent feasible. New agriculturally-related commercial and industrial uses may be permitted by an amendment to the Zoning By-law to apply the appropriate agricultural commercial or agricultural industrial zone, subject to the following policies: (Section 9.2.8. amended by OPA 438 Dec. 17/09)

Size

The amount of land devoted to the activity includes only the minimum necessary to support the activity and its servicing requirements.

Need

ii)

It can be demonstrated that the use is supportive of the farm operation and requires a location in close proximity to the farm operation to function successfully. (Clause ii) amended by OPA 438 Dec. 17/09)

Location

iii)

The location of the facility should not impose any operating constraints or result in a reduction of the efficiency of existing

farms in the vicinity. Agriculturally-related commercial and industrial uses should be directed to sites having soil capability, drainage, topographic, site size or configuration limitations for agriculture. Servicing

iv)

The facility does not require municipal water or sewage disposal services and can meet all requirements for the provision of individual on-site services.

Transportation

Access shall be available from a public highway or public road. The access must not create a potential traffic hazard due to poor sight lines or proximity to an intersection, steep grade or curve. An agriculturally-related commercial or industrial use shall be located on a road capable of accommodating, on a year round basis, the volume and type of traffic, including truck traffic, that the proposed use is likely to generate.

Environment

vi)

Adequate drainage and suitable outlets for storm water runoff can be provided.

Site Plan

vii)

Agriculturally-related commercial and industrial uses are subject to site plan control. The site plan and development agreement shall address the following:

9.2.9. Existing Agricultural Lots

(a)

dimensions of the lot;

(b)

building areas and location on the lot including surrounding land uses and buildings;

(c)

ingress and egress to and from the site, including parking facilities;

(d)

the location of outdoor storage facilities;

(e)

servicing provisions;

(f)

compliance with requirements;

(g)

site grading and fencing; and

(h)

on-site stormwater management facilities.

the

Minimum

Distance

Separation

It is the intent of this Plan, as set out in the agricultural land consent policies in policy 9.2.14., to encourage the retention or consolidation of farm parcels so that farms are of sufficient size to promote efficient operations and responsible environmental management, and to maintain long term viability and flexibility. A minimum farm parcel size of 40 hectares shall be establishment in the Zoning By-law in keeping with this intent.

It is recognized, however, that there are existing land holdings in the Agriculture designation that do not meet the minimum farm parcel size. Existing lots which are under separate ownership from abutting parcels of land at the date of adoption of this Plan, may be used for agricultural purposes, including one single detached dwelling, subject to the Minimum Distance Separation requirements described in policy 9.2.10. Single detached dwellings are also subject to the following policies: i)

An adequate and potable water supply is available or can be made available on the site subject to the approval of the authority having jurisdiction.

ii)

The lot size is sufficient and the soils are suitable to support an individual on-site waste disposal system subject to the approval of the authority having jurisdiction.

(Section 9.2.9. amended by OPA 438 Dec. 17/09)

9.2.10. Minimum Distance Separation Requirements

The creation or expansion of any livestock operation within the Agriculture, Rural Settlement and Urban Reserve designation will be required to comply with the Minimum Distance Separation (MDSII Formula) requirements established by the Ontario Ministry of Agriculture, Food and Rural Affairs. Livestock operations that exist within the Agriculture or Rural Settlement designation will be provided protection from the encroachment of all new development including all applications for Official Plan Amendments, Zoning By-law Amendments, Plans of Subdivision or Condominiums, or land severances; through the application of Minimum Distance Separation (MDS I Formula) requirements. (Section 9.2.10. amended by OPA 438 Dec. 17/09)

Lands within the Urban Reserve designation that cannot be developed for urban purposes due to MDS I requirements may be permitted to develop for municipal infrastructure that does not allow for passive/active recreation uses. Lands within the Urban Reserve designation that cannot be developed for urban uses due to MDS I requirements may be draft approved for plans of subdivision or condominium only where a holding zone or draft plan conditions requiring phasing are applied to these lands to preclude development until such time as the subject livestock facility is removed. (OPA No. 212 - OMB Order No. 1222 - approved 01/07/30)

Application of MDS1 to Existing Lots of Record

The City shall require compliance with the MDS1 requirements for all types of development proposed by building permit on all existing lots of record. (Added by OPA 438 Dec 17/09)

Application of MDS1 to Surplus Farm Dwelling Severances

The City does not require compliance with the MDS1 requirements for surplus farm dwelling severances in accordance with policy 9.2.14.6. of this plan. (Added by OPA 438 Dec. 17/09)

Application of MDS The City does not require compliance with the MDS 1 requirements for the 1 after a construction of a new dwelling that is replacing a dwelling that is destroyed Catastrophe in whole, or in part, by a catastrophe, provided that the new dwelling is located no closer to a livestock facility than prior to the catastrophe. (Added by OPS 438 Dec. 17/09)

Application of MDS 2 to Expansion of Rural Settlement Designation Application of MDSII within Settlement Areas

The City shall require compliance with the MDS 1 requirements for any proposal to expand the Rural Settlement land use designation. (Added by Ministry Mod. #22 Dec. 17/09)

The City shall apply the MDSII requirements for the construction of a livestock facility that is replacing a livestock facility that is destroyed by a catastrophe. (Added by OPA 438 Dec. 17/09)

Application of MDS The City shall treat cemeteries in compliance with the Minimum Distance to Cemeteries Separation Implementation Guidelines. (Added by OPA 438 Dec. 17/09)

9.2.11. Building Permit Applications for Livestock Operations

Prior to the issuance of any building permit for the establishment of a new livestock building or structure, or an expansion to an existing livestock building or structure including manure storage and other waste handling facilities, the City shall require compliance with the Minimum Distance Separation (MDS) requirements and with the provisions of the Zoning Bylaw. (Section 9.2.11. amended by OPA 438 Dec. 17/09)

9.2.12. Public Open Space and Conservation Uses

Public open space and conservation uses will be permitted within areas designated "Agriculture". Public open space uses may include outdoor recreational activities of a passive nature and conservation areas, as well as any ancillary facilities that are associated with their uses. Public open space and conservation uses are subject to the following: (Section 9.2.12. amended by OPA 438 Dec. 17/09)

9.2.13. Environmental Protection and Enhancement

Public open space and conservation uses will be conducive to the retention or enhancement of natural features and functions of the site and will not alter the soil or topography adversely.

ii)

Public open space and conservation uses will be supportive of, or neutral to agriculture and free from buildings or structures except those necessary for a permitted recreational activity. In areas that have significant natural features or functions, recreational activities shall be limited to those of an educational or instructive nature which involve minimal impact on the feature or function.

City Council may develop programs in cooperation with the Province, the Conservation Authorities and other agencies or groups and landowners to promote the protection and enhancement of natural areas located in the "Agriculture" designation. Such areas or features include habitat for plants, fish and wildlife; ground water recharge and discharge areas; stream corridors; wetlands and woodlots. The intent of these programs is to promote environmental benefits without creating constraints for agricultural land management and farming operations. No project or

works will be undertaken that would adversely affect the functioning of agricultural land drainage systems, or impede the management or maintenance of land drainage systems. City Council, in cooperation with the Conservation Authorities, other agencies or groups and landowners, may wish to promote the retention, responsible management and expansion of woodlots by:

9.2.14.

encouraging the expansion or creation of woodlots on lands having poorer soil capability or other limitations for agriculture, and on publicly owned lands;

ii)

supporting a tree planting program for rural areas;

iii)

implementing and monitoring a by-law under the Trees Act to limit the destruction of trees and to assist in ensuring the long term health and productivity of woodlots;

iv)

requiring studies, when necessary, to be carried out on the impact of development on significant forest and woodlots;

encouraging landowners to make use of programs and services provided by the Ministry of Natural Resources and the Conservation Authorities for the management of forests and woodlots; and

vi)

considering the use of other incentives for woodlot retention by private landowners.

AGRICULTURAL LAND CONSENT POLICIES INTRODUCTION The severance of land within the Agriculture designation will be controlled in accordance with the objectives of limiting farmland fragmentation, promoting the consolidation of farm holdings and discouraging lot creation for non-farm related uses. Non-farm residential development is considered to be incompatible with agriculture as it creates the potential for land use conflicts between nonfarm uses and agricultural and agricultural-related activities. In recognition of these potential conflicts and resulting constraints on farm operations, Council will prohibit the creation of lots for non-farm residential uses, retirement lots for farmers, lots for full-time hired help and infilling lots between existing farm dwellings or non-farm residential dwellings. (Amended by OPA 438 Dec. 17/09)

9.2.14.1. General Consent Policies

Within the Agriculture designation a consent to sever shall only be granted if the use of the land is in conformity with all applicable policies of the Plan, and with the provisions of the Zoning By-law; and it is clear that a plan of subdivision is not required for the orderly development of the lands.

Where a consent contravenes the Zoning By-law, the granting of a consent would be conditional upon the Zoning By-law having been amended and approved by the authority having jurisdiction. Applications for consent will be reviewed for conformity to the following criteria: i)

An uneconomic extension of any major municipal service will not be required.

ii)

That ribbon development of any type along highways or major roads will be discouraged.

iii)

As a condition of a consent being granted, proof must be provided that adequate potable water is available on the site or can be made available.

iv)

As a condition of a consent being granted, soils shall be suitable or made suitable to support an individual on-site wastewater treatment system subject to the approval of the authority having jurisdiction.

All parcels must have access to a public highway.

vi)

The Minimum Distance Separation requirements referred to in policy 9.2.10. are complied with.

vii)

Both the severed and retained parcels created by the consent would conform to the provisions of the Zoning By-law and are appropriate for the use proposed.

viii)

The proposed consent will not detract from or result in the loss of area of any wetland woodlot or other environmental feature shown on Schedule "B".

ix)

Both the severed and retained parcels would conform to the criteria set out in policy 19.7.1 of this Plan, where applicable.

Section 9.2.14.1. renumbered by OPA 438 Dec. 17/09)

9.2.14.2. Permitted Consents to Sever

A consent to sever land in the agriculture designation may only be granted under the following circumstances: i)

consent for farming operations in accordance with 9.2.14.3.;

ii)

consent for mortgage purposes in accordance with 9.2.14.4.;

iii)

lot corrections in accordance with 9.2.14.5;

iv)

surplus farm dwellings in accordance with 9.2.14.6.; and

agriculturally-related commercial and industrial uses in accordance

with 9.2.14.7. (Section 9.2.14.2. renumbered and amended by OPA 438 Dec. 17/09)

9.2.14.3. Farm Consent Parcel Size

It is the policy of this Plan to discourage the severing of smaller parcels from larger land holdings. In this regard, 40 hectares (100 acres) shall be regarded as the minimum size for a basic farm parcel. Council will discourage the severing of farm parcels which exceed 40 hectares in size; however, an application to sever may be permitted if the land is to be used for agricultural purposes and provided that the following criteria are met: i)

Both the severed and retained parcels are of sufficient size for the intended agricultural use including consideration of the methods of proper manure storage and disposal if there is a livestock operation existing or proposed for either of the severed or retained parcels.

ii)

Both the severed and retained parcels are of a nature and size, and have soil and drainage characteristics that are suitable to support an efficient farm unit, including full-time farm employment on each parcel.

iii)

The size of both the severed and retained parcels conforms to the provisions of the Zoning By-law. Should the severed or retained parcel not conform to the minimum lot area requirements of the Zoning By-law, an amendment to the By-law will be required.

(Section 9.2.14.3. renumbered by OPA 438 Dec. 17/09)

9.2.14.4. Consents for Mortgage Purposes

A consent shall only be granted for mortgage purposes when the appropriate policies of this Plan and the Zoning By-law can be satisfied with respect to the use to which the lands would be put if the mortgage is foreclosed and a separate lot created. (Section 9.2.14.4. renumbered by OPA 438 Dec. 17/09)

9.2.14.5. Lot Corrections

The granting of a consent for purposes of minor corrections or adjustments to lot boundaries shall be permitted provided: i)

The conveyance does not lead to the creation of an undersized or irregularly shaped lot unsuited to the purpose for which it is being used or to be used.

ii)

The lands being conveyed will be registered in the same name and title as the lands to which they are being added and shall be deemed from that date to be one parcel.

(Section 9.2.14.5. renumbered by OPA 438 Dec. 17/09)

9.2.14.6. Surplus Farm Dwellings

A consent to sever agricultural land to create a lot for an existing dwelling is permitted in accordance with the general consent policies in subsection 9.2.14., where the land being severed from the dwelling lot is to be added to an adjoining parcel, subject to the following:

The land being severed from the dwelling lot parcel must be registered in the same style and manner as the adjoining parcel

and shall be deemed from that date to be one parcel. ii)

The dwelling lot will be kept to a minimum size necessary to comply with the Zoning By-law and to accommodate individual onsite waste water treatment and water supply.

iii)

The dwelling lot cannot be severed if it is part of the farm cluster.

(Section 9.2.14.6. renumbered and amended by OPA 438 Dec. 17/09)

9.2.14.7. Agriculturally-re Commercial and Industrial Uses

A consent to sever agricultural land to create a lot for an agriculturallyrelated commercial or industrial use may be permitted provided the lot is kept to the minimum required to support the use, and to accommodate individual on-site wastewater treatment and water supply. (Section 9.2 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 9.2.14.7. renumbered and amended in the sidebar by OPA 438 Dec. 17/09)

9.2.15 Waste Management and Resource Recovery Area â&#x20AC;&#x201C; Introduction

The provisions in this Section apply to a specific defined area where it is appropriate to address development opportunities and constraints through specific policies that provide guidance to other polices contained in the Plan. The W12A Landfill is a waste management facility owned and operated by the City of London for the purpose of disposing of municipal solid waste. It was opened in 1977 and based on current flow of garbage is expected to have sufficient capacity to meet the needs of the City to the year 2023. The City of London initiated the W12A Landfill Area Study to develop a plan for the evolution of this Landfill facility as an integrated waste management and resource recovery centre and address land use impacts resulting from the continued use as a landfill facility and the added uses identified to maintain and expand the facility beyond 2023. The area study resulted in recommendations for inclusion of special policies in the Official Plan and related guidelines to address matters such as, impact mitigation, property acquisition and the introduction of uses related to waste management, resource recovery, by products and processes. The total area within the Waste Management and Resource Recovery policy area consists of approximately 280 hectares of land. The City is the primary landowner within this area.

9.2.15.1. Location

The lands affected by this policy, include the lands identified as Waste Management and Resource Recovery Area in the W12A Landfill Area Plan, and are generally located within the block bounded by Wellington Road South, Manning Drive, White Oak Road and Scotland Drive. Properties known municipally as 3137 and 3405 Scotland Drive and 5529, 5595, 5615, 5751 and 5879 Wellington Road South, which are located within this City block, do not form part of this specific policy area and are excluded. Any future changes to this defined boundary shall require an Official Plan Amendment.

9.2.15.2 Objectives

The City of London recognizes the importance of the existing W12A landfill and the suitability of the existing location to minimize

environmental and social impact while providing the important economic function of waste management. The adjacent site is also a suitable location for landfill expansion and the development of an integrated Resource Recovery Centre for municipally managed waste reduction, waste disposal, waste diversion and waste processing, using principles of sustainability which are socially, environmentally and fiscally responsible. The use of land within the Waste Management and Resource Recovery Area shall be directed towards the following objectives: i

To support the environment, public health and safety and the interests of residents by ensuring that all environmental, social and financial impacts of waste management / resource recovery activities are sufficiently controlled or mitigated in a timely manner.

To provide opportunities for future City of London waste management programs by defining and describing the land uses within the Waste Management/Resource Recovery area and securing an operating landfill site well into the future.

iii. To provide continuing public input and consultation. iv. To provide flexibility to accommodate future changes in technology and market demand. v. To promote a streamlined decision-making process for new waste management / resource recovery activities. vi. To identify and promote economic development and public interest opportunities arising from waste management / resource recovery activities. 9.2.15.3 Uses Permitted by Site Specific Zoning

In addition to the uses permitted in section 9.2.1 and 9.2.2 of the Plan, within lands identified as being located in the Waste Management and Resource Recovery Area, the following waste management / resource recovery uses may be permitted by site specific zoning, subject to the criteria listed in section 9.2.15, 17.4 and 17.5 of the Plan: i. ii. iii. iv. v. vi. vii. viii. ix.

Municipal waste disposal facility; landfill energy production system from landfill gas; a leachate pre-treatment/hauled liquid waste facility; public drop-off depot for municipal hazardous or special waste; community recycling drop-off depot; material recovery facility; yard waste composting facility; source separated organic composting facility; transfer stations associated with municipal waste disposal

xi. xii.

facilities; thermal, mechanical and biological processing of waste to reduce volumes, stabilize materials, treat residual waste and remove recyclables; other similar waste collection, processing and recovery functions; and, energy generation facilities, including wind and/or solar energy conversion system

Farm dwellings and secondary farm dwellings shall not be permitted within this area. Prior to the establishment of waste management activities, agricultural uses may be permitted. Waste management and resource recovery uses should be planned so as to cause the least disruption to existing agricultural uses and facilities.

9.2.15.4 Municipal Waste Disposal

The following policies presume that waste disposal activities will be subject to an approval under the Environmental Assessment Act. Should the Ministry of the Environment not require an environmental assessment, the City may require studies regarding environmental, economic and social impact. i.

The landfill site will consist of a fill area and a peripheral area. The fill area is where actual land filling activity is undertaken. The peripheral area will contain setbacks from other land use designations, and will permit uses accessory to a landfill activity such as buildings, equipment and material storage, access roads, stormwater collection ponds, environmental remedial facilities such as leachate collection and treatment, environmental monitoring systems and nuisance control measures.

ii. Access to a waste disposal area is permitted only from an approved Waste Management Truck Route 9.2.15.5 Resource Recovery

The following policies presume that waste processing activities may be subject to an approval under the Environmental Assessment Act. Should the Ministry of the Environment not require approval under the Environmental Assessment Act, the City may require studies regarding environmental, economic and social impact i.

It is intended that a wide range of waste processing and accessory uses be permitted and that this policy be used to encourage the utilization of new technologies.

ii. Access to a waste processing area will be permitted only from an approved Waste Management Truck Route. 9.2.15.6

The following policies presume that post closure activities will be subject

Post Closure of a Landfill Site

to a Certificate of Approval, and that the Ministry of the Environment will have final approval of any end use on a closed landfill for a period of 25 years in accordance with Section 46 of the Environmental Protection Act. i.

The principal post closure use will be passive open space. However, uses that are compatible, or can be made compatible with neighbouring ongoing waste management activities and adjacent land use designations, such as agricultural uses and active recreational uses, may be permitted.

ii. Uses accessory to a neighbouring waste management activity may be permitted. iii.

9.2.15.7 Implementation of the Waste Management and Resource Recovery Area Policy

Access to a closed landfill for uses not associated with a neighbouring waste management activity will only be permitted from Manning Drive The process included below will be followed for all applications to add or expand an existing waste management and resource recovery use: i.

Lands within the Waste Management and Resource Recovery Area will be zoned to reflect existing and approved uses. Residential uses, permanent or seasonal, will not be permitted. Existing residential uses will be made nonconforming, and subject to the Non-Conforming Uses policies found elsewhere in this Plan.

ii. Expansion of an existing waste management use or establishment of a new use must comply with the Cityâ&#x20AC;&#x2122;s Zoning By-law. iii. Once the application has been accepted, Municipal Council will consult with the Ministry of the Environment to ascertain which provincial approvals process will be followed and integrate the technical reviews and public consultation accordingly. Impact Assessments relating to air-quality, noise and dust may be required. iv. The Waste Management and Resource Recovery Area will be subject to the site plan control provisions of the Planning Act. The City, through the development of this area, shall incorporate landscape design measures to reduce the visual impact of the Waste Management and Resource Recovery Area site. Consideration will be given to establishing a landscape buffer along the west edge of the Policy Area and around the perimeter of Manning Drive, White Oak Road and Scotland Drive. v. The City shall establish a natural heritage strategy with respect to the protection of the Shore drain and any required

enhancement of the potential fish habitat. 9.2.15.8 Waste Management and Resource Recovery Area Truck Route

It is the intention of Municipal Council that all traffic destined for the Waste Management / Resource Recovery Area use the route so designated in the W12A Landfill Area Study, unless noted otherwise in other policies. Appropriate signage for all truck route roads shall be provided. Municipal Council will ensure that Waste Management and Resource Recovery Area traffic is monitored regularly and will take the appropriate action necessary to mitigate any negative impacts. Municipal Council will further ensure that those roads on the designated route will be upgraded and maintained to the standard necessary for the type and volume of traffic generated by the Waste Management and Resource Recovery Area.

9.2.15.9 Lot Creation

Further lot creation, either by consent or by plan of subdivision within the area identified as Waste Management and Resource Recovery Area, will not be permitted unless required to support approved landfill activities.

9.2.15.10 Surrounding Lands

The following policies will apply to lands located within a 1,500 metres radius around the boundary of the Waste Management and Resource Recovery Policy Area. i.

The City shall continue to work with landowners within a 1,500 metres radius of the Waste Management and Resource Recovery Policy Area to mitigate impacts related to odour, dust, litter and traffic.

ii. Within the Agricultural designation, the City shall discourage new Official Plan and/or Zoning By-law Amendments to allow the development of new residential uses or other sensitive land uses within a 1,500 metres radius of the Waste Management and Resource Recovery Policy Area to provide appropriate separation distance to mitigate impacts. iii. The City shall confine all municipal waste management and resource recovery uses and accessory uses to the Waste Management and Resource Recovery Policy Area iv. The principal use permitted will be agriculture and the agricultural policies found elsewhere in this Plan apply.(OPA #462)

9.3.

RURAL SETTLEMENT (Section 9.3 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

9.3.1. Primary Permitted Uses

Within areas designated Rural Settlement on Schedule "A" the primary use of land shall be single detached dwellings on lots suitably sized to allow for the proper siting and functioning of individual on-site water supply and wastewater treatment systems. Secondary residential units may be permitted subject to the ability of existing services to accommodate the proposed use.

9.3.2. Secondary Uses

In addition to the primary residential use, small-scale institutional uses such as parks, community centres, day care centres, group homes, schools and churches will be permitted in areas designated as "Rural Settlement' on Schedule "A". Small-scale commercial and industrial uses may also be permitted subject to policy 9.3.3.

9.3.3. Commercial and Industrial Uses

The establishment of new small-scale commercial or industrial uses or the conversion of an existing building to a small-scale commercial or industrial use may be permitted through a site-specific amendment to the Zoning By-law subject to compliance with the following criteria:

9.3.4. Residential Infill

the use does not require municipal water or sewer and any industrial operation shall be of a "dry" nature in that the use will not involve a significant number of employees, use significant amounts of water in its operations, or produce significant amounts of effluent;

ii)

the facility has direct access to a provincial highway or municipal road;

iii)

the adequacy and potability of water supply and the method of sewage disposal are satisfactory to the authority having approval jurisdiction;

iv)

adequate buffering in the form of screening, landscaping, setbacks, outdoor storage restrictions and similar measures to mitigate the potential adverse impacts of the proposed use on nearby residences can be provided;

adequate off-street parking is provided;

vi)

adequate storm water retention and drainage is available; and

vii)

the policies of Chapter 17.

Residential infill within Rural Settlement areas will be permitted subject to the following criteria: i)

Consents should be granted only in areas where there would be no undue extension of, or requirement for, any major service.

ii)

The adequacy and potability of the water supply and method of sewage disposal are satisfactory to the authority having approval jurisdiction.

iii)

The site of the infill development is located within the limits of the Rural Settlement designation and does not represent an extension of the existing strip or node of non-farm development into the agricultural area.

iv)

The policies of Chapter 17 are met.

9.3.5. Home Occupations

Home occupations which are secondary to a residential use may be permitted provided they are operated only by those residing on the property on which the home occupation is located and provided they are conducted entirely within the dwelling. The types of home occupation permitted and the standards applying to these uses shall be set out in the Zoning By-law.

9.3.6. Minimum Distance Separation Requirements

Any proposed rezoning or consent within a Rural Settlement designation that would reduce the distance between the built-up area and an existing livestock operation will be reviewed for its effects on the livestock operation in accordance with the Minimum Distance Separation (MDS) requirements. If the proposed rezoning or consent will result in a development that imposes operating constraints on the livestock operation, the rezoning or consent shall not be permitted.

9.3.7. Rural Settlement Areas

Development or redevelopment may be permitted within areas designated Rural Settlement in accordance with the policies of 9.3.; however, the expansion of Rural Settlement areas will not be permitted. (Section 9.3 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

9.4.

URBAN RESERVE (Section 9.4 renumbered by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

9.4.1. Areas Identified as Urban Reserve

Areas designated Urban Reserve - Community Growth and Urban Reserve - Industrial Growth are shown on Schedule "A" - the Land Use Map. Council may designate new Urban Reserve areas, or redesignate Urban Reserve areas to alternative land use designations, by amendment to this Plan. (Section 9.4.1 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

9.4.2. Permitted Uses

Because of concerns regarding premature development, Urban Reserve areas will be zoned to allow a limited range of uses based on the nature of their existing use.

9.4.3. Proposals for a Change in Designation

The "Urban Reserve - Community Growth" and "Urban Reserve Industrial Growth" designations are intended to provide a general indication of the mix of urban land uses proposed for the area. "Community Growth" areas will be composed of predominantly residential uses but will include commercial, institutional, and open space uses that are supportive of the community as well as provide employment opportunities in a community setting. "Industrial Growth" areas will be composed generally of uses that are permitted in the "Light Industrial", "General Industrial" and "Office Business Park" designations in Chapter 7 of this Plan.

Notwithstanding this general intent, lands within the Urban Reserve designations may be redesignated by Council for any use through the community planning process and resulting amendment to this Plan. (Section 9.4.3 deleted and replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

9.4.4. Site Specific Amendments

The preferred approach to planning areas designated "Urban Reserve" is through the Secondary Plan process as described in Section 19.2. Council may, however, review and adopt site specific Official Plan Amendments for lands designated "Urban Reserve" provided it does not negatively affect the community planning process on surrounding lands. (Section 9.4.4 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

9.4.5. Consent Policies

The severance of land within the Urban Reserve designation will be subject to the Agricultural Land Consent policies in policy 9.2.14. of this Plan. (Section 9.4.5 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

9.4.6. Specific Policies

The following specific policies serve as a guideline to the future development of Urban Reserve areas: (Section 9.4.6 renumbered by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Jackson District North

Within the undeveloped Urban Reserve area bounded by the Thames River/Meadowlily Woods on the north, Commissioners Road on the south, Jackson Road on the east and Highbury Avenue on the west, it is anticipated that there will be proposals to provide higher density housing forms and some commercial services for the future residents of the area. Consideration will be given to redesignating the lands to permit an appropriate mix of residential development and some commercial development. (Clause i) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Byron Gravel Pits

ii)

Within the Urban Reserve area east of North Street, south of Base Line and Commissioners Road, known as the Byron Gravel Pits, it is anticipated that the long-term land use of this area will be a mix of medium and high density housing types and recreational uses. Redevelopment of this area will be based on a comprehensive rehabilitation and development plan. Expansion of the existing licensed aggregate area and the realignment of North Street may be considered if it can be demonstrated that this will assist in the rehabilitation of the existing gravel pits and that compatibility with surrounding land uses can be achieved.

Kilally Road / Highbury Avenue

iii)

Within the Urban Reserve area bounded by the Thames River on the north, Fanshawe Conservation Area on the east and the former City boundary on the south, it is anticipated that the long-term land use for the area will be a mix of residential, commercial and open space. Future consideration will be given to amending the land use designations of this area to allow an appropriate mix of these uses. (Clause iii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (deleted Section 9.4.6 (iv) by OPA No. 290 - (03/08/10)

10.

POLICIES FOR SPECIFIC AREAS

10.1.

PURPOSE

10.1.1. Criteria

Notwithstanding the other land use policies contained in Section II of this Plan, policies for Specific Areas may be applied where the application of existing policies would not accurately reflect the intent of Council with respect to the future use of the land. The adoption of policies for Specific Areas may be considered where one or more of the following conditions apply: i)

The change in land use is site specific, is appropriate given the mix of uses in the area, and cannot be accommodated within other land use designations without having a negative impact on the surrounding area.

ii)

The change in land use is site specific and is located in an area where Council wishes to maintain existing land use designations, while allowing for a site specific use.

iii)

The existing mix of uses in the area does not lend itself to a specific land use designation for directing future development and a site specific policy is required.

iv)

The policy is required to restrict the range of permitted uses, or to restrict the scale and density of development normally allowed in a particular designation, in order to protect other uses in an area from negative impacts associated with excessive noise, traffic, loss of privacy or servicing constraints.

10.1.2. Planning Impact Analysis

Planning Impact Analysis will be required on all applications for policies for Specific Areas. The appropriate criteria to be applied will be determined from potential impacts on surrounding land use designations.

10.1.3. Specific Areas

The City may adopt new policies for Specific Areas by amendment to this Plan. The following specific policies have been adopted by Council:

Wharncliffe Road at Commissioners Road

In the Office Area designation at the southeast corner of Wharncliffe Road and Commissioners Road West, in addition to uses permitted in the Office Area designation, small-scale retail uses may be permitted on the ground floor of office buildings.

Central Avenue

ii)

In the Low Density Residential designation on the properties fronting onto Central Avenue, between Adelaide and Ontario Streets, a limited range of commercial uses which have a minimal impact on surrounding residential uses will be permitted. Permitted uses include low density residential uses; personal and business services; service and repair establishments; studios; small-scale offices; and

office conversions. Development shall be restricted to a scale which is consistent with the surrounding residential area. 303 Wellington Road

iii)

In the Low Density Residential designation at 303 Wellington Road, in addition to uses permitted in the Low Density Residential designation, small-scale offices, studios, picture framing establishments, and personal service establishments may also be permitted. (Clause iii) amended by OPA No. 298 - approved 05/01/31)

Wellington Street/ Wolfe Street

iv)

In the Office Area designation, south of Wolfe Street on the east side of Wellington Street, in addition to uses permitted in the Office Area designation, a performing arts centre and public auditorium, together with accessory uses, may also be permitted. (Clause iv) amended by OPA No. 298 - approved 05/01/31)

Oxford Street East at St. George

In the Multi-Family, High Density Residential designation at 130-160 Oxford Street East, in addition to the uses permitted under policy 3.5.3. i) of this Plan, secondary uses of a limited size, including clinics; dry cleaning and laundry depots; duplicating shops; financial institutions; laboratories; personal services; pharmacies; restaurants; studios; and computer/office supply retail stores, may be permitted on the ground floor of new apartment and/or office buildings.

307-365 Commissioners Road West

vi)

In the Multi-Family, High Density Residential designation at 307-365 Commissioners Road West, in addition to the uses permitted in the Multi-Family, High Density, Residential designation, stand-alone office buildings may be developed at a height of up to five storeys. Secondary uses of a limited size, including personal service establishments, eatin restaurants, financial institutions and convenience stores, may be permitted within buildings containing offices and/or apartments.

363 and 355 Clarke Road

vii)

In the Multi-Family, Medium Density Residential designation at 363 and 355 Clarke Road, in addition to the uses permitted in the Multi-Family, Medium Density Residential designation, a senior citizens apartment building, with a maximum density of 150 units per hectare (60 units per acre) and a maximum height of 6 storeys, may be permitted. (Clause vii) amended by OPA No. 298 - approved 05/01/31)

116, 128-130, 134 Mill Street, 694 Talbot Street

viii)

In the Multi-Family, Medium Density Residential designation at 116, 128-130 and 134 Mill Street and 694 Talbot Street, in addition to the uses permitted under policy 3.5.1. v), a new office building in conjunction with the retained building at 116 Mill Street may be permitted,

provided 116 Mill Street is rehabilitated and integrated with the new office building. 600 Colborne Street, 416 Central Avenue

ix)

In the Multi-Family, High Density Residential designation at 600 Colborne Street and 416 Central Avenue, in addition to the uses permitted in the Multi-Family, High Density Residential designation, office uses may be permitted on the first two floors of an apartment building.

Southwest Corner of Dundas Street and Airport Road

Deleted by OPA No. 83 - approved by MMAH 96/04/24

555-557 Ridout Street

Deleted by OPA No. 68 - approved by MMAH 95/06/09

169-175 Commissioners Road West

In the Multi-Family, High Density Residential Designation at 169-175 Commissioners Road West, in addition to the uses permitted in the Multi-Family, High Density Residential designation, personal service establishments and dry cleaning and laundry depots may be permitted within buildings containing offices and/or apartments.

840 Wellington Road

xi)

In the Highway Service Commercial designation at 840 Wellington Road, in addition to the uses permitted in the Highway Service Commercial designation, Home Improvement and Furnishing Stores may be permitted to a maximum gross floor area of 200 square metres (2,153 square feet). (Clause xi) amended by OPA No. 298 - approved 05/01/31)

291 Springbank Drive

xii)

In the Arterial Mixed-Use District designation at 291 Springbank Drive, in addition to the uses permitted in the Arterial Mixed-Use District designation, automobile sales and service establishments may also be permitted.

178-188 Thompson Road

xiii)

In the Multi-Family, Medium Density Residential Designation at 178-188 Thompson Road, office conversions may also be permitted within the existing structures.

North side Exeter Road between Greenfield Drive and Holiday Avenue

xiv)

In the Commercial Policy Area designation on the north side of Exeter Road between Greenfield Drive and Holiday Avenue, small-scale retail uses and a wide range of office uses may be permitted in a medium-scale office building.

Oxford Street West and Hyde Park Road

xv)

(Clause xiv) amended by OPA No. 298 - approved 05/01/31)

In the Office Area designation at the northeast corner of Oxford Street West and Hyde Park Road, secondary uses as permitted in Section 5.2.2. shall not be permitted in a free-standing structure. (Clause xv) amended by OPA No. 298 - approved 05/01/31)

South Side of

xvi)

In the Open Space Designation at 1275 Hamilton Road, in

Hamilton Road, between Clarke Road and Pottersburg Creek

addition to the uses permitted in the Open Space designation, a hotel in conjunction with indoor and outdoor recreational facilities may also be permitted. (Clause xvi) amended by OPA No. 298 - approved 05/01/31)

250 Wortley Road

xvii)

In the Low Density Residential designation at 250 Wortley Road, on the southeast corner of Wortley Road and Tecumseh Avenue East, in addition to uses permitted in the Low Density Residential designation an office conversion for medical/dental purposes may also be permitted notwithstanding the provisions of policy 3.6.9 of this Plan.

1398 Wellington Road

xviii)

In the Light Industrial designation at 1398 Wellington Road, in addition to the uses permitted under policies 7.3.1. and 7.3.2. a limited range of service commercial uses may also be permitted, including home improvement and furnishing stores; home appliance stores; duplicating shops; hardware stores; service and repair establishments; repair and rental establishments; automobile supply stores; animal hospitals and catalogue stores.

545-549 Commissioners Road West

xix)

In the Low-Density Residential designation at 545-549 Commissioners Road West in addition to the uses permitted in the Low-Density Residential designation, office uses may be permitted. Zoning on these sites and site plan approval will require that such development is sensitive to adjacent low-density uses. (Clause xix) amended by OPA No. 247 - approved 02/03/04)

585 Waterloo Street

xx)

In the Low Density Residential designation at 585 Waterloo Street, in addition to the uses permitted in the Low Density Residential designation, a small-scale office development will be permitted, provided it can be integrated with the surrounding residential area.

1125-1155 Wellington Road

xxi)

In the Associated Shopping Area Commercial designation located at 1125-1155 Wellington Road, notwithstanding Section 4.5.4. ii), Size of Shopping Centres and Individual Uses, the proposed commercial development may attain a maximum gross leasable area (G.L.A.) of 21,500 m2 (230,000 sq.ft.).

1464 Adelaide Street North

xxii)

520 Sovereign Road and 2323 Trafalgar Street

xxiii)

Deleted by OPA No. 177 - approved 99/11/19

In the Light Industrial designation located on the north-east and south-west corners of Trafalgar Street and Sovereign Road, municipally known as 520 Sovereign Road and 2323 Trafalgar Street, in addition to the uses permitted under the policies of Subsection 7.3., a portion of the building may also be used as a retail store provided it is associated with

another permitted use. 809 Central Avenue

xxiv)

In the Low Density Residential designation at 809 Central Avenue, in addition to the uses permitted in the Low Density Residential designation and the Policies for Specific Areas, Central Avenue, permitted uses shall include the following: building or contracting establishments; repair and rental establishments; printing establishments; and cabinet or furniture makers.

78-82 Stanley Street

xxv)

In the Multi-Family, Medium Density Residential designation at 78-82 Stanley Street a maximum of 12 dwelling units may be permitted provided: (a)

the dwellings are contained within the buildings, including minor additions, existing on May 11, 1992.

(b)

the average dwelling unit floor area should be no less than 65 square metres (700 square feet). (Clause xxv) amended by OPA No. 298 - approved 05/01/31)

North Side of CPR East of Colborne Street

xxvi)

In addition to the uses permitted in the Low Density Residential designation, office uses may be permitted. The zoning, in the interim, for these lands shall reflect their existing uses. Any rezoning shall require that such development is sensitive to the adjacent low density residential uses. These lands are identified by a dashed line on "Schedule "A" - Land Use".

354 Pond Mills Road

xxvii)

In the Multi-Family, High Density Residential designation at 354 Pond Mills Road, in addition to the uses permitted in the Multi-Family, High Density Residential designation, office conversions may also be permitted within the existing structures, subject to the policies of Section 3.6.9. i), iv), v) and vi).

1207 Adelaide Street North

xxviii)

854 Richmond Street

xxix)

Deleted by OPA No. 111 - approved by MMAH 98/04/16

In the Low Density Residential designation on the lands located at 854 Richmond Street, in addition to the permitted uses, a maximum nine dwelling units; hair dressing business and boutique on the ground floor only; and storage and utilities are permitted in the basement. (Clause xxix) amended by OPA No. 298 - approved 05/01/31)

824 Exeter Road

1160 Highbury Avenue North

xxx)

xxxi)

(Clause xxx) deleted by OPA No. 298 - approved 05/01/31)

In the Low Density Residential designation located at the northeast corner of Highbury Avenue North and Cheapside Street, municipal address 1160 Highbury Avenue North, restaurants may also be permitted in addition to the uses

permitted under policy 3.6.5. (Clause xxxi) amended by OPA No. 298 - approved 05/01/31)

Northwest Quadrant, Richmond Street and Fanshawe Park Road

xxxii)

In the Associated Shopping Area Commercial designation in the northwest quadrant of Richmond Street and Fanshawe Park Road, in addition to the permitted Associated Shopping Area Commercial uses listed under section 4.5.2., all types of office uses may be permitted. Notwithstanding section 4.5.4., offices may be located in multi-use buildings or purpose-designed buildings at a greater scale and height than would normally be permitted in areas designated Associated Shopping Area Commercial. All such multi-use buildings and purposedesigned buildings constructed at such greater scale or height shall not, taken as a whole, exceed a maximum gross floor area of 4,645 square metres (50,000 square feet) or exceed a maximum height of 16 metres (52.5 feet). Furthermore, notwithstanding Section 4.5.2 i), supermarkets and grocery stores shall not be permitted uses in the area designated Associated Shopping Area Commercial.

West side of Adelaide Street, North of South Branch Thames River, South of Nelson Street

xxxiii)

In the Restricted Service Commercial designation on the west side of Adelaide Street, north of the south branch of the Thames River and south of Nelson Street, in addition to the Restricted Service Commercial permitted uses, offices will also be permitted.

Northeast Corner Bradley Avenue and Wellington Road

xxxiv)

(Clause xxxiii) amended by OPA No. 298 - approved 05/01/31)

In the designation of the north-east corner of Bradley Avenue and Wellington Road, offices including a limited range of secondary commercial uses including a commercial school may be permitted. (Clause xxxiv) amended by OPA No. 174 - approved 99/10/08)

101 Brookside Street

xxxv)

In the Multi-Family High Density Residential designation at 101 Brookside Street, in addition to the uses permitted in the Multi-Family, High Density Residential designation, single, semi-detached, duplex, triplex and fourplex dwellings may be permitted.

1350 Webster Street

xxxvi)

Lands known municipally as 1350 Webster Street shall be interpreted as constituting the northerly limit of Multi-Family, Medium Density Residential designation on the east side of Webster Street, north of Bentley Drive and, in combination with lands to the south at 1344 and 1346 Webster Street, may permit the development of a non-profit townhouse complex at a density of up to 40 units per hectare (16 units per acre).

720 Proudfoot

xxxvii)

A Fast Food Restaurant in the existing building may be permitted in addition to the uses permitted in the Open

Space designation. 761 and 765 Elizabeth Street and 647 Oxford Street East

xxxviii)

In the Low Density Residential Designation at 761, 765 Elizabeth Street and 647 Oxford Street, in addition to the uses permitted in the Low Density Residential Designation, a range of arterial commercial land uses may be permitted including retail stores.

2215 Trafalgar Street

xxxix)

In the Office Business Park designation at 2215 Trafalgar Street, in addition to the uses permitted in the Office Business Park designation, Section 7.4., assembly halls and commercial recreation centres may also be permitted.

544 Talbot Street (formerly known as 120 Kent Street)

xl)

The provisions of Official Plan Amendment No. 62 do not apply to the portion of the property known as 544 Talbot that was formerly known as 120 Kent Street.

Exeter Road Corridor

xli)

(Clause xl) amended by OPA No. 298 - approved 05/01/31)

In addition to the uses permitted in the Light Industrial designation or the General Industrial designation, ancillary retail uses may be permitted on both sides of Exeter Road between White Oak Road and Wonderland Road South provided they are within developments existing on the day this Plan comes into effect and they do not exceed 25% of the total gross floor area of the permitted industrial use. (Clause xli) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Tempo Area

xlii)

In the Agriculture designation for lands fronting on the east and west sides of Colonel Talbot Road (Highway 4), north and south of Highway 401, between Lot 49 and the south half of Lot 58 to a depth of approximately 350 metres; the south side of Tempo Road; and the north and south sides of Glanworth Drive extending approximately 400 metres east of Highway 401 and 400 metres west of Colonel Talbot Road; in addition to the uses permitted in the Agriculture designation, the following policies apply: (a)

A limited range of "dry" industrial uses including assembling, fabricating, and repair activities within enclosed buildings; warehouse and wholesale establishments; transportation terminals; and any other use that is required to locate in this area because of the proximity with Ford Talbotville may also be permitted. A limited range of commercial uses that serve the traveling public and the industrial uses in the area including gas bars, automobile service stations, truck service facilities, convenience commercial uses and other uses permitted under the Highway Service Commercial designation may also be permitted. Existing uses will be recognized in the Zoning By-law. New uses

will be considered on the basis of a site specific zoning by-law amendment application. (b)

The Zoning By-law will restrict the location and amount of outside storage, and for those properties which abut Colonel Talbot Road (Highway 4) or Highway 401, such restrictions shall ensure the site will make a positive contribution to the visual image of the City. Development in this area is intended to be compact. In order to achieve this, 0.81 hectares shall be the minimum lot size for development.

(c)

Under no circumstances will direct access to Highway 4 be permitted unless previous approvals have been granted by the Ontario Ministry of Transportation.

(d)

The policies of Section 17.2. which limit uses to a "dry" nature.

(e)

Council may require the preparation of an area study as described in Section 19.2. prior to the consideration of a zoning by-law amendment to permit non-agricultural uses in the Tempo Area.

(f)

In the Agriculture designation on lands described as Part Lot 57, Con. W.N.B.T.R., in addition to the Agriculture permitted uses, truck terminals may also be permitted. (Sub-clause (f) added by OPA No. 141 - approved 98/12/04

(Clause xlii) added by OPA No. 88, OMB Order No. 2314 - approved 99/12/23) (Clause xliii) added by OPA No. 88 - OMB Order No. 2314, approved 99/12/23) (Clause xliii) amended by OPA No. 298 - approved 05/01/31 (Clause xliii deleted by 477 â&#x20AC;&#x201C; March 29th, 2010)

City Landfill Site

1497 and 1543 Wilton Grove Road

xliii)

In the Agriculture and Environmental Review designation located at 1497 Wilton Grove Road (Total area - 13 hectares) and the Agriculture designation located at 1543 Wilton Grove Road, in addition to the uses permitted in the Agriculture designation, a transport terminal, trucks sales and service establishment, and warehouse establishment may also be permitted. (OPA 441, C.P.1284(ov)-65)

xliv) (Clause xliv) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23 Amended by OPA 217 - 01/05/07 - Amended by OPA 267 - 03/02/17

Avenue Road

xlv)

The Rural Settlement designation located on Avenue Road at Dingman Drive may be extended to include lands designated Environmental Review along the west side of

Avenue Road, where it can be demonstrated to the satisfaction of the City and the Upper Thames River Conservation Authority that flooding and erosion concerns can be adequately addressed in conformity with the policies of this Plan. (Clause xlv) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) 1152 Fanshawe Park Road East

xlvi)

(Clause xlvi) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause xlvi) amended by OPA No. 298 - approved 05/01/31) (Clause xlvi) deleted by OPA No. 298 - approved 05/01/31)

301-303 Central Avenue

xlvii)

In the Low Density Residential Designation on the lands located at 301-303 Central Avenue a maximum of seven (7) dwelling units may be permitted in the existing building.

305-307 Central Avenue

xlviii)

In the Low Density Residential Designation on the lands located at:

971 Commissioners Road East

xlix)

(a)

305 Central Avenue a maximum of four (4) dwelling units may be permitted in existing buildings.

(b)

307 Central Avenue a maximum of four (4) dwelling units may be permitted in the existing main building; and a maximum of two (2) dwellings may be permitted in the existing converted accessory building.

Notwithstanding the policies of 4.3.6.ii), Locational Criteria for Regional Community and Neighbourhood Shopping Areas, lands located on the south-west corner of Commissioners Road East and Frontenac Road, municipally known as 971 Commissioners Road East, may be designated Neighbourhood Shopping Area. (Clause xlix) added by OPA No. 97 - approved by MMAH 97/04/17)

575 Pall Mall Street

Prior to any development in the Low Density Residential designation at 575 Pall Mall Street, the applicant shall submit an MOEE-acknowledged "Report of Site Condition (RSC)" to the City of London. (Clause l) added by OPA No. 100 - approved by MMAH 97/08/14)

1163 Hamilton Road

li)

In the Low Density Residential designation located on the south side of Hamilton Road, east of Gore Road, municipally known as 1163 Hamilton Road, in addition to the uses permitted under the policies of subsection 3.2., Low Density Residential, the lands may also be used for a food store, not to exceed 186 square metres (2,000 square feet), and a warehouse establishment. The total gross floor area for warehouse/food store uses shall not exceed 558 square metres (6,000 square feet). (Clause li) added by OPA No. 19 - approved by MMAH 98/04/08)

826, 828 and 830 King Street

lii)

In the Multi-Family, Medium Density Residential designation on lands located at 826, 828 and 830 King Street, north side, between Rectory and Ontario Streets, in addition to the Multi-Family, Medium Density Residential permitted uses, restaurants may also be permitted. (Clause lii) added by OPA No. 99 - approved 97/06/13)

Northeast Quadrant, Wharncliffe South and Southdale Road

liii)

In the Community Shopping Area designation located at the northeast quadrant of Wharncliffe Road South and Southdale Road, in addition to those uses permitted within the Community Shopping Area designation under policy 4.3.2., cinemas and theatres in excess of 1,000 m2 (10,765 sq.ft.) may also be permitted. (Clause liii) added by OPA No. 95 - approved by MMAH 98/06/25)

328 Commissioners Road West

liv)

In the Neighbourhood Shopping Area designation at 328 Commissioners Road West, in addition to the uses permitted in the Neighbourhood Shopping Area designation, Section 4.3.2., commercial storage unit(s) may also be permitted. (Clause liv) added by OPA No. 122 - approved 98/08/07)

569. 575 and 581 Wonderland Road South

lv)

In the Low Density Residential designation on lands located on the northwest corner of Wonderland Road South and Commissioners Road West, municipally knows as 569, 575 and 581 Wonderland Road South, in addition to the Low Density Residential permitted uses, limited retail stores, offices, financial institutions and studios may also be permitted. (Clause lv) amended by OPA No. 247 - approved 02/03/04)(O.M.B. Case No. PL020377, Issue Date: January 14, 2003 - Decision/Order No. 0055)

Southwest Corner Belmont Drive and Wharncliffe Road South

lvi)

Notwithstanding the policies of 4.3.6.ii), Locational Criteria for Regional, Community and Neighbourhood Shopping Areas, lands located on the southwest corner of Belmont Drive and Wharncliffe Road South may be designated Neighbourhood Shopping Area. (Clause lvi) added by OPA No. 144 - approved 99/01/26) (Clause lvi) amended by OPA No. 298 - approved 05/01/31)

1135 Adelaide Street North

lvii)

In the High Density Residential designation at 1135 Adelaide Street North, in addition to the uses permitted in the High Density Residential designation, Section 3.4.1., secondary uses of a limited size, including financial institutions, business service establishments, personal service establishments, studios and pharmacies may be permitted within the existing office building. (Clause lvii) added by OPA No. 147 - approved 99/02/19)

South Side of Oxford Street East at Gammage Street

lviii)

Notwithstanding the policies of section 4.3.6.ii), Location Criteria for Regional, Community and Neighbourhood Shopping Areas, lands located at the south side of Oxford Street at Gammage Street may be designated Community

Shopping Area permitting a stand alone supermarket. (Clause lviii) added by OPA No. 142 - approved 99/04/22)

1744 Sunningdale Road West

lix)

In the Agriculture designation at 1744 Sunningdale Road West, located on the south side of Sunningdale Road West, approximately 400 metres west of Hyde Park Road, a consent to allow the severance of the existing non-farm residential unit with any accessory buildings from the larger agricultural parcel may be permitted provided that no new non-farm residential use may be developed on the larger retained parcel. (Clause xlvii) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Woodhull Road Lime Kiln Drive Rural Settlement

lx)

Lands within the Rural Settlement designation located south of Lime Kiln Drive and east of Woodhull Road may be developed for the purposes of a rural estate residential subdivision provided that an environmental impact study is undertaken prior to the approval of the subdivision to determine measures for the protection and, if appropriate, enhancement of the environmental features shown on Schedule "B" within and abutting the Rural Settlement designation; and that the subdivision shall consist of large rural residential lots comparable to those on the north side of Lime Kiln Drive. (Clause lx) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

2701 Hyde Park Road

lxi)

In the Agriculture designation at 2701 Hyde Park Road located on the east side of Hyde Park Road, abutting the City boundary, one consent to sever the existing non-farm residential use from the larger agricultural parcel may be permitted. (Clause lxi) added by OPA No 88 - OMB Order No. 2314 - approved 99/12/23)

3557 and 3493 Colonel Talbot Road

lxii)

In the Urban Reserve - Community Growth designation at 3557 Colonel Talbot Road and 3493 Colonel Talbot Road on the west side of Colonel Talbot Road, north of the Southwinds subdivision: (a)

a consent on each property to allow the severance of the existing non-farm residential dwelling with accessory buildings from the larger retained parcel will be permitted; and

(b)

the severance provided for in (a) will not preclude the construction of a new farm dwelling on the larger retained parcel on each property provided that the retained lands are being used for agricultural purposes and that the farm dwelling is located in such a way that it can be made part of a future overall urban development scheme for the retained parcel. (Clause lxii) added by OPA No. 88- OMB Order No. 2314 - approved

99/12/23)

9391 Elviage Drive

lxiii)

In the Agriculture designation that applies to a portion of the lands known municipally as 9391 Elviage Drive, in addition to other permitted uses, consents allowing residential infill may be permitted in accordance with the policies in Section 9.3. (Clause lxiii) added by OPA No. 88- OMB Order No. 2314 - approved 99/12/23)

South West Corner of Sunningdale Road and Highbury Avenue

1579 Oxford Street East / 30 and 35 Jim Ashton Street

lxiv)

lxv)

(Clause lxiv) deleted by OPA No. 298 - approved 05/01/31)

In the Neighbourhood Shopping Area designation at 1579 Oxford Street East, and in the Multi-Family, High Density Residential designation at 30 Jim Ashton Street and 35 Jim Ashton Street, in addition to the uses permitted by these land use designations, a range of service commercial and light industrial uses are allowed within the existing buildings including such uses as bakeries, building or contracting establishments, building supply outlets, commercial schools, manufacturing and assembly industries with related sales, support offices, warehouse establishments and wholesale establishments. (Clause lxv) added by OPA No. 160 - approved 99/06/26)

1329 Fuller Street

lxvi)

In the Low Density Residential designation on the lands located at 1329 Fuller Street, on the southwest corner of Fuller Street and Highbury Avenue, in addition to the uses permitted in the Low Density Residential designation, the following uses may be permitted: offices, medical/dental offices, personal service establishments, financial institutions, studios, commercial schools, clinics and video rental establishments. (Clause lxvi) added by OPA No. 159 - approved by OMB 99/07/07)

83 Centre Street and 86 Base Line Road West

lxvii)

In the Multi-Family, High Density Residential designation on lands located on the south side of Centre Street and on the north side of Base Line Road West, municipally known as 83 Centre Street and 86 Base Line Road West in the City of London, churches may also be permitted. (Clause lxvii) added by OPA No. 173 - approved 99/10/08)

Wetlands

2313 and 2359 Westminster Drive

1350 Wharncliffe Road South

lxviii)

See Section 10.1.3. lxxv) (Clause lxviii) deleted by OPA No. 298 - approved 05/01/31)

lxix)

(Clause lxix) added by OPA No. 176 - approved 99/11/19) (Clause lxix) deleted by OPA No. 298 - approved 05/01/31)

lxx)

Lands within the Urban Reserve - Industrial Growth designation, located on the south side of Wharncliffe Road South, north of Exeter Road, known municipally as 1350 Wharncliffe Road South, may be developed for the purposes of: an antique shop; a restaurant associated with

an antique shop; a self storage building; general offices; and the sale of seasonal nursery and garden stock in legally existing buildings in addition to the uses permitted in the Urban Reserve - Industrial Growth designation. (Clause lxx) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

North of Dingman Drive, South of Highway 401, West of Castleton Road and East of Wellington Road South

lxxi)

The area of the City of London south of Highway 401 is recognized as being largely industrial in nature. A portion of the lands south of Highway 401 have been designated for various commercial purposes. In the specific area designated Restricted Service Commercial bounded by Highway 401, Dingman Drive, and the westerly rear lot lines of existing commercial lots west of Wellington Road ("the Lands"), hotels and electronics stores with a size limitation may be permitted in addition to the permitted Restricted Service Commercial uses. Lands are appropriate for service uses and a limited range of retail uses. For greater certainty, it is noted that the Restricted Service Commercial designation does not permit department stores, food stores, or general retail stores, and it is not intended that such uses be developed on the Lands. The Lands are not intended to serve a retail or service function that detracts from the retail and service functions of the Downtown, existing or planned Shopping Areas, or Commercial Policy Area designations located elsewhere in the City. Any proposed change in permitted uses on the Lands requiring an Official Plan Amendment and/or Zoning Amendment will be evaluated based on all of the following criteria: (a)

the proposed use(s) for the Lands must be compatible with the largely industrial nature of the surrounding area;

(b)

full justification for the change in use must be provided, including analysis of existing predesignated and pre-zoned opportunities for such uses, and all reasonable opportunities for redevelopment and retrofit of existing commercial land uses and buildings;

(c)

Planning Impact Analysis will be undertaken in accordance with the provisions of Section 4.8 of the Official Plan;

All properties within the Lands will be served by a public road access extending south from Roxburgh Road to Dingman Drive. The final delineation and standards for this

road will be subject to approval by the City. A plan of subdivision or site plan is required to ensure that access and servicing will be addressed in a comprehensive manner and to acceptable municipal standards. (Clause lxxi) added by OMB Order No. 1843 - issued 98/07/21) (Clause lxxi) amended by OPA No. 298 - approved 05/01/31)

Hyde Park

Southeast Corner of Hyde Park and Fanshawe Park Road

lxxii)

lxxiii)

In the Light Industrial designation on the west side of Hyde Park Road, between Gainsborough Road and Fanshawe Park Road West, it is expected over the long term that the existing industrial area and vacant lands will develop as a prestige industrial area with a higher degree of office-based light industrial uses with higher design standards. Deleted by OPA No. 332 - approved by MMAH 2005/04/07)

562 Waterloo Street

lxxiv)

Notwithstanding Policy 3.5.4. and 3.6.9., the existing office conversion at 562 Waterloo Street may be expanded by 50% of the existing Gross Floor Area.

Wetlands

lxxv)

The various wetlands identified on Schedule "B" - Flood Plain and Environmental Features, for the Uplands and Stoney Creek Community Planning Areas, have been identified as Locally Significant Class 4 - 7. Where the boundaries of these wetlands and/or wetland complexes have been established through an environmental study or an Environmental Impact Study, the land within these boundaries may be designated as Open Space on Schedule "A". All other portions of the wetland areas have been designated as Environmental Review until an Environmental Impact Study is completed. To determine the ultimate land use designations of the areas designated Environmental Review, the Environmental Impact Study shall be completed in accordance with Section 15.5.1. (Clause lxxv) added by OMB Order No. 1610 - issued 99/08/30 and by OMB Order No. 0337 - issued 00/03/08)

289 Wellington Road

lxxvi)

In the Low Density Residential designation at 289 Wellington Road, in addition to uses permitted in the Low Density Residential designation, offices and an animal hospital may also be permitted within the existing building.

123 Wortley Road

lxxvii)

In the Low Density Residential designation at 123 Wortley Road, in addition to uses permitted in the Low Density Residential designation, offices and personal services establishments may also be permitted within the existing building.

Number not in use

lxxviii)

Stoney Creek North Planning Area

lxxix)

(Clause lxxix) deleted by OPA No. 298 - approved 05/01/31)

Stoney Creek North Planning Area

lxxx)

In the Stoney Creek North Planning Area between Adelaide Street and Highbury Avenue, north of Sunningdale Road, where residential development is proposed for lands that abut actively farmed lands in the Township of MiddlesexCentre, consideration shall be given to measures in the zoning regulations and as conditions to plan of subdivision approval to mitigate possible impacts of normal agricultural practices on nearby residential uses, such as noise, dust, spray drift, and agricultural run-off, as well as potential impacts of urban development on agricultural operations, such as trespass or refuse dumping.

South West Corner of Westdale Avenue and Wharncliffe Road

lxxxi)

A small scale Home Improvement and Furnishing Store is permitted within the existing office building.

Hyde Park Road/ Sunningdale Road

lxxxii)

In the Open Space designation, the six properties located on Sunningdale Road and Hyde Park Road will be considered through the Zoning Amendment process for secondary land uses under the Multi-Family Medium Density Residential designation including funeral homes, office conversions and commercial recreation facilities. (OPA 150-LON-Clause lxxxii) added by OMB Order No. 0326 - issued 00/03/06)

1152 Fanshawe Park Road East

lxxxiii)

1171, 1175, 1193, 1203 and 1215 Sunningdale Road East

lxxxiv)

(Clause lxxxiii) added by OPA No. 131- OMB Order No.2015 - issued 99/11/01) (Clause lxxxiii) deleted by OPA No. 298 - approved 05/01/31)

In the designated multi-family medium density residential located at 1171, 1175, 1193, 1203 and 1215 Sunningdale Road East notwithstanding policies of Section 3.3.1., neighbourhood commercial uses may be permitted subject to a market needs study to the satisfaction of the Commissioner of Planning, prior to zoning approval. (Clause lxxxiv) added by OPA No. 131- OMB Order No. 0143 - issued 00/02/03) (Clause lxxxiv) amended by OPA No. 298 - approved 05/01/31) (Clause lxxxiv) amended by OPA No. 374 - approved 2005/11/21)

2135 Highbury Avenue North

lxxxv)

In the designated Multi-Family Medium Density Residential located at 2135 Highbury Avenue North, notwithstanding the policies of Section 17.2.4., church, school and day care uses may be permitted on private temporary water and sewerage systems prior to full municipal services which will be utilized when made available. (Clause lxxxv) added by OPA No. 131- OMB Order No. 0143 - issued 00/02/03) (Clause lxxxv) amended by OPA No. 298 - approved 05/01/31)

River Bend Phase

lxxxvi)

Notwithstanding policies of the Low Density Residential designation to the contrary, apartment buildings may be

1 Lands

permitted in the Low Density Residential designation within the River Bend Phase 1 lands. Apartment buildings: may not exceed 27 metres (88.5 ft.) in height; may only be located in an area central to the planned Phase 1 development; and, will be limited in the total number of units such that the overall density of the Phase 1 development does not exceed 30 units per hectare (12 units per acre) of the residentially designated land area. (Clause lxxxvi) added by OPA No. 121, as modified by the O.M.B., Decision/Order No. 0852 - issued June 7, 2000.)

350 and 356 William Street and 545, 551 and 556 King Street

lxxxvii)

In the Office/Residential Area designation at the southeast corner of William Street and King Street, municipally known as 350 and 356 William Street and 545, 551 and 563 King Street, in addition to the uses permitted in the Office/Residential Area designation, Section 5.3.1, a funeral home may be permitted as a free-standing use. (Clause lxxxvii) added by OPA No. 213 - approved 01/03/05

254 Gideon Road

lxxxviii)

In the Agriculture designation on lands located at the read portion of 254 Gideon Road, north-east corner of Elviage Drive and Woodhull Road, due to the site configuration and lack of suitability for modern farming practices, a severance to create a rural estate lot for a non-farm dwelling may also be permitted. (Clause lxxxviii) added by OPA No. 218 - approved 01/05/07)

South Side of Horton Street, Wharncliffe Road South and Johnston Road

lxxxix)

Small scale, low profile office uses with limited secondary accessory uses are permitted in the low Density Residential designation.

827 Nadine Avenue

(Clause lxxxix) added by OPA No. 216 - approved 01/04/17)

xc)

In the Multi-Family, Medium Density Residential Designation of lands located at 827 Nadine Avenue, a small scale, specialty retail store to a maximum floor area of 139.35 square metres (1,500 square feet) in an existing building may be permitted in addition to the uses permitted in the designation. (Clause xc) added by OPA No. 224 - approved 01/08/07)

117 Pond Mills Road

xci)

In the Multi-Family, High Density Residential designation on lands located at 117 Pond Mills Road and including the portion to be severed, the 0.23 hectare (.69 acre) parcel may be severed into two parcels and the construction of a new single detached dwelling on the retained parcel is permitted. (Clause xci) added by OPA No. 229 - approved 01/11/16)

Lands North of Shore Road East of Westdel

xcii)

Notwithstanding the policies of the Community Facility designation, District Parks may be permitted in the Community Facility designation within the River Bend

Bourne

Community Planning area. The located of uses permitted in the Community Facility designation will be determined through a comprehensive facilities planning and design exercise. (Clause xcii) added by OPA No. 222 - issued 01/11/29, OMB File No. O010143, Decision Order No. 1958 - Approval Authority File No. O-5998)

6100 White Oak Road

xciii)

On those lands designated Open Space in Schedule "A", Land Use, to the Official Plan for the City of London, permitted uses are limited to a cemetery and agricultural uses. Structures related to the cemetery use such as a place of assembly, mausoleum, or crematorium is prohibited. (Clause xciii) added by OPA No. 239 - issued 2004/12/24, OMB File No. O020165, Decision Order No. 1972 - Approval Authority File No. PL020066)

Northwest Corner Dowell Drive/ White Oak Road

xciv)

In the Light Industrial designation at the northwest corner of Dowell Drive and White Oak Road, in addition to uses permitted in the Light Industrial designation, a Landscape Supply Outlet may also be permitted. (Clause xciv) added by OPA No. 241 - approved 01/12/03)

3924 Colonel Talbot Road

xcv)

In the Urban Reserve - Community Growth designation at the north-easterly quadrant of the lands described as 3924 Colonel Talbot Road Pt. Lt. 73, in addition to the Agriculture permitted uses, a church use on a lot comprising approximately 12 hectares (30 acres), and on a private septic system may also be permitted until such time as municipal sanitary and storm water services are available to the subject property; at which time the church use will be required to connect to municipal services. (Clause xcv) added by OPA No. 258 - approved 02/09/03)

651 Windermere Road

xcvi)

In the Multi-Family, High Density Residential designation at 651 Windermere Road, a personal service establishment and medical/dental office are additional permitted uses subject to a gross floor area limitation of 500 m2 (5,382 s.f.). (Added by OPA No. 259 - approved 02/10/21)

9120 Elviage Drive

xcvii)

In the Agricultural and Environmental Review designations at 9120 Elviage Drive that, a consent to allow the severance of the existing single detached dwelling from the existing parcel may be permitted provided that no new residential use may be developed on the larger retained parcel.

2519 Fanshawe Park Road East

xcviii)

In the Open Space designation at 2519 Fanshawe Park Road East, in addition to the uses permitted in the Open Space designation, the following policies apply: (a)

A limited range of "dry" uses such as manufacturing and assembly activities within enclosed buildings; warehouse and wholesale establishments may be

permitted subject to Policy 17.2 of this Plan; (b)

A limited range of uses that compliment industrial uses in the area such as building or contracting establishments and support offices may also be permitted;

(c)

In addition to the uses permitted within the Open Space designation, a public and/or private training facility may also be permitted;

(d)

Existing uses will be recognized in the Zoning Bylaw. New uses will be considered on the basis of a site specific zoning by-law amendment application;

(e)

The maximum gross floor area permitted on the site is 5574 square metres (60,000 square feet); (Changed by OPA 317, approved on 04/04/19)

(f)

The types of uses shall be limited based on their impacts on the ground water recharge function of this area. (Added by OPA No. 268 - approved 03/02/17)

734 Wellington Street

xcix)

In the Multi-Family, Medium Density Residential designation at 734 Wellington Street, an office conversion may also be permitted notwithstanding the provisions in policy 3.6.9. of the Official Plan. (Added by OPA No. 272 - approved by the OMB 03/07/17)

1132 Richmond Street

In the Low Density Residential designation at 1132 Richmond Street the following uses may be permitted in the existing buildings; a bed & breakfast with a maximum of 10 rooms, an office conversion, dwelling units, and smallscale, low-impact specialty retail uses limited to 50% (a maximum of 111 sq m/1,195 sq ft) of the ground floor of the existing dwelling.

North Longwoods Community

ci)

The following policy applies to the lands bounded on the north by Southdale Road E, the west by Wharncliffe Road S, the south by the future Bradley Avenue extension, and on the east by White Oak Road, in keeping with the North Longwoods Area Plan, as adopted pursuant to Section 19.2.1. of the Official Plan, as a guideline document for the review of development applications. Within this area, the primary permitted uses for future rezonings of the lands designated "Restricted Service Commercial" and "Light Industrial" within a 300 metre area of influence of 3280 and 3300 White Oak Road shall restrict manufacturing and processing uses and range of uses to Class I category consistent with MOE guidelines, and shall

prohibit sensitive land uses for any building or associated amenity area (i.e. may be indoor or outdoor space) which is not directly associated with the industrial use, where humans or the natural environment may be adversely affected by emissions generated by the operation of a nearby industrial facility. Such uses include, but are not limited to, the building or amenity area that may be associated with residences, senior citizen homes, schools, day care facilities, hospitals, churches and other similar institutional uses, campgrounds, assembly hall, clinic, commercial recreation establishment, emergency care establishment, funeral home, medical/dental office, private club, convenience service establishment, convenience store, financial institution, florist shop, personal service establishment, restaurant, video rental establishment, park, hotel and motel. In the absence of a compatibility study which meet Ministry of Environment guidelines, the potential area of influence is 300 metres from the front yard building setback for the properties located at 3280 and 3300 White Oak Road until such time as the incompatible use ceases to exist. The area of influence has been mapped and included in the North Longwoods Area Plan. For Class I industrial uses, there must still be adequate separation, mitigation and/or buffering measures during detailed draft plan of subdivision approval, site plan approval or Zoning By-law amendments to prevent or eliminate adverse effects on any sensitive land uses in the vicinity. Also, residential subdivisions shall be developed in phases so that the maximum possible separation distance between areas of residential development and the existing Class III industrial use is maintained. Reduction of the 300 metre area of influence will only be supported by a study acceptable to the Ministry of Environment and the City of London. (Added by OPA No. 290 - approved by the OMB 03/08/10)

4511 Scotland Drive

cii)

In the Agriculture designation at 4511 Scotland Drive, a consent to allow for the severance of the existing residential dwelling unit with any accessory buildings from the larger agricultural farm parcel may be permitted provided that no new residential dwelling may be developed on the larger retained parcel. (Added by OPA No. 301 - approved by the OMB 03/10/06)

180 Ann Street

ciii)

An automobile sales and service establishment is permitted on the lands designated Multi-Family High Density Residential. (Added by OPA No. 308 - approved by the OMB 04/01/19)

5067 Cook Road, the northerly

civ)

In the Agriculture designation located at 5067 Cook Road, the northerly portion of 5221 Cook Road, Con Gore E Pt

portion of 5221 Cook Road, Con Gore E Pt Lot 10 and Con Gore W Pt Lot 10

Lot 10 and Con Gore W Pt Lot 10, in addition to the uses permitted in the Agriculture designation, a pollution control plan may also be permitted subject to the following provisos: i)

the primary tanks at the facility shall be covered;

ii)

no incineration of biosolids shall occur at this site for a minimum of 20 years after start-up of the plant; and

iii)

any expansion of this facility beyond its initial 4MIGD capacity will be subject to an Environmental Assessment which includes a full public review. (Added by OPA No. 279 - approved by the OMB 03/05/05)

3700 Colonel Talbot Road Pt. Lt. 74

cv)

In the Urban Reserve - Community Growth designation on the north-westerly corner of the lands described as 3700 Colonel Talbot Road Pt. Lt. 74, in addition to the Agriculture permitted uses, a church use on approximately 3.2 hectares (8 acres) may also be permitted on a private septic until such time as municipal sanitary and storm water services are available to the subject property; at which time the church use will be required to connect to municipal services. (Subsection cv) added by OPA 302 approved on 04/04/22)

4645 Wellington Road South

cvi)

In the Light Industrial designation located at 4645 Wellington Road South, in addition to uses permitted in the Light Industrial designation, a residential and other source recycling facility including wood recycling, a waste transfer station not including hazardous waste, an in-vessel composting facility and a channel composting facility are permiited. (Subsection cvi) added by OPA 315 approved on 04/04/05)

3123 Westminster Drive

cvii)

In the Agriculture designation at 3123 Westminster Drive, the creation of one additional non-farm residential lot may be permitted. (Subsection cvii) added by OPA 326 approved on 04/05/07)

Airport Road South Industrial Area Plan

cviii) Location:

The Airport Road South Planning Area is bounded by the Thames River (South Branch) to the north, the Highway 401 corridor to the south, the City of London / Municipality of Thames Centre boundary to the east and Old Victoria Road to the west

Vision:

In the Airport Road South Planning Area it is expected that these lands will develop as a high quality, well designed prestige

industrial / business park area with a high standard of building and site design that is sensitive to the natural environment and promotes economic growth and energy efficiency for the City. All development shall be in compliance with the City of London Urban Design Guidelines for the Airport Road South Planning Area. Design Concept

Areas adjacent as Light Industrial will also accommodate the traditional light manufacturing and warehousing types of uses, however consideration will be given to how uses can be clustered within the overall development scheme to enhance functional and visual compatibility. Some commercial development may be permitted on portions of Bradley Avenue and Hamilton Road to provide the opportunity for business services to locate in close proximity to the various industries and employers in the business park. Lands designated as Light Industrial will also accommodate the traditional light manufacturing and warehousing types of uses, however consideration will be given to how uses can be clustered within the overall development scheme to enhance functional and visual compatibility. Some commercial development may be permitted on portions of Bradley Avenue and Hamilton Road to provide the opportunity for business services to locate in close proximity to the various industries and employers in the business park. The lands north and east of Hamilton Road and west of Airport Road are proposed as an area of Office Business Park. This area is expected to develop as a prestige office business park area with a high standard of building and site design that is sensitive to the natural environment and promotes economic growth and energy efficiency for the City of London. The Hamilton Road frontage within this area may be zoned for other secondary commercial uses allowed within the Office Business Park designation. Such uses will be subject to site plan controls to achieve compatibility with the

design concept for the Office Business Park. While the Airport Road South Planning Area has not been identified as a preferred location for uses that are normally directed to the General Industrial designation, there may be future proposals to locate a general industrial type of use within this Planning Area. A use that would require a general industrial zone may be considered without amendment to the Official Plan, if, in the opinion of Council, it is a major industry offering significant employment opportunities and can be accommodated at a location that does not diminish the ability to achieve the design concept in other portions of the planning area. Such uses will not be considered west of Airport Road. Existing rural residential development will be protected from industrial development in accordance with MOE Guidelines. (Subsection cviii) added by OPA 335 on 04/08/03) 1020 Wonderland Road South

cix)

In the Southdale/Wonderland Commercial Policy Area applicable to 1020 Wonderland Road South, in addition to the uses permitted in the Southdale/Wonderland Commercial Policy Area, Section 4.3.2, a self-storage establishment may also be permitted. (Subsection cix) added by OPA 344 on 04/12/06)

151 Travelled Road

cx)

In the Rural Settlement designation at 151 Travelled Road, severance or intensification may occur upon the lands in conformity with the Rural Settlement Policies of the Official Plan in accordance with the access standard described in the Ontario Ministry of Natural Resources, "Natural Hazards Training Manual Provincial Policy Statement - Public Health and Safety Policies 3.1" dated January 1997, and where safe access to the property can be established. (Subsection cx) added by OPA 298 - approved 05/03/31)

1152 Fanshawe Park Road East

cxi)

In the Multi-Family, Medium Density Residential designation on lands located at 1152 Fanshawe Park Road East, in addition to the uses permitted in the designation, additional permitted uses include: a)

small-scale offices within an existing building, not exceeding 186 square metres;

a men's retail clothing store, to a maximum floor

area of 186 square metres. (Clause cxi) added by OPA No. 298 - approved 05/01/31).

Sunningdale Road W. between Richmond Street and Wonderland Road North

cxii)

The intent of this policy is to facilitate land acquisition for the widening of Sunningdale Road West to its ultimate required width while avoiding disturbance of the existing golf course operations on the north side of the road. When the lands owned on the south side of Sunningdale Road West develop, the City may, in cooperation with the landowner, consider acquiring all of the required road widening dedications for both sides of the road, from land owners on the south side of Sunningdale Road West. The acquisition of half of the total road widening would be by land dedication. The means of acquisition of the remainder of the required road widening would be subject to an agreement negotiated between the landowner(s) and the City, and may involve dedication and/or reasonable compensation for the lands. The land acquisition would be subject to the necessary curve radii adjustments and the completion of any required Environmental Assessment. Any such agreement would be negotiated between the landowner(s) and the City at the time of approval of the first development application on lands on either side of the road abutting the require shift in the centerline and the agreement will provide for the future acquisition of all of the lands required to complete the realignment. (Clause cxii) added by OPA No. 354 - approved 05/04/05)

Sunningdale North Planning Area - Medway Creek Corridor

cxiii)

This policy applies to any expansion of the existing golf course operation within the study of distances specified in Table 15.1. of this Plan, of the Medway Creek Significant Stream Corridor or lands adjacent to the Corridor that are designated Woodlands, Vegetation Patches Outside ESA's and Wetlands, or ESA on Schedule "B" of this Plan within the Sunningdale North Area Plan. Prior to such expansion, an EIS shall be prepared for the Medway Creek Significant Streams Corridor and related upland ecological system within the Area Plan. The recommendations of the EIS may include changes to the limits or interior characteristics of the Dry-Fresh Sugar Maple-White Ash Deciduous Forest and the Willow Mineral Deciduous Forest and the Willow Mineral Deciduous Swamp on the north and south ends of the Planning Area, identified as FOD5-8 and SWD4-1 in the Natural Heritage Study Addendum (Stantec Consulting Ltd., July, 2004) provided adequate compensation is provided, including the implementation of vegetation management practices and significant renaturalization, that will provide a net benefit to the riparian and terrestrial condition of the valley lands and associated upland woodlots to the satisfaction of the City of London and the Upper Thames River Conservation Authority. (Clause cxiii) added by OPA No. 354 - approved 05/04/05)

Number not in use

cxiv)

Number not in use

cxv)

Number not in use

cxvi)

Number not in use

cxvii)

Number not in use

cxviii)

Bostwick East Area Plan

cxix)

Applications for (re)development approvals for lands along Wharncliffe Road S will be required submit an access management plan for their development to justify the location of their access arrangement(s) and taking into consideration surrounding lands on both sides of Wharncliffe Road S as part of the review. The approved recommendations of the access management plan shall be incorporated into the subdivision and development agreements, where applicable. (OPA 380- approved OMB Decision December 11, 2007)

it is recognized that the ultimate servicing of development within the Bostwick East planning area is tributary to the future Southside Pollution Control Plant, which is anticipated to be commissioned in 2016. However, as an interim solution, development may be accommodated within the existing Greenway sewershed system provided acceptable mitigating measures to address existing surcharging of wet weather flow conditions can be addressed in the conveyance system, and there is available treatment plant capacity to be allocated to the development application. The City reserves the right to limit new development in this area in accordance with policies in force at the time. As such, in conjunction with approvals for the future subdivision and rezoning of the subject lands, a holding provision will be applied relating to the provision of adequate municipal services, recognizing that limitations on development may be applied to avoid an over-allocation of committed capacity in the Greenway Pollution Control Plan or the sanitary sewage conveyance system; it being further noted that the proposed servicing of the subject area in an interim system and that the permanent sanitary servicing of the area will be provided when the Southside Pollution Control Plan and conveyance system is constructed. Traffic volume on Southdale Road W is currently at capacity during peak periods. In order for development to occur in the Bostwick East planning area, Southdale Road W is required to be widened to provide additional capacity; or the development will be required to utilize the alternative

access via the Bradley Avenue extension. Given that widening and intersection improvements by the City of London are not forecasted or budgeted within the five (5) year time frame, a holding provision for development on the lands within the Bostwick East planning area may be applied until the Southdale Road W is widened to provide additional capacity; or alternatively, the extension of Bradley Avenue has been constructed to accommodate the traffic capacity from the Bostwick East planning area. The objectives for urban design in the Bostwick East Area Plan will provide the basis for (re) development in the planning area. Consideration will be given for incorporating gate-way street amenities, such as street furnishings, vegetation and landscaping, benches, bike paths, signs and banners where possible. (Clause cxix) added by OPA No. 358 - approved 05/06/13)

For the approximately 7.7 ha (19 acres) of land located on the south side of Southdale Road West and west of Wharncliffe Road South, municipally known as 99 Southdale Road West, which is designated Open Space and Multi-Family Medium Density Residential, the owner shall dedicate to the City and the City shall acquire from the owner as public parkland dedication .72 ha (1.8 acres) of land designated as Open Space. Should the City desire to acquire additional land from the owner for open space or park purposes, Municipal Council may acquire such additional lands by purchase, expropriation, or donation pursuant to section 16.3.1 of the Official Plan. (amended by OPA 380-OMB Dec 11, 2007)

550 Southdale Road East

cxx)

In the Multi-Family, Medium Density Residential designation at 550 Southdale Road East, a personal service establishment may also be permitted within the existing residential dwelling, limited to 50 square metres on the main floor. (Clause cxx) added by OPA No. 363 - approved 05/07/25)

185 Horton Street East

cxxi)

In the Arterial Mixed Use District designation at 185 Horton Street East, a residential apartment building with a maximum density of 160 units per hectare (64 units per acre) may be permitted. (Clause cxxi) added by OPA No. 372 - approved 05/11/7)

Dingman Drive Planning Area

cxxii)

The following policy applies to the lands bounded on the north by Exeter Road, the west by White Oak Road, the south by Dingman Drive, and on the east by Highway 401. Within this area, all applications for zoning amendment for

future industrial uses will need to be reviewed using the Ministry of the Environment (MOE) guidelines, to determine type of industrial use and its potential impact on adjacent sensitive land uses. Additional studies may be requested and reviewed by the City of London to assess the impacts of new industrial development with respect to: noise, dust, odour, vibration, impact on surface or groundwater quality, and any other study the City may deem is necessary. The MOE guidelines will ultimately determine the minimum distance separation from the sensitive land use and the industrial use, depending on Class of Industrial Facility, any on-site industrial controls which may enable an industry to be categorized as a lesser class, or restrictions on the type of facilities which can locate in the vicinity of sensitive land uses. Portions of the General Industrial lands located at 3544 Dingman Drive are shown on Schedule "B" as being within the Flood Line. Development shall be permitted on the lands in this constrained area only upon approval of the Upper Thames River Conservation Authority. As a result of filling to approved grades in this area, Schedule "B" may be modified by a technical Official Plan Amendment to reflect a revised Flood Line. (O.P.A. No. 364 - 2005/08/29)

Mount St. Joseph

cxxiii)

In the Community Facilities designation at 1486 Richmond Street, at the southeast corner of Richmond Street and Windermere Road, in addition to the uses permitted by the Community Facilities designation, apartment buildings, hotels, offices, laboratories, and commercial uses including convenience stores, eat-in restaurants, financial institutions, florist shops, gift shops, personal service establishments, pharmacies, and post offices, but not necessarily secondary, ancillary or related to the main use may also be permitted within the existing buildings. Offices shall be limited to a medium scale, consistent with policies related to office uses outside the Downtown. Commercial uses shall be limited in scale such that the institutional character of the property is maintained. All permitted uses are limited to the existing buildings. (Clause cxxiii) added by OPA No. 367 - approved 2005/09/19)

Westerly Portion of 212 North Centre Road

cxxiv)

In the Multi-Family, Medium Density Residential designation located on the westerly portion of 212 North Centre Road (approximately 0.6 hectares, with a frontage of approximately 66 metres), on the northeast corner of Richmond Street and North Centre Road, an apartment hotel may also be permitted. (Clause cxxiv) added by OPA No. 355 - approved 2005/04/18)

2156 Highbury Avenue North

cxxv)

In the agricultural designation on the lands municipally known as 2156 Highbury Avenue North (Part Lot 8, Concession 5), a severance to create three residential lots for non-farm dwellings will be permitted. (Clause cxxv) added by OPA No. 353 - approved 2005/03/07)

774 Baseline Road East

cxxvi)

In the Office Area designation located at 774 Baseline Road East, a hotel may be permitted in addition to the uses permitted in the designation. (Clause cxxvi) added by OPA No. 351 - approved 2005/03/07)

119 Wortley Road

cxxvii)

In the Low Density Residential designation at 119 Wortley Road a wellness centre may be permitted within the first and second storey of the existing building; an addition to result in a total floor area on the site (existing building plus additions) of no more than 529 m2 (5,694 sq.ft.) will also be permitted. (OPA No. 398)

1457 Wilton Grove Road

cxxviii)

In the Agriculture designation at 1457 Wilton Grove Road, a restaurant use oriented to the intersection of Wilton Grove Road and Highbury Avenue may be permitted. (OPA No. 347approved 2005-02-21)

1927 Richmond Street and lands to the west and north of 1967 and 1985 Richmond Street North

cxxix)

The lands designated Multi-Family, Medium Density Residential west, north and south of 1985 and 1967 Richmond Street North serve an important function. They provide a transition between the high density residential lands at 1985 and 1967 Richmond Street North and the existing, and planned, low density residential uses to the west and south of these lands. (OPA 409 as modified by the OMB June 26, 2007)

552 & 556 Wonderland Road North

cxxx)

In the Multi-Family Medium Density Residential and Low Density Residential designations at 552 and 556 Wonderland Road North respectively, a self-storage establishment may be permitted. (OPA No. 422 approved 2007-06-11)

East Side of Crumlin Road Area between Trafalgar Street and the CNR Tracks

cxxxi)

In the Rural Settlement designation located along the east side of Crumlin Road between Trafalgar Street and the Canadian National Railway lands, and along Gore Road Between Crumlin Road and the Crumlin Drain/Waubaro Creek, lot creation shall be considered, in addition to Policies 9.3.4 and 19.7 as well as any other applicable Policy, on the basis of the following: 1. the lot area shall be a minimum of one hectare and the Frontage of all new lots must be on Crumlin Road and/ or Gore Road; 2. the limits of development shall be determined by: a) an environmental impact study for the lands designated Environmental Review and Open Space along the Crumlin Drain and Waubaro Creek; b) application of minimum distance separation policies to achieve land use compatibility with agricultural uses; and c) application of Ministry of Environment guidelines to achieve land use compatibility with Industrial uses; and 3. a zoning by-law amendment application may be required. (OPA 370, OMB Decision date Jan 24, 2008)

247 Epworth Avenue

cxxxii)

333 and 337 Southdale Road East

cxxxiii)

300-320 Marconi Gate

cxxxiv)

1111 Elias Street

cxxxv)

In the Low Density Residential designation of lands located at 247 Epworth Avenue, in addition to the uses permitted in the low Density Residential designation, regional facility uses, with the Exception of parking structures, may be permitted in the existing building. (OPA 433- approved January 21, 2008)

In the Multi-Family, Medium Density Residential designation at 333 and 337 Southdale Road East, low-rise residential apartment building with a maximum density of 119 units per hectare (48 units per acre) may be permitted. (OMB approved- April 15, 2008 issue date, OPA 428)

In the Neighbourhood Shopping Area designation at 300320 Marconi Gate, in addition to the uses permitted in the Neighbourhood Shopping Area designation, a self-storage Establishment may also be permitted. (OPA 439 passed by Council March 31, 2008) In the General Industrial designation at 1111 Elias Street non-industrial office space and accessory warehouse space may be permitted within the existing building resulting in a total maximum gross floor area of 2,130 m2 (22,927 sq.ft.) of non-industrial office use in association

with no less than 560 m2 (6,000 sq.ft.) of warehouse use. (OPA 443)

981 Wonderland Road

cxxxvi)

123 Wortley Road

cxxxvii)

920 Wilton Grove Road

cxxxviii)

City Landfill Site

cxxxix)

1811 & 1817 Commissioners Road East

cxl)

5044 Wellington Road South and 2889 Westminster Drive 180 Mill Street

cxli)

In the Southdale/Wonderland Commercial Policy area applicable to 981 Wonderland Road South, in addition to the uses permitted in the Commercial Policy designation, a small-scale supermarket may also be permitted. (OPA 369, Decision/Order No: 1323, Issue Date: May 5, 2006)

In the Low Density Residential designation at 123 Wortley Road a wellness centre may be permitted within the first storey of the existing building, resulting in a total maximum gross floor area of 247 m2 (2,659 sq.ft.). This policy does not allow for expansions or additions to the existing building for the wellness centre. (OPA #448) In the Light Industrial designation at 920 Wilton Grove Road, the headquarter offices of a charitable organization may be permitted on the existing property. Such uses as training and conference facilities and public education programs associated with the charitable office uses, and assembly hall uses may also be permitted. The division of the land to permit the establishment of a separate charitable institution on the site shall be discouraged. (OPA #450) In the Agriculture designation located at 3502 Manning Drive, in addition to the uses permitted in the Agriculture designation, a municipal waste disposal facility may also be permitted. Also, the Agriculture designation on a portion of the site located at 3438 Manning Drive, in addition to the uses permitted in the Agriculture designation, a leachate pre-treatment/liquid waste facility may also be permitted. (OPA #457) In the Urban Reserve designation on the lands municipally known as 1811 and 1817 Commissioners Road East, legally described as Part Lot 10, Concession 1, Geographic Township of Westminster, a consent to allow the severance of one existing single detached residence and accessory buildings from an existing farm parcel may be permitted. (OPA #469)

cxlii)

In the Agricultural designation at 5044 Wellington Road South and 2889 Westminster Drive, a consent to allow the severance of the church use at 2889 Westminster Drive from the larger 9.2 hectare agricultural parcel at 504 Wellington Road South may be permitted. (OPA #471) In the Multi-Family, High Density Residential designation at 180 Mill Street, commercial parking is permitted as a level in an underground structure, limited to 135 spaces total. (OPA #491)

344, 346, 348 and 350 Ridout Street South and 403 and 407 Chester Street

cxliii)

Commissioners Road East at Highbury Avenue

cxliv)

cxlv)

Piccadilly Area Neighbourhood

cxlvi)

550 Kingsway Avenue and 572 Wonderland Road North

cxlvii)

73, 77, 81, and 91 Southdale Road East and 3021 and 3033 White Oak Road

cxliviii)

In the Low Density Residential designation at 344, 346, 348 and 350 Ridout Street South and 403 and 407 Chester Street community-serving uses comprising of: small retail stores; food stores; pharmacies; convenience commercial uses; personal services; small scale restaurants; financial institutions; service oriented office uses; existing professional offices; medical dental offices; community facilities, such as libraries or day care centres; service and repair shops, attached dwelling units; and similar uses that draw customers from a neighbourhood â&#x20AC;&#x201C; scale trade area are permitted. (O.P.A. #496) In the Community Commercial Node designation at 1200 Commissioners Road East, additional office uses will be permitted up to an additional 2923 square metres, up to a maximum gross floor area (G.F.A) of 5,000 m2 (53,921 sq.ft.) provided that the additional office uses can be contained within the existing central building of the Pond Mills Square.(O.P.A. 505) In the General Industrial designation of lands located at 1100 and 1108 Dundas Street, in addition to the uses permitted in the General Industrial designation, office uses will be permitted in existing buildings, excluding medical/dental offices and clinics, with a maximum aggregate gross floor area of 8,732 m2 (94,000 sq. ft.), recognizing the uniqueness of this location along a major corridor in London leading to the Old East village and Downtown and to include a limited amount of commercial uses including convenience stores, financial institutions, restaurants, and personal service establishments, but excluding pharmacies, not exceeding a total of 1,000 m2 (10,764 square feet).(OPA 512) In all designations in the Piccadilly Area Neighbourhood, bounded by Wellington Street, Oxford Street East, Adelaide Street North, and the Canadian Pacific Railway in the City of London, the expansion of private schools and the establishment of new private schools shall be permitted only on those properties that were zoned to permit private schools on the date of adoption of the Piccadilly Area Neighbourhood policy, and on 701/703 Waterloo Street, 719 Waterloo Street, 311 Oxford Street East and 711 Colborne Street, subject to an amendment to the Zoning By-law if necessary. (Added by OPA 515 Jan 31/12) In the Low Density Residential designation at 550 Kingsway Avenue and 572 Wonderland Road North, a professional office and a medical/dental office in conjunction with one dwelling unit may be permitted in a new building that shall replace the existing structures on the property. (Added by OPA 516 Feb 21/12)

In the Neighbourhood Commercial Node designation at Southdale Road East/ White Oak Road automobile sales and service use along the frontage of the Southdale Road East corridor to a maximum depth of 50m may also be permitted. (Added by OPA 530, June 12, 2012)

11.

URBAN DESIGN PRINCIPLES INTRODUCTION The land use policies contained in Chapters 3 to 9 of this Plan provide direction for the allocation and control of land use according to function, size, location and other objective criteria. The urban design principles listed in this Chapter address more subjective matters related to the visual character, aesthetics, and compatibility of land use, and to the qualitative aspects of development. Consideration of the urban design principles will supplement the policies applicable to each of the land use designations as well as to those matters which fall within the scope of the Zoning, Site Plan Control, Subdivision Control and Sign Control By-laws. The urban design principles will be used primarily for guideline purposes, and their implementation will be less oriented to a regulatory approach than it will be to co-operation among developers, land owners, residents and the City in the preparation and review of development proposals and community improvement plans.

11.1.

URBAN DESIGN POLICIES

11.1.1. Design Principles

Council shall promote the use of the following urban design principles in the preparation and review of development proposals and community improvement plan and programs.

Natural Features

The form and design of new development shall complement and protect any significant natural features such as river valleys, ravines, wooded areas and parklands that form part of, or are located adjacent to, the site. (Clause i) amended by OPA 438 Dec. 17/09)

Trees

ii)

To the extent feasible, existing trees of desirable species should be retained and incorporated into the landscaping plans for new development through the adoption and implementation of tree preservation policies. Also, designs for new development will consider the need for suitable locations to accommodate the planting of street trees. (Clause ii) amended by OPA 438 Dec. 17/09)

Open Views

iii)

To the extent feasible, new development should minimize the obstruction of views of natural features and landmarks.

High Design Standards

iv)

Emphasis will be placed on the promotion of a high standard of design for buildings to be constructed in strategic or prominent locations such as within, and at the perimeter of, the Downtown, near the edge of the river valleys, or along the major entryways to the City.

Architectural Continuity

The massing and conceptual design of new development should provide for continuity and harmony in architectural style with adjacent uses which have a distinctive and attractive visual identity or which are recognized as being of cultural heritage value or

interest. (Clause v) amended by Ministry Mod. Dec. 17/09)

. Redevelopment

vi)

The relocation or replacement of incompatible land uses and the redevelopment of derelict properties will be encouraged.

Streetscape

vii)

A coordinated approach should be taken to the planning and design of streetscape improvements in commercial areas, including the upgrading of building facades, signage, sidewalks, lighting, parking areas and landscaping.

Pedestrian Traffic Areas

viii)

In pedestrian traffic areas, new development should include streetoriented features that provide for the enhancement of the pedestrian environment, such as canopies, awnings, landscaped setbacks and sitting areas.

ix)

The design and positioning of new buildings should have regard for the impact of the proposed development on year-round sunlight conditions on adjacent properties and streets. In reviewing proposed developments, access to sunlight for adjacent properties should be maximized to enhance the potential for energy conservation and the amenity of residential areas and open space areas, such as parkettes and outdoor plazas.

Access to Sunlight

(Clause ix) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Landscaping

Landscaping should be used to conserve energy and water, enhance the appearance of building setback and yard areas, contribute to the blending of new and existing development and screen parking, loading, garbage and service facilities from adjacent properties and streets. (Clause x) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Building Positioning

xi)

Where a proposed development consists of a grouping of buildings, the buildings should be positioned to define usable and secure open space areas on the site and to afford a reasonable measure of privacy to individual dwelling units.

Enhances Accessibility Standards

xii)

The design of new buildings should incorporate the City of London Facility Accessibility and Design Standards to facilitate access and use. (Clause xii) deleted and replace by OPA 438 Dec. 17/09)

Parking and Loading

xiii)

Parking and loading facilities and driveways should be located and designed to facilitate maneuverability on site, between adjacent sites where appropriate, and to reduce the traffic flow disruption resulting from turning movements to and from the property.

Privacy

xiv)

To the extent feasible, the design and positioning of new buildings should minimize the loss of privacy for adjacent residential properties.

Outdoor Space

xv)

For multiple forms of low-rise residential development, such as row housing, each unit should be provided with adequate and clearly defined outdoor living space.

Play Areas

xvi)

Residential developments that are likely to house families should include an appropriately sized outdoor children's play area that is safely accessible from all units in the development.

Recreational Facilities

xvii)

The developers of medium or high density residential projects shall be encouraged to provide recreational facilities appropriate to the size of the development and the needs and interests of the intended residents.

Noise Attenuation xviii)

Where residential development is affected by adverse noise conditions, the use of urban design features such as building orientation, location of outdoor open space relative to the noise sources and noise attenuation measures will be encouraged subject to policy 19.9.5., 19.9.6. and 19.9.7. of this Plan. (Clause xviii) amended by OPA No. 348 - approved 2005/03/07)

Waste Management

xix)

In order to encourage the reduction, re-use and recycling of waste, new development should incorporate waste handling, composting and recycling facilities into their site design. (Clause xix) added by OPA No. 88 - OMP Order No. 2314 - approved 99/12/23)

Resource Conservation

xx)

New developments shall be encouraged to minimize energy and water use and where feasible, to provide for the conservation of building materials through re-use, recycling and renovation. (Clause xx) added by OPA No. 88 - OMP Order No. 2314 - approved 99/12/23) (Clause xx) amended by OPA 438 Dec. 17/09)

Gateways

xxi)

Gateways are important elements in the creation of a sense of place and arrival, and provide visual signals that both define and distinguish an area. Gateways occupy strategic and prominent locations, and are primarily associated with major entrances to the City, districts or to neighbourhoods. Gateways may be created through the placement of buildings, landscape features, or the design and architecture of the buildings or structures themselves that frame or create the gateway or entrance. Are plans, application for amendments to the Official Plan, amendments to the Zoning By-law, and approvals for plans of subdivision that are proposed in gateway locations will be required to demonstrate how the proposal will achieve high quality design, high quality landscaping and the creation of an attractive street edge. (Clause xxi) added by Ministry Mod. Dec. 17/09)

11.1.2. Implementation Methods

Council, within the limits of its authority under the Planning Act, shall promote the application of the urban design principles through: i)

the preparation and use of the Zoning By-law, site plan control

standards and urban design guidelines, a sign control by-law, subdivision design guidelines and any other guideline documents adopted to provide for the implementation of this Plan;(OPA #444) Discussions

ii)

discussions with prospective developers and the review of applications to amend the Official Plan and/or Zoning By-law; and

Community Improvement

iii)

the preparation and implementation of community improvement plans and programs.

11.1.3. Area Design Guidelines

Council may, from time to time, direct that detailed design guidelines be prepared for specific areas of the City. These design guidelines may be adopted by resolution of Council, and may be used to assist in the preparation and review of new development, redevelopment, rehabilitation and renovation proposals, community improvement plans and Heritage Conservation District Plans.

11.1.4. Bonusing for Design Features

Council, in accordance with the provisions of policy 19.4.4., may allow increases to the height and density limits applicable to a proposed development where the development incorporates design features that achieve design objectives for specific areas of the City identified in policy 11.1.3.

11.1.5. Urban Design Reports

Urban Design Reports may be required to assist in the review of all development applications that involve site plan approval, residential intensification and plan of subdivision approval. The Urban Design Reports submitted as part of a development application will provide an analysis of the project within the context of the surrounding area. The Urban Design Report is intended to provide guidance on how a site should be developed and details the design principles for a site and the implementing policies to achieve these principles in an effort to encourage well-designed and solution-based functional projects. (Sec. 11.1.5. added by OPA 438 Dec. 17/09)

12.

HOUSING POLICIES INTRODUCTION The City of London has concerns related to the availability, affordability and adequacy of housing that may not be fully satisfied by the designation and servicing of land for residential use. To a large extent, these are social rather than land use concerns and they are primarily addressed through the Municipal Housing Statement and the Affordable Housing Strategy for the City of London. (Amended by OPA 438 Dec. 17/09)

12.1.

HOUSING OBJECTIVES It is intended that the application of the policies of this Chapter of the Plan shall achieve the following objectives: i)

Support the provision of a choice of dwelling types so that a broad range of housing requirements are satisfied.

ii)

In keeping with provincial policy on housing, provide opportunities for an adequate supply of housing to meet the economic, social, health and well-being requirement of all people.. (Clause ii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause ii) amended by OPA 438 Dec. 17/09)

iii)

Promote the maintenance and rehabilitation of the existing housing stock.

iv)

Support the development, at appropriate locations, of residential facilities that meet the housing needs of persons requiring specialized care.

Through the Housing Division, and other relevant Departments, the City shall promote Federal, Provincial and local opportunities for the provision of affordable and supportive housing.

vi)

The City shall encourage and support private, public and local partnerships in the provision of affordable and supportive housing.

vii)

Encourage all levels of government to consider offering appropriate surplus lands for affordable housing prior to any other uses.

viii) The City shall work with other levels of government, other public and not-for-profit groups and agencies, and the private sector to provide housing for households and individuals who are below the level of Low- and Moderate-income Households as defined in this Plan. ix)

In addition to opportunities for the development of affordable housing in new developments, residential intensification, including the conversion of non-residential structures, infill and

redevelopment, also contributes to the supply of affordable housing, and may assist the City in meeting its target for the provision of affordable housing.â&#x20AC;? (Clauses v) to ix) added by OPA 438 Dec. 17/09)

12.1.1. Affordable Ownership Housing

Affordable Rental Housing

DEFINITIONS i) Affordable Ownership Housing will mean either one of the following:

ii)

(a)

Housing for which the purchase price results in annual accommodation costs which do not exceed 30% of gross annual household income for Low- and Moderate-income Households; or

(b)

Housing for which the purchase price is at least 10% below the average purchase price of a comparable resale unit in the City of London.

Affordable Rental Housing will mean either one of the following: (a)

A unit for which the rent does not exceed 30% of gross annual household income for Low- and Moderate-income Households, or

(b)

A unit for which the rent is at or below the average market rent of a unit in the City of London.

Low- and Moderate-income Households for Affordable Ownership Housing Low- and Moderate-income Households (for Affordable Rental Housing 12.2.

iii)

In the case of Affordable Ownership Housing, Low- and Moderateincome Households will generally mean those households with incomes in the lowest 60% of the income distribution for the City of London.

iv)

In the case of Affordable Rental Housing, Low- and Moderateincome Households will generally mean those households with incomes in the lowest 60% of the income distribution for either households for the City of London.

HOUSING SUPPLY

12.2.1. Availability of Housing

Council shall promote the provision of an adequate supply of housing to meet a wide range of needs according to location, cost, type, size, tenure, accessibility and design criteria.

Section 12.1.1. added by OPA 438 Dec. 17/09)

Section 12.2.1. amended by OPA 438 Dec. 17/09)

Municipal Support

The City shall support housing production through measures that will assist in the provision of an adequate supply of serviced residential land. Such measures may include, but are not limited to, the oversizing of hard services to provide for the future expansion of residential development, and the adoption of

procedures to reduce the processing development applications. Housing Mix and Density

ii)

time for

residential

New communities will be planned to accommodate a mix of housing types and densities that will contribute to an efficient utilization of land and services. Housing mix and residential densities will be determined through the area planning process having regard for the location and physical characteristics of the planning area. (Clause ii) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Housing Programs

iii)

The City may assist, where required by legislation, the federal and provincial governments in the administration of housing programs.

Affordable New Residential Development

iv)

In keeping with Provincial Policy Statements, the City will within its legislative powers support the provision of opportunities for affordable housing in residential development throughout all areas of the City. A target of 25% of housing to be affordable to Lowand Moderate-income households as defined in this Plan and the Provincial Policy Statement may be met through new residential development and residential intensification through the conversion of non-residential structures, infill and redevelopment. (Clause iv) deleted and replaced by OPA 438 Dec. 17/09)

Residential Land Supply

In keeping with provincial policy statements on housing, the City will, within its legislative powers, provide a minimum ten year supply of residential land by designating and planning for the provision of services for sufficient lands to accommodate a range of housing types, including land suitable for low, medium and high density development and provision for intensification and infill development in existing developed areas. (Clause vi) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause v) deleted and v) renumbered and amended by OPA 438 Dec. 17/09)

Innovative Housing

vi)

Residential developments that offer innovative design features, construction techniques or tenure arrangements; which are consistent with the objectives of the Plan, and which broaden the range of housing alternatives available to City residents, shall be encouraged. Adaptive re-use will be encouraged as a means of protecting and restoring residential properties of cultural heritage value or interest, pursuant to the provisions in Chapter 13. (Clause vi) renumbered by OPA 438 and amended by Ministry Mod. #24 Dec. 17/09)

Land Supply in Plan of Subdivision

vii)

In keeping with provincial policy statements on housing, the City will within its legislative powers endeavour to maintain an inventory of residential land in registered and draft approved plans of subdivision to meet expected needs over a three year period. It is recognized, however, that in some situations caused by land shortages, property ownership and development constraints, it may not always be possible to maintain a three year supply of residential land in registered and draft approved plans of subdivision. (Clause vii) renumbered and amended by OPA 438 Dec. 17/09)

Monitoring Guidelines

viii) In keeping with provincial policy statements on housing, and as provided for in policy 19.2.2. of this Plan, the City has adopted guidelines for the processing and review of development applications which emphasize the timely consideration of such applications, while allowing for input from agencies and the public. (Clause viii) renumbered by OPA 438 Dec. 17/09)

Affordable Housing Provision Ratio

ix)

Initiatives and proposals for creating new affordable rental housing should give priority to housing which proposes rents that are affordable to a mixture of Low- and Moderate-income Households. Fifty percent of the rental units should be available for low income households whose annual accommodation costs exceed 50% of gross household income. A higher proportion of Low-income rental units may be provided in smaller scale housing projects containing support services. (Clause ix) added by OPA 438 Dec. 17/09)

Affordable Housing Target

Council may periodically review the target as a means of monitoring and evaluating the policy. The City may establish a new target during the life of this Plan without an amendment to the Official Plan policy. This target will be reviewed in accordance with Section 12.2.4. of this Plan and at the time of any comprehensive Official Plan review. (Clause x) added by OPA 438 Dec. 17/09)

Affordability Sub-Target

xi)

The City will, within its legislative powers and policies, pursue opportunities for no less than half of the affordable housing units created through new residential development, as required in policy 12.2.1. iv), to be affordable to the lowest 30th percentile of household incomes in the City of London in order to meet the broad housing needs of Londoners. Opportunities may be provided in new residential structures, infill and redevelopment, and may be done through partnerships with private and/or public sector housing providers. (Clause xi) added by Ministry Mod #26 Dec. 17/09)

12.2.2. Measures to Increase the Supply of Affordable Housing 25% Requirement

Council shall, where a need for affordable housing has been identified in accordance with policy 12.2.4 i) of this plan, undertake all or some of the following: (Subsection 12.2.2 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 12.2.2. amended by OPA 438 Dec. 17/09)

Require Secondary Plans and larger residential development proposals to include a 25% affordable housing component through a mix of housing types through the following methods: (a)

Completed Area Studies may require 25% of the new housing units to be in forms other than single detached dwellings.

(b)

Larger residential development proposals, generally greater

than 5 hectares in size, located outside of an existing Area Study boundary, may require up to 30% of the new housing units to be in forms other than single detached dwellings. (Clause i) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause i) amended by OPA 438 Dec. 17/09)

New Areas for Intensification

ii)

Designate further areas of the City for intensification and infill, subject to consideration of neighbourhood planning issues, adequate servicing, potential impacts and mitigating measures, and the policies of 3.2.3. of this Plan. (Clause ii) amended by OPA 438 Dec. 17/09)

Bonusing

iii)

Provide density bonuses, where suitable, to proposals which have an affordable housing component above the 30% minimum. (Clause iii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Approval Processes

iv)

Give a higher priority to reviewing proposals which provide an affordable housing component.

Assistance

Seek assistance from senior levels of government, where required, to assist in the delivery of affordable housing.

Innovative Design and Servicing Standards

vi)

Consider development proposals that use innovative design features and servicing standards as a means of improving land use efficiency and providing affordable housing. (Clause vi) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Surplus Municipal Lands

vii) Surplus municipal lands shall be evaluated for their suitability for the development of affordable housing prior to their consideration for any other uses. Any amendments to the Official Plan and/or the Zoning By-law that are required to permit residential use of the lands will be subject to the policies of Chapter 3 â&#x20AC;&#x201C; Residential Land Use Designation of this Plan. Any surplus municipal lands to be considered for affordable housing should meet the following criteria: (a)

Lands are of an adequate size to support the use;

(b)

Lands are not isolated from existing residential areas and are located in proximity to public uses and infrastructure, including schools, parks, libraries and transit;

(c)

Lands provide an opportunity for a mix of housing types and do not concentrate affordable housing in a single area of the City.

(Clause vii) added by OPA 438 Dec. 17/09)

Surplus Provincial and Federal Lands

viii)

Council shall encourage the federal and provincial governments to consider any government owned, undeclared surplus land for affordable housing before any other use is considered. The consideration of any amendments to the Official Plan and/or the

Zoning By-law to permit the use of the surplus lands for residential purposes will be subject to the policies of Chapter 3 – Residential Land Use Designation of the Official Plan and the criteria listed under policy 12.2.2. vii) of this Plan. (Clause viii) added by OPA 438 Dec. 17/09)

Affordability SubTarget

12.2.2.1. Accessory Dwelling Units

xi)

Accessory dwelling units may be permitted in single detached and semidetached dwellings subject to a Zoning By-law amendment and consistent with the policies of policy 3.2.3. of this Plan. (Section 12.2.2.1. added by OPA 438 Dec. 17/09)

12.2.3. Adequacy of Housing

Council shall promote the maintenance of the City's housing stock at a standard sufficient to provide acceptable conditions of health, safety, and appearance.

Maintenance and Occupancy Standards

The City shall continue to enforce a by-law on standards for the maintenance and occupancy of property within the municipality, according to the provisions of Section 19.10.

Rehabilitation Programs

ii)

The City may assist in the rehabilitation of low and moderate income housing by continuing its involvement in the delivery of federal and provincial housing rehabilitation programs.

Social Housing

iii)

Promote the retention and maintenance of the City’s inventory of social housing stock comprised of non-profit, co-op, and public housing. (Clause iii) added by OPA 438 Dec. 17/09)

Affordable Rental Units

iv)

Promote the retention of private rental units that are affordable to Low- and Moderate-income Households. (Clause iv) added by OPA 438 Dec. 17/09)

12.2.4. Monitoring

The City, though a biennial Housing Monitoring Report, shall update and assess its residential land supply; evaluate housing conditions, the supply of affordable housing, development trends and densities; analyze other housing supply and demand factors; review the recommendations of the Affordable Housing Strategy (2005); and assess the demand for Affordable Housing. Average annual housing requirements may be adopted subject to the policies of 12.2.2. i) of this Plan and housing starts may be monitored to identify potential shortfalls. (Subsection 12.2.4 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 12.2.4. amended by OPA 438 Dec. 17/09)

Affordable

The City will undertake, annually, and periodically as need arises,

Housing Monitoring

a housing affordability needs analysis and strategy for addressing deficient areas. This will include an assessment of the following: (a)

Proportion of new ownership and rental houses, by housing form, which satisfies the definition of Affordable Ownership Housing and Affordable Rental Housing of this Plan. (Clause (a) amended by OPA 438 Dec. 17/09)

(b)

Proportion of resale housing forms which satisfies the definition of Affordable Ownership Housing of this Plan. (Clause (b) amended by OPA 438 Dec. 17/09)

(c)

Rental vacancy rates, and the anticipated trend in vacancy rates.

(d)

Vacant lands capable of providing affordable housing by housing form.

(e)

Infill and Intensification projects approved and refused by Council.

(f)

A review of neighbourhoods and current zoning to identify potential areas which can be pre-zoned to allow increased intensification.

(g)

Supply of available rooming and boarding units.

(h)

An analysis of land and building costs for new residential construction.

(i)

Potential surplus municipal lands to be evaluated for the suitability for the development of affordable housing as per the requirements of policy 12.2.2. vii) of this Plan.

(j)

Potential surplus Provincial and Federal government lands to be evaluated for the suitability for the development of affordable housing as per the requirements of policy 12.2.2. vii) of this Plan.

(k)

Wait list for subsidized housing.

(l)

Homelessness data.

(m)

Demolition and conversion statistics.

(Clauses (i) to (m) added by OPA 438 Dec. 17/09)

Housing Forms

ii)

The City will incorporate into its Municipal Housing Statement an overview of housing forms being constructed and a monitoring report on residential intensification projects and initiatives.

Land Supply

iii)

The City will monitor on an ongoing basis, land supply and land requirements, as a means of assessing its land needs and the adequacy of its Official Plan and Zoning By-law for meeting land needs objectives.

Monitoring Approvals

iv)

The City will monitor the approval process to assess how targets and procedures for processing development applications are being met, and as the need arises will make revisions to these procedures.

Demolitions and Condominium Conversions

(Clause iv) renumbered by OPA 438 Dec. 17/09)

The City may establish policies to limit the demolition of residential units or the conversion of rental units to condominiums if it is demonstrated through the Housing Monitoring Report that there has been an adverse impact on the supply of affordable housing through these actions. (Clause v) added by OA 438 Dec. 17/09)

13.

PROPERTIES OF CULTURAL HERITAGE VALUE OR INTEREST INTRODUCTION Properties of cultural heritage value or interest include buildings or structures, either individually or in groups, which are considered by Council to be of cultural heritage value or interest at the community, regional, provincial, or national level. Archaeological sites, cultural landscapes and historical sites are also included. Within the City of London, properties of cultural heritage value or interest provide physical and cultural links to the original settlement of the area and to specific periods or events in the development of the City. These properties, both individually and collectively, contribute in a very significant way to the identity of the City. They also assist in instilling civic pride, benefiting the local economy by attracting visitors to the City, and favourably influencing the decisions of those contemplating new investment or residence in the City. The City's properties of cultural heritage value or interest may be threatened by neglect, obsolescence, redevelopment, and the lack of financial means necessary for protection or rehabilitation. The policies of this Chapter of the Plan, in conjunction with the provisions of the Ontario Heritage Act, provide the necessary framework for the protection and enhancement of the City's heritage resources. (Introduction amended by OPA 438 and Ministry Mods. #27, 28 and 29 Dec. 17/09)

13.1.

OBJECTIVES (Amended by OPA 438 Dec. 17/09)

It is intended that the application of the policies of this Chapter of the Plan shall achieve the following objectives: i)

Protect in accordance with Provincial policy those heritage resources which contribute to the identity and character of the City; (Clause i) amended by OPA 438 Dec. 17/09)

ii)

Encourage the protection, enhancement, restoration, maintenance, and utilization of buildings, structures, areas, or sites within London which are considered to be of cultural heritage value or interest to the community; (Clause ii) amended by Ministry Mod. #30 Dec. 17/09)

iii)

Encourage new development, redevelopment, and public works to be sensitive to, and in harmony with, the City's heritage resources; and (Clause iii) amended by OPA 438 Dec. 17/09)

iv)

Increase public awareness and appreciation of the City's heritage resources, and encourage participation by the public, corporations, and other levels of government in the protection, restoration, and utilization of these resources.

13.2.

BUILT HERITAGE The Ontario Heritage Act provides for the designation and conservation of properties of cultural heritage value or interest. Under the Act, a Municipal Council may recognize and protect heritage properties, structures, buildings, or portions of buildings, through designation. Such designation will assist in ensuring that any future changes to a property are in keeping with its character. The policies of this Section of the Plan address the designation of built heritage in London. (Section 13.2. amended by OPA 438 and Ministry Mod. #31 Dec. 17/09)

13.2.1. Inventory of Properties of Cultural Heritage Value or Interest

Council, through its London Advisory Committee on Heritage (LACH) as provided for in Section 13.6.1., will prepare and maintain a descriptive inventory of properties of cultural heritage value or interest within the City of London. The inventory will establish priority levels for the protection of each heritage resource based on a set of established criteria relating to the importance of heritage resources. The location of properties included in the descriptive inventory of heritage resources will be identified in a guideline document as provided for in Section 19.2.2. of this Plan. (Subsection 13.2.1 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 13.2.1. amended by OPA 438 and Ministry Mod. #32 Dec. 17/09)

13.2.2. Criteria for Designation

Council may designate heritage buildings or examples of heritage buildings by by-law pursuant to the Ontario Heritage Act based on the following criteria: (Section 13.2.2. amended by OPA 438 Dec. 17/09)

Architectural Significance

i) (a)

the heritage building is the work of, or reflects the work of, a major architect, designer or landscape architect; (Clause (a) amended by OPA 438 Dec. 17/09)

Historical Significance

(b)

it is an outstanding example of its architectural style or period;

(c)

it is an example of significant engineering or method of construction;

(d)

it is a work of outstanding quality as a result of its plan, or its external or internal treatment of materials, space, or details;

(e)

it is representative of a particular period of design or form of land use; or

(f)

it is the only example, or one of the few remaining examples, within the municipality of a particular period or style of design.

(a)

the heritage building is associated with a person or group

ii)

of persons of local, provincial, national or international importance; (Clause (a) amended by OPA 438 Dec. 17/09)

Contextual Importance

iii)

(b)

it is associated with an event or movement of local, provincial, national or international importance;

(c)

it is associated with some significant aspect of the history or development of the community; or

(d)

it is an early example of the work of an important architect or builder.

(a)

the heritage building forms a essential part of a group of two or more related structures on the same side of the street, on opposite sides of the street or o two or more corners of an intersection;

(b)

it defines or terminates a vista;

(c)

it is an essential element of an area which was laid out according to the planning principles of its period;

(d)

it forms an essential part of a distinctive skyline view; or

(e)

the site is in a critical location where ill-considered construction would adversely affect an important complex of structures or damage an important view or vista.

(Clause iii) added by OPA 438 Dec. 17/09)

13.2.3. Alteration, Removal or Demolition

Where heritage buildings are designated under the Ontario Heritage Act, no alteration, removal or demolition shall be undertaken which would adversely affect the reason(s) for designation except in accordance with the Ontario Heritage Act. (Section 13.2.3. amended by OPA 438 Dec. 17/09)

Agreements, Conservation Easements

To ensure a greater degree of protection to designated heritage buildings, Council may enter into agreements with property owners, or may attempt to secure conservation easements, in order to protect those features of a building or structure deemed to have particular heritage value. (Clause i) amended by OPA 438 Dec. 17/09)

Application for Demolition

ii)

The cultural heritage value or interest of a building will be considered at the time of application for demolition. (Clause ii) amended by Ministry Mod. #33 Dec. 17/09)

13.2.3.1. Alteration or Demolition on Adjacent Lands

Where a heritage building is protected under Parts IV, V or VI of the Ontario Heritage Act, development, site alteration or demolition may be permitted on adjacent lands where it has been evaluated through a Heritage Impact Statement, and demonstrated to the satisfaction of Council that the heritage values, attributes and integrity of the protected heritage property are retained. For the purposes of this section, adjacent

lands shall include lands that are contiguous, and lands that are directly opposite a protected heritage property, separated only by a laneway or municipal road. A holding provision may be applied on the zoning of lands adjacent to protected heritage properties, to ensure that prior to development or site alteration, a Heritage Impact Statement is required to demonstrate how the heritage values, attributes and integrity of the protected heritage property are to be conserved and how any impacts may be mitigated. Section 13.2.3.1. added by OPA 438 Dec. 17/09)

13.3.

HERITAGE CONSERVATION DISTRICTS Under the Ontario Heritage Act, a Municipal Council may designate all or part of the municipality as a Heritage Conservation District. This provides for the protection and enhancement of groups of properties that collectively represent a certain aspect of the development of the municipality considered worthy of preservation. The overall character and value of a Heritage Conservation District is derived both from individual properties and from the combined historic and aesthetic value of the structural and natural components of the area. The Ontario Heritage Act and the policies of the following Section of the Plan provide guidance for the implementation of Heritage Conservation Districts in London. (Section 13.3. amended by OPA 438 Dec. 17/09)

13.3.1. Designation of a Heritage Conservation District

Council may designate areas of the City as Heritage Conservation Districts pursuant to the provisions of the Ontario Heritage Act. Heritage Conservation Districts may comprise a block, a streetscape, or any other contiguous area. Areas of the City which Council considers significant to some degree, and which may be considered for designation as Heritage Conservation Districts may be identified in a guideline document as provided for in section 19.2.2. of this Plan. (Section 13.3.1. amended by OPA 438 Dec. 17/09)

Official Plan Amendment

Where a Heritage Conservation District has been designated by by-law this Plan will be amended to identify both the general location of the Heritage Conservation District and any relevant secondary plans or policies which may apply to the area. (Clause i) amended by OPA 438 Dec. 17/09)

Criteria for Designation

ii)

The following factors will be considered by Council in the evaluation of an area for designation as a Heritage Conservation District: (a)

the association of the area with a particular historical event or era that is unique to the community;

(b)

the presence of properties which are considered significant to the community as a result of their location or setting;

(c)

the presence of properties representing a design or

method of construction which is considered to be of cultural heritage value or interest to the community, region, province, or nation; (Clause (c) amended by Ministry Mod. #34 Dec. 17/09)

Required Background Information

iii)

(d)

the presence of properties which collectively represent a certain aspect of the development of the City which is worthy of maintaining; and

(e)

the presence of physical, environmental, or aesthetic elements which, individually, may not constitute sufficient grounds for the designation of a Heritage Conservation District, but which collectively are significant to the community.

Council will require the submission of a background study containing detailed supporting information to assist in the evaluation of an area for designation as a Heritage Conservation District. The background study should identify and describe specific elements of the area which collectively warrant the identification of the area to be designated as a Heritage Conservation District. The background study should also recommend objectives of designation and content of the Heritage Conservation District Plan and should also contain recommendations on the extent of new development or redevelopment that should be permitted, and how such development can be made compatible with existing development in the area, in terms of scale, form, and character. (Clause iii) amended by OPA 438 Dec. 17/09)

13.3.2. Changes to Buildings or Structures

After a Heritage Conservation District has been designated by Council the erection, alteration, demolition, or removal of buildings or structures within the District shall be subject to the provisions of the Ontario Heritage Act and any secondary plan which takes the form of a Heritage Conservation District Plan. (Section 13.3.2. amended by OPA 438 Dec. 17/09)

13.3.3. Heritage Conservation District Plan

In conjunction with the designation of a Heritage Conservation District, Council may prepare and adopt an area study for the purposed of detailing improvements to the area and establishing policies to be considered in the review of development and redevelopment applications. In addition to the policies of this Section, the provisions of Section 19.2.1. of the Plan concerning secondary plans shall apply. (Section 13.3.3. amended by OPA 438 Dec. 17/09)

Area Study

Matters which may be addressed through an area study include: (a)

background information including a description of specific elements of the area which collectively justify the creation and maintenance of the Heritage Conservation District;

(b)

general guidelines for physical change within the area;

(c)

a description of the procedure for processing applications for new development, or for alterations to existing development within the area;

(d)

details of any proposed or recommended improvements to the area, including proposed improvements to any publicly owned land or facilities; and

(e)

details of any programs for financial or other assistance directed towards enhancement of the cultural heritage value or character of the area. (Clause (e) amended by Ministry Mod. #35 Dec. 17/09)

13.3.4. Zoning By-law Amendments

After a Heritage Conservation District has been designated by Council, Council may amend the Zoning By-law to control new development and redevelopment so that it is in keeping with the scale, form, and character of existing development in the area. (Section 13.3.4. amended by OPA 438 Dec. 17/09)

13.3.5. ImplementationHeritage Conservation District Plans

Within the Heritage Conservation Districts identified on Figures 13-1, 13-2, 13-3, 13-4 and 13-5 Council shall be guided by the policies of this Plan and the Heritage Conservation District Plan prepared in accordance with Section 19.2.1., (Area Studies), and Section 19.2.2., (Guideline Documents). (Subsection 13.3.5 OPA No. 236 approved 01/11/19, OMB file No. M010099 of which no appeals were received) (OPA No. 390 - approved 2006-04-10) (OPA 446-July 22, 2008) (Section 13.3.5. amended by OPA 438 Dec. 17/09)

13.3.6. Heritage Conservation Districts

Within Heritage Conservation Districts established under the provisions of this Plan, the following policies shall apply: i)

the character of the District shall be maintained by encouraging the retention of existing structures and landscape features;

ii)

the design of new development, either as infilling or as additions to existing buildings, should complement the prevailing character of the area;

iii)

regard shall be had at all times to the guidelines and intent of the Heritage Conservation District Plan; and

iv)

development on land adjacent to designated Heritage Conservation Districts shall be encouraged to be sensitive to the characteristics of the District.

(Section 13.3.6. renumbered and Clause iii) amended by OPA 438 Dec. 17/09)

13.3.7. Heritage Conservation Areas

Heritage Conservation Areas comprise individual properties designated under Part IV of the Ontario Heritage Act and a larger group of properties designated under Part V of the Ontario Heritage Act.

(Section 13.3.7. renumbered and amended by OPA 438 Dec. 17/09)

13.3.8.

SPECIFIC HERITAGE CONSERVATION DISTRICTS

13.3.8.1. East Woodfield

The East Woodfield Heritage Conservation Area, identified on Figure 13-1, features important historical changes associated with a formative aspect of London's growth and development, changes notably the transformation of large rural estates to distinct residential suburban areas away from the early urban core of London. A considerable range and diversity of architecture, with both frame and brick residential buildings, is apparent. The Area has a mature, residential landscape comprising a diverse, wellmaintained scenic setting of boulevard sidewalks and treed canopies.

ii)

It is the intention of Council to maintain, protect and conserve the East Woodfield Heritage Conservation Area. Council shall have regard to Official Plan policies as they apply generally to heritage conservation districts in Section 13.5 and, in particular, to control any changes to property designated under Part IV of the Ontario Heritage Act, in accordance with Official Plan policies and the East Woodfield Conservation District Plan.

iii)

Council shall also seek the following within the East Woodfield Heritage Conservation Area: (a)

the residential character of the area shall be maintained by encouraging the preservation of existing dwellings, grass boulevards, individual street trees and tree lines;

(b)

the design of new development, either as infilling, alterations or additions to existing buildings, should complement the prevailing residential character of the area; and

(c)

public works shall have a minimal impact on the character of the area, particularly to its tree-lined streets, boulevards and sidewalks.

(Section 13.3.8.1. renumbered and moved by OPA 438 Dec. 17/09)

13.3.8.2. Bishop Hellmuth

The Bishop Hellmuth Heritage Conservation District identified on Figure 13-2, encompasses an important area of London from an historical perspective, as well as from the vantage point of urban development in the late 19th to early 20th century. Isaac Hellmuth, the District's namesake, played a seminal role in the development of London as an education centre. He was the principal of Huron College (which formed the nucleus of the University of Western Ontario), Hellmuth Boys' College (1864) and Hellmuth Ladies' College (1867), both ranked as important educational institutions at the time. Hellmuth Boys' College encompassed an entire city block of the District, bounded by Wellington, Grosvenor, St. James and Waterloo Streets. Following the demolition of this institution in 1895, the neighborhood was divided into building lots. The residential architecture, tree-lined streets and boulevards, and back lanes created at the time continue to give the District a

visually rich and complex environment. This is augmented by the narrow street allowances, small front yards, and two storey building heights that create a spatially intimate streetscape of rare quality in London. ii)

It is the intention of Council to maintain, protect and conserve the Bishop Hellmuth Heritage Conservation District. Council shall have regard to Official Plan policies as they apply to heritage conservation districts in Section 13.5 and, in particular, to control any changes to property designated under Part V of the Ontario Heritage Act, in accordance with Official Plan policies and the Bishop Hellmuth Heritage Conservation District Plan and Guidelines.

(Subsection 13.6.2 added as per OPA No. 236 approved 01/11/19, OMB file No. M010099 of which no appeals were received) (Section 13.3.8.2. renumbered and moved by OPA 438 Dec. 17/09)

13.3.8.3. Old East

The Old East Heritage Conservation District, identified on Figure 13-3, encompasses the area within what was historically known as the English Survey, land originally owned by settler Noble English. This area was part of London Township until 1874 when London East began its short life as an incorporated municipality lasting until 1885 when it was amalgamated with the city. Sparked by the development of the early refinery industry and the establishment of the railways and industries related to it, London East became the economic engine for the city of London. From 1880-1930 London grew by an average of 1000 people per year. The Old East part of London absorbed many of the immigrants who not only found jobs nearby, but also in the factories, retail shops and wholesale enterprises downtown. Many workers employed in the plants and factories nearby lived in the Old East which evolved into a solid, prosperous community of wage-earners that supported the three block commercial area on Dundas Street. Except for the frontage along Dundas Street, this entire area was developed as a residential area over a fairly long period, from 1860 to 1930. Today, structures can be found in the area that reflect many different points in its development. A large percentage of the structures in the district not only have survived from the time they were built but have survived, for the most part, in a good state of preservation. Taken together with the remaining industrial and commercial structures adjacent to it, the entire area of London East is a living archive of the historical development not only of London but of urban Southwestern Ontario.

ii)

It is the intent of Council to maintain, protect and conserve the Old East Heritage Conservation District. Council shall have regard to Official Plan policies as they apply to heritage conservation districts in Section 13.4 and, in accordance with Official Plan policies and the Old East Heritage Conservation District Plan and Conservation Guidelines. (OPA No. 390) (Section 13.3.8.3. renumbered and moved by OPA 438 Dec. 17/09)

13.3.8.4. West Woodfield

The West Woodfield Heritage Conservation District, identified on Figure 13.4 encompasses an important area of London from an historical perspective in terms of its association with lands once occupied by the British military garrison and subsequently redeveloped following the removal of the garrison. The West Woodfield neighbourhood is one of London’s older neighbourhoods, created in proximity to the urban centre, and retains a large number of original buildings that are well crafted and maintained and located prominently near the centre of the City. Architectural styles and influences are consistent with the more popular styles of the period in which they were constructed, including Italianate, Queen Anne, and Edwardian styles. Of particular note are a substantial number of dwellings that are “storey and a half” Queen Anne gable front houses, some in concentrated groupings. Throughout the neighbourhood there is a visual consistency to the architecture delivered through the repetition of front porches, decorative gables and recurring window forms and details. The development of the neighbourhood over the years is evident, too, in a large number of converted residential dwellings which have retained much of their original architectural integrity. In addition to the residential building stock there are a number of other prominent and well-preserved public buildings including four churches, the City’s former public library, the band shell in Victoria Park and the City Hall. The area is further enriched with an impressive street tree canopy including Victoria Park, and a network of back lanes reflecting the more traditional patterns of movement and development.

ii)

It is the intention of Council to maintain, protect and conserve the West Woodfield Heritage Conservation District. Council shall have regard to Official Plan policies as they apply to heritage conservation districts in Section 13._ and, in particular, to control any changes to property designated under Part V, of the Ontario Heritage Act, in accordance with Official Plan policies and the West Woodfield Heritage Conservation District Plan and Guidelines. (OPA No. 446 passed July 28, 2008)

13.3.8.5

Downtown The Downtown Heritage Conservation District, identified on Figure 13-5, encompasses a portion of the Downtown as defined by the Official Plan in Figure 4-1. The Downtown Heritage Conservation District Background Study assessed the heritage resources within the Downtown boundaries and determined that the greatest concentration of important buildings was contained within the area defined in Figure 13-5. The Downtown is the administrative, cultural and commercial centre of the City of London and has been since London was founded. It contains the greatest collection and variety of heritage buildings in the City. Entire streetscapes, especially along

Richmond Street and portions of Dundas Street, are still present. The Downtown Heritage Conservation District Plan identifies and prioritizes all the heritage buildings within the boundary and, for each, identifies the heritage features that should be retained and enhanced. It also provides guidelines on methods to do this. It is the intent of Council to maintain, protect and conserve the Downtown Heritage Conservation District. Council shall have regard to Official Plan policies as they apply to heritage conservation districts in Section 13.3 and in accordance with Official Plan policies and the Downtown Heritage Conservation District Plan. (Added as per OPA 524)

13.4. 13.4.1. Scope

ARCHAEOLOGICAL RESOURCES Council will facilitate, in accordance with Provincial policy efforts to preserve and excavate historic and pre-historic archaeological resources. Council will consult with the Ministry of Culture and with the archaeological committee of LACH on matters pertaining to archaeological resources. (Subsection 13.2.4 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 13.4.1. renumbered, moved and amended by OPA 438 and by Ministry Mod. #36 Dec. 17/09)

13.4.2. Archaeological Master Plan

The City will prepare and maintain an Archaeological Master Plan to provide direction for the identification, evaluation and conservation of archaeological resources through the land use planning process. The Master Plan is intended to: i)

inventory all known and suspected archaeological sites within the City of London;

ii)

inventory all areas assessed for archaeological concerns;

iii)

develop an archaeological predictive model to be used by City staff in order to determine if a proposed development area requires an archaeological field assessment; and

iv)

develop appropriate procedures to ensure the implementation and maintenance of the Master Plan, including the update of the archaeological site and properties database.

The City will work in close co-operation with the Ministry of Culture, LACH, the Museum of Ontario Archaeology and professional archaeological consultants in the maintenance and implementation of the Archaeological Master Plan and its databases. (Subsection 13.2.4.1 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 13.4.2. renumbered, moved and amended by OPA 438 and Ministry Mod. #37 Dec. 17/09)

13.4.3. Applications Subject to Review

Applications for planning approvals that will be subject to review for their potential impact to archaeological resources include: i)

area plans;

ii)

plans of subdivision;

iii)

Official Plan amendments;

iv)

Zoning By-law amendments; and

Consents.

Archaeological assessment requirements may be imposed if it is determined through the application of the archaeological potential model that any part of the subject area possesses archaeological resource potential or known archaeological resources, and that the proposal involves some form of ground disturbance. (Subsection 13.2.4.2 OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 13.4.2. renumbered ad moved by OPA 438 Dec. 17/09)

13.4.4. City Projects

City initiated development projects involving ground disturbance on public lands will be reviewed to determine their potential impact on archaeological resources and assessment requirements will be imposed where warranted. (Subsection 13.2.4.3 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 13.4.4. renumbered and moved by OPA 438 Dec. 17/09)

13.4.5. Preparation of Guidelines for Specific Cultural Heritage Landscapes

Subject to the provisions of Section 19.2.2. of this Plan, Cultural Heritage Landscape Guidelines will be adopted for each Cultural Heritage Landscape identified in Policy 13.4.7. of this Plan. These guidelines will include, but not be limited to: i)

A refined delineation of the Cultural Heritage Landscape

ii)

The important history and physical features, activities and processes that have shaped the Cultural Heritage Landscape

iii)

The physical features within the Cultural Heritage Landscape that should be retained

iv)

The opportunities for recognizing and interpreting the Cultural Heritage Landscape

Guidelines for all future projects within the landscape to promote, enhance and conserve the Cultural Heritage Landscape

(Section 13.4.5. renumbered under Section 19.12.8. ii) of the Official Plan)

13.4.6. Public Works and Projects

All Public works and projects, including, but not limited to park improvements and open space conservation projects, will conform to applicable Cultural Heritage Landscape Guidelines. (Section 13.4.6. renumbered under Section 19.12.8. ii) of the Official Plan)

13.4.7. Listed Cultural Heritage Landscapes

The following are Cultural Heritage Landscapes that will be conserved under the policies of Section 13.5. of this Plan.

13.5.

CULTURAL HERITAGE LANDSCAPES

OPA No. 269 approved 03/02/17 (Section 13.4.7. renumbered under Section 19.12.8. ii) of the Official Plan)

It is a provincial policy that Cultural Heritage Landscapes will be conserved. The following policies established the means for identifying and conserving Cultural Heritage Landscapes in London. The term conservation refers to guiding change so as to guard against unnecessary damage, waste or loss of heritage resources, ensuring the continuity of those historic elements that are highly valued by the community. (Section 13.5. renumbered by OPA 438 Dec. 17/09)

13.5.1. Guidelines for the Identification of Cultural Heritage Landscapes

A Cultural Heritage Landscape is a specific geographic area of heritage significance composed of a number of heritage elements. Such landscapes may be associated with historic events, activities, or people. Such a landscape is valued by Londoners and is of significance to the understanding of the history of a people or place. Cultural Heritage Landscapes will only be recognized where ownership consent is given. Cultural Heritage Landscapes will be recognized primarily on publicly owned lands, but may also be identified on privately owned property. Cultural Heritage Landscapes will be identified based upon Guidelines for the Identification of Cultural Heritage Landscapes, as adopted by City Council under the provisions of Section 19.2.2. of this Plan. (Section 13.5.1. renumbered by OPA 438 Dec. 17/09)

13.5.2. Conservation of Cultural Heritage Landscapes

Conservation of Cultural Heritage Landscapes will be managed through the use of guideline documents. These guidelines will identify physical features that are to be conserved and will describe opportunities for recognition, interpretation, promotion and conservation. Such guidelines will be prepared for each Cultural Heritage Landscape listed in Section 13.5.5. of the Official Plan. (Section 13.5.2. renumbered and amended by OPA 438 Dec. 17/09)

13.5.3. Preparation of Guidelines for Specific Cultural Heritage Landscapes

Subject to the provisions of Section 19.2.2. of this Plan, Cultural Heritage Landscape Guidelines will be adopted for each Cultural Heritage Landscape identified in Policy 13.5.5. of this Plan. These guidelines will include but not be limited to: i)

A refined delineation of the Cultural Heritage Landscape;

ii)

The important history and physical features, activities and processes that have shaped the Cultural Heritage Landscape;

iii)

The physical features within the Cultural Heritage Landscape that should be retained;

iv)

The opportunities for recognizing and interpreting the Cultural Heritage Landscape

Guidelines for all future projects within the landscape to promote, enhance and conserve the Cultural Heritage Landscape

Section 13.5.3. renumbered and amended by OPA 438 Dec. 17/09)

13.5.4. Public Works and Projects

All public works and projects, including, but not limited to park improvements and open space conservation projects, will conform to applicable Cultural Heritage Landscape Guidelines. (Section 13.5.4. renumbered and amended by OPA 438 Dec. 17/09)

13.5.5. Listed Cultural Heritage Landscapes

The following are Cultural Heritage Landscapes that will be conserved under the policies of Section 13.5. of this Plan.

13.6.

IMPLEMENTATION

(Section 13.5.5. renumbered and amended by OPA 438 Dec. 17/09)

Methods of implementation which are available to Council and directed towards the preservation and enhancement of heritage resources are described in the following policies. (Section 13.6. renumbered by OPA 438 Dec. 17/09)

13.6.1. Methods of Implementation LACH

Council may encourage the preservation and enhancement of heritage resources through the following methods:

The appointment of a Local Advisory Committee on Heritage (LACH), in accordance with the provisions of the Ontario Heritage Act. The responsibilities of LACH shall include: (a)

making recommendations to Council on the designation of heritage resources and heritage conservation districts;

(b)

advising Council on matters pertaining resources; and

(c)

undertaking specific duties pertaining to heritage resources, as assigned and authorized by Council from time to time.

to heritage

Other Heritage Organizations

ii)

The provision of support for heritage foundations and other nonprofit organizations having an interest in, or a commitment to, the protection and restoration of the City's heritage resources.

Heritage Programs

iii)

The participation in the programs of senior levels of government designed or intended for the protection and restoration of heritage resources.

Municipal Assistance

iv)

The consideration of funding programs to aid in the protection and restoration of heritage resources threatened by deterioration, demolition, or excavation.

Municipal By-laws

The introduction of new by-laws or the amendment or existing bylaws to encourage the protection and maintenance of heritage resources.

Publication of

vi)

Support for promotional and educational programs designed to

Information

increase public awareness and appreciation of the City's heritage resources.

Municipallyowned Heritage Resources

vii)

Council will endeavour to protect, restore, and maintain municipally-owned heritage resources, and will encourage the efforts of other public bodies and agencies to do likewise.

Threatened Heritage Resources

viii)

Where heritage resources are threatened by deterioration, demolition, sale, or transfer, Council may offer assistance to prevent the loss of such resources.

ix)

The Zoning By-law will contain provisions to recognize and zone properties which are designated by Council under the provisions of the Ontario Heritage Act, as being of cultural heritage value or interest where it is Council's desire to retain the existing structure and encourage compatible development.

Heritage Zoning

(Clause ix) renumbered and amended by OPA 438 and Ministry Mod. #38 Dec. 17/09)

Heritage Resources Inventory

Where a property has been identified by Council on the Heritage Resources Inventory as being of cultural heritage value or interest to the City, the Zoning By-law may contain provisions which notify property owners and the public that the property is included in the Heritage Resources Inventory. (Clause x) renumbered by OPA 438 and Ministry Mod. #39 Dec. 17/09)

13.6.2. Development, Redevelopment

Council will endeavour, through its approval process, to discourage new development or redevelopment that detracts from the integrity or results in the destruction of heritage resources. (Section 13.6.2. renumbered by OPA 438 Dec. 17/09)

Development Incentives

Council will encourage the integration of heritage resources into development or redevelopment projects.

Bonus Zoning

ii)

Through the use of bonus zoning, Council may permit increases to the density limits applicable to a proposed development on property designated in exchange for the preservation of an on-site building designated under the Ontario Heritage Act or a streetscape of architectural and/or historical significance which Council has identified as being of cultural heritage value or interest to the City and which is identified in the list of potential Heritage Conservation Districts which have been adopted as a guideline document to this Plan. Provisions for bonus zoning are contained in Section 19.4.4. of the Plan. (Clause ii) renumbered and amended by OPA 438 and Ministry Mod. #40 Dec. 17/09)

Impact of Planning, Public Works

iii)

Council, in its consideration of planning initiatives, policies, bylaws, and public works, such as the realignment and widening of streets, shall have regard for the potential impact of these undertakings on identified heritage resources.

FIGURE 13-1 EAST WOODFIELD HERITAGE CONSERVATION DISTRICT

FIGURE 13-2 BISHOP HELLMUTH HERITAGE CONSERVATION DISTRICT (Figure 13-2 Added as per OPA No. 236 approved 01/11/19, OMB file No. M010099 - no appeals received)

FIGURE 13-4 WEST WOODFIELD HERITAGECONSERVATION DISTRICT (Figure 13-4 added by OPA No. 446 passed July 22, 2008)

14.

COMMUNITY IMPROVEMENT POLICIES INTRODUCTION The Community Improvement provisions of the Planning Act provide the opportunity to plan for, and co-ordinate, comprehensive physical improvements to older areas of the City. "Community Improvement Policies" are intended to give municipalities a planning mechanism, and access to, a variety of provincial cost-sharing programs, to address deficiencies within designated areas in a co-ordinated and comprehensive fashion, and to encourage private investment activity in these areas. Under the Planning Act, municipalities may designate "Community Improvement Project Areas" within which the City may acquire lands, prepare improvement plans, and undertake various community improvement projects and works to implement these plans. The policies of this Chapter of the Plan provide a framework for the selection and designation of "Community Improvement Project Areas", and for the preparation and implementation of community improvement plans.

14.1.

COMMUNITY IMPROVEMENT OBJECTIVES It is intended that the application of the Community Improvement Policies shall be directed towards the following objectives: i)

Provide for the designation of "Community Improvement Project Areas" in areas of the City that exhibit problems of instability, building deterioration, inadequate municipal services and facilities, or inappropriate arrangement of land uses.

ii)

Promote the long term stability and viability of designated "Community Improvement Project Areas".

iii)

Encourage the co-ordination of municipal expenditures and planning and development activity within designated "Community Improvement Project Areas".

iv)

Stimulate private property maintenance and reinvestment activity.

Enhance the visual quality of designated "Community Improvement Project Areas" through the recognition and protection of heritage buildings.

vi)

Reduce the detrimental effects of incompatible land uses in designated "Community Improvement Project Areas".

vii)

Upgrade physical services and social and recreational facilities in designated "Community Improvement Project Areas".

viii)

Promote the improvement of energy efficiency standards for residential, commercial, industrial, public, recreational,

institutional, religious, charitable or other uses within the designated community improvement project areas. ix)

Support the creation of Affordable Housing by considering any municipally-owned, undeclared surplus land for Affordable Housing before any other use is considered subject to policy 12.12.2.2. ix) of this Plan.

Support the implementation of measures that will assist in achieving sustainable development and sustainable living.

xi)

Support the retention of heritage properties or areas.

(Clauses viii), ix), x) and xi) added by OPA 438 Dec. 17/09)

14.2.

SELECTION AND PHASING OF COMMUNITY IMPROVEMENT AREAS Areas within the City which are eligible for designation as residential, commercial, or industrial "Community Improvement Project Areas" are shown on Figure 14-1 of the Plan - Areas Eligible for Community Improvement. Policies of this Section of the Plan describe the basis for the selection of these areas, and outline criteria for the designation and phasing of "Community Improvement Project Areas".

14.2.1. Areas Eligible for Community Improvement Residential

Commercial and Industrial

Eligible areas from which specific "Community Improvement Project Areas" may be designated, are shown on Figure 14-1 of the Plan, "Areas Eligible for Community Improvement". Additional eligible areas may be added by amendment to the Plan. i)

ii)

The selection of areas which are eligible for residential community improvement is based on the following criteria: (a)

a significant proportion of residential properties in need of rehabilitation;

(b)

average household income below City average;

(c)

deficiency or inadequate development of parkland or social and recreational facilities;

(d)

need for improvement to municipal services including storm sewers, sanitary sewers, sidewalks, curbs and gutters, streetlights, and watermains;

(e)

a stable pattern of land use; and

(f)

eligibility for designation for assistance neighbourhood improvement program.

under

The selection of areas which are eligible for commercial or industrial community improvement is based on the following

criteria:

14.2.2. Designation of Community Improvement Project Areas Residential

Commercial

(a)

older areas of predominantly commercial or industrial use, which are potentially stable and viable;

(b)

need for improvement to streetscapes and municipal services including storm sewers, sanitary sewers, sidewalks, curbs and gutters, streetlights and watermains;

(c)

a significant proportion of commercial properties in need of rehabilitation;

(d)

traffic or parking problems;

(e)

land use problems associated with incompatible uses or an under-utilization of land, which detracts from the functioning and viability of the area; and

(f)

a demonstrated interest in community improvement by the private firms within an area.

Council may designate, by by-law, "Community Improvement Project Areas" from the areas shown on Figure 14-1 - Areas Eligible for Community Improvement. These areas are eligible for "community improvement" as defined in the Planning Act.

ii)

Two categories of eligible residential areas have been defined as follows: (a)

High Priority Areas, which are currently designated for assistance under a neighbourhood improvement program, or which meet all of the other criteria.

(b)

Low Priority Areas, which are deficient only in municipal services or park and recreational facilities, but not both; or which have indications of instability in the existing pattern of land use.

The eligible commercial areas are: (a)

The Downtown, as defined on Schedule "A" - the Land Use map. This area includes a Business Improvement Area known as the Downtown Improvement Area.

(b)

Old East Village This is an older commercial district designated by the Old East Village Community Improvement Project Area and

encompassing the Old East Business Improvement Area. (OPA #442)

(c)

Established Older Business Districts Several older business districts which serve neighbourhood and, in some cases, broader retail markets, have been delineated on the basis of their age and potential benefit from co-ordinated physical improvements.

(d)

SoHo Area This Amendment applies to lands that are designated Main Street Commercial Corridor and located on Wellington Street between the Thames River (South Branch) and the Canadian National Railway or ands that are designated Main Street Commercial Corridor or Auto-Oriented Commercial Corridor and located on Horton Street. (OPA #503)

iii) Industrial

iv)

The eligible industrial areas are: (a)

Older Industrial Areas Several older industrial areas of the City which have been delineated on the basis of their age and potential benefit from coordinated physical improvements.

(b)

Special Study Area An older industrial area extending south from Dundas Street to the C.N.R. rail lines east of Egerton Street where several industries have initiated a request for municipal attention to the improvement of municipal services in the area.

(c)

Airport Area The area in proximity to London International Airport generally east of Airport Road and north of the C.P.R. and designated for industrial development. (OPA 389)

Brownfields

The eligible brown field sites include vacant or underutilized lands and buildings located within the Urban Growth Area that have been contaminated as a result of previous development activity. (OPA No. 382)

The following factors will be considered in the selection and phasing of

14.2.3. Phasing Federal and Provincial Programs Priorities

14.3.

"Community Improvement Project Areas": i)

The availability of federal and provincial programs as well as the relative need for physical improvement in specific areas.

ii)

Those residential areas shown on Figure 14-1 - Areas Eligible for Community Improvement, as Low Priority, will generally be considered after the areas of High Priority, except where circumstances warrant earlier consideration.

IMPLEMENTATION The policies of this Section of the Plan describe various initiatives which may be undertaken by Council to deal with existing deficiencies and to encourage private investment activity within designated "Community Improvement Project Areas".

14.3.1. Residential

Within residential areas shown on Figure 14-1 - Areas Eligible for Community Improvement, federal and provincial government programs which are made available to assist with area improvement will be utilized where appropriate.

14.3.2. Commercial

Council may encourage revitalization, redevelopment, and infilling development in commercial areas using the powers provided in the Municipal Act and the Planning Act. This may include the upgrading of underground services and utilities to support more intensive redevelopment, the use of zoning practices which support a community improvement plan, and the provision of loans to the owners of commercial properties to encourage rehabilitation.

Downtown

Older Established Business Districts

14.3.3. Industrial

ii)

Community improvements in the Downtown will be designed to: (a)

implement the objectives and policies of the Official Plan with respect to the Downtown; and

(b)

provide for streetscaping, servicing, and building rehabilitation and improvements to enhance the Downtown, and encourage complementary revitalization or redevelopment through private investment.

Community improvements in established business districts will address the needs of the area for both servicing improvements and projects to improve the attractiveness and functioning of the area.

Community improvements in industrial areas will either upgrade or provide municipal services such as curbs, gutters, sewers, sidewalks, streetlighting and roads to improve the function of the area and its potential attractiveness for new firms or expansion of existing firms. Council may also encourage redevelopment or infill development in conformity with a community improvement plan through the provision of

loans to the owners of industrial properties. (OPA No. 389)

14.3.4. Other Implementation Measures

In addition to the community improvement methods discussed in the preceding sections, Council may assist in the implementation of community improvement through the following methods:

Official Plan, Zoning By-law Amendments

consideration of the objectives of community improvement within individual "Community Improvement Project Areas" in the evaluation of applications for Official Plan and/or Zoning By-law amendments in these areas;

Preparation of Budget

ii)

consideration of the need for community improvement measures during the preparation of the capital and current budgets;

Land Acquisitions

iii)

the acquisition, holding and preparation of land for the purposes of community improvement within designated "Community Improvement Project Areas", where appropriate;

Property Standards

iv)

the enforcement of the Property Standards By-law to avoid seriously sub-standard properties in accordance with the policies of Section 19.10. of the Plan; and

Building Rehabilitation and Conversion Programs

the administration of senior government programs for the rehabilitation of residential buildings or the conversion of nonresidential buildings to residential use.

Brownfields

vi)

the adoption of incentives to encourage the remediation and redevelopment of vacant or underutilized lands and buildings that have been contaminated as a result of previous development activity. (OPA No. 382)

Grants and Loans

vii)

grants and loans may be provided by the City to registered owners, assessed owners, and tenants of lands and buildings within a community improvement project area, and their assigns, for the purpose of implementing the community improvement measures under this plan. (Clause vii) amended by OPA 438 Dec. 17/09)

viii) Affordable Housing Programs

the construction, reconstruction or rehabilitation of residential buildings, including the conversion of non-residential buildings, for Affordable Housing as well as administering senior government programs for the provision thereof. (Clause viii) added by OPA 438 Dec. 17/09)

OPA 389 approved by Council April 10, 2006

15.

ENVIRONMENTAL POLICIES INTRODUCTION The Environmental Policies of the Plan provide for the recognition and protection of significant natural features and ecological functions; lands subject to development constraints such as flooding and erosion hazards, contaminated soils and abandoned oil and gas wells; and lands containing aggregate, mineral or petroleum resources. This is consistent with the 2007- 2010 Council Strategic Plan which identifies Environmental Leadership as a strategic priority. The lands known to be subject to the policies of Chapter 15 are delineated on Schedule “B1 – Natural Heritage Features, and “B2” - Natural Resources and Natural Hazards. Where warranted on the basis of environmental studies, lands may be added to Schedules “B1” and “B2” through amendments to the Official Plan. (Introduction deleted and replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Introduction amended by OPA 438 Dec. 17/09)

15.1.

OBJECTIVES FOR ENVIRONMENTAL POLICIES (Section 15.1 replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

It is intended that the development and use of natural heritage areas, areas containing natural or human generated hazards, and aggregate, mineral and petroleum resource areas, shall be directed towards the following objectives: 15.1.1. Natural Heritage Objectives

Achieve healthy terrestrial and aquatic ecosystems in the City's subwatersheds.

ii)

Provide for the identification, protection and rehabilitation of significant natural heritage areas.

iii)

Protect, maintain and improve surface and groundwater quality and quantity by protecting wetlands, groundwater recharge areas and headwater streams.

iv)

Enhance the contribution of the Natural Heritage System to urban form and community design.

Maintain, restore, and improve the diversity and connectivity of natural features, and the long-term ecological function with biodiversity of natural heritage systems.

vi)

Encourage, through education and incentive programs, the cooperation of property owners in the maintenance of or enhancement to the naturalization of lands.

vii)

Develop targets for woodland cover through the preparation of an Urban Forest Strategic Plan.

(Clauses v), vi) and vii) added by OPA 438 Dec. 17/09)

15.1.2. Natural Hazards Objectives

Minimize the possibility of property damage, social disruption and danger to life from flooding, by restricting the uses and activities permitted on lands susceptible to flooding and/or erosion processes (Clause i) amended by OPA 438 Dec. 17/09).

ii)

Provide for limited and controlled development on flood plain lands in accordance with provincial policies, where such development would be safe and appropriate, and would not reduce flood storage capacity.

iii)

Through acquisition and agreement, provide for the use of flood plain lands as public open space.

iv)

Identify flood plain , slope and erosion hazard areas, and prohibit or regulate land use activity in areas where public safety may be affected by natural hazards, in accordance with Provincial natural hazard management policies, and regulations under the Conservation Authorities Act. (Clause iv) deleted and replaced by Ministry Mod. #41 Dec. 17/09)

Minimize the risk to public safety and to property due to erosion and slope instability. (Clause v) amended by OPA 438 Dec. 17/09)

15.1.3. Human Generated Hazards Objectives

Minimize the potential for contaminated lands to create a hazard to public health and safety, to property or to the natural environment.

ii)

Encourage the restoration of contaminated land.

iii)

Support development and redevelopment proposals that will facilitate the remediation of vacant or underutilized brownfield sites. (Clauses ii) and iii) added by OPA 438 Dec. 17/09)

15.1.4. Objectives for Aggregate, Mineral and Petroleum Resource Areas

Provide for the continuation of existing extractive operations.

ii)

Provide for the expansion of existing pits and quarries, and the establishment of new pits and quarries, where appropriate.

iii)

Protect mineral aggregate resources for long-term use.

iv)

Minimize potential land use compatibility problems between pits and quarries and surrounding land uses.

Provide for the sensitive rehabilitation of pits and quarries to an appropriate after-use compatible with the long-term intent of the Plan.

vi)

Minimize the potential for safety hazards from abandoned oil or gas wells. (Clause iii) added and iv) v) and vi) renumbered by OPA 438 Dec. 17/09)

15.1.5. Agricultural Uses

Provide for the continuation of existing agricultural activities.

ii)

Promote farm practices which are environmentally sustainable.

iii)

Promote the protection of natural and environmental features in the farming community through the mechanisms noted in Subsection 15.3.5 of this Plan.

iv)

Permit improvements to the agriculturally related infrastructure such as drainage systems while having regard to the policies of Section 15 of the Plan. (Ministry Modification No.1 to OPA No. 88) (Section 15.1 replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause iv) amended by OPA 438 Dec. 17/09)

15.2.

NATURAL HERITAGE SYSTEM (Section 15.2 replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

This section provides the policy framework for a Natural Heritage System for London. The policies provide for the recognition and protection of natural features and ecological processes that are important to the sustainability of healthy urban and rural environments. 15.2.1. Sub-Watershed Studies

The City of London Sub-Watershed Studies provide background for the content and implementation of the Natural Heritage Water Resources Management policies. These studies include the watersheds of all of the major tributaries entering the Thames River within the City as well as the upper reaches of the Kettle Creek Watershed which flows to Lake Erie. These are areas of the City not covered by the Subwatershed Studies, including much of the pre-annexation City. Environmental studies within these areas may identify lands that should be protected as part of the Natural Heritage System. Such findings will result in amendment to Schedule “A” and/or “B1”, as necessary, to implement the policies of this Plan. (Amended by OPA 438 Dec. 17/09)

The Sub-Watershed Studies apply an ecosystem planning approach to the identification of: lands to be protected or conserved; criteria to be applied in the planning and design of development to protect and restore natural features ecological functions; opportunities for enhancement and rehabilitation of natural features and ecological functions; management practices to mitigate impacts from existing land uses; and programs to promote education, awareness and stewardship. These Studies provide a generalized level of direction that will be refined through more area specific assessment including area planning studies and environmental impact studies. 15.2.2. Purpose of Natural Heritage Policies

The Natural Heritage policies establish the requirements for the refinement and protection of the Natural Heritage System through public ownership/acquisition, stewardship, management and rehabilitation, ecological buffers and the preparation of area planning studies, environmental impact studies, environmental assessments or conservation master plans. (Section 15.2.2. amended by OPA 438 Dec. 17/09)

15.2.3. Natural Heritage Policies - Open Space Environmental Review

The Natural Heritage policies apply as an overlay to the land use designations shown on Schedule "A". Many, but not all Natural Heritage features identified on Schedule "B" are designated as "Open Space" or "Environmental Review" on Schedule "A", depending on the attributes of the feature and the need for further evaluation to assess significance, refine boundaries and determine the appropriate level of protection. Where they are designated Open Space or Environmental Review, the Natural Heritage policies should be read in conjunction with the Open Space and Environmental Review policies contained in Chapters 8A and 8B respectively. (Section 15.2.3. replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 15.2.3. amended by OPA 438 Dec. 17/09)

15.2.4. Other Land Use Designations

Components of the Natural Heritage System that are identified on Schedule “B1” but not designated Open Space or Environmental Review on Schedule “A”, will be evaluated to further assess their significance and determine the need for protection under the policies of the Official Plan. Where appropriate, these features and functions may be protected in whole or in part through measures such as, but not limited to, Open Space zoning, tree preservation plans associated with subdivision or site plan applications, public land acquisition, site alteration and tree conservation by-laws, conservation easements and private stewardship initiatives. (Section 15.2.4. added by OPA 438 Dec. 17/09)

15.3.

NATURAL HERITAGE AREAS DESIGNATED AS OPEN SPACE (Section 15.3 replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Natural heritage areas designated as Open Space represent significant natural features and ecological functions. While these areas are protected to some extent by their inclusion in the Open Space designation, additional measures to provide for their protection and rehabilitation are considered necessary. (Section 15.3 amended by OPA 438 Dec 17/09)

15.3.1. Lands Included

Natural heritage areas designated as Open Space include: (a)

Provincially Significant Wetlands;

(b)

Environmentally Significant Areas;

(c)

Significant River, Stream, and Ravine Corridors;

(d)

Earth Science and Life Science Areas of Natural and Scientific Interest as identified by the Province; (Clause (d) amended by Ministry Mod. #42 Dec. 17/09)

(e)

Habitat of Endangered and Threatened Species;

(f)

Significant Woodlands, Woodlands, Significant Wildlife Habitat, Habitat of Species, of Special Concern, Fish Habitat Locally Significant Wetlands and renaturalization corridors and linkages as described in Section 15.4., that are deemed by Council, on the basis of an appropriate environmental

study, to satisfy the criteria in Section 15.4. (Clause (f) amended by OPA 438 Dec. 17/09) (g)

15.3.2. Permitted Uses

Areas of significant groundwater recharge, headwaters and aquifers, where necessary to protect their hydrological function. (Clause (g) added by OPA 438 Dec. 17/09)

ii)

Council may require or encourage the retention of natural features other than the features listed in i) above, through the area planning, subdivision approval, Official Plan and/or Zoning By-law amendment, consent, variance and site plan approval processes. (Clause ii) amended by OPA 438 Dec. 17/09)

iii)

Natural heritage areas may be identified on Schedule “B1” and designated as Open Space on Schedule “A” by an amendment to the Official Plan, where warranted on the basis of an environmental study accepted by the City and on consideration of the policies in Section 15.4. (Clause iii) added by OPA 438 Dec. 17/09)

Notwithstanding policy 8A.2.2. development and site alteration shall not be permitted in Provincially Significant Wetlands or in the significant habitat of Endangered and Threatened Species, except for:

ii)

(a)

activities that create or maintain infrastructure in accordance with Section 15.3.3.; or

(b)

works subject to the Drainage Act.

Notwithstanding policy 8A2.2., development and site alteration shall not be permitted in other natural heritage areas designated as Open Space, except: (a)

Existing development and uses, and expansions to existing uses provided that it can be demonstrated to the satisfaction of Council that there will be no negative impacts on the natural features or their ecological functions;

(b)

Recreational uses associated with the passive enjoyment of natural features including pathways and trails provided that such uses are designed, constructed and managed to minimize their impact on the natural heritage area;

(c)

Creation or maintenance of infrastructure subject to policy 15.3.3.;

(d)

The harvesting of trees in accordance with good forestry management practices; and

(e)

Conservation, mitigation and rehabilitation works.

(Section 15.3.2. deleted and replaced by OPA 438 Dec. 17/09)

15.3.3. Infrastructure

â&#x20AC;&#x153;i)

It is the preference of the Municipal Council that the preferred location of infrastructure not be within the Natural Heritage System. New or expanded infrastructure shall only be permitted within the Natural Heritage System where it is clearly demonstrated through an environmental assessment process under the Environmental Assessment Act that it is the preferred location for the infrastructure, and that the alternatives are all evaluated in accordance with the policies of the Official Plan, including the completion of an environmental impact study accepted by the City. For any alternative location identified within the Natural Heritage System, an environmental impact study, accepted by the City, shall be completed to further assess potential impacts, identify mitigation measures, and determine appropriate compensatory mitigation. Any alternative where the impacts of the proposed works as identified in the environmental impact study would result in the loss of the ecological features or functions of the component of the Natural Heritage System affected by the proposed works, such that the natural heritage feature would no longer be determined to be significant, shall be reconsidered. The City and other relevant public authorities shall include methods for minimizing impacts when reviewing proposals to construct transportation, communication, sewerage or other infrastructure in the Natural Heritage System.

ii)

Where there is more than one type of infrastructure, the rights-of-way shall be combined, wherever feasible, to reduce the extent of the intrusion into the area.

iii)

As a condition of approving infrastructure projects within the Natural Heritage System, the City shall require specific mitigation and compensatory mitigation measures that area identified in the accepted environmental impact study to address impacts to natural features and functions caused by the construction or maintenance of the infrastructure. For the purposes of this Plan, mitigation shall mean the replacement of the natural heritage feature removed or disturbed on a one-for-one land area basis. Compensatory mitigation shall mean additional measures required to address impacts on the functions of the natural heritage system affected by the proposed works. The extent of the compensation required shall be identified in the environmental impact study, and shall be relative to both the degree of the proposed disturbance, and the component(s) of the natural heritage system removed and/or disturbed.

Compensatory mitigation may be provided in forms such as, but not limited to:

additional rehabilitation and/or remediation beyond the area directly affected by the proposed works; off-site works to restore, replace or enhance the ecological functions affected by the proposed works; and, replacement ratios greater than the one-for-one land area required to mitigate the impacts of the proposed works.â&#x20AC;?

b) c)

(OPA #438 â&#x20AC;&#x201C; Issue Date July 13 , 2011 - Ministry Modification # 43 â&#x20AC;&#x201C; December 17/09)

15.3.4. Public Ownership/ Acquisition

It is not intended that all natural heritage areas shall be purchased or otherwise brought into public ownership, nor that all such lands shall be open and accessible for public use. It may be determined, however, that certain areas should be in public ownership or accessible for passive recreational uses, where appropriate. In such cases, the City or other agencies shall explore options for purchasing, or otherwise acquiring, managing or providing access to these lands.

ii)

The City shall develop a program for the long term acquisition of natural heritage areas. Acquisition may occur as properties become available primarily through the following methods: purchase; dedication; and donation or bequest.

iii)

Council may accept natural heritage areas for parkland or conservation use in accordance with the provisions of Chapter 16, concerning parkland dedication.

iv)

Council may accept gifts of ecologically sensitive lands in accordance with the provisions of the Ecological Gifts Program administered by Environment Canada, or any other similar program administered by the Provincial or Federal governments. (Clause iv) added by OPA 438 Dec. 17/09)

15.3.5. Stewardship

Where natural heritage areas are privately owned, the City will encourage individual property owners to provide for their protection and conservation. In this regard, the City may use the following techniques: (a)

Stewardship agreements;

(b)

Conservation easements;

(c)

Education programs to inform landowners of maintenance and stewardship options available to protect or rehabilitate natural features and ecological functions;

(d)

Encouraging the establishment of land trusts and the utilization of existing land trusts, as well as other mechanisms to purchase land and to rehabilitate, create or conserve natural heritage areas;

(e)

Modification of property tax assessment and/or facilitation of the Provincial Conservation Land Tax Incentive Program or the Managed Forest Tax Incentive Program;

(f)

Where privately owned lands abut public lands, the City will provide adequate and appropriate signage or property demarcation to indicate the limits of publicly owned lands; and (OPA #492)

(g)

Any other suitable techniques. (Clause (e) added and Clause (f) renumbered by OPA 438 Dec. 17/09)

ii)

Where natural heritage areas are owned by the City, the City will encourage community groups and individuals to take an active role in their protection, rehabilitation and enhancement. The City may develop programs to facilitate community involvement in the protection and rehabilitation of these areas. (Clause ii) amended by OPA 438 Dec. 17/09)

15.3.6. Ecological Buffers

Ecological buffers serve to protect the ecological function and integrity of the Natural Heritage System. Ecological buffers will be required around, or adjacent to, and other components of the Natural Heritage System, based upon the recommendations of an approved Environmental Impact Study. (Clause i) amended by OPA 438 Dec. 17/09)

ii)

The location, width, composition and use of ecological buffers necessary to protect natural heritage areas from the impacts of development on adjacent lands will be specified through application of the Council approved Guidelines for Determining Setbacks and Ecological buffers as part of a secondary plan and/or an environmental impact study. (Clause ii) amended by OPA 438 Dec. 17/09)

iii)

In addition to buffer lands, additional techniques may be required to assist in minimizing the impact of development on the Natural Heritage System, including but not limited to:

(a)

The use of site planning to orient the development away from natural heritage areas;

(b)

The acceptance of lands immediately adjacent to natural heritage areas as part of the required parkland dedication for the proposed development;

(c)

The use of a setback from the boundary of natural heritage areas for construction purposes;

(d)

Restriction of public access by providing a limited number of access points to natural heritage areas;

(e)

Lands identified as ecological buffers may be zoned to permit their inclusion in calculating and applying zoning regulations applicable for the lot. However, unless specified in the permitted uses of the open space zone, development and site alteration on lands identified as ecological buffers shall be prohibited; and unless identified in an EIS acceptable by the City, standard setbacks shall apply from any lands identified as an ecological buffer; and (OPA #492)

(f)

Other measures, such as fencing.

(Clause iv) deleted by OPA 438 Dec. 17/09)

15.3.7. Management and Rehabilitation Priorities

The City will encourage rehabilitation and enhancement measures that protect the ecological function and integrity of the Natural Heritage System. The City of London Subwatershed Plans provide guidance for the types of measures that may be identified through secondary plans, environmental impact studies, the environmental assessment process or other environmental studies or programs. Rehabilitation and enhancement measures may be implemented through conservation master plans or woodland management plans on publicly owned land and through stewardship and conservation programs for privately owned lands. th

(OPA #438 â&#x20AC;&#x201C; Issue Date: July 13 , 2011)

The City's highest priority for rehabilitating and enhancing the Natural Heritage System shall be those areas linking or adjacent to natural heritage areas that are subject to flood or erosion hazard constraints.

ii)

With respect to specific components of the Natural Heritage System, the City's management and rehabilitation priorities are: (a)

Environmentally Significant Areas - to protect the existing ecosystem features and functions, to increase the amount of interior forest habitat, and to strengthen corridors.

(b)

Wetlands - to protect the natural features and ecological functions of all Provincially and Locally Significant wetlands.

(c)

Significant Woodlands and Woodlands - to protect existing ecosystem features and functions, to increase the amount of interior forest habitat, and to retain or restore linkages between isolated natural areas.

(d)

River, Stream and Ravine Corridors - to protect existing ecosystem features and functions, maintain water resource functions, and rehabilitate eroded banks and channels.

(e)

Upland Corridors - to retain or create linkages between isolated natural areas.

(f)

Wildlife Habitat - to protect wildlife habitat.

(g)

Fish, Riparian Habitat - to protect, rehabilitate and/or create fish and riparian habitat, and to encourage a net gain of productive capacity of habitat where possible.

(h)

Potential Naturalization Areas â&#x20AC;&#x201C; to restore or replace connections between and within vegetation patches, riparian corridors and wildlife habitat.

(i)

Groundwater Recharge Areas, Headwaters and Aquifers â&#x20AC;&#x201C; to protect hydrological functions and source water. th

(OPA #438- July 13 , 2011)

15.3.8. Conservation Master Plans

Council may request the preparation of Conservation Master Plans for Environmentally Significant Areas and other natural heritage areas. Conservation Master Plans may be adopted by Council, and will function as guideline documents for the purposes of defining the boundaries and providing direction on the management of these areas. (Clause i) amended by OPA 438 Dec. 17/09)

ii)

Matters which may be addressed through Conservation Master Plans include: (a)

Refinement of the boundaries of the Environmentally Significant Area, or other natural heritage area;

(b)

Identification of programs for the acquisition of lands within, adjacent to, or providing a linkage to, the Environmentally Significant Areas, or other natural heritage area, by the City or other public body;

(c)

Programs for site and facility development, including descriptions of recreational programs and facilities to be provided if applicable, and details of access permitted to and within the area, including formalized pathways and trail systems;

(Clause (c) amended by OPA 438 Dec. 17/09)

(d)

Descriptions of proposed management strategies for the area and the management considerations to be addressed in conjunction with the review of development proposals for adjacent lands;

(e)

Identification of opportunities to rehabilitate degraded natural heritage areas, and to establish or strengthen corridors or linkages between isolated natural heritage areas;

(f)

Background information including a description of the

natural features and their significance to the Natural Heritage System; and (g) 15.3.9. Environmental Advisory Committee

Other relevant background information, as applicable.

City Council may establish an environmental advisory committee, consisting of individuals appointed on the basis of their expertise, experience, academic qualification and/or availability, to provide expert technical advice to the City of London on environmental matters that are relevant to the formulation and implementation of the City's Official Plan. Detailed termsof-reference, membership guidelines and operational requirements for the Committee will be determined by City Council, from time to time. (Section 15.3 replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

15.4.

COMPONENTS OF THE NATURAL HERITAGE SYSTEM (Section 15.4 replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

The policies in Section 15.4 apply to recognized and potential components of the Natural Heritage System as delineated on Schedule "B1" or features that may be considered for inclusion on Schedule “B1”, These policies are supplemental to policies contained in Section 15.3. They also address the protection of environmental quality and ecological function with respect to water quality, water quantity, fish habitat, groundwater recharge, headwaters and aquifers. (Clause 15.4. amended by OPA 438 Dec. 17/09)

15.4.1. Environmentally Significant Areas

Environmentally Significant Areas contain natural features and perform ecological functions that warrant their retention in a natural state. While Environmentally Significant Areas are protected to some extent by their inclusion in the Open Space designation, additional measures to provide for their protection and utilization are considered necessary. Environmentally Significant Areas (ESA’s) are identified through the application of the Council approved Environmentally Significant Areas Identification and Boundary Delineation Guideline Document and through the application of Provincial guidelines. (Section 15.4.1. amended by OPA 438 Dec. 17/09)

15.4.1.1. Identification of Environmentally Significant Areas

Environmentally Significant Areas (ESA’s) which have been identified by Council as being of city-wide, regional, or provincial significance, are designated as Open Space on Schedule "A" - the Land Use Map, and are shown on Schedule "B1" – Natural Heritage Features. New Environmentally Significant Areas may be identified by City Council and added to Schedule “B1” by amendment to this Plan and in accordance with the provisions of Section 15.4.1.3. Areas which have the potential to meet the criteria for an ESA but have not been thoroughly studied are identified as “Potential ESA’s on Schedule “B1” The identified Environmentally Significant Areas recognized by Council include: (Section 15.4.1.1. amended by OPA 438 Dec. 17/09)

Sifton Bog/Byron Botanical Bog

The Sifton Bog, located in the Oakridge area, is recognized as a Provincially Significant Wetland and a regional life science ANSI. The Bog contains a kettle lake and is an excellent example of sphagnum bog. It represents a relic landscape and disjunct boreal

ecosite. (Clause i) amended by OPA 438 Dec. 17/09)

Westminster Ponds

ii)

The Westminster Ponds - Pond Mills wetland complex, located in the Westminster, Glen Cairn, and Jackson areas, is the subject of an approved Conservation Master Plan, and is classified as a provincially significant wetland complex and a Regional Life Science ANSI.

Meadowlily Woods

iii)

The Meadowlily Woods, located in the Jackson area, is recognized as London's best example of some vegetative associations. Some of this area is classified as a Provincially Significant Wetland.

Medway Valley Heritage Forest

iv)

The Medway Valley Heritage Forest, located in the Masonville, Medway and Sunningdale areas, is an abrupt spillway through which the Medway Creek flows contains some rare plant and animal species, and is an important asset for research and educational purposes.

(Clause ii) amended by OPA 438 Dec. 17/09)

(Clause iv) amended by OPA 438 Dec. 17/09)

Warbler Woods

Warbler Woods, located in the Byron area, is classified as a Provincial Life Science ANSI (Byron Woods) and is significant because of its size, its diversity of vegetative associations, and the presence of rare species. (Clause v) amended by OPA 438 Dec. 17/09)

Fanshawe Wetlands

vi)

The Fanshawe Wetlands located in northeast London, contain a Provincially Significant Wetland complex (Fanshawe Wetlands) that straddles Stoney Creek. It is part of a groundwater recharge area and includes a diverse assemblage of community types and species, as well as several rare plants. (Clause vi) amended by OPA 438 Dec. 17/09)

Kilworth/Komoka Park Reserve

vii)

The Kilworth Environmentally Significant Area is adjacent to the Thames River on the Western boundary of the City. This Provincial Park contains diverse natural communities, rare species, distinctive relic shoreline landforms, and is recognized as a Provincial Earth Science ANSI and a Provincial Life Science ANSI. (Clause vii) amended by OPA 438 Dec. 17/09)

Kilally Meadows and Forest

viii)

The Kilally Meadows and Kilally Forest straddles the North Branch of the Thames River, between Adelaide Street and Clarke Road and includes Meander Creek. It is an important component of the Thames River corridor, a groundwater recharge area and contains meadows, woodland and wetland area. Among the many vulnerable and rare plant and animal species, the area maintains a diverse community of forest birds. (Clause viii) amended by OPA No. 298 - approved 05/01/31) (Clause viii) amended by OPA 438 Dec. 17/09)

Lower Dingman Corridor

ix)

The Lower Dingman Corridor is adjacent to the Dingman Creek west of Lambeth to the City Limits. It forms a continuous linkage with the Dingman Creek Fen Provincially Significant Wetland Complex and a Kilworth Shoreline Provincial Earth Science ANSI It contains a very diverse assemblage of natural communities and species and

provides an important linkage function. (Clause ix) amended by OPA 438 Dec. 17/09)

East Lambeth Forest

Located immediately east of Lambeth, this relatively large area contains a diverse range of natural communities and swamp communities dominated by Black Ash and White Elm.

Tenant's Pond

xi)

Tenant's Pond is located south of Wilton Grove Road near Highbury Avenue. It consists of a Provincially Significant Wetland complex (Westminster Wetlands) which includes the Elliot-Laidlaw Wetland located within the Dingman Creek Subwatershed area. The small lake and surrounding area contains a diversity of distinctive plant and animal species. (Clause xi) amended by OPA 438 Dec. 17/09)

Allen White Wetland

xii)

Allen White Wetland lies in an upper tributary of Dodd Creek south of Glanworth Drive and west of Wellington Road South. It contains two relatively undisturbed, mid-age communities dominated by Yellow Birch, and a wetland which makes an important contribution to the baseflow of Dodd Creek. (Clause xii) amended by OPA 438 Dec. 17/09)

Glanworth ESA

xiii)

The Glanworth ESA which is located south of the hamlet of Glanworth, Provincially Significant Wetland complex and mature upland woodland. (Clause xiii) amended by OPA 438 Dec. 17/09)

Regina Mundi-Kirk Cousins Wetland

xiv)

The Regina Mundi - Kirk Cousins Wetland is a Provincially Significant Wetland. It is located east of Wellington Road South near Regina Mundi School.

Kains Woods

xv)

Kains Woods is adjacent to the Thames River west of Hyde Park and south of Gainsborough Road. This large and important component of the Thames River Corridor contains a significant variety of communities and species, many of them nationally, provincially or regionally rare. It is a Regional Life Science ANSI. (Clause xv) amended by OPA 438 Dec. 17/09)

The Coves

xvi)

The Coves area, which is situated in central London south and west of the confluence of the north and south branches of the Thames River, contains a series of oxbow ponds and forms part of the Thames River Corridor.

Dingman Creek Fen Wetland Complex

xvii)

The Dingman Creek Fen Wetland Complex is located in the western end of the City, between the Lower Dingman Creek ESA and Kilworth ESA. It is a Provincially Significant Wetland representing a rare community type. The wetland is associated with the Kilworth Shoreline Provincial Earth Science ANSI. (Clause xvii added by OPA 438 Dec. 17/09)

Ballymote ESA

xviii)

The Ballymote ESA is located in northeast London along a tributary of Stoney Creek. It is considered part of the Arva Moraine Provincially Significant Wetland Complex that extends to the north of

the City boundary and contains forest interior and area sensitive bird species. (Clause xviii added by OPA 438 Dec. 17/09)

Delaware East Woodland ESA

xix)

This large, mature wooded area is located on steep slopes and floodplain lands of the Dingman Creek Corridor at the eastern edge of the City and extends into Delaware Township. It is part of the Lower Dingman Corridor ESA. (Clause xix added by OPA 438 Dec. 17/09)

Arva Moraine ESA

xx)

This complex of uplands and provincial significant wetland vegetation patches is located on the Arva Moraine landform unit located along the northern limit of the City, generally bounded by Fanshawe Park Road, Richmond Street and Highbury Avenue. (Clause xx added by OPA 438 Dec. 17/09)

Gibbons Wetland/Woodland Environmentally Significant Area

xxi)

This 18 ha. Natural area is located on the edge of the Arva Moraine where groundwater discharge from the wooded slopes supports a provincially significant wetland dominated by the rare community spicebush Organic Swamp, and with extensive area of skunk cabbage, an indicator or groundwater seepage. Deep organic soils over 1.2 metres in depth are evidence of a long history or wetland presence. The site contains Butternut Trees which are listed as threatened in Canada and several area sensitive bird species. The site includes headwater tributaries of Masonville Creek which provides cool and coldwater aquatic habitats. (Clause xxi added by OPA #492)

15.4.1.2. Expansion of Environmentally Significant Areas

Certain lands adjacent to these recognized Environmentally Significant Areas may have potential for inclusion in the ESA if warranted on the basis of site-specific evaluation undertaken in conjunction with secondary plans or environmental impact studies, or the application of boundary delineation guidelines. (Section 15.4.1.2. amended by OPA 438 Dec. 17/09)

15.4.1.3. Evaluation of Environmentally Significant Areas

Criteria Intrinsic to the Site

To assist in the consideration of proposals to recognize Environmentally Significant Areas in the Official Plan, Council may request the submission of detailed supporting information from any agency, individual or group proposing the recognition of a candidate area. The Evaluation Criteria contained in this section will be used, together with more detailed application and boundary guidelines contained in an associated Guideline Document, to recognize Environmentally Significant Areas in this Plan. Candidate areas that clearly satisfy two or more of the following criteria will be considered for recognition: i)

The area contains unusual landforms and/or rare to uncommon natural communities within the country, province or London subwatershed region.

ii)

The area contains high quality natural landform-vegetation communities that are representative of typical presettlement conditions of the dominant physiographic units within the London subwatershed region, and/or that have been classified as distinctive

in the Province of Ontario.

15.4.1.4. Access to Environmentally Significant Areas (OPA #492)

iii)

The area, due to its large size, provides habitat for species intolerant of disturbance or for species that require extensive blocks of suitable habitat.

iv)

The area, due to its hydrologic characteristics, contributes significantly to the healthy maintenance (quality or quantity) of a natural system beyond its boundaries.

The area has a high biodiversity of biological communities and/or associated plant and animal species within the context of the London subwatershed region.

vi)

The area serves an important wildlife habitat or linkage function.

vii)

The area provides significant habitat for rare, threatened or endangered indigenous species of plants or animals that are rare within the country, province or county.

Some lands within these Environmentally Significant Areas are privately owned and in no way is this categorization of the lands to be interpreted as permitted access or use by the general public. Permission for public access to privately owned lands in Environmentally Significant Areas shall be at the discretion of the property owner. Where necessary, public access to identified ESAs within public ownership will be controlled such that access will not be detrimental to the significant features of the property. (OPA #492)

15.4.1.5. Potential Environmentally Significant Areas

Several areas have been identified as candidate sites for recognition as Environmentally Significant Areas pending further evaluation according to the criteria in 15.4.1.3. iii) Such areas are shown as "Potential Environmentally Significant Areas" on Schedule "B" and are designated as "Environmental Review" on Schedule "A". Such areas include: i)

Sharon Creek;

ii)

Hyde Park;

iii)

Silver Swamp.

(Clause iv) deleted by OPA 438 Dec. 17/09)

15.4.2. Wetlands

Wetlands provide important habitat for plants, fish and other wildlife that are fully dependent on the presence of a wetland, and for wildlife that need wetlands to complete some life cycle requirements. Wetlands provide important staging and breeding areas for waterfowl. They also influence the quality, temperature and flow of water and provide storage capacity to offset peak flows associated with storm events. They are important source water protection areas and have groundwater recharge and discharge

functions. Some types of wetlands have deep organic soils. Wetlands are also important for their social values including such activities as hunting, recreation, education and research, and cultural heritage. The determination of significant wetlands in accordance with the Provincial Policy Statement (PPS) is made by the Ministry of Natural Resources using evaluation procedures established by the Province, as amended from time to time. Evaluated wetlands are classified on the basis of scores received through the evaluation and are identified on Schedule “B1”. (Clauses i) and ii) were deleted by Ministry Modification #44 – December 17/09)

Development and site alteration shall not be permitted in Provincially Significant Wetlands, except for: i)

Activities that create or maintain infrastructure, in accordance with Section 15.3.3.; or

ii) works subject to the Drainage Act. (Section 15.4.2. deleted and replaced by OPA 438 Dec. 17/09)

Known wetlands that have not yet been evaluated are also identified on Schedule “B1” as “Unevaluated Wetlands”. Council may request that any identified or unevaluated wetlands identified in an area study, environmental study or Environmental Impact Study, be evaluated by qualified persons in accordance with the Wetlands Evaluation System for Southern Ontario. (Amended by OPA 438 Dec. 17/09)

15.4.3. Areas of Natural and Scientific Interest

Areas of Natural and Scientific Interest (ANSI’s) represent high quality and unique life science and earth science features across a variety of landscapes throughout the Province. Life Science Areas of Natural and Scientific Interest are significant representative segments of Ontario's biodiversity and natural landscapes including specific types of forests, valleys, prairies and wetlands, their native plants and animals, and their supporting environments. Earth Science Areas of Natural and Scientific Interest include the best representative of bedrock, fossils and glacial landforms. (Amended by OPA 438 Dec. 17/09)

There are two Provincial Life Science Areas of Natural and Scientific Interest in London: Warbler Woods or the Byron Woods; and the Komoka Park Reserve. The Komoka Park Reserve ANSI exhibits part of a Lake Maumee II bluff, which is a Provincial Earth Science ANSI. The Kilworth Shoreline Provincial Earth Science ANSI also represents a Lake Maumee shoreline and bluff. There are several Regional Life Science ANSI’s located within ESA’s. These include Byron Bog, Westminster Ponds, and Kains Road River Valley. These areas are included within recognized Environmentally Significant Areas as shown on Schedule “B1”. (Amended by OPA 438 Dec. 17/09)

The significance of Areas of Natural and Scientific Interest will be evaluated

in accordance with Provincial criteria. (Amended by OPA 438 Dec. 17/09)

15.4.4. Species at Risk

Provincially, Species, Species at Risk are identified as extirpated, endangered, threatened or species of special concern on the Species at Risk in Ontario List. The Ministry of Natural Resources administers the Endangered Species Act, 2007 to protect and conserve species at risk and their habitats. Criteria for determining significant habitat of endangered species and threatened species may be provided by the Province. (Ministry Modification No.2 to OPA No.88) (Ministry Modification No. 45 Dec. 17/09)

Secondary Plans, Subject Lands Status Reports or Environmental Impact Studies will identify the extent of the habitat of endangered, threatened and Species at Risk. The significance of the Habitat of Endangered, Threatened and Species at Risk will be based on an evaluation of the following considerations: (Amended by Ministry Mod. #46 Dec. 17/09)

Assessments reviewed by the Ministry of Natural Resources regarding the extent of the species' habitat; (Ministry Modification No.3 to OPA No.88)

ii)

Habitat that is necessary for the maintenance, survival, and/or the recovery of naturally occurring or reintroduced populations of endangered species or threatened species, and where those areas of occurrence are occupied or habitually occupied by the species during all or any part(s) of its life cycle; and (Clause ii) replaced by Ministry Mod. #47 Dec. 17/09

iii)

Species specific requirements identified in recovery plans or management guidelines, or Department of Fisheries and Oceans (DFO) approvals, or through an Environmental Impact Study. (Clause iii) amended by OPA 438 Dec. 17/09)

Development and site alteration shall not be permitted in the significant habitat of Endangered Species and Threatened Species, except for: i)

activities that create or maintain infrastructure in accordance with Section 15.3.3.; or

ii)

works subject to the Drainage Act.

(Added by OPA 438 Dec. 17/09)

15.4.5. Significant Woodlands and Woodlands

Woodlands are complex ecosystems of different tree species, shrubs, ground vegetation and soil complexes that provide habitat for many plants and animals. Woodlands is a general term which collectively refers to areas occupied by trees, treed areas, woodlots, forested areas and naturalizing woodland edges. Woodlands identified through the Subwatershed Studies and located outside of the recognized Environmentally Significant Areas are shown as "Vegetation Patches" on Schedule "B1". New woodland vegetation patches may be added to Schedule â&#x20AC;&#x153;B1â&#x20AC;?, through an amendment to this Plan, on the basis of more detailed environmental studies.

Potentially significant woodlands and other vegetation forms that have not been evaluated are designated as Environmental Review on Schedule “A” and delineated as “Unevaluated Vegetation Patches” on Schedule “B1”. The significance of Woodlands will be based on an evaluation of the following considerations: i)

The Woodland contains natural features and ecological functions that are important to the environmental quality and integrity of the Natural Heritage System. These include site protection (hydrology and erosion/slope); and Landscape Integrity (richness, connectivity and distribution).

ii)

The Woodland provides important ecological functions and has an age, size, site quality, diversity of biological communities and associated species that is uncommon for the planning area.

iii)

The Woodland is important for the provision of a balanced distribution of open space amenities and passive recreational opportunities across the urban area.

iv)

The Woodland provides significant habitat for species at risk.

The Woodland contains distinctive, unusual or high quality natural communities or landforms. Woodlands that are determined to be ecologically significant on the basis of these Official Plan criteria and the application of the Council approved Guideline Document for the Evaluation of Ecologically Significant Woodlands will be designated as Open Space on Schedule “A” and delineated as “Significant Woodlands” on Schedule “B1”. Woodlands that are not determined to be ecologically significant but are to be retained for public open space or park purposes according to criterion iii) above, or woodlands to be retained at the landowners request as a private woodland, will be designated as Open Space on Schedule “A” and delineated as “Woodlands” on Schedule “B1”. If a woodland is evaluated and confirmed as not being ecologically significant, and the landowner or the City have no interest in their retention, the lands may be redesignated from Environmental Review to another designation in keeping with the policies of this Plan, and the “Woodlands” or “Unevaluated Vegetation Patch” delineation on Schedule “B1” may be removed. th

(OPA #438 – July 13 , 2011)

15.4.5.1 Significant Woodlands

A woodland will be considered “Significant” if it achieves a minimum of one High or five Medium criteria scores as determined by application the Guideline Document for the Evaluation of Ecologically Significant Woodlands (March 2006) as listed in Section 19.2.2. A Significant

Woodland will be designated as Open Space on Schedule A and delineated as a Significant Woodland on Schedule B. (OPA 403, OMB File No. 0060201/OMB Case No. PL061036)

15.4.6. Corridors

Corridors provide a number of important natural features and ecological functions. From a natural heritage perspective, corridors contain natural habitat, they link many aspects of the Natural Heritage System, and they facilitate species richness, movement and diversity. River and stream corridors are the water collection systems for watersheds, providing a vital support to the City's natural environment. In addition to these ecological functions, corridors may also provide protection from flooding, and other natural hazard processes. Corridors are valued for their aesthetic and cultural values, and for the recreational opportunities they provide. River, Stream and Ravine Corridors identified on Schedule “B1” include “Significant River Stream and Ravine Corridors” that have been identified in the Subwatershed Studies according to the criteria in i) below; and other “Unevaluated Stream or Ravine Corridors” that require further evaluation. Significant River, Stream and Ravine Corridors are designated Open Space on Schedule “A”. Unevaluated Stream or Ravine Corridors are designated Environmental Review, pending further evaluation. Within the City of London the entire length of the Thames River corridor is recognized as a “Significant River, Stream and Ravine Corridor” on Schedule “B1”. Also, the main branches of Stoney Creek, Medway Creek, Dingman Creek, Pottersburg Creek, Wabuno Creek, Mud Creek, Stanton Drain, Kelly Drain and several tributary streams are Significant River, Stream and Ravine Corridors. Determination of the width of Significant River, Stream and Ravine Corridors will be in accordance with ii) below: th

(OPA #438 – Issue Date July 13 , 2011)

Significant River, Stream and Ravine Corridors

The identification of River, Stream and Ravine Corridors will be based on an evaluation of their ecological, hazard protection, recreational, aesthetic and water resources management functions including the following considerations: (a)

The corridor performs an important water resources role relating to surface drainage, groundwater recharge or discharge, and filtering of surface water sediments, or is located in a headwater area.

(b)

The corridor contains distinctive, unusual communities or landforms of high quality.

(c)

The corridor represents mostly continuous, large natural areas that provide for wildlife movement, linkages and connections that typically extend beyond the City or subwatershed boundaries.

natural

Width of Significant River Stream and Ravine Corridors

ii)

(d)

The corridor provides linkage between significant natural heritage areas; remains in a largely natural state containing a diversity of species, communities and habitat; or provides reasonable opportunities for rehabilitation of the landform to a natural state, and the habitat to a state that can support healthy natural communities.

(e)

The corridor serves as a visual amenity to the surrounding areas and plays an important role in minimizing land use impacts by providing a physical separation or buffer between incompatible forms of development.

(f)

The corridor has physical characteristics, related to size, depth and slope gradient, that are susceptible to slope instability or erosion and that are expected to present constraints to development.

(g)

The corridor provides opportunities for the logical extension of the City's trail systems.

Significant River, Stream and Ravine Corridors are designated Open Space on Schedule “A”, and delineated on Schedule “B1” with the corridor width to be determined on the basis of the following criteria: (a)

The corridor width shall be sufficient to accommodate the natural features and ecological functions that contribute to its significance including water resource functions such as flood plain and erosion hazards, riparian buffers for natural features, ecological functions and water quality and quantity, and provision for future pathways or access trails. This will be determined through the preparation of an Area Plan, Environmental Impact Study and/or Subject Lands Status Report; and

(b)

The minimum width of Significant River, Stream and Ravine Corridors will be generally comprised of 30 metres on each side of the watercourse measured from the high water mark. The ultimate width of a corridor will be established on a caseby-case basis through application of the Guidelines for Determining Setback and Ecological Buffers, as part of an Environmental Impact Study and/or Subject Lands Status Report approved by the City. th

(OPA #438 – Issue Date July 13 , 2011)

Alterations to Stream Corridors

iii)

Council may consider alterations to stream corridors to enhance, rehabilitate and restore the system through such measures as: (a) (b) (c)

bank stabilization; the creation of riffles and pools; restoration of meandering and natural stream fluvial

(d) (e)

morphology; plantings; and removal of barriers.

Upland Corridors

iv)

Upland Corridors area vegetated areas, or potentially revegetated areas, outside of River, Stream, Valley or Ravine Corridors that link significant components of the Natural Heritage System. The potential for creation of upland corridors will be addressed in the area planning process. Where a corridor is to be created, the area study will provide direction for its location, scale and function. The Subwatershed Plans provide guidance for the planning of upland corridors. Locations shown in the Subwatershed Plans as being suitable for the creation of upland corridors are indicated on Schedule "B".

Establishment of Upland Corridors

Potential locations for future upland corridors are identified on Map Schedule â&#x20AC;&#x153;B1â&#x20AC;?. Upland Corridors will be encouraged to be established through a variety of measures such as stewardship agreements or conservation easements with private landowners, planting programs, and acquisition by the City through purchase, dedication, donation and/or bequest. Upland Corridors that have been established may be designated Open Space and zoned in a manner that will ensure their long-term protection. (OPA #438 â&#x20AC;&#x201C;July 13, 2011)

15.4.7. Wildlife Habitat

Habitat functions as a home for wildlife. In addition to common requirements like nutrient sources and physical space, many types of wildlife have specific, individual habitat requirements that can change during different periods in their life cycles. Some specific wildlife habitats are particularly important, and should be considered significant. These are habitats that support important wildlife species, or that are particularly susceptible to impacts, or are habitats that are under-represented in the City of London. (Deleted and replaced by OPA 438 Dec. 17/09)

The significance of Wildlife Habitat will be based on an evaluation of the following considerations that have had regard for and having regard for the Significant Wildlife Habitat Technical Guide prepared by the Ministry of Natural Resources, which provides information on the identification, description and prioritization of significant wildlife habitants: (a)

It is an area of habitat where particularly important wildlife species are concentrated or are particularly susceptible to impacts for a specific period of their life cycle. These areas include but are not limited to: seasonal concentration areas; rare vegetation communities or specialized habitat for wildlife; specialized habitat for wildlife; habitat for species of special concern; habitats for species of conservation concern; and animal movement corridors.

(Clause i) (a) amended by OPA 438 and Ministry Mod. #48 Dec. 17/09)

(b)

The amount of the specific type of habitat that exists within

the context of the ecological region and its representation within other components of the Natural Heritage System. In the City of London, examples of under-represented habitat types include marshes, tall grass prairie and savannah, bog, fen, bluff, shallow aquatic and open aquatic. (Amended by OPA 438 Dec. 17/09)

(c)

ii)

It is an area of habitat having a high diversity of species that are of value for research, conservation, education and passive recreation opportunities.

Areas of Significant Wildlife Habitat will be identified on Schedule “B1” and designated Open Space on Schedule “A”. (Clause ii) added by OPA 438 Dec. 17/09)

15.4.8. Fish Habitat

"Fish habitat" includes the habitat of fish and other aquatic organisms which together make up the aquatic ecosystem. Healthy aquatic communities are generally a good indicator of environmental health. The Thames River and London's creeks and streams support a variety of cold water and warm water fisheries; however, these fish habitats are vulnerable to degradation from factors such as channelization, loss of stream bank vegetation, untreated urban runoff, increased sedimentation and changes in the timing and amount of stormwater entering the watercourse. The harmful alteration, disruption or destruction of fish habitat is generally prohibited under the Fisheries Act. It is the City's intention to encourage improvement of productive capacity of this habitat. The extent and significance of fish habitat shall be determined in consultation with the Ministry of Natural Resources having regard for the Subwatershed Plan and the Subwatershed Studies Aquatic Biology Study where applicable. Development and site alteration shall not be permitted in areas of fish habitat except in accordance with relevant provincial and federal requirements. (Ministry Modification No. 4 to OPA No. 88) (Amended by OPA 438 Dec. 17/09)

15.4.9. Groundwater Recharge Areas, Headwaters and Aquifers

Groundwater recharge areas, headwaters and aquifers are key components in the functioning of the hydrologic cycle. Sensitive Groundwater Recharge Areas, and Headwater Streams, as identified in the Subwatershed Studies are shown on Schedule "B1" – Natural Heritage Features Map. New Groundwater Recharge Areas, Headwater Streams and Aquifers that are identified through subsequent environmental studies may be added to Schedule “B1” through an amendment to the Official Plan. The City will require the protection of the hydrological function of these sensitive areas through its planning approval processes. (Amended by OPA 438 Dec. 17/09)

15.4.10. Water Quality and Quantity

Water quality and quantity are addressed from a number of perspectives in this Plan. The Natural Heritage System policies address water quality and quantity through the protection of: natural heritage features and areas such as river, stream and valley corridors; fish habitat; and ground water recharge, headwaters and aquifers. Water quality and quantity are also protected through storm water management policies, water supply and sanitary sewerage policies, and water conservation policies.

The City will seek to protect, improve and/or restore the quantity and quality of groundwater and surface water through its planning approval processes. The Subwatershed Plans and the stormwater management policies in Section 17.6 provide guidance for the measures necessary to achieve this interest. The City will also promote efficient and sustainable use of water resources including practices for water conservation and sustaining water quality. (Amended by OPA 438 Dec. 17/09)

Development and site alteration will be restricted and mitigative measures or alternative development approaches may be required in or near sensitive surface water features and sensitive ground water features in order to protect, improve and/or restore these features and their related hydrologic functions. The City will participate in the preparation of a source protection plan under the provisions of the Clean Water Act and the Official Plan will be amended, as required, to conform with relevant policies set out in the approved source protection plan. The City will also co-operate with Middlesex County, the surrounding municipalities and the Conservation Authorities to ensure that water quality and quantity goals and objectives identified in the Subwatershed Plans are achieved across municipal boundaries. (Amended by OPA 438 Dec. 17/09)

15.4.11. Potential Naturalization Areas

Secondary Plans and Environmental Impact Studies will address opportunities for naturalizing areas that will form part of the Natural Heritage System. Locations identified in the Subwatershed Plans as being suitable for the application of a naturalization strategy are identified as Potential Naturalization Areas on Schedule "B1". (Section 15.4 replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 15.4.11. amended by OPA 438 Dec. 17/09)

15.4.12. Carolinian Canada Big Picture Concept

In addressing opportunities for Potential Naturalization Areas that will form part of the Natural Heritage System, consideration will be given to the context of London within the surrounding ecological region that extends beyond the City limits. A concept plan prepared by Carolinian Canada, identifies large core natural areas, other significant natural areas, and corridors and linkages connecting the system together. This concept, referred to as the “Big Picture” vision, is designed to complement other analyses of natural heritage conducted by municipalities, conservation authorities, provincial and federal agencies. The “Big Picture Meta-Cores and Meta-Corridors” have been refined to reflect local conditions and are identified on Schedule “B1” for reference purposes. The core areas and corridors are represented conceptually, and not to be interpreted as rigid boundary delineations. The “Big Picture” concept is not a component of London’s Natural Heritage System. While policies for land use and development activity within the area will continue to be guided by the designations on Schedule “A”, naturalization projects and landowner stewardship initiatives that support the “Big Picture” system of core natural areas and corridor connections will be encouraged by the City of London. (Section 15.4.12.added by OPA 438 Dec. 17/09)

15.4.13. Unevaluated Vegetation Patches

Unevaluated Vegetation Patches, as delineated on Schedule “B1”, were identified through the Subwatershed Studies or other environmental studies. These features may include treed areas, swamps, wetlands, savannahs, old field plantations, or other similar natural features. Most large Unevaluated Vegetation Patches are designated Environmental Review on Schedule “A”. Smaller patches may have previously been designated for development or agricultural activity. The “Environmental review” designation and “Unevaluated Vegetation Patches” delineation are considered to be interim in nature, until such time as the significance of these patches can be confirmed through the completion of an environmental study of the Environmental Review Lands outside the Urban Growth Boundary as directed by policy 8B.3.1.ii), or an Area Plan, Environmental Impact Study and/or Subject Lands Status Report accepted by the City, and Map Schedules “A” and “B1” have been amended to reflect the final designation and delineation. (Section 15.4.13. added by OPA 438 Dec. 17/09)

15.4.14. Other Woodland Patches larger than 0.5 Hectares

In addition to areas that are designated Environmental Review or Open Space, woodland patches in other designations that are larger than 0.5 hectares in size shall be evaluated in order to determine the significance of vegetation and identify the need for protection prior to development approvals. Where it is considered appropriate, the protection of threes or other vegetation will be required through measures such as, but not limited to, Tree Preservation Plans for subdivision or site plan applications, acquisition of land through parkland dedication and/or purchase by the City, conservation easements, landowner stewardship initiatives and zoning provisions. Pending an evaluation and decision on long term protection, woodland patches that are larger than 0.5 hectares in size will be identified as “Unevaluated Vegetation Patches” on Schedule “B1” and may be regulated under the City of London tree Conservation By-law. (Section 15.4.14. added by OPA 438 Dec. 17/09)

15.4.15. Other Drainage Features

In addition to the “Significant River, Stream and Ravine Corridors” and “Unevaluated Stream and Ravine Corridors” that comprise part of the Natural Heritage System, the base map features on Schedules “A”, “B1” and “B2” also identify “Watercourses/Ponds” to delineate the location of municipal or agricultural drains, intermittent or headwater streams and manmade or natural ponds. These features are identified for information purposes and may be added or removed from the base map without an Official Plan Amendment, to reflect changes over time in drainage patterns and features on the ground. The ecological contribution of these drainage features as headwaters, recharge areas and riparian corridors, will be addressed as part of the Area Plan, Environmental Assessment and/or EIS process. (Section 15.4.15. added by OPA 438 Dec. 17/09)

15.5.

ENVIRONMENTAL IMPACT STUDIES AND SUBJECT LANDS STATUS REPORTS (Section 15.5 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Environmental Impact Studies are required prior to the approval of

development to prevent negative impacts on the Natural Heritage System. Environmental Impact Studies will normally be completed as part of Secondary Plans in accordance with the provisions of Section 19.2, however, they can also be completed separately as part of subdivision or site plan applications. In circumstances where an Area Study is not completed, the City may require a Subject Lands Status Report to determine the significance of any natural heritage feature. (Amended by OPA 438 Dec. 17/09)

15.5.1. Purpose of Environmental Impact Studies

Environmental Impact Studies are required to determine whether, or the extent to which development may be permitted in areas within, or adjacent to, specific components of the Natural Heritage System. They will confirm or refine the boundaries of components of the Natural Heritage System, and will include conditions to ensure that development does not negatively impact the natural features and ecological functions for which the area is identified. Council has approved “Guidelines for the Preparation and Review of Environmental Impact Studies” to implement the Official Plan policies. (Clause i) amended by OPA 438 Dec. 17/09)

Where Required

ii)

Environmental Impact Studies are required where development or site alteration is proposed within or adjacent to components of the Natural Heritage System. The City will require that an Environmental Impact Study be completed to its satisfaction, in consultation with the relevant public agencies prior to the approval of an Official Plan amendment, Zoning By-Law amendment, subdivision application, consent application or site plan application, where development is proposed entirely or partially within the distances adjacent to Natural Heritage System components set out in Table 15-1. (Clause ii) amended by OPA 438 Dec. 17/09)

Table 15-1

Areas Subject to Environmental Impact Study Requirements

DISTANCE

COMPONENTS

Within 120 metres



Provincially Significant Wetlands and all lands connecting Provincially Significant Wetland areas within a wetland complex

Within 100 metres



Locations of endangered or threatened species Significant habitat of endangered species and threatened species



(Amended by OPA 438 and by Ministry Mod. #49 Dec. 17/09)

Within 50 metres

 

Earth Science and Environmentally Significant Areas Life Science Areas of Natural and

   

Scientific Interest Locations of species of special concern Significant Woodlands Significant Wildlife Habitat Significant River, Stream and Ravine Corridors

(Amended by OPA 438 and Ministry Mod. #51 Dec. 17/09)



Within 30 metres

 -

Locally Significant Wetlands and all lands connecting Locally Significant areas within a wetland complex Fish Habitat Woodlands

(Amended by OPA 438 Dec. 17/09)



Within

Groundwater Recharge Areas

(Amended by OPA 438 and Ministry Mod. #50 Dec. 17/09)

Within a distance appropriate to the specific  components of the Natural Heritage System contained on the lands

Areas designated as Review on Schedule "A"

Environmental

iii)

The City may require that the Environmental Impact Study consider areas beyond those outlined in Table 15.1. to ensure the relevant context for the assessment of potential impacts which may be induced by proposed land uses and for the prescription of effective avoidance and mitigation measures.

Relationship to Subwatershed Plans

iv)

The Subwatershed Plans have provided broad level subwatershedby-subwatershed environmental evaluations to be refined through site specific studies. An Environmental Impact Study completed pursuant to this Plan shall have regard to both the ecosystem framework and specific environmental targets contained in the Subwatershed Plans.

Content

An Environmental Impact Study shall include but not be limited to: (Amended by Ministry Mod. #52 Dec. 17/09)

(a)

a description of the existing natural environment that will be affected or that might reasonably be expected to be affected, either directly or indirectly;

(b)

the environmental effects that might reasonably be expected to occur and their temporal and spatial scales; (Clause (b) amended by OPA 438 Dec. 17/09)

(c)

development criteria to maintain natural features and ecological functions, and mitigate the impacts of development within or on adjacent lands; and (Clause (c) amended deleted and replaced by OPA 438 Dec. 17/09)

(d)

an implementation strategy for mitigation measures including a monitoring plan to measure the potential effects on the environment if demonstrated to be necessary. (Clause (d) amended by OPA 438 Dec. 17/09)

Additional Matters to be Addressed

vi)

Prior to initiation of the Environmental Impact Study, a work plan and study scope shall be prepared to the satisfaction of the City, in consultation with the relevant public agencies. Generally, an Environmental Impact Study will be required to: (Amended by OPA 438 Dec. 17/09)

(a)

Confirm and map boundaries of natural heritage areas designated as Open Space; (Clause (a) amended by OPA 438 Dec. 17/09)

(b)

evaluate the significance of lands designated as Environmental Review on Schedule "A" in accordance with the criteria outlined in Section 15.4;

(c)

identify and evaluate the significance of other natural heritage features which are not designated as Open Space or Environmental Review on Schedule "A" including headwater areas, rivers, streams , drainage corridors and other vegetation patches greater than 0.5 hectares in size;

(Clause (c) amended by OPA 438 Dec. 17/09)

The results of this initial stage of the Environmental Impact Study are to be reviewed and confirmed by the City prior to completing the balance of the study. (Added by and (d) and (e) deleted by OPA 438 Dec. 17/09)

Environmental Assessment

vii)

When an Environmental Assessment of a proposal is carried out under the Ontario Environmental Assessment Act or relevant Federal legislation, any required EIS will be scoped to include only those matters that have not been adequately addressed through the Environmental Assessment. For any proposal carried out under the Ontario Environment Assessment Act or relevant Federal legislation, alternatives involving development and site alteration within the Natural Heritage System will only be considered after the evaluation of options that would avoid development and site alteration within the Natural Heritage System. (Clause vii) amended by OPA 438 Dec. 17/09)

Notice

viii)

The public, including adjacent property owners, shall be notified of the preparation of an Environmental Impact Study, and given the opportunity to comment. The public notices respecting all Official Plan, Zoning, Subdivision. Consent and Site Plan applications shall clearly state whether an associated Environmental Impact Study is being prepared and, if so, that a separate notice of its preparation will be given to the public, including abutting property owners. (Clause viii) amended by OPA 438 Dec. 17/09)

15.5.2. Subject Lands Status Reports

Where an Area Study has not been completed the City may require the preparation of a Subject Lands Status Report. The work plan for the Subject Land Status Report will be determined in consultation with the City and relevant public agencies. (Clause i) amended by OPA 438 Dec. 17/09)

(a)

A Subject Lands Status Report shall provide an assessment

of natural features on the Subject Lands and within that part of the Sub-Watershed catchment area that may be impacted by the new development and including but not limited to those areas designated as Open Space or Environmental Review on Schedule "A" in accordance with the requirements of 15.4.. (Clause i) (a) renumbered and amended by OPA 438 Dec. 17/09)

(b)

If the Subject Lands Status Report identifies any lands that, in the estimation of the City, may meet the criteria for determining significance set out in Section 15.4 for specific components of the Natural Heritage System, the City shall require the preparation of an Environmental Impact Study for these lands in accordance with the requirements of 15.5.2. Lands that satisfy the criteria for significance shall be designated as Open Space in conjunction with any Official Plan amendment required for the proposed development.

(Clause i) (b) renumbered and amended by OPA 438 Dec. 17/09)

15.5.3. Environmental Management Guidelines

The City has prepared Environmental Management Guidelines setting out in more detail the requirements of environmental studies for of Area Plans; Environmental Impact Studies; and/or Subject Lands Status Reports.

15.6.

FLOOD PLAIN LANDS

(Section 15.5 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 15.5.3. amended by OPA 438 Dec. 17/09)

(Section 15.6 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

The City of London falls within the jurisdiction of the Upper Thames River, Kettle Creek and Lower Thames Valley Conservation Authorities. The watershed boundaries of these three conservation authorities are shown on Schedule "B2" â&#x20AC;&#x201C;Natural Resources and Natural Hazards. The Regulatory Flood Standard for the Thames watershed is based on the 1937 observed Flood Event, which represents the equivalent of a one in 250 year return flow occurrence. The Regulatory Flood Standard for the Kettle Creek Conservation Authority is based on the Hurricane Hazel Storm. The policies of this Section of the Plan regulate flood plain lands by restricting permitted uses located in the flood plain. The policies are structured around a "one-zone concept" based on the regulatory flood standard. However, in some areas the flood plain is divided into two zones: the floodway, where no development will be permitted; and the flood fringe, where a limited amount of development will be permitted subject to appropriate floodproofing measures. An illustration of one and two-zone floodplain concepts is provided by Figure 15.6.

Within the flood plain, there are some areas of well established development where additional development would not normally be permitted due to flood plain restrictions. Application may be made to the provincial government for the approval of a "Special Policy Area" status to

permit controlled development in these areas, as exceptions to the normal provincial flood plain standards, subject to specific regulations. Potential Special Policy Areas are identified on Schedule "B2". In addition to Official Plan flood plain policies, all flood plain lands are subject to the Construction regulations administered by the appropriate Conservation Authority pursuant to the Conservation Authorities Act. Under these regulations, construction is prohibited unless prior written consent has been received from the Authority. (Section 15.6. amended by OPA 438 Dec. 17/09)

15.6.1. Areas Identified as Flood Plain

The Regulatory Flood Standard for the Thames watershed shall be defined by the 1937 Observed Flood Event. The Regulatory Flood Standards for the Kettle Creek Watershed shall be defined by the Hurricane Hazel Storm Event. Detailed flood line mapping studies have been completed for most of the tributaries in the Upper Thames Watershed. Due to limited development pressure, these studies have not been completed for the Kettle Creek and Lower Thames Valley Conservation Authority areas of jurisdiction within the City of London. The approximate boundaries of the flood plain, which contain those lands below the Regulatory Flood Standard, are shown on Schedule "B2". Where a landowner is proposing to develop in close proximity to a watercourse where a flood line study has not been completed, the landowner may be required to undertake a detailed flood line study consistent with the requirements established in the Flood Plain Planning Policy Technical Manual (1988). Flooding from watercourses with a drainage area less than 125 hectares is generally considered to be local or municipal flooding and the provisions of this Section do not apply. (Amended by OPA 438 Dec. 17/09)

Limits of Flood Plain

The flood plain within London, as shown on Schedule "B2", will be based on the Regulatory Flood Standard of the appropriate Conservation Authority. (Clause i) amended by OPA 438 Dec. 17/09)

ii)

The precise delineation of the flood plain is shown on flood plain mapping available through the appropriate Conservation Authority.

iii)

Flood plain mapping has not been prepared for the Kettle/Dodds Creek or Sharon Creek subwatersheds. Any proposal for development within, or partly within, fill regulated areas in the Kettle/Dodds Creek or Sharon Creek subwatersheds, as shown on Schedule "B2", will be required to fulfil the requirements of the Conservation Authority having jurisdiction and applicants may be required to undertake studies necessary to delineate flood prone lands. (Clause iii) amended by OPA 438 Dec. 17/09)

FIGURE 15.6.: ONE AND TWO-ZONE FLOOD PLAIN CONCEPTS

15.6.2. One-Zone Concept

In keeping with provincial policies, the City of London and the Conservation Authorities have adopted a one-zone concept for the City of London, except where a two-zone concept is applied in accordance with policy 15.6.3.

Zoning

ii)

The zoning of flood plain lands will reflect the restricted use of these lands, and will prohibit any new development, with the exception of existing uses and minor additions and/or renovations to existing structures. A permit may be required from the appropriate Conservation Authority and flood proofing may be required. Less restrictive zoning may be applied to Special Policy Areas in accordance with policy 15.6.4.

Development within the Flood Plain

iii)

Unless otherwise provided for under the Special Policy Area provisions in Section 15.6.4., development within the flood plain will be restricted to:

iv)

(a)

flood and/or erosion control structures;

(b)

facilities which watercourses;

(c)

ancillary facilities of an adjacent land use which are of a passive, non-structural nature and do not adversely affect the ability of the flood plains to pass floodwaters; and

(d)

essential public utilities and services.

their

nature

must

locate

near

The development of flood plain lands shall also be subject to the following conditions: (a)

Construction of buildings or structures within the floodway is prohibited with the exception of buildings or structures associated with essential public infrastructure, flood and erosion control, bank stabilization, and watershed management works. Proposed structures will be evaluated in terms of their potential impact on upstream or downstream development of lands, and any new development will incorporate floodproofing measures in accordance with provincial requirements.

(b)

All new development or structures within the flood plain will require the approval of the appropriate Conservation Authority.

(c)

Minor renovations, alterations, or additions to existing buildings may be permitted subject to the approval of Council in co-operation with the appropriate Conservation Authority. Uses associated with the following are not permitted in the flood plain: i)

The manufacture, storage, disposal consumption of hazardous substances;

and/or

15.6.3. Two Zone Concept

ii)

Institutional uses such as hospitals, nursing homes and schools; and

iii)

Uses associated with services such as those provided by fire, police and ambulance stations and electrical substations.

In keeping with provincial policies, the City of London and the Upper Thames River Conservation Authority have adopted a two-zone concept to allow infill development and redevelopment of an existing use for identified areas along the Thames River and its tributaries where there is a significant difference between the one hundred year flood elevation and the Regulatory Flood elevation or where a flood fringe has been identified through hydraulic floodway analysis. Flood fringe areas may be identified by the Upper Thames River Conservation Authority and added to Schedule "B2" by amendment to this Plan. In these areas the Flood Plain will be divided into two zones, including a floodway and a flood fringe. The use of the two-zone concept may allow for some new development within the flood fringe areas of the flood plain that can be safely developed with no adverse impacts. i)

Under the two-zone concept, the floodway and the flood fringe shall be defined as follows: (a)

Floodway - the hazardous portion of the flood plain where water flows during regulatory flood conditions are expected to be greatest. In these areas, the floodway is generally defined as the area below the one hundred year flood standard. In some circumstances the floodway may be further delineated by depth and velocity parameters as provided for by provincial flood plain management policies; and

(b)

Flood fringe - the portion of the flood plain outside of the floodway. Flood depth and velocity are generally less severe in this portion of the flood plain. In these areas, the flood fringe is generally the area between the Regulatory Flood elevation and the one hundred year flood standard. In some situations, the extent of the flood fringe may be further defined by depth and velocity parameters as the flood fringe is generally the area between the Regulatory Flood elevation and the one hundred year flood standard. In some situations, the extent of the flood fringe may be further defined by depth and velocity parameters as provided for by provincial flood plain management policies. The delineation of the floodway and the flood fringe areas by the Upper Thames River Conservation Authority may require submission of geodetic survey information and/or a hydraulic analysis by the applicant.

Delineation of Floodway

ii)

The extent of the floodway will be generally defined by the one hundred year flood standard. On individual watercourse reaches the floodway may vary from the one hundred year flood standard according to critical flood depth and velocity, existing and proposed development in the immediate area, and the potential for adverse impact on upstream or downstream development or lands. The precise delineation of the floodway is the responsibility of the Upper Thames River Conservation Authority.

Delineation of Flood Fringe

iii)

In the areas, the flood fringe will be generally defined as that area between the floodway as determined by the Upper Thames River Conservation Authority, and the Regulatory Flood elevation.

Zoning of Floodway, Flood-Fringe

iv)

The zoning of flood plain lands shall be subject to the following conditions:

Development within the Flood Plain

(a)

The floodway - the zoning of lands in the floodway will be consistent with the One-Zone flood plain policies in Section 15.6.2 iii); and

(b)

The flood fringe - the zoning of lands in the flood fringe may utilize a holding zone to provide direction as to future permitted uses and to ensure that conditions of floodproofing and safe access are met prior to development. The Zoning By-Law will be amended to remove the holding symbol when the requirements of the Upper Thames River Conservation Authority with respect to floodproofing, and the provision of safe access to the proposed development, have been satisfied.

Unless otherwise provided for under the Special Policy Area provisions in Section 15.6.4., development within the flood plain will be restricted in accordance with the following conditions: (a)

The floodway - the development of lands in the floodway will be consistent with the One-Zone flood plain policies in Section 15.6.2 iv) and v)

(b)

The flood fringe - conditional development may occur subject to meeting flood proofing and access requirements and obtaining the approval of the Upper Thames River Conservation Authority.

(c)

All new development or structures within the flood plain will require the approval of the Upper Thames River Conservation Authority.

(d)

Within the flood plain, minor renovations, alterations, or additions to existing buildings may be permitted subject to the approval of Council in co-operation with the Upper

Thames River Conservation Authority. 15.6.4. Special Policy Area Concept

Council, in accordance with provincial policy, may apply to the Province for approval of a "Special Policy Area" status for specific areas of the City where development would not normally be permitted due to flood plain restrictions.

Purpose

The purpose of a Special Policy Area status is to provide for the maintenance and upgrading of existing development and to recognize and permit limited, additional development in built-up areas to retain the socio-economic viability and nature of the area, without adding undue risk to life and property.

Eligible Areas

ii)

Areas of the City which may be considered for Special Policy Area status include portions of West London immediately west of the Thames River; and the Ada Street area. Other proposed Special Policy Areas, as may be determined by Council and the appropriate Conservation Authority, will be incorporated into the Official Plan by amendment. Potential Special Policy Areas are shown on Schedule "B2". (Clause ii) amended by OPA No. 90 - approved by MMAH 98/04/23) (Clause ii) amended by OPA 438 Dec. 17/09)

Studies

iii)

On application for a Special Policy Area status, Council may, in conjunction with the appropriate Conservation Authority and other relevant agencies or provincial ministries, undertake studies to identify development control regulations and floodproofing measures that will allow for development in the Special Policy Area in accordance with applicable Official Plan policies, and the provincial policies.

Development in Special Policy Areas

iv)

On approval of a Special Policy Area(s), this Plan will be amended to incorporate appropriate policies to address the following matters:

Delineation of

(a)

the circumstances under which new development will be considered in each Special Policy Area;

(b)

the minimum acceptable level of floodproofing required for new development in each Special Policy Area. In determining the minimum acceptable level of floodproofing required, the degree of flood protection provided by existing flood control works will be considered;

(c)

the permitted types and locations of new development;

(d)

alternative means or measures of providing increased levels of flood protection; and

(e)

minimum elevations for the provision of safe ingress and egress within each area.

On approval of the Special Policy Area(s), Schedule "B2" of this

Special Policy Areas 15.6.4.1. Coves Special Policy Area

Plan will be amended to include the Special Policy Area(s). (Clause v) amended by OPA 438 Dec. 17/09)

The Coves Special Policy Area, identified on Schedule “B2” – Natural Resources and Natural Hazards, contains important natural features and a viable low density residential neighbourhood that has historically existed within the flood plain of the Thames River. While a berm/dyke structure provides protection up to the Regulatory elevation of the Thames River, there continues to be a potential for flooding from the river, as well as from internal drainage sources in the Coves basin. The standard two-zone (floodway-flood fringe) cannot be reasonable applied to development in the area. In order to provide for the continued viability of the existing community and an appropriate level of flood damage reduction, the coves is recognized as a Special Policy Area pursuant to Section 3.1. of the Provincial Policy Statement. Accordingly, the following special policies will apply in the area: i)

For the purposes of the Coves Special Policy Area: (a)

“Development” shall mean the creation of a new lot, a change in the land use, or the construction of buildings or structures, requiring approval under the Planning Act but does not include activities that create or maintain infrastructure authorized under the environmental assessment process; or works subject to the Drainage Act.

(b)

“Essential Emergency Services” shall mean services such as those provided by fire, policy and ambulance stations and electrical substations, which would be impaired during an emergency as a result of flooding, the failure of floodproofing measures and/or protection works, and/or erosion.

(c)

“Floodproofing” shall mean structural changes and/or adjustments incorporated into the basic design and/or construction or alteration or placement of individual buildings, structures or properties to protect them from flood damage, or to reduce or eliminate flood damages.

(d)

“Hazardous Substances” shall mean substances which, individually, or in combination with other substances, are normally considered to pose a danger to public health, safety and the environment. These substances generally include a wide array of materials that are toxic, ignitable, corrosive, reactive, radioactive or pathological.

(e)

“Infilling” shall mean development on previously undeveloped lots, generally bounded by existing development on adjacent sides.

(f)

“Institutional Uses” shall mean those uses, associated with hospitals, nursing homes, pre-schools, school nurseries, day care and schools, where there is a threat to the safe evacuation of the sick, the elderly, the physically challenged or the young during an emergency as a result of flooding, failure of floodproofing measures or protection works, or erosion.

(g)

“Regulatory Flood Standard” shall mean the level of flooding which has been calculated by the Upper Thames River Conservation Authority and recognized by the Province, to define the Thames River flood plain limits for regulatory purposes. The 1937 observed historical event, which represents the equivalent of a one in 250 year return flow occurrence, is recognized by the Province as the Regulatory Flood Standard for the Upper Thames Watershed. The Regulatory Flood Standard for the Thames River is delineated by the 235.6 metre contour.

(h)

“100-Year Flood Standard” shall mean the level of flooding which has been calculated by the Upper Thames River Conservation Authority for the Thames River flood plain based on an analysis of precipitation, snow melt, or a combination thereof, having a return occurrence of 100 years on average or having a 1% chance of occurring or being exceeded in any given year. The 100-year flood standard for the Thames River is delineated by the 234.8 metre contour.

(i)

“Coves Flood Standard” shall mean the level of flooding which has been calculated by the Upper Thames River Conservation Authority to define the flood plain limits from internal drainage sources within the Coves basin, based on a one in 250 year return flow occurrence. The Coves flood standard is delineated by the 232.33 metre contour.

(j)

“Replacement” shall mean removing an existing structure and erecting a new structure.

(k)

“Site Alteration” shall mean activities such as fill, grading and excavation, that would change the landform and natural vegetative characteristics of a site.

ii)

All development within the Coves Special Policy Area will be encouraged to incorporate floodproofing to the level of the Regulatory flood standard, if possible, and to the level of the 100 year flood standard at a minimum.

iii)

Applications for Official Plan and/or Zoning By-law amendments, plans of subdivision and consents that would have the effect of

increasing the amount or intensity of residential development within the Special Policy Area will not be supported. iv)

Applications for Official Plan and/or Zoning By-law amendments that would have the effect of permitting institutional uses, essential emergency services or hazardous substances within the Special Policy Area will not be supported.

On existing lots of record that are designated and zoned for residential development, minor additions and alterations to existing structures will be permitted, in accordance with relevant zoning and building guidelines, provided it is floodproofed to the elevation of the main floor (first floor) of adjacent structures at a minimum, and in no case less than the elevation of the coves flood standard.

vi)

On existing lots of record that are designated and zoned for residential development, infilling and replacement will be encouraged to incorporate floodproofing to the level of the Regulatory flood standard. Where this level of protection would be impractical, obtrusive, or out of context with adjacent development patterns, floodproofing shall be required to the elevation of the main floor (first floor) or adjacent structures at a minimum, and in no case less than the elevation of the Coves flood standard. Basements will not be permitted.

vii)

Applications for Official Plan and/or Zoning By-law amendments to permit open space uses will be evaluated on the basis of relevant policies in the Plan. Development within the Open Space designation will generally be restricted to non-intensive or passive uses that are not susceptible to significant flood damages. Associated structures, uses and parking areas may only be permitted on lands that are above the elevation of the Coves flood standard.

viii)

All infill, replacement, building additions and site alteration activity within the Coves Special Policy Area will continue to be regulated under the requirements of the Conservation Authorities Act and this will be denoted on Zoning maps to increase the awareness of landowners and area residents.

ix)

The City of London and Upper Thames River Conservation Authority will continue to co-operate in order to ensure the ongoing maintenance, repair and servicing of the Thames River dyking system, which provides flood damage reduction to the Coves Special Policy Area.

The City of London, in co-operation with the Upper Thames River Conservation Authority, will maintain, update and enhance the local Flood Contingency Plan on an ongoing basis. The City will support the efforts of the Conservation Authority to maintain, update and enhance the Flood Warning System Plan, which provides flood

forecasting, control and warning services in the watershed area. (Section 15.6.4.1. added by OPA 438 Dec. 17/09)

15.6.5. Flood Plain Acquisition

Selected flood plain lands will be acquired through a long term program of progressive acquisition, carried out in conjunction with the appropriate Conservation Authority.

Objectives Acquisition

This flood plain acquisition program will be conducted in recognition of the limited development potential of flood plain lands, and as a means of achieving objectives for open space and recreational lands.

Priorities Acquisition

ii)

For the purposes of flood plain acquisition, priorities will be established and evaluated on a regular basis according to the potential for loss of life, damage to property in the case of a major flood event, and the potential contribution to the network of public open space within the City. Priorities for the acquisition of flood plain lands will be established by Council in co-operation with the appropriate Conservation Authority.

Methods of Acquisition

iii)

Acquisition will occur as properties become available through the following methods: purchase; dedication; and or bequest. In some cases where a property cannot be through other means, the property may be acquired expropriation.

primarily donation acquired through

(Section 15.6. added by OPA No. 88 - OMB Order No.2314 - approved 99/12/23)

15.7.

EROSION AND WETLAND HAZARDS (Section 15.7. added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Ravines, river valleys, stream corridors, slopes and wetlands may be subject to natural hazards that preclude or restrict land use and development activity. The lands susceptible to natural hazards are subject to the policies in this section and may be identified for reference purposes on Schedule “B2” – Natural Resources and Natural Hazards. In addition to satisfying the policies in this section, all site alteration, land use and development activity within the applicable Regulation Limit, will be subject to review and approval by the Conservation Authority having jurisdiction. (Section 15.7. deleted and replaced by OPA 438 Dec. 17/09)

15.7.1. Ravine Erosion Hazards

The natural movement of watercourses and valley slopes due to erosion can be aggravated by human activities and the impact of the activity can be transferred some distance from the impact site. The risk of erosion is managed by planning for the 100 year erosion rate (the average annual rate or recession extended over a one hundred year time span). The extent of the Riverine Erosion Hazard Limit depends on whether the erosion is occurring in a Confined System (where the physical presence of a valley corridor containing the system is visibly discernable), or an Unconfined System (where there is no discernable valley slope or bank that can be detected from the surrounding landscape). In keeping with the hazard avoidance approach, development and site alteration is generally not permitted in areas that are subject to riverine erosion hazards. Riverine

erosion hazards are further addressed by the following criteria and illustrations: Confined Systems

The Riverine Erosion Hazard Limit to Confined Systems is comprised of the combined effect of the following: (a) In cases where valley slopes are found to be at a stable angle, and not subject to the potential influence of toe erosion, the Valley Top of Slope, located at the break in slope point between the valley side slope and the tableland, is the Riverine Erosion Hazard Limit. (b) In cases where there is a potential for erosion at the toe of the slope from natural processes, the Riverine Erosion Hazard Limit needs to be shifted to include a toe erosion allowance. (c)

In cases where a slope is steeper than its determined long term angle of stability, the Riverine Erosion Hazard Limit needs to be shifted to account for slope movement over time. In the absence of detailed geotechnical information, the stable slope allowance is based on an assumed stable slope gradient of three horizontal units to one vertical unit (3:1). For slopes having a steeper gradient, the allowance is equal to the distance between the actual valley top of slope and the point at which a slope at a 3:1 gradient, rising from the same toe position, would intersect the ground surface.

(d) A six (6) metre erosion access allowance added to the valley top of slope or the combined toe erosion and stable slope allowances, is required for the purposes of providing sufficient access for emergencies, maintenance and construction activities.

(Amended by OPA 438 Dec. 17/09)

Unconfined Systems

ii)

The Riverine Erosion Hazard Limit for Unconfined Systems, where there is not discernable valley slope or bank, is the combined limit of: (a) the meander belt allowance, which provides a limit to development within those areas where the river system is likely to shift. It is based on twenty (20) times the bankfull channel width; and (b) the erosion access allowance, a six (6) metre allowance added to the meander belt. The erosion access allowance is required for the purpose of maintaining sufficient access for emergencies, maintenance and construction activities.

(Amended by OPA 438 Dec. 17/09)

Boundaries

Permitted Uses

iii)

The alignment of the Riverine Erosion Hazard Limit shall be determined by the City, in consultation with the Conservation Authority having jurisdiction. The delineations on Schedule â&#x20AC;&#x153;B2â&#x20AC;? are subject to interpretation and refinement without an amendment to the Official Plan, on the basis of a technical study prepared in accordance with policy 15.7.6. and completed to the satisfaction of the City, in consultation with the Conservation Authority having jurisdiction.

(iv)

Most areas of riverine erosion hazards are designated Open Space and in keeping with Provincial policy, new development shall be directed away from lands that are subject to riverine erosion hazards. In areas of new development, the use of hazard avoidance, vegetative plantings and other non-structural solutions are the preferred method of addressing riverine erosion hazards.

(v)

In areas of existing development, uses permitted by an underlying land use designation may only be developed on lands that are subject to riverine erosion hazards if the following criteria can be addressed to the satisfaction of the City and the Conservation Authority having jurisdiction: (a) the riverine erosion hazard can be safely addressed and new or existing hazards are not created or aggravated, including possible impacts on upstream and downstream areas;

(b)

vehicles and people have a way of entering and exiting the area during times of emergencies;

(c)

the development does not involve institutional uses, essential emergency services or the storage of hazardous substances, which could pose an unacceptable threat to public safety if damaged or impacted by erosion forces;

(d)

permitted uses may also include works required to be undertaken for the creation or maintenance of infrastructure authorized under an environmental assessment process, and works required for flood and erosion control and bank stabilization to protect areas of existing development.

(Section 15.7.1. deleted and replaced by OPA 438 Dec. 17/09)

FIGURE 15.7.1.: ONE HUNDRED YEAR EROSION LIMIT

15.7.2. Steep Slopes Outside the Riverine Erosion Hazard Limit

The Riverine Erosion Hazard Limit identifies the erosion hazard associated with slopes along the City's river and stream corridors. Steep slopes associated with other features such as moraines or remnant valley slopes no longer continuous with the river system exist within the City outside of the Riverine Erosion Hazard Limit. These features, identified on Schedule â&#x20AC;&#x153;B2â&#x20AC;? will be and assessed through the community planning process and appropriate measures will be taken to address erosion hazards and protect the natural vegetation associated with these features. Such measures may include the preparation of a geotechnical study and/or supporting technical study in accordance with policy 15.7.6. (Section 15.7.2. amended by OPS 438 Dec. 17/09)

15.7.3. Lands Within the Regulation Limited

Regulation Limits may be mapped by the respective Conservation Authority, pursuant to the Conservation Authorities Act and enacting regulations, to represent the outside limit of all potential hazards and adjacent lands associated with riverine flooding and erosion, wetlands and

watercourses. The Regulation Limit typically includes a 15 metre allowance adjacent to riverine systems, and an area of interference of between 30 metres and 120 metres adjacent to wetlands. Within the Regulation Limit, all site alteration and development activity is regulated and subject to approval, conditional approval or prohibition by the Conservation Authority having jurisdiction and subject to approval by the City Engineer. The Regulation Limits are delineated on Schedule “B2”, to denote areas within which approval for site alteration and development activity is required from the Conservation Authority having jurisdiction. The Regulation Limits are subject to interpretation and refinement, without an amendment to the Official Plan, to reflect changes that have been enacted by the Conservation Authority having jurisdiction. (Section 15.7.3. deleted and replaced by OPA 438 Dec. 17/09)

15.7.4. Wetlands and Areas of Interference

Wetlands and their surrounding areas of interference are subject to regulation under the Conservation Authorities Act due to the potential hazards associated with flooding, organic soils and interference with water source/recharge areas. Filling or draining can have an impact on the hydrologic functions of a wetland which, in turn, may influence the flooding and erosion processes in the area. The incremental impact of widespread wetland interference can also have a significant impact on downstream hydrology. The Regulation Limit also applies to surrounding areas of interference, for a distance of 120 metres around Provincially Significant Wetlands and other wetlands larger than two hectares in size, and 30 metres around wetlands that are less than two hectares in size and not Provincially Significant. Mapping for the wetlands and areas of interference included within the Regulation Limit, is maintained by the Conservation Authority having jurisdiction and may be reflected on Schedule “B2” of the Official Plan for information purposes. Within regulated wetlands and their areas of interference, development or site alteration that are consistent with the underlying land use designation and zoning may only be permitted if prior approval is received from the Conservation Authority having jurisdiction. (Section 15.7.4. added by OPA 438 Dec. 17/09)

15.7.5. Maximum Hazard Line

The Maximum Hazard Line, which represents the general extent of combined natural hazards associated with the flood plain, areas of unstable or organic soils and steep slopes, including steep slopes outside of the Riverine Erosion Hazard Limit, is delineated on Schedule “B1” for information purposes. This delineation is subject to interpretation and refinement without an amendment to the Official Plan, to reflect changes that have been enacted by the Conservation Authority having jurisdiction. (Section 15.7.5. added by OPA 438 Dec. 17/09)

15.7.6. Geotechnical Assessments

Geotechnical assessments, hydrogeological studies, river morphology studies, erosion control plans and/or other supporting technical studies will be required to: (Section 15.7.6. renumbered and amended by OPA 438 Dec. 17/09)

(a)

accurately delineate the Riverine Erosion Hazard Limit;

(Clause (a) amended by OPA 438 Dec. 17/09)

(b)

identify existing erosion and/or slope instability hazards;

(c)

assess the impact of the proposed development on existing hazards;

(d)

assess the potential for the proposed development to create new hazards;

(e)

identify measures to safely avoid the potential hazards, including appropriate development setback from the Riverine Erosion Hazard Limit; and (Clause e) amended by OPA 438 Dec. 17/09)

(f)

identify and address any associated impacts that development adjacent to the Riverine Erosion Hazard Limited will have on components of the Natural Heritage System. (Clause (f) added by OPA 438 Dec. 17/09)

ii)

The City shall require that the geotechnical assessment and other technical studies be completed to its satisfaction, in consultation with the relevant Conservation Authority and other public agencies, prior to the approval of an Official Plan Amendment, Zoning By-Law Amendment, subdivision application or site plan application. (Clause ii) amended by OPA 438 Dec. 17/09)

iii)

A geotechnical assessment and other required technical studies may be completed as part of an Area Plan. Environmental Assessment or an Environmental Impact Study in accordance with Section 15.5. of this Plan. (Section 15.7 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause iii) amended by OPA 438 Dec. 17/09)

15.8.

CONTAMINATED LANDS (Section 15.8 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

15.8.1. Development in the Vicinity of Known or Suspected Contaminated Sites

Notwithstanding the land use designated on Schedule "A" of this Plan and any associated policies, future development will not be permitted on or in the vicinity of known or suspected contaminated sites, unless it is determined that the development satisfies the provisions of the Environmental Protection Act, and the development complies with any other provincial and municipal guidelines, as applicable.

ii)

The City may consult with appropriate Provincial agencies and may require an investigation, including testing of soil and groundwater samples, to: (a)

Determine potential health concerns;

(b)

Demonstrate the site can be rehabilitated to meet appropriate Federal, Provincial and local standards; and

Identify procedures for site remediation.

The City shall cooperate and participate with other private or public agencies, in an effort to reduce adverse environmental impacts or health hazards associated with contaminated sites. (Section 15.8 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

15.9.

ABANDONED OIL OR GAS WELLS (Section 15.9 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 15.9. amended by OPA 438 Dec. 17/09)

15.9.1. Known or Suspected Wells

For information purposes, the approximate locations of known or suspected former petroleum wells are identified on Schedule “B2”. Prior to approving new development on or adjacent to known or former petroleum (oil and gas) well locations, the City will require the proponent to demonstrate that the known or suspected hazard has been mitigated in accordance with relevant provisions of the Oil, Gas and Salt Resources Act. Should previously unknown abandoned petroleum works be discovered during the course of a project, work shall be ceased until such time that hazards have been mitigated in accordance with relevant provisions of the Oil, Gas and Salt Resources Act. (Section 15.9.1. amended by OPA 438 and Ministry Mod. #53 Dec. 17/09)

15.10.

AGGREGATE RESOURCES (Section 15.10 renumbered by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

The London area contains extensive sand and gravel deposits which provide a valuable source of road and building construction material. In recognition of the value of these aggregate resources, the Plan provides for the continuation and expansion of existing pits and quarries and the introduction of new pits and quarries. The potential impacts of pits and quarries on other land uses are also taken into account. Aggregate extraction is recognized by the Plan as an interim land use and, as such, aggregate resources are designated on Schedule "A" - the Land Use Map, for their ultimate intended land use. The locations of both aggregate resources and existing pits and quarries are shown on Schedule "B2" – Natural Resources and Natural Hazards. In addition to the policies of the Plan, existing pits and quarries in London are also subject to the provisions of the Aggregate Resources Act. (Section 15.10 amended by OPA 438 Dec. 17/09)

15.10.1. Extractive Industrial

Legally existing pits and quarries are recognized as a permitted use by this Plan. In areas shown Extractive Industrial on Schedule "B2", aggregate extraction is a permitted interim land use in all designations on Schedule "A". (Section 15.10.1. amended by OPA 438 Dec. 17/09)

Location

Extractive Industrial Areas shown on Schedule "B2" – Natural Resources and Natural Hazards include licensed pits and quarries and properties appropriate for consideration for a license under the Aggregate Resources Act.

(Clause i) amended by OPA 438 Dec. 17/09)

Designation

ii)

Extractive Industrial Areas shown on Schedule "B2" may be designated on Schedule "A" - the Land Use Map, according to their ultimate intended land use. (Clause ii) amended by OPA 438 Dec. 17/09)

Evaluation of Proposals for Adjacent Development

iii)

In evaluating proposals for change in land use within, or adjacent to, Extractive Industrial Areas shown on Schedule "B2" â&#x20AC;&#x201C;Natural Resources and Natural Hazards, the potential impact of the pit or quarry on the proposed use and the future availability of aggregate resources for extraction will be considered. Existing mineral aggregate extraction operations shall be protected from new development and activities that would preclude or hinder their expansion or continued use, or which would be incompatible for reasons of public health, public safety or environmental impact. The following measures may be required to ensure that extraction is undertaken in a manner which minimizes social and environmental impacts between the mineral aggregate resource extraction and new development: (a)

phasing of the proposed development, such that portions of the site furthest away from the pit or quarry are developed first. This will assist in the maintenance of a buffer area between the two uses;

(b)

phasing of the proposed development, so that rehabilitation of portions of the pit or quarry precedes the development of adjacent residential uses; and

(c)

the provision of berms, landscaping, and fencing.

(Clause iii) amended by OPA 438 Dec. 15/09)

15.10.2. Mineral Aggregate Resources

Council will promote the conservation of mineral aggregate resources by making provision for the recovery of these resources, wherever feasible. Aggregate resources within the City are shown on Schedule "B2" â&#x20AC;&#x201C;Natural Resources and Natural Hazards. It is recognized that the extraction of these resources may occur during the life of the Plan. An Official Plan amendment will be required to establish a new pit or quarry, or to substantially expand an existing pit or quarry, according to the provisions of policy 15.4.3. of the Plan. The foregoing notwithstanding, in the case of Aggregate Resource Areas in the Byron area, only a zoning by-law amendment will be required to establish a new pit or expand an existing pit. In areas within or adjacent to known mineral aggregate resources, development and activities that would preclude the establishment of new aggregate extraction operations, or access to the resources will only be permitted if: (a) resource use would not be feasible; or (b) the proposed land use or development serves a greater long

term public interest; or (c) issues of public health, public safety and environmental impact are addressed. (Section 15.10.2. amended by OPS 438 Dec. 17/09)

15.10.3. Applications to Expand or Add Pits or Quarries

In addition to the requirements of the Aggregate Resources Act, (a)

except in the south-east Byron area, an Official Plan amendment will be required in order to establish a new pit or quarry or to expand an existing pit or quarry beyond that area shown on Schedule "B2" â&#x20AC;&#x201C; Natural Resources and Natural Hazards as Extractive Industrial Area; and (Clause (a) amended by OPA 438 Ec. 17/09)

(b)

in the case of lands in the south-east Byron area shown on Schedule "B2" â&#x20AC;&#x201C; Natural Resources and Natural Hazards as Extractive Industrial Area or Mineral Aggregate Resource Area, only a rezoning will be required to establish a new pit or quarry or to expand an existing pit or quarry (Clause (b) amended by OPA 438 Dec. 17/09)

Potential Impact On Other Uses

Proposals will be evaluated in terms of their potential impact on surrounding land uses.

Information to Assist in Evaluation

ii)

In reviewing aggregate extraction proposals applied for under the Aggregate Resources Act, where an Official Plan amendment would be required, or in the case of those lands in the Byron area where only a rezoning is required to establish a new pit or quarry or to expand an existing pit or quarry, Council may request submission of the following information from the applicant: (a)

a report setting out the location, extent, amount, and quality of the aggregate resource to be extracted;

(b)

an inventory of existing site conditions, including the description and dimensions of the site, property ownership and area, adjacent land uses, vegetation, topography, soil conditions, ground and surface water, and other significant features;

(c)

an evaluation of potential noise and vibration impacts on adjacent land uses in keeping with the provisions of policy 19.9.5.;

(d)

the site plan of the extractive operation, as required by the Aggregate Resources Act, and showing the proposed development as planned and staged. Such site plans shall include: the location of structures, operating equipment, activity areas, points of access, and internal roads; the anticipated use of traffic routes to and from the site; the propose duse of measures to mitigate the potential impact

of dust, noise, vibration and other nuisances on sensitive receptors within 150 metres of the site; surrounding land uses; and the phasing of rehabilitation of the extractive operation. (Clause (d) amended by Ministry Mod. #54 Dec. 17/09)

Other Designations

iii)

In land use designations other than Urban Reserve, applications for Official Plan amendment to establish a new pit or quarry, or to expand on existing pit or quarry will require the completion of a Planning Impact Analysis according to the applicable section of the Plan.

Byron

iv)

In connection with Extractive Industrial Areas and Aggregate Resource Areas in Byron, it is the intent of this Plan to minimize the impact of extraction activities upon surrounding land uses. Accordingly, in the Byron area, in addition to compliance with policies 15.4.3.i) and ii), the Ministry of Natural Resources may be requested, through the licence and site plan approval process, to require any of the following:

15.10.4. Rehabilitation of Pits and Quarries

Rehabilitation Plan Criteria

(a)

the extraction and rehabilitation of extracted areas to be expedited to the extent possible through a phasing sequence on the site plans required by the Aggregate Resources Act;

(b)

the location of stockpiling, screening, mixing, crushing or other processing of materials at the lowest elevations that are reasonably possible;

(c)

to the extent possible, the use of common, paved entrances and exits as recommended by the City Engineer to be shared by extraction operations; and/or

(d)

the retention of tree or other vegetative cover within the setback areas to the extent practicable.

Council, in considering an Official Plan amendment and/or rezoning, as the case may be, and an application under the Aggregate Resources Act to add or expand a pit or quarry, will request the submission of a rehabilitation plan, as provided for by the Aggregate Resources Act, to ensure that the rehabilitation of a pit or quarry is in keeping with the land use designation(s) shown on Schedule "A" - the Land Use Map, and other relevant policies of this Plan. i)

Council may request that the following items be included in the rehabilitation plan: details of the proposed land use, final topographic contours; the expected depth and quality of topsoil; the expected depth and quality of ground water; the expected extent, depth, and quality of surface water; proposed measures to ensure slope stability; details of the landscaping or replanting program; and delineation of proposed drainage patterns.

Basis of Rehabilitation Plans

ii)

Council may request that rehabilitation plans be based on an area study, prepared in accordance with the provisions of policy 19.2.1. of the Plan â&#x20AC;&#x201C; Secondary Plans. Secondary plans intended to form the basis of a rehabilitation plan will address, in addition to those matters described in policy 19.2.1. ii), methods of minimizing potential land use conflicts between proposed new development and existing land uses.

South East Byron

iii)

In connection with Extractive Industrial Areas and Aggregate Resource Areas in southeast Byron, the integration of rehabilitation plans for the extraction area east of North Street will be achieved through the process of both new and replacement site plan approval by the Ministry of Natural Resources. The integrated plans will provide an approximate indication of the rehabilitated landscape including limited peripheral areas that are intended for residential after-use, and the greater portion of the pit that will not be suitable for residential development because of slope or elevation constraints. Since the ultimate use of this area is likely to be open space and recreation, a more detailed level of site planning will have to be undertaken in the future involving the pit operators and land owners, the Ministry of Natural Resources and the City of London. The resulting plan and related documentation will indicate:

15.10.5. Wayside Pits and Quarries, Portable Asphalt and Concrete Plants

(a)

an accurate delineation of the land intended to be rehabilitated as public open space;

(b)

accurate contour information indicating the final grading of the rehabilitated areas;

(c)

the approximate configuration of any incorporated in the rehabilitation scheme;

(d)

road and trail access to and through the rehabilitated pit area including any required parking facilities;

(e)

the siting of any recreational facilities proposed for the rehabilitated pit area;

(f)

a planting scheme to provide for the stabilization of soils and reduced maintenance on rehabilitated slopes, the naturalization of lands at the edge of forest areas, and the creation of a visually attractive landscape suitable for passive recreation pursuits.

ponds

"Wayside" Pits and Quarries, Portable Asphalt and Concrete Plants may be established in undeveloped areas within any land use designation of the Plan without the requirement for an Official Plan or Zoning By-law amendment, subject to the following provisions: (Section 15.10.5. amended by Ministry Mod. #55 Dec. 17/09)

Definition

For the purposes of this Plan, wayside pit or quarries means a temporary pit or quarry opened and used by or for a public authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way. A portable asphalt plant means a facility with equipment designed to heat and dry aggregate and mix aggregate with bituminous asphalt to produce asphalt paving material, and includes stockpiling and storage of bulk materials used in the process; and which is not of permanent construction, but which is to be dismantled at the completion of the construction project. A portable concrete plant means a building or structure with equipment designed to mix cementing materials, aggregate, water and admixtures to produce concrete, and includes stockpiling and storage of bulk materials used in the process; and which is not of permanent construction, but which is designed to be dismantled at the completion of the construction project. (Clause i) deleted and replaced by Ministry Mod. #57 Dec. 17/09)

Open Space of Flood Plain Lands

ii)

Wayside pits and quarries, portable asphalt and concrete plants, to be established within areas of the Open Space designation which have been recognized by Council as environmentally significant areas, or within areas of any land use designation that are subject to the Regulations for Development, Interference with Wetlands and Alterations to Shorelines and Watercourses of the Upper Thames River Conservation Authority, will require a Zoning By-law amendment to permit a temporary use, in accordance with the provisions of the Planning Act. Applications for a Zoning By-law amendment to permit wayside pits and quarries will be subject to Planning Impact Analysis, according to the applicable Planning Impact Analysis section of the Plan. (Clause ii) amended by OPA 438 and by Ministry Mod. #58 Dec. 17/09)

Areas of Existing Development

iii) Wayside pits and quarries, portable asphalt and concrete plants. to be established within areas of existing development will require a Zoning By-law amendment to permit a temporary use, in accordance with the provisions of the Planning Act. Applications for a Zoning By-law amendment to permit wayside pits and quarries will be subject to Planning Impact Analysis, according to the applicable Planning Impact Analysis section of the Plan. (Clause iii) amended by Ministry Mod. #59 Dec. 17/09)

Rehabilitation

iv) Council, in reviewing applications under the Aggregate Resources Act for wayside permits, will request the submission of a rehabilitation plan prepared to Council's satisfaction, as provided for by the Aggregate Resources Act, to ensure that the rehabilitation of a pit or quarry is in keeping with the land use designations shown on Schedule "A", the Land Use Map, and other relevant policies of this Plan.

15.10.6. Byron Gravel Pits and Adjacent Lands

Aggregate resources adjacent to the Byron Gravel Pits are shown on Schedule “B2” – Natural Resources and Natural Hazards Map. It is recognized that extraction of these resources may occur during the life of this Plan as a means of assisting in the overall rehabilitation of the Byron Gravel Pits as provided for in policy 9.2.4. Consideration of the long term

development for the lands identified on Schedule "B2" as having aggregate resources adjacent to the Byron Gravel Pits shall be incorporated and form a part of the studies being undertaken to achieve a comprehensive extraction, rehabilitation and development plan for the lands designated "Urban Reserve and Residential" on Schedule "A". (Section 15.10 renumbered by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 15.10.6. amended by OPA 438 Dec. 17/09)

15.11.

MINERAL AND PETROLEUM RESOURCES (Section 15.11 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

There are no known mineral or petroleum resource operations in the City of London. Nevertheless, in certain areas of London underground petroleum resources may exist. Exploration of petroleum resources will not require an amendment to this Plan or the Zoning By-law. Development of petroleum resources, including exploration, drilling, production and storage of petroleum resources, shall comply with the Petroleum Resources Act and any other Provincial requirements, as applicable. Council shall ensure that no development will be permitted around any prior existing operational petroleum wells for maintenance, servicing and safety reasons. Appropriate setbacks as outlined in the regulations of the Petroleum Resources Act will be addressed through the Zoning By-Law. (Ministry Modification No. 5 to OPA No. 88)

16.

PARKS AND RECREATION POLICIES INTRODUCTION The City will provide parks and recreation services to meet the general interest and needs of the people of London. The City is responsible for providing facilities and services to meet the parks and recreation needs of the citizens of London. Parks and recreation is an essential part of the quality of life and living in a city. It is also a key component of Community Vitality â&#x20AC;&#x201C; a strategic priority identified in the 2007 â&#x20AC;&#x201C; 2010 Council Strategic Plan. Parks include both passive and active park space. Recreation includes a variety of individual and group related activities. A parks and recreation system should provide opportunities to undertake a variety of recreational activities and be designed to satisfy the diverse needs of the population. These policies provide direction for the provision of parkland and recreation services. Provision is made for a parks classification system to serve the citizens of the City. Each level in the hierarchy serves a different function to accommodate a variety of recreational activities. These policies also indicate the method by which parklands are obtained, and they promote the linkage of parks through pedestrian and bicycle path systems. To facilitate ongoing parks and recreation planning, a Parks and Recreation Master Plan will be prepared by the City. The Master Plan will be used as a guide by the City, the general public and the private sector, in parks and recreation planning. (Introduction amended by OPA 438 Dec. 17/09)

16.1.

GENERAL OBJECTIVES FOR PARKS AND RECREATION i)

Provide parks and recreation services to meet the needs of the entire population.

ii)

Develop an appropriate parks classification system to be used in the provision and development of public parkland.

iii)

Strive towards an accessible and equitable distribution of parks, recreation areas, and services throughout the City and overcome deficiencies where possible.

iv)

Improve the recreational potential as well as the aesthetic qualities of City parks.

Promote the concept of a continuous or linked accessible public open space system. (Clause v) amended by OPA 438 Dec. 17/09)

vi)

Recognize and develop the Thames River Valley and tributaries as major public recreational resources.

vii)

Ensure that all future park sites are suitable, appropriately located and designed to incorporate the principles of accessible design. (Clause vii) amended by OPA 438 Dec. 17/09)

viii)

Promote the joint and multi-use of parks and related facilities.

ix)

Provide for public participation in the recreational planning process.

Ensure the use of the City of London Facility Accessibility Design Standards in the retrofit, alteration or addition to existing facilities. (Clause x) added by OPA 438 Dec. 17/09)

xi)

The provision of recreational opportunities within Environmentally Significant Areas is subject to the policies in Section 15 of the Official Plan. (Clause xi) added by OPA 514 Jan 31/12)

16.2.

PARKS AND RECREATION

16.2.1. Jurisdiction

The City operates and conducts programs for the Municipal Council by authority of the City of London Bill of 1912 as related to parks, and by the City of London By-law P.U.-38-331 as related to recreation.

16.2.2. Parks Clasification

The Official Plan promotes the development of a four-tiered parks classification system in order to effectively match resource with the parks and recreational needs of City residents. These parks and recreation facilities are organized into the following hierarchy: neighbourhood, district, city-wide, and regional parks.

16.2.3. Neighbourhood Parks

Neighbourhood parks and playgrounds are intended to be provided and developed in accordance with the following provisions:

Purpose and Functions

Neighbourhood parks and playgrounds are designed primarily for children's activities. Where there is a large number of other age groups, facilities and programs will be designed specifically to meet the needs of these groups.

Service Radius

ii)

Neighbourhood parks and playgrounds should be accessible to the majority of neighbourhood residents. The optimum service radius of these types of facilities will be identified in the Parks and Recreation Master Plan.

Size

iii)

The size of neighbourhood parks and playgrounds will be specified in the Parks and Recreation Master Plan.

General Topography

iv)

Neighbourhood parks and playgrounds should be flat and well drained in order to accommodate a variety of neighbourhood recreational activities. Depending on the site characteristics and park space needs, contour variations and vegetation will be retained and enhanced to create an attractive setting.

Location

Neighbourhood parks and playgrounds should be centrally located, in order to be within safe and convenient walking distance of the majority of neighbourhood residents. The park will be designed with extensive street frontage for visibility and safety, and where practical and feasible, should be coordinated with public or separate elementary school sites.

Activities

vi)

Neighbourhood parks and playgrounds should be of sufficient size to accommodate a range of recreational activities, such as, but not limited to, softball, soccer, and informal activities.

16.2.4. District Parks

District parks and playfields are intended to be provided and developed in accordance with the following provisions:

Purpose and Function

District parks and playfields should be designed primarily for youths and adults with emphasis on facilities for organized and non-organized sports.

Service Radius

ii)

The optimum service radius of district parks and playing fields will be identified in the Parks and Recreation Master Plan.

Size

iii)

District parks and playfields should be large, in order to accommodate a wide variety of recreational facilities. The service standards and size of district parks and playfields will be identified in the Parks and Recreation Master Plan.

General Topography

iv)

District parks and playfields should be flat, with peripheral contour variations and landscaping provided for visual effect. Sites with topographic variety and tree cover are desirable.

Location

District parks and playfields should be located centrally to the population being served and should be directly accessible by public transit, automobile and bicycle. Frontage on a major traffic route is desirable with facilities provided for off-street parking. The preferred location is adjacent to existing secondary school sites where possible, in order to maximize the use of public open space and to achieve a complementary integration of indoor and outdoor recreational facilities.

Activities

vi)

District parks and playfields should provide a variety of outdoor and indoor activities, such as, but not limited to, soccer; softball; baseball; swimming; skating and community centre activities.

16.2.5. City-Wide Parks Purpose and Function

City-wide parks are intended to be provided and developed in accordance with the following provisions: i)

City-wide parks should be developed for the enjoyment of a diverse population including individuals, family groups and community organizations. Opportunities for all types of recreational, social and cultural development will be provided and the preservation of natural environment areas, historic sites and

wildlife habitats will be encouraged at this level. Service Radius

ii)

City-wide parks should be accessible to the entire community by means of public transit and automobile. Secondary means of public access in the form of pedestrian walkways and bicycle paths are also desirable.

Size

iii)

City-wide parks may vary in size depending on the nature and extent of facilities to be provided.

General Topography

iv)

City-wide parks should be developed to take advantage of prominent land forms and natural environment features. These include riverbank areas, stream valley lands, ravine lands, significant tree stands, wetlands, and marshes. Other sites with limited topographic variations and natural environment features may be more suitably developed for major sports activities and special events.

Location

City-wide parks should be distributed throughout the municipality and should encompass areas of unique character and significance.

Activities

vi)

City-wide parks can be designed for multi-purpose or specialized functions. Multi-purpose parks should offer a wide range of recreational opportunities including but not limited to, picnicking; hiking; swimming; boating; winter sports activities; nature observation; and areas for play. Special-purpose parks should be designed for specialized uses, including municipal golf courses; bird sanctuaries; zoos; marinas; bicycle trails; art galleries; civic centres; botanical gardens; and major sports facilities; and where feasible should accommodate civic and cultural activities.

16.2.6. Regional Parks

Regional parks and recreation areas are those lands that serve a level of interest greater than the local community. Regional parks can preserve a portion of the natural landscape, supplement recreation facilities available in urban areas, and may also have a special purpose, including tourist recreation attractions and the provision of a single recreation function such as a golf course, ski area, botanical gardens, or racetrack.

16.2.7. Park/School Complexes

Co-operation with the local School Boards in the sharing of school grounds to supplement the supply of parklands is encouraged. Where feasible, new parkland will be acquired in concert with the acquisition programs of the School Board so that a complementary integration of facilities may be achieved.

Surplus School Sites

In the event that school sites adjacent to park sites are declared surplus by a School Board, City Council may acquire all, or part of, the school site for parkland.

Reduction in Parkland Standards

ii)

Where a neighbourhood or district park is adjacent to a school site, City Council may reduce the amount of required parkland for that area.

16.2.8 Environmentally Significant Areas

Environmentally Significant Areas identified as components of the Natural Heritage System include lands that are to be maintained in their natural state through appropriate management for the purposes for which they have been recognized. These lands will be subject to the policies of Section 15.3. Details of the management and recreational use of identified ESAs may be contained within a Conservation Master Plan as provided for in policy 15.3.8 of the Plan. (Policy added by OPA 514 Jan 31/12)

16.2.9 Urban Park

Urban Parks are intended to be provided and developed in accordance with the following provisions:

Purpose and Functions

Urban parks should be the focal point of the community and developed for the enjoyment of a diverse population including individuals, family groups and community organizations. Opportunities for many types of recreational, social and leisure development will be provided. The park is to satisfy the needs of the local community in more dense areas of the city and will maintain a higher level of design and service.

Service Radius

ii)

Urban parks should be accessible to the community by means of public access generally in the form of pedestrian walkways and bicycle paths. Typical service area radius should be less than 800 metres (10 minute walk).

Size

iii)

Urban parks may vary in size depending upon the availability of land, the nature and extent of the facilities to be provided, but the minimum size will be 0.25 hectares.

General Topography

iv)

Urban Parks should be flat and well drained in order to accommodate a variety of recreational and leisure activities. These parks are more urban in character and could contain a significant amount of hard surfaces. Depending on the site characteristics and available park space, contour variations and vegetation will be retained and enhanced to create an attractive setting.

Location

Urban Parks should be centrally located, in order to be within safe and convenient walking distance of the majority of neighbourhood. The park will be designed with extensive street frontage (50% minimum) and should integrate the street frontage into the design of the park. Where possible the park will be coordinated with other public space.

Activities

vi)

Urban parks can be designed for multi-purpose or specialized functions; they are intended to be the focal point of the community. Multi-purpose parks should offer a wide range of recreational and leisure opportunities, ideally for all four seasons. (Section 16.2.9 added by OPA 517 Feb 21/12)

16.3.

PARKLAND ACQUISITION The acquisition of parkland to achieve the objectives of this Section of the Plan may occur through purchase, donation, bequest, expropriation, or

through dedication as provided for under the Planning Act. In some situations, particularly where the intent is to contribute to the City's continuous network of parks and open space, land suitable for parkland may also be acquired through joint funding programs between the City and the Upper Thames River Conservation Authority. In all cases, parkland acquisition projects will require the approval of Council. 16.3.1. Methods of Acquisition

Council will acquire lands for use as parkland primarily through the following methods: dedication; purchase; donation or bequest; and expropriation.

16.3.2. Parkland Dedication

Council will, as a condition of the subdivision, development or redevelopment of land for residential purposes, require that land in the amount of 5% of the land proposed for development be conveyed to the municipality for park or other public recreational purposes, pursuant to the provisions of the Planning Act.

Alternative Requirement

vii)

Alternatively, Council may require the dedication of parkland at a rate of 1 hectare (2.47 acres) for every three hundred (300) dwelling units proposed, as provided for under the Planning Act.

Industrial, Commercial Development

viii)

In the case of industrial or commercial development, Council may require that land in the amount of 2% of the land proposed for development be conveyed to the municipality for park or other public recreational purposes, pursuant to the Planning Act.

Cash-In-Lieu

ix)

Council may require cash in-lieu-of all or part of the required parkland dedication under the following circumstances: (a)

where the required land dedication fails to provide an area of suitable shape, size, or location for development as public parkland;

(b)

where the required dedication of land would render the remainder of the site unsuitable or impractical for development; or

(c)

where existing park and recreational facilities in the vicinity of the site area are, in the opinion of the City, clearly adequate to serve the projected increase in population.

Cash Payment per Dwelling Unit

iv)

In the case of residential development, Council may, by by-law, specify the amount of fixed cash payment per dwelling unit. The amount of cash payment shall be amended when deemed necessary to reflect the general rate of land values in the City.

Credit System

Where land in excess of the amount of land required for dedication has been conveyed to the City for park purposes in association with a development proposal, the excess may be applied as a credit to future development by the same proponent.

Condition of Dedicated Lands

vi)

Land conveyed to the City as part of the required parkland dedication will be expected to meet minimum standards for drainage, grading, and general condition, as contained in the Parks and Recreation Master Plan. Prior to accepting any lands dedicated for park purposes, the City may require evidence that no environmental contamination has occurred on the lands. In the event that evidence shows that contamination may have taken place on or adjacent to such lands, the City may require that the site be rehabilitated or remediated to the satisfaction of the City and the Province prior to purchasing or accepting the lands. (Clause vi) amended by OPA No. 88 - OMB Order No. 2314 - Approved 99/12/23)

Acceptance of Ravines, Wooded Areas

16.3.3. Priorities for Acquisition

vii)

Land conveyed to the City as part of the parkland dedication requirement will generally be flat, open land. However, in areas where the need for flat, open land is being met, lands containing features such as ravines, woodlots and other vegetation or variations in topography may be accepted at a rate which reflects their relative development potential.

Priorities for Parkland Acquisition will be based on:

Population Densities

existing and proposed population densities;

Existing Facilities

ii)

existing facilities and their accessibility to the neighbourhood residents;

Funding

iii)

the availability of funds for acquisition;

Available Lands

iv)

the suitability of lands available for sale; and

Acquisition

acquisitions which will serve to create a more continuous or linked park system.

16.3.4. Continuity

Wherever possible, the creation of a continuous linked open space system utilizing linear parks in addition to more traditional block shaped parks will be achieved by:

Linked System

encouraging continuous, linked park and open space systems in new subdivisions;

River System

ii)

striving towards a continuous park system along river valley and tributary lands; and

Potential Pathways

iii)

pursuing the potential use of Hydro corridors, the flood plain, wetlands, drainage courses, minor railway rights-of-way and similar features or facilities as linear parks.

16.4.

GENERAL

16.4.1. Pedestrian Bicycle Circulation System

In keeping with policy 18.2.14. of the Plan, Council will promote the development of a pedestrian and bicycle circulation system which will link parks to residential and other areas by pedestrian paths, sidewalks along certain roads and bicycle routes. When development and/or redevelopment proposals are submitted for approval and where such proposals are on land that may be desirable for the purpose of linkage to a park, effort will be made to ensure that such proposals are integrated with the system through land dedication or acquisition.

16.4.2. Impacts of Major Facilities Traffic

Active recreational facilities shall be located and designed to minimize their potential adverse effect on adjacent residential uses. The development and/or redevelopment of recreational facilities will be guided by the following locational and buffering criteria:

Traffic

the facility will minimize the generation of traffic movements on local streets through residential areas;

Accessibility

ii)

the facility is readily accessible from major roads;

Compatibility

iii)

the facility is designed at a scale and in a manner which is compatible with adjacent land uses; and

Parking

iv)

the facility is provided with adequate on-site, and off-street parking.

16.4.3. Multi-Use Centres

This Plan encourages the development of multi-use community centres in the City combining uses such as an arena; library; day care centre; and meeting rooms.

16.4.4. Parks and Recreation Master Plan

Considerations that will be taken into account in the planning of parks and recreational facility requirements include:

Population

population characteristics including density, age breakdowns, ethnic considerations and income;

Accessibility

ii)

accessibility, including the nature of alternative recreational opportunities in the area and the ability to incorporate the principles of accessible design;

Residential

iii)

characteristics of residential developments;

Parkland Acquisition

iv)

opportunities for parkland acquisition in terms of costs and property condition;

Public Input

public input and expressed requirements;

Site Selection

vi)

locations having site characteristics which lend themselves to

recreational use while being retained in a natural state; Type of Space

vii)

requirements for passive and active spaces;

Parks by Schools

viii)

feasibility of locating parks adjacent to school sites; and,

Alternative Sites

ix)

16.4.5. Review

availability of alternate park facilities in the vicinity.

To provide more detailed direction for the implementation of the Park and Recreation policies, a Parks and Recreation Master Plan will be prepared and adopted by City Council as a Guideline Document pursuant to Section 19.2.2. of this Plan. The Parks and Recreation Master Plan will be reviewed and updated from time to time so that it is current with changing trends and priorities.

17.

SERVICES AND UTILITIES INTRODUCTION The services dealt with in this Chapter of the Plan include the sanitary sewerage system, both open and closed sanitary landfill sites and other solid waste treatment facilities, stormwater management, water distribution and treatment, electrical services, and other utilities. The planning and provision of these services and utilities is shared among several agencies. The City of London has responsibility for the provision of water distribution, the sewerage system, stormwater management, waste management and electrical services (London Hydro). Provision of these services is also subject to appropriate consultation, regulation and approvals from, or through, agencies such as the Conservation Authorities and the Ministry of the Environment, according to requirements of the Environmental Protection Act, the Environmental Assessment Act, the Conservation Authorities Act, the Ontario Water Resources Act and other provincial regulations. (Introduction amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Introduction amended by OPA No. 298 - approved 05/01/31)

17.1.

SERVICES AND UTILITIES OBJECTIVES Service and utilities shall be provided to the residents of London in an orderly and coordinated manner that is consistent with the following objectives:

17.1.1.

GENERAL OBJECTIVES i)

Provide and encourage the construction and maintenance of services and utilities in an efficient manner while minimizing conflicts with other land uses.

ii)

Provide for the future extension of services by developing sufficient capacity in the distribution, collection and treatment facilities to service the present and future needs of the City.

iii)

Protect the natural environment while providing the required services and utilities.

iv)

Co-operate with other agencies in planning for the multiple use of servicing and utility rights-of-way and corridors wherever possible.

Protect the service and utility from encroachment that would constrain its operation, result in hazard to life and property, and/or increase the cost of its operation.

vi)

Encourage the use of innovative or alternative servicing techniques to allow for greater efficiency provided they are not harmful to the environment and will not encourage incompatible development and

are within the capabilities of the municipality. (Clause vi) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

17.1.2.

SANITARY SEWERAGE OBJECTIVES i)

Provide and maintain sanitary sewers, pumping stations, and sewage treatment plants with sufficient capacity to accommodate the existing and future development of the City, within the financial capability of the Municipality.

ii)

Provide sewage treatment to meet standards for an acceptable quality of effluent discharge to the Thames River and its tributaries. (Clause ii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

17.1.3.

SOLID WASTE MANAGEMENT OBJECTIVES i)

Provide for the disposal of solid waste materials generated or produced by City residents and businesses, at acceptable locations and in a manner which will minimize negative impacts on the environment and surrounding land uses. (Deferral #9 Under Section 17(10) of the Planning Act)

ii)

Promote the recovery, reduction, re-use, recycling and recovery of materials from solid waste, wherever possible, through the use of innovative means, new technology, conservation measures and public education programs. (Clause ii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

iii)

17.1.4.

Control development surrounding operating and closed landfill sites which could be adversely affected by the operation of disposal facilities and/or methane gas and leachate.

STORMWATER MANAGEMENT OBJECTIVES i)

Prevent loss of life and minimize property damage and health hazards resulting from flooding or other stormwater problems.

ii)

Minimize inconvenience and damage from surface ponding and flooding, either on-site or downstream.

iii)

Protect groundwater recharge and minimize impacts on local groundwater systems. (Clause iii) replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

iv)

Protect and enhance hydrology, geomorphology, water quality and the quality of aquatic and fish habitat. (Clause iv) replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Minimize the effects of erosion, soil loss, and sedimentation from construction activity on sewerage systems and receiving watercourses. (Clause v) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

vi)

Promote, through efficient stormwater management techniques, orderly development in a cost-effective manner.

vii)

Protect baseflow and regulate water flow levels in receiving watercourses. (Clause vii) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

17.1.5.

WATER SERVICES OBJECTIVES i)

Provide and maintain water storage facilities, pumping stations and watermain distribution systems with sufficient capacity to provide for existing and planned development at a reasonable cost.

ii)

Ensure, in an environmentally sound manner, that high quality drinking water meets or exceeds all regulatory standards.

iii)

Meet or exceed service requirements for supply of water for fire protection.

iv)

Ensure the security of water supply to avoid severe water shortages.

Encourage water conservation and the efficient use of water in the City. (Subsection 17.1.5 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Subsection 17.1.5 amended by OPA No. 298 - approved 05/01/31)

17.2.

SANITARY SEWERAGE (Section 17.2 replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

The provision of sanitary sewerage facilities, including sewer lines, pump stations, and sewage treatment plants, is essential for a healthy environment in the City and for the growth and development of the Municipality. The City has undertaken a Sanitary Sewerage Servicing Study to assess its 20 year and 50 year needs for sanitary sewage system improvements and expansions and options for meeting those needs. The Ministry of the Environment, through the Ontario Water Resources Act, Environmental Protection Act, the Municipal Engineer's Association Class Environmental Assessment for Municipal Water and Wastewater Projects, and the Provincial Policy Statements, is concerned with the development and operation of sewerage systems. Provincial approval is required for any proposed expansions to such systems. 17.2.1. Sanitary Sewerage Service Study

The City has prepared a Sanitary Sewerage Servicing Study for input into the determination of how lands likely to be required for long term urban growth will be serviced. The Sanitary Sewerage Servicing Study projected a 50 year servicing boundary and identified the probable servicing solutions for these areas. The second phase of the Sanitary Sewerage Servicing Study provided a more detailed servicing plan and cost estimates for the identified Urban Growth Area.

ii)

The City will promote gravity based sewerage servicing and minimize the transfer of sewage flows across drainage areas by utilizing the existing and future sewershed and subsewershed drainage areas identified in the Sanitary Sewerage Servicing Study. (Ministry Modification No. 6 to OPA No. 88)

iii)

To provide a consistent basis for future planning of sanitary sewerage servicing, the City will utilize the recommended servicing strategy for each sewershed regardless of growth and development timing.

iv)

The Sanitary Sewerage Servicing Study will be monitored on an on-going basis and updated at appropriate intervals. (Clause iv) amended by OPA No. 298 - approved 05/01/31

17.2.2. Servicing Hierarchy

The City will establish a program to implement recommendations of the Sanitary Sewerage Servicing Study. Identified priority works will be undertaken at the earliest opportunity, including: (a)

Southside Sewage assessment; and

Treatment

Plant

environmental

(b)

optimization studies to accommodate growth and address problems in existing systems.

vi)

The Sanitary Sewerage Servicing Study identifies systems with deficiencies which require flow capacity improvements to service new development. Where it is not practical to implement such improvements under an agreement, the City may establish an area rating charge to recover the growth-related capital costs of these works.

The following hierarchy of sanitary sewerage servicing options will be used to evaluate any development applications in the City. The feasibility of options will be considered in the following priority: (a)

the extension of servicing from one of the centralized municipal Sewage Treatment Plants; including the Adelaide, Greenway, Oxford, Pottersburg, Vauxhall or proposed Southside Sewage Treatment Plant; and collection systems;

(b)

the extension of servicing from the Westminster and Southland Sanitary Sewage Treatment Plants and collection systems;

(c)

the development of a new temporary sanitary sewerage system; and

(d)

an individual on-site wastewater treatment system. For the purposes of this Plan an individual on-site wastewater treatment system means an individual, autonomous sewage disposal system for a new development that is owned, operated and managed by the owner of the property upon which the system is located and which does not serve more than five residential units/lots. (OPA #438 â&#x20AC;&#x201C; July 13, 2011)

ii)

Where it is feasible to provide sanitary sewerage services from a higher priority option, no other option shall be permitted.

iii)

Notwithstanding the above provisions for the consideration of servicing options, the following limitations will apply:

iv)

(a)

The proposed development to be serviced by the temporary sanitary sewerage system represents a logical extension of the urban area, provides for an efficient utilization of land and does not set a precedent for or contribute to a new scattered or "leap-frog" development pattern.

(b)

Temporary systems for the treatment wastewater will not be permitted.

(c)

Residential subdivision development, residential development on more than five associated lots created through severance and multi-family residential development on individual wastewater treatment systems will be discouraged.

industrial

The evaluation of the feasibility of proposed servicing options shall have regard for the following: (a)

the physical or environmental constraints to the provision of higher priority servicing options, in particular the servicing recommended in the Sanitary Sewerage Servicing Study;

(b)

the potential cumulative impacts on ground and surface water resources;

(c)

an analysis of the costs and benefits of the proposed servicing option in comparison to the higher priority servicing options including the costs associated with planning, construction, start-up, operation, maintenance, financing and replacement of the system or its components;

(d)

a financial impact analysis having regard for the City's growth financing strategy; and

(e)

17.2.3. Municipal Sanitary Sewerage Services

17.2.4. Temporary Sanitary Sewerage Systems

an analysis of the implications for the physical and financial viability of the future provision of municipal services to the surrounding area in keeping with the Sanitary Sewerage Servicing Study.

Where a private developer proposes a servicing option other than the extension of servicing from one of the municipal sewage treatment systems, the City shall require the submission of documentation and studies necessary for a complete analysis of the feasibility of the proposed servicing option.

The City will not extend municipal sanitary sewerage services beyond the limits of the Urban Growth Area except for: i)

the provision of services to areas of existing development that are experiencing health hazards related to their private wastewater treatment systems or significant environmental problems; or,

ii)

the provision of services to areas within an adjoining municipality as provided for under an agreement between the City and the benefiting municipality.

In general, the City of London does not support the use of temporary sanitary sewage systems and would like to discourage and restrict their usage in the City. However, it is possible that circumstances may occur in future where it may become a public benefit to consider temporary or interim sanitary sewerage systems. Examples include, but are not limited to, the replacement of existing on-site individual treatment systems which are failing on a widespread basis with new temporary services to address health concerns where the ultimate servicing for the area is not readily available or is not cost effective. These cases shall only be considered on a case-by-case basis subject to full evaluation, based on the following criteria: (OPA #438 â&#x20AC;&#x201C; July 13, 2011)

Where a temporary sanitary sewerage system is proposed by a private developer, the cost related to the feasibility studies, environmental assessment, design, construction and start-up, operation and maintenance and the ultimate removal of the system and the eventual integration of the system with the permanent servicing system when it is extended to the area, will be the responsibility of the developer. The City has ultimate responsibility for the design, construction, ownership and operation of all temporary sanitary sewerage systems. (Ministry Modification No. 7 to OPA No. 88)

ii)

The City may permit temporary sanitary sewerage systems where the proponent can demonstrate, to the City's satisfaction, that: (a)

The proposed development to be serviced by the

temporary sanitary sewerage systems represents a logical extension of the urban area, provides for an efficient utilization of land and does not set a precedent for or contribute to a scattered or "leap-frog" development pattern.

iii)

17.2.5. Interim Sanitary Servicing

(b)

The temporary alternative does not detract from the viability of the servicing anticipated in the City's Sanitary Sewerage Servicing Study.

(c)

The temporary system is designed to maximize its suitability for eventual integration into the municipal sanitary sewerage treatment system.

(d)

The developer will deposit sufficient securities to the satisfaction of the City to cover all the cost of the operation and maintenance of the facility for a period to be determined by the City and to cover all the costs of ultimate removal of the system and the integration of the system with the permanent servicing system, prior to developments being initiated.

(e)

The developer will contribute to the financing of the long term servicing solution through lawful municipal contribution schemes applicable to the development of sanitary sewage systems in the City.

(f)

Where the temporary use of an existing sewerage collection system is proposed by a developer, the existing system being utilized will not be adversely affected over the period of the temporary usage. The City may require the developer to provide improvements to the existing system if necessary.

(g)

The temporary system shall be integrated with the municipal sewerage system at such time as the municipal system becomes available.

The City may prepare guidelines for the development and operation of temporary wastewater treatment systems.

Interim services are defined as works or a phase of a work that provides a level of service or quantity of service that is adequate for the immediate future and that meets all City and Provincial standards, guidelines, objectives and targets, but is not the ultimate facility envisioned to be required in the future. The City may utilize interim servicing works to make efficient use of existing infrastructure or defer the cost of the future infrastructure where: i)

the interim work does not detract from the viability of the servicing anticipated in the Cityâ&#x20AC;&#x2122;s Sanitary Sewage Servicing Study,

Transportation Master Plan, Stormwater Drainage Plan or related Environmental Assessment; and ii)

the interim solution is supported by an acceptable financial impact analysis having regard for the Cityâ&#x20AC;&#x2122;s growth financing strategy.

Individual on-site wastewater treatment systems will continue to provide the primary means of sanitary sewerage treatment in the portions of the City outside of the Urban Growth Area.

ii)

Within the Urban Growth Area, the City may permit individual onsite wastewater treatment systems in the following circumstances:

(OPA #438 â&#x20AC;&#x201C; July 13, 2011)

17.2.6. Individual Wastewater Treatment Systems

(a)

(b)

for commercial and industrial development on lands that were designated for commercial or industrial growth before they were annexed to the City on January 1, 1993, provided that: 1.

The development of individual, on-site services will not detract from the viability of providing municipal services in conformity with the City's long term servicing and financing strategies.

The proposed use is of a "dry" nature. Dry commercial and industrial uses do not involve significant number of employees, do not need significant amounts of water in their operations, and do not produce significant amounts of effluent.

There are no viable options for a connection to a municipal sanitary sewer and municipal services planned for the area will not be available within a reasonable time frame.

The proposed wastewater treatment system can meet all applicable requirements for approval.

The proponent agrees to connect the proposed use to the municipal sanitary sewerage system, at no cost to the municipality, at such time as sewers are extended to the area, and to contribute to the cost of the long term servicing.

Subject to policy 17.2.2 (iii) (b), for the development of a residential dwelling provided that: 1.

municipal servicing is not available approximately 150 metres of the property;

within

there are no other viable options for a connection to a municipal sanitary sewer and municipal services for the area will not be available within a reasonable time frame;

the proposed wastewater treatment system can meet all applicable requirements for approval; and

the owner agrees to connect to a municipal sanitary sewer, if available, at no cost to the municipality, when replacement of the system becomes necessary.

iii)

For any development applications proposing the use of individual on-site wastewater treatment systems, the proponent shall obtain the approval to the use of same from the authority having jurisdiction.

iv)

Development applications proposing the use of individual wastewater treatment systems for effluent in quantities greater than 4,500 litres per day must be supported by a hydrogeological study that demonstrates such system can operate satisfactorily on the site.

The City will consider the use of innovative individual wastewater treatment systems as permitted in accordance with the other policies of this Plan, subject to the approval of the Ministry of the Environment.

(Section 17.2.6. renumbered by OPA 438 Dec. 17/09)

17.2.7. Servicing Requirements

With respect to sanitary sewerage servicing, all new development in the City shall comply with the requirements of the Ministry of the Environment, the Environmental Protection Act, Ontario Water Resources Act and other provincial and municipal requirements as applicable.

Size of Sewers

ii)

Sanitary and storm sewers will be sized according to the ultimate development anticipated by the City in respective drainage areas. In some cases, this will require the installation of sewer lines with capacity in excess of that required for the initial development.

Combined Sewers

iii)

Combined sanitary and storm sewers will not be permitted in any new development area.

Weeping Tile/ Downspout Connections

iv)

Weeping tile or downspout connections to the sanitary sewers will not be permitted in any new development area.

Design of System

The design of sanitary sewers should avoid the need for sewage pumping stations wherever possible.

(Section 17.2.7. renumbered by OPA 438 Dec. 17/09)

17.2.8. Cost of Services

The development industry shall contribute to the cost of trunk sewer and treatment facilities. The cost of local services within a subdivision shall be borne entirely by the developer as part of the subdivision process. (Section 17.2.8. renumbered by OPA 438 Dec. 17/09)

17.2.9. Environmental Protection

Sewage treatment facilities will be provided to accommodate existing and future development contemplated by the City, having due regard for the need to protect and enhance water quality and hydrology.

Additional Treatment Capacity

Where additional treatment capacity is required or anticipated, studies will be undertaken to determine whether the additional capacity is best provided through upgrading or expanding existing facilities, or through the provision of new treatment facilities.

Water Quality

ii)

Should the assimilative capacity of the receiving water body be at, or near, maximum levels, investigations may be undertaken to determine environmentally effective and cost efficient means of maintaining or improving water quality of the receiving waters.

(Section 17.2.9. renumbered by OPA 438 Dec. 17/09)

17.2.10. Development Adjacent to Sewage Treatment Plants

To reduce the potential problems from development occurring in close proximity to sewage treatment plants, Council will prepare and adopt regulations to direct development in areas adjacent to sewage treatment facilities.

Separation Distances

Regulations may consist of minimum separation distances for residential and other sensitive uses from the perimeter of existing or anticipated future treatment facilities. Appropriate separation distances shall be determined in accordance with Provincial Policy.

Preferred Adjacent Land Uses

ii)

Open space or recreational uses and industrial uses that predominantly involve large areas of open storage or similar types of low intensity activity, will be the preferred land uses within minimum separation distances around sewage treatment facilities.

Expansion of Adjacent Land Uses

iii)

The expansion of existing uses within the minimum separation distances which are not compatible with a sewage treatment plant, will be discouraged.

(Section 17.2.10. renumbered by OPA 438 Dec. 17/09)

17.2.11. Older Services and Facilities

The City will continue an ongoing program for the upgrading, maintenance and/or replacement of older sanitary sewerage facilities as required. Where practical, existing combined sanitary and storm sewers shall be separated as a part of an redevelopment or upgrading of sanitary facilities. (Section 17.2.11. renumbered by OPA 438 Dec. 17/09)

17.2.12. Sewer Use ByLaw 17.2.13.

Sanitary sewerage from non-residential sources may be regulated by the City through a Sewer Use By-law. (Section 17.2 replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 17.2.12. renumbered by OPA 438 Dec. 17/09)

Partial services are defined to include areas that area served by

municipal sewage services and individual on-site water services; or, municipal water services and individual on-site sewage services.

Partial Services

ii)

Partial services shall only be permitted where they are necessary to address failed individual on-site sewage and individual on-site water services in existing developments where no other alternatives exist and where site conditions are suitable for the long-term provision of such services. (OPA #438 â&#x20AC;&#x201C; July 13, 2011)

17.3.

LIQUID WASTE MANAGEMENT In addition to sewage, other liquid wastes are generated, transported, processed, or disposed of by private industries and businesses. Such wastes may include toxic or hazardous industrial substances, household wastes such as paints and chemicals, and other liquid materials. (Section 17.3 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

17.3.1. Other Liquid Wastes

The location and operation of liquid industrial waste transfer stations, storage areas or processing plants shall:

Location

be permitted only on lands which are designated General Industrial and which are separated from residential areas;

Zoning

ii)

require an amendment to the Zoning By-law;

Ministerial Approval

iii)

require the approval of the Ministry of the Environment, including certification under the appropriate section of the Environmental Protection Act; and

Compatibility

iv)

be planned, designed, operated and maintained in such a way as to promote compatibility with adjacent existing and future land uses, and to minimize adverse impacts on the natural environment and surrounding area.

17.3.2. Waste Discharge

All liquid waste discharges from industries shall comply with the City's Waste Management By-law WM-2 and all provincial regulations as applicable. (Subsection 17.3.2 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

17.4.

OPERATING AND CLOSED LANDFILL SITES At present, the only active landfill site for the City of London is Site W12A located on Manning Drive. It is currently expected that this site will reach capacity by about the year 2025. Within the City are several closed landfill sites and other sites which, although possibly not landfill sites, have been identified as sites which could or do produce gases similar to landfill areas. Their status and locations are identified and recorded on maps by the City's Environmental Services Department. Development around such areas requires careful consideration. Factors which must be considered near landfill sites include problems associated with methane gas,

leachate, surface run-off, ground settlement, visual impact, and soil contamination. The policies of this Section are intended to minimize such potential problems. (Section 17.4 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 17.4 amended by OPA No. 298 - approved 05/01/31)

17.4.1. Existing Landfill Sites

Council, subject to the requirement of the Environmental Protection Act, will consider potential uses for the City's existing sanitary landfill site after it has reached its capacity. (Subsection 17.4.1 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

17.4.2. Future Sites

Prior to the existing landfill site reaching capacity, Council may undertake studies to assess the social, economic, and environmental impact of alternative potential sites in accordance with the requirements of the Ministry of the Environment, the Environmental Assessment Act, and the Environmental Protection Act.

Designation

Any future landfill sites located within the Urban Growth Boundary of the city will be designated General Industrial. Any future or expanded landfill sites located within the Agricultural area of the City shall be consistent with section 9.2.15 of the Plan. (OPA #462)

Ministerial Approval

ii)

Any future landfill sites located within the City will require the approval of the Ministry of the Environment under the Environmental Assessment Act and the Environmental Protection Act. (Clause ii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

17.4.3. Development in the Vicinity of Landfill Sites

Notwithstanding the land uses designated on Schedule "A" of this Plan and any associated policies, future development will not be permitted on or in the vicinity of operating landfill sites, closed landfill sites and other sites which produce gases similar to those found in landfill areas, unless it is determined that the development satisfies the provisions of the Environmental Protection Act, and the development complies with any other provincial and municipal guidelines, as applicable. (Subsection 17.4.3 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Guideline Document

Operating landfill sites, closed landfill sites and other sites which produce gases, leachate, dust, odour or noise impacts similar to those found in landfill areas will be mapped and identified in a guideline document, as provided for in Section 19.2.2. of the Plan. This guideline document will be developed in consultation with the Province, affected agencies, and the public, and will include: (a)

the location of all known waste disposal sites together with their potential influence areas;

(b)

minimum separation distances and buffering measures which may be required between a landfill area and future development;

(c)

criteria which may be satisfied in order to allow for a

reduction in separation distances; (d)

the content of studies required to indicate how a site is secure, or can be made secure from contamination by hazardous levels of leachate, methane, and/or other soil gases;

(e)

guidelines for monitoring and/or remediating leachate seepage, methane gas and other emissions on an ongoing basis;

(f)

the role of the City, the Province, and other affected agencies in reviewing applications which may be affected by hazardous levels of leachate, methane and/or other soil gases; and

(g)

other relevant information, as applicable. (Clause i) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Consultation with Ministry of the Environment

ii)

Development proposals will be circulated to the Ministry of the Environment, and any other applicable agency, to ensure that development proposed in the vicinity of operating and closed landfill sites, and other sites which produce gases, leachate, dust, odour or noise impacts similar to those found in landfill areas, will comply with the provisions of the Environmental Protection Act and provincial guidelines for land use around closed and operating landfill sites. (Clause ii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Zoning of Adjacent Areas

iii)

The City's Zoning By-law may place a holding provision or restrictive zoning on areas which have been identified as being impacted by landfill sites and other sites which produce gases, leachate, dust, odour or noise impacts similar to those found in landfill areas. The holding provision will be removed when the landowner has satisfied the City and the Ministry of the Environment that an adequate separation distance and/or control measures have been included in the development. (Clause iii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

17.5.

OTHER WASTE FACILITIES (Title amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

In addition to the disposal of solid wastes in landfill sites, some wastes may also be processed for treatment, recycling or resource recovery. 17.5.1. Alternative Waste Treatments

Council will encourage cost-effective alternative methods of disposing of, or utilizing, solid waste, including recycling, reduction, recovery, and reuse. In addition to the municipal waste management and resource recovery facility, Council will support the adequate provision of lands for solid waste recycling and resource recovery within the industrial land use designation.

(Subsection amended by OPA 296 on June 22, 2004) (deleted and replaced by OPA #462)

17.5.2. Industrial Treatment Facilities

Solid waste treatment and processing facilities serving a plant on the same site are permitted in the General Industrial designation, subject to receipt of a Certificate of Approval issued by the Ministry of the Environment.

17.5.3. Other Waste Management Facilities

The location of waste transfer stations or storage areas, and facilities for storing hazardous waste will: (Subsection 17.5.3 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Subsection further amended by OPA 296 approved 04/06/22)

Location

Be permitted only on lands designated General Industrial and lands within the Waste Management and Resource Recovery Area. (OPA #462)

Zoning

ii)

require an amendment to the Zoning By-law;

Ministerial Approval

iii)

require the approval of the Ministry of the Environment, including certification under the Environmental Protection Act; and

Compatibility

iv)

be planned, designed, operated, and maintained in such a way as to promote compatibility with adjacent, existing and future land uses, and to minimize any adverse impacts on the natural environment and surrounding area.

17.5.4. Composting and Recycling

The location of composting facilities and recycling facilities will require an amendment to the Zoning By-law. If the proposed operation requires a Certificate of Approval from the Ministry of the Environment, such Certificate shall be applied for concurrent with the application for Zoning By-law Amendment such that the public process and Council consideration will have the opportunity of providing input into the conditions of the Certificate of Approval. Final reading of the Zoning Bylaw Amendment will be withheld or a holding provision may be applied to required the Certificate of Approval process as a pre-condition. Such facilities must be planned, designed, operated and maintained in such a way as to promote compatibility with adjacent, existing and future land uses, and to minimize any adverse impacts on the natural environment. (Subsection 17.5.4. added by OPA 296 on 04/06/22)

17.5.5. Hazardous Waste

The City shall review all development proposals which may potentially generate or store hazardous waste to ensure that the location and operation of such developments will not adversely affect the health and safety of the public and the natural environment. The proponent shall be responsible for obtaining all necessary approvals from the appropriate authorities. (Subsection 17.5.4 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Subsection 17.5.5. changed from Subsection 17.5.4. by OPA 296 on 04/06/22)

17.6.

STORMWATER MANAGEMENT

Effective control of stormwater run-off is required to adequately protect property from flooding damage and to protect the environment. The proper conveyance of stormwater flows and reduction of peak stormwater flows through various measures provides considerable protection against such occurrences, and can reduce capital costs for trunk storm sewers and other flood control structures. Effective storm drainage and stormwater management should provide protection against surface flooding, basement flooding and erosion; sediment control during construction; and should provide for appropriately designed street systems and receiving watercourses capable of handling projected stormwater flows. Stormwater control requires the construction of works and facilities by both the Municipality and developers, and concerted efforts should be made to minimize the capital, operating, and maintenance expenditures required for such facilities. Successful and cost-effective management of stormwater can be best achieved through a co-ordinated approach to, and use of, different water control techniques. The Subwatershed Planning Studies have addressed water resources management that includes storm drainage and stormwater management from an ecosystem perspective for ten subwatersheds and three sections of the Thames River valley in the City. They have identified storm drainage and stormwater management issues, development criteria and stormwater targets which should be addressed on a subcatchment or tributary basis. To address storm drainage and stormwater management issues in more detail, the City will require the preparation of Storm Drainage and Stormwater Management Plans. Storm Drainage and Stormwater Management Plans will be prepared on a subcatchment, tributary or drainage area basis in accordance with the requirements of the City, and will detail measures which can and should be undertaken, in conjunction with development, to provide erosion control while protecting baseflows and water quality. The Plans provide a comprehensive and co-ordinated strategy to determine appropriate storm drainage and stormwater management measures, and at the same time, provide opportunities for protecting and enhancing the Natural Heritage System, and for open space planning as a part of the stormwater management process. (Section 17.6 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Sec. 17.6. amended by OPA 438 Dec. 17/09)

17.6.1. General Provisions

The City will require conveyance of stormwater flows and stormwater quality, quantity/flood protection and erosion control management for all proposed developments in accordance with Provincial policies and guidelines, the Cityâ&#x20AC;&#x2122;s Subwatershed Studies, the Cityâ&#x20AC;&#x2122;s Design Standards and Requirements, and in accordance with the policies of this Plan.

ii)

The City shall encourage minimizing the number of stormwater management facilities. Where feasible, the City will encourage the use of regional stormwater management facilities.

iii)

Stormwater management facilities may be permitted within or

adjacent to the Natural Heritage System subject to the policies in Section 15.3.3. of this Plan. (Clause iii) amended by OPA 438 Dec. 17/09)

iv)

Best Management Practices may be permitted in floodplain areas where it can be demonstrated, through an Environmental and/or Environmental Impact Study approved by the City, that any negative impacts on natural features and ecological functions will be avoided, or mitigated and any hazard constraints will be addressed to the satisfaction of the City. Such Best Management Practices will also be subject to the approval of the appropriate agencies. (Subsection 17.6.1. added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause iv) amended by OPA 438 Dec. 17/09)

17.6.2. Stormwater Management Plans

It is the intent of Council to require effective storm drainage and stormwater management systems to control flooding, erosion, contaminant and sediment discharges into water courses from development, and to enhance the water quality and the environmental, aesthetic and recreational potential of the City's watercourses. (Subsection 17.6.2 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 17.6.2. amended by OPA 438 Dec. 17/09)

Area Studies

Secondary Plans shall include the preparation of a Storm Drainage and Stormwater Management Plan in accordance with the Cityâ&#x20AC;&#x2122;s General Storm Drainage and Stormwater Management Master Plan, addressing storm drainage and stormwater management issues, best management practices and the applicable Subwatershed Planning Study and including, but not limited to: (Clause I) replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause i) amended by OPA 438 Dec. 17/09)

(a)

provisions to prevent loss of life and reduce property damage;

(b)

provisions to mitigate the impact of proposed development on the environment and on existing overland stormwater flows;

(c)

provisions to control erosion, sedimentation, and pollution likely to result from development projects;

(d)

provisions to reduce on-site and downstream surface ponding and flooding;

(e)

provisions to protect and enhance water quality and baseflow in receiving watercourses; (Subclause (e) replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

(f)

provisions to protect groundwater recharge/discharge areas; (Subclause (f) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

(g)

provisions to reduce the total cost of a stormwater drainage system and its related works;

(h)

provisions to consider the integration of stormwater retention, detention or other management facilities into public park and open space areas, provided the overall function of the park or open space area is protected; and

(i)

any other criteria or guidelines which, in the opinion of Council, may be required to regulate development in order to achieve effective stormwater management in the subcatchment or tributary. (Subclause (i) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

ii)

Storm Drainage and Stormwater Management Plans shall be prepared on the basis of tributary areas identified in the Subwatershed Planning Studies or as determined by the City in consultation with the appropriate agencies. (Clause ii) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause ii) amended by OPA 438 Dec. 17/09)

Subdivision Applications

iii)

Applicants for approval of draft plans of subdivision within areas for which an Area Study and Municipal Class Environmental Assessment Study has been prepared, shall demonstrate how the proposed development would address storm drainage and stormwater management servicing, in accordance with the Storm Drainage Stormwater Management Plan. (Clause iii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause iii) amended by OPA 438 Dec. 17/09)

Zoning, Building Permit and Site Plan Applications

iv)

Applicants for zoning, building permit and/or site plan approval within areas for which an Secondary Plan and a Municipal Class Environmental Assessment Study has been prepared, may be required to prepare and submit a Storm Drainage and Stormwater Management Plan which demonstrates how the proposed development would provide for the management of storm drainage conveyance and stormwater in accordance with the Storm Drainage and Stormwater Management Plan. (Clause iv) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause iv) amended by OPA 438 Dec. 17/09)

Area Rating Surcharge

For areas where the City has determined that it is not practical to initially implement stormwater management measures due to constraints such as small lot sizes, small-scale developments, site conditions or fragmented land ownership, the City may undertake the development of stormwater management plans and/or facilitate establishment of an area rating charge to recover the costs of such works. (Clause v) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Temporary Stormwater Management

vi)

In general, the City of London does not support the use of temporary stormwater management facilities and/or systems. However, future circumstances may demonstrate that a temporary

Facilities

stormwater facility or system will provide a public benefit. Examples include, but are not limited to, the creation of a new facility while an existing facility is being emptied, decontaminated or regraded due to service issues; or, to address health concerns. Ultimately, the permanent facility may be brought back into service. These cases shall only be considered on a case-by-case basis subject to a full evaluation of the proposed system, as identified under Section 17.6.2. (Clause vi) added by OPA 438 Dec. 17/09)

17.6.3. Storm Drainage and Stormwater Management Report

For areas where no Storm Drainage and Stormwater Management Plan has been prepared but where the City has determined that storm drainage and stormwater management measures may be required, an applicant for a plan of subdivision or site plan approval, may be required to submit a Storm Drainage and Stormwater Management Report containing any or all of the following information in support of such application: (Subsection 17.6.3 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 17.6.3. amended by OPA 438 Dec. 17/09)

Subwatershed Planning Studies

an assessment of how the proposed development will address water resource management issues including, but not limited to storm drainage and stormwater management water balance, best management practices, development criteria and stormwater targets identified in the applicable Subwatershed Planning Study; (Clause i) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause i) amended by OPA 438 Dec. 17/09)

Storm Drainage

ii)

a scheme for the provision of stormwater drainage facilities to accommodate the proposed development;

Erosion Control

iii)

a plan for the control of erosion to minimize the impact of the proposed development on any watercourse; (Clause iii) amended by OPA 438 Dec. 17/09)

Erosion Sediment Control

iv)

an Erosion/Sediment Control Plan for the control of erosion and sedimentation during construction activities to minimize the impact of any proposed development on any watercourse; (Clause iv) added by OPA 438 Dec. 17/09)

Water Pollution

the applicant's proposals for complying with Provincial and Federal water quality objectives and fishery requirements and mitigating any water pollution likely to result from the proposed development; and (Clause v) renumbered and amended by OPA 438 Dec. 17/09)

Grading

vi)

a grading plan for the proposed development. (Clause vi) renumbered by OPA 438 Dec. 17/09)

17.6.4. Stormwater Management Technical Guidelines

The City may adopt technical guidelines to assist in the development of stormwater management plans or reports and the design of effective stormwater control measures. Such guideline documents may include, among other things:

Stormwater Runoff Methods

methods and standards for designing, accommodating and controlling stormwater runoff through the minor drainage systems, consisting of building drainage, street gutters and storm sewers, and major drainage systems, consisting of streams and valleys, drainage channels, streets, and man-made ponds; (Clause i) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Site Plans

ii)

information and details to be shown on site plans, including land uses and layouts, elevations and grades, system and facilities design, and overland flow routes;

Anticipated Flow

iii)

tables to be used to illustrate anticipated water flows, pollutant levels, hydrographs and discharge rates for stormwater management facilities; and (Clause iii) amended by OPA 438 Dec. 17/09)

Low Impact Development

iv)

methods to reduce volumes of stormwater such as low impact development. (Clause iv) added by OPA 438 Dec. 17/09)

17.6.5. Stormwater Facility Design Standards

The Site Plan Control By-law may contain standards and requirements for the provision of stormwater management measures and facilities as part of the site plan approval process.

17.6.6. Control of Erosion and Sedimentation

Council has adopted erosion and sediment control requirements to minimize the sediment discharge during the various construction phases of new development, and to prevent or minimize the deposition of sediment in adjacent or downstream watercourses and/or drainage networks. These requirements have been designed to: (Sec. 17.6.6. amended by OPA 438 Dec. 17/09)

Surface Protection

control erosion by protecting exposed surfaces through the use of such measures as seeding, mulching, sodding, rip-rap, aggregate cover, nets and matting, and other means; and

Sedimentation

ii)

control runoff discharge in order to minimize sedimentation through the use of vegetative buffer strips, filters, dams and sediment traps.

17.7.

WATER SERVICES (Section 17.7 replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

The City is responsible for distribution of water services through much of the City; however, many rural residents are serviced by private wells. In urban areas of the City, water servicing is available through the municipal water distribution grid. Supply of water to the City is under the jurisdiction of the Joint Lake Huron and Joint Elgin Area Water Boards. The City of London is the administering municipality for each of these Joint Boards. The Joint Boards will, at five year intervals, review water supply needs and available supply in order to assess long term needs. (Section 17.7 amended by OPA No. 298 - approved 05/01/31)

17.7.1. Water

The City has prepared a Distribution Master Plan which outlines the system requirements to service long term urban growth. The City will

Distribution System/ Waterworks for Growth Update

implement the recommended strategies in the Waterworks for Growth Master Plan to service the identified Urban Growth Area. The City will monitor on an on-going basis the Water Distribution Study and update it at appropriate intervals. The City will consider amendments to this Plan as required to establish appropriate policies resulting from updates to the Water Distribution Studies. (Section 17.7.1 amended by OPA No. 298 - approved 05/01/31)

17.7.2. Water Servicing

All the development within the Urban Growth Area shall be serviced by the City of London water supply system for its potable water supply and fire protection.

Private Wells

ii)

Prior to approving development applications serviced by private wells, the City may require the proponent to demonstrate that the site can provide a natural supply of water which meets or exceeds the Ontario Drinking Water Standards to the satisfaction of the Middlesex-London Medical Officer of Health without affecting the quality and quantity of water in active wells operating in the general vicinity. (Clause ii) amended by OPA No. 298 - approved 05/01/31)

Emergency Municipal Wells

iii)

The City of London maintains a small number of stand-by municipal water wells for use during times of emergency. Emergency municipal well locations are identified on Schedule â&#x20AC;&#x153;B2â&#x20AC;?. Water quantity and quality will be protected by restricting or prohibiting high risk land use and development activity, within the wellhead protection area of emergency municipal wells. (Clause iii) added by OPA 438 Dec. 17/09)

17.7.3. Well-Head Protection

Where a draft plan of subdivision, consent and/or Zoning By-law amendment is proposed in the vicinity of an existing well the application will be required to demonstrate, to the satisfaction of the City, that the proposed development will not have a negative impact on groundwater quantity and quality. It is the responsibility of the application to identify the location of wells in the vicinity of a development site. (Clause i) added by OPA 438 Dec. 17/09)

Abandoned Wells

ii)

As a condition of development approval, the applicant will be required to decommission and permanently cap any abandoned wells, in accordance with current Provincial legislation, regulations and standards. It is the responsibility of the applicant to determine if any abandoned wells exist within a development site. (Clause ii) added by OPA 438 Dec. 17/09)

17.7.4. Servicing Requirements

With respect to water servicing, all new development in the City shall comply with the requirements of the Ministry of Environment, the Environmental Protection Act and other provincial and municipal requirements, as applicable. (Section 17.7.3 amended by OPA No. 298 - OMB Order No. 0177 - approved 05/01/31) (Section17.7.4. renumbered by OPA 438 Dec. 17/09)

17.7.5. Large Water

Industries requiring large volumes of water will be encouraged to:

Users

(Section 17.7.5. renumbered by OPA 438 Dec. 17/09)

Location

locate in areas of the City where there is sufficient capacity in the water distribution network to accommodate such uses; and

Water Efficiency

ii)

use water efficiency procedures to reduce the demand for water, and lower the volume of waste water discharges flowing to sewage treatment facilities.

17.7.6. Extension of Water Services

The City will not extend water services beyond the limits of the Urban Growth Area except for: i)

the provision of services to areas of existing development that are experiencing health hazards related to their private water systems or significant environmental problems; or,

ii)

the provision of services to an area in an adjoining municipality as previously approved by the appropriate Joint Water Supply Board and provided for under an agreement between the City and the benefiting municipality.

(Section 17.7 replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Section 17.7.5 amended by OPA No. 298 - OMB Order No. 0177 - approved 05/01/31) (Section 17.7.6. renumbered and amended by OPA 438 Dec. 17/09)

17.7.7. Temporary Water Servicing

Where a temporary water servicing system is proposed by a private developer, such as a booster station or a pumping station, the cost related to the feasibility studies, environmental assessment, design, construction and start-up, operation and maintenance, removal and decommissioning, and integration of the system with the permanent servicing solution will be the responsibility of the developer. The City has ultimate responsibility for the design, construction, ownership and operation of all temporary water servicing systems. The standards to which temporary facilities are to be constructed must meet the requirements of and be approved by the City of London. (Section 17.7.6 added by OPA No. 298 - OMB Order No. 0177 - approved 05/01/31) (Section 17.7.7. renumbered by OPA 438 Dec. 17/09)

17.8.

ELECTRICAL SERVICES (Section 17.8 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

The London Hydro-Electric Commission is responsible for the supply and distribution of electrical services to many areas of the City; however, large portions of the City are serviced by Hydro One. (Section 17.8 amended by OPA No. 298 - OMB Order No. 0177 - approved 05/01/31)

17.8.1. Liaison

Council will cooperate in the planning, construction and operation of networks for the adequate supply and distribution of electrical services for the City. Such services shall be provided in an appropriately timed and cost-effective manner. (Section 17.8 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

17.9.

OTHER UTILITIES

Other energy and communication utilities and services are provided by private companies such as the gas, telephone and cable television companies, or government agencies such as Hydro One. Although these services are not the responsibility of the City, the manner and locations in which they are provided may have certain impacts on the surrounding areas. Local utilities are, for the most part, installed at the time development takes place. Effective co-ordination can minimize disruption to established uses and activity patterns, and can increase the efficiency of the construction program. Regional and provincial utility lines within major corridors occupy significant amounts of land in both developed and undeveloped areas, and consequently affect land use planning. The following policies are intended to assist in the provision of utility services in a manner which promotes the efficient use of land and provides for a high level of service to the community. (Section 17.9 amended by OPA No. 298 - OMB Order No. 0177 - approved 05/01/31)

17.9.1. Availability

Council will endeavour, through discussions with public and private utility agencies, to ensure that utility services are available to all developments at the time required. Wherever possible, services and utilities will be located to ensure the integration of utilities in future subdivision designs.

17.9.2. Underground Services and Utilities

Council will encourage the appropriate public or private agencies to place electric power lines, telephone lines, multi-use cables and other such utility services, underground, in accordance with the following guidelines:

Areas of New Development

in areas where new development occurs, underground utilities shall be installed, where feasible, in cooperation with the developer and prior to the actual construction of buildings;

Areas of Redevelopment

ii)

in areas of redevelopment, underground services shall be installed when, and if, it is reasonable and economical, in cooperation with the developer; and

Overhead Replacement

iii)

overhead utility services may be replaced by underground facilities at such time as major street improvements are undertaken and if it is reasonable and economical. (Clause iii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

17.9.3. Integration of Utilities

Council will participate with other agencies in the planning of future transmission routes, easements, and utility services, and their integration with the established and/or anticipated pattern of development.

17.9.4. Multiple Use of Corridors

Council will encourage the multiple use of major electric transmission and other utility corridors wherever appropriate. This may include open space and certain recreational uses in residential areas, and parking lots, outdoor storage areas and other similar uses in other areas.

17.9.5. Impact of

The construction of major electric power lines, gas or oil pipelines, and other utility lines or services, should be located so as to minimize their

Utilities

impact on people, adjacent land uses, and the environment.

17.9.6. Hydro One

All existing electric power facilities and the development of any undertakings of Hydro One, but not including buildings or land used for executive, administrative or retail purposes, or held under lease or licence from Hydro One, are permitted in all land use designations without amendment to this Plan. However, prior to carrying out or authorizing an undertaking that will directly affect the Municipality, Hydro One shall consult with the Municipality and have regard for the policies of this Plan. (Sub-Section 17.9.6. amended by OPA No. 298 - OMB Order No. 0177 - approved 05/01/31)

TABLE 18.1 - FUNCTIONAL CLASSIFICATION OF ROADS

Classification

Road Operating Accommodation Accommodation Allowances No. of Speed Access and of Pedestrians of Cyclists Intersection (m) Lanes (kph) Parking Policy Policy High volume 90 4+ 100 o No direct access o Prohibited o Prohibited o Gradeinter-urban o No stopping/ separated and long parking interchanges distance with o No licensed and movements freeways, motorized at high expressways vehicle speeds or arterial restriction under free roads. flow conditions. 60-90 2+ 60-100 o Controlled o Prohibited o Prohibited o GradeHigh volume access separated inter-urban o No interchanges and long stopping/parking with distance freeways, o No licensed and movements other motorized at medium expressways vehicle to high or arterial restrictions speeds. roads. Access is o At-grade limited to intersections intersection with arterial s with roads at arterials. widely spaced intervals.

Function o

Freeway

Expressway o

Arterial o

High volumes of intra-urban traffic at moderate speeds. Moderate volumes of interneighbourh ood traffic.

26-60

50-80

o o o

Controlled or o limited access Restricted or no parking No vehicle restrictions

Sidewalks on o one or both sides

May have a wider curb lane or a bicycle lane.

Gradeseparated interchanges with freeways, expressways, and arterials. At-grade intersections with arterials and

o o o o

Primary Collector

o o o o

Secondary Collector

o o o o

Limited property access. Bus routes. Bicycle facilities. Pedestrian facilities. Light to moderate volumes of interneighbourh ood traffic at moderate speeds. Limited property access function. Bus routes. Bicycle facilities. Pedestrian facilities. < 15,000 AADT Light volumes for short distances between local and arterial streets. Full property access. Bus routes. Bicycle facilities. Pedestrian facilities.

collectors.

20-26

2-4

50-60

o o o

18-21.5

50-60

o o o

Limited access Restricted Parking Limited truck routes

Sidewalks on o one or both sides

May have a wider curb lane or a bicycle lane.

At-grade intersections with arterial, collector and local roads.

Full access. o Parking may be restricted. No truck routes.

Sidewalks on O one or both sides

May have a wider curb lane or a bicycle lane.

At-grade intersections with arterial, collector and local roads.

< 5,000 AADT

To provide access to individual properties. Connect neighbourh ood destinations . Light volumes of local traffic only. Limited Bus routes. Bicycle facilities. Pedestrian facilities. < 1,500 AADT

16.5-20

To provide single loaded access to individual properties. Connect neighbourh ood destinations . Light volumes of local traffic

14.5-16.5

o Local o o o o

Window Street

40-50

o o

40-50

o o

Full access. o • Parking may be restricted to one side for lots under 11 metres in lot frontage. No truck routes Driveways – two sides.

Sidewalks on o one or both sides

Full access. o Parking limited to outer boulevard. No truck routes. Driveways – one side.

Sidewalks on o one side if required

May have a wider curb lane or a bicycle lane.

At-grade intersections with secondary collector roads Intersections with arterial and primary collector roads to be discouraged.

o o

only. Bicycle facilities. Pedestrian facilities.

18.

TRANSPORTATION INTRODUCTION The Transportation policies deal with the various elements of the transportation system in the City of London and the modes of travel that they support. The transportation system provides a major part of the framework for urban growth and development and influences the function and compatibility of land uses and the quality of life in the City. The policies contained in the Plan will guide future public investment in the development of transportation facilities and will inform the public of Council's intentions in this regard. A Progressive Transportation System is identified as a strategic priority in the 2007 â&#x20AC;&#x201C; 2010 Council Strategic Plan. Since transportation planning is an ongoing process, it is anticipated that the City's Transportation Plan will be updated and the policies contained in this Chapter of the Plan may be refined or revised at various times during the planning period and that the horizon year for the Transportation Plan will be advanced accordingly. (Introduction amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Introduction amended by OPA 438 Dec. 17/09)

18.1.

TRANSPORTATION OBJECTIVES The development of the transportation system in the City of London shall be directed toward the following objectives: i)

Meet the immediate and long-term requirements of all sectors of the community related to the safe and efficient movement of people and goods within and through the City.

ii)

Provide for appropriate linkages among local, regional and provincial transportation systems.

iii)

Provide for a balanced and sustainable transportation system that integrates all modes of travel minimizes the conflicts among these modes and provides opportunities to minimize reliance on the automobile. (Clause iii) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause iii) amended by OPA 438 Dec. 17/09)

iv)

Provide a plan for the development of a transportation system that will be responsive to development and economic trends that influence transportation patterns.

Provide a public transit system that offers an effective and less costly alternative to travel by automobile and achieves a realistic share of the travel demand in the overall transportation system. (Clause v) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

vi)

Minimize the adverse effects of the transportation system on

natural environments and communities, especially in established residential neighbourhoods. (Clause vi) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

vii)

Conserve energy and reduce transportation costs by such means as increasing the efficiency of traffic movements and promoting public transit use and alternative modes of transportation. (Clause vii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

viii)

Promote land use planning and development that is conducive to the efficient operation and increased use of the public transit system and alternative modes of transportation. (Clause viii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

ix)

Provide for motor vehicle and bicycle parking facilities that are appropriately located, adequate for the uses that they support, and compatible with adjacent land uses. (Clause ix) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Provide a high level of accessibility to the Downtown, major institutions, industrial areas, major shopping areas and other areas where there is a significant concentration of employment. (Clause x) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

xi)

Encourage accessibility to, and the convenience of all modes of, the transportation system for persons with disabilities. (Clause xi) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause xi) amended by OPA 438 Dec. 17/09)

xii)

Support the planning and development of bicycle routes and pedestrian paths that provide linkages among open space areas, major activity centres, employment nodes and the public transit system and that enhance the convenience, safety and enjoyment of these modes of travel. (Clause xii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

xiii)

Develop a transportation network that is conducive to the provision of emergency services to all areas of the City.

xiv)

Support the provision of safe and effective pedestrian movement within the City for all populations. (Clause xiv) amended by OPA 438 Dec. 17/09)

xv)

Encourage, as an overall system performance objective, a 15% reduction in peak hour auto use by striving to achieve the following mode split targets:

Walking Bicycling Public Transit

1987 (Actual) 10.5% 1.5% 9.5%

2002 (Actual) 6.9% 0.5% 6.9%

Target 2024 9% 2% 10%

Automobile Other

78.5% --%

83.6% 2.2%

77% 2%

(Clause xiv) amended by OPA NO. 88 - OMB Order No. 2314 -approved 99/12/23) (Clause xiv) amended by OPA 438 Dec. 17/09)

xvi)

Optimize the capacity, operational capabilities and Level of Service of the existing transportation system as the basis for future transportation planning;

xvii)

Pursue measures and actions required to change trip-making characteristics and reduce travel demands in order to optimize use of the existing transportation system;

xviii)

Select achievable plans for prioritized expansion, enhancement and improvement of the existing transportation system, with emphasis on roadway capacity and continuity, improved transit services and Transportation Demand Management (TDM) targets, and

xix)

Provide a fiscally responsible plan that responds to the financial abilities of the City of London to invest in transportation system improvement and operation over the next twenty years.

(Clauses xvi), xvii), xviii) and xix) added by OPA 438 Dec. 17/09)

18.2.

TRANSPORTATION PLANNING

18.2.1. Scope of Transportation Planning

It is intended that the transportation planning process in the City of London shall be innovative, cost-effective and responsive to changing transportation needs. The City shall prepare a Transportation Master Plan to provide a strategic framework for existing and future transportation needs. Elements of the transportation planning process will include: (Section 18.2.1. amended by OPA 438 Dec. 17/09)

Short term

short-term needs analysis and operational planning;

Traffic

ii)

monitoring of traffic volumes and travel characteristics;

Transit and Transportation

iii)

the analysis of traffic and public transit impacts associated with major development proposals and the input of transportation planning concerns in the evaluation and mitigation of these proposals; (Clause iii) amended by OPA 438 Dec. 17/09)

Long-term Alternatives

iv)

consideration of the projected demand and the potential costs and benefits of alternative measures for the long-term expansion and upgrading of the transportation system; (Deferral #14 Under Section 17(10) of the Planning Act)

Costs of Improvements

the preparation of schedules, priorities and cost estimates for transportation improvements which are suitable for the development of priorities in the City's Capital Works Budget; (Clause v) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Road Requirements

vi)

consideration of the requirements contained in the Municipal Engineer's Association Class Environmental Assessment for Roads, where appropriate; and

Land Use Requirements

vii)

consideration of transit-supportive land use planning principles and urban design principles which support the different modes of transportation which make up the transportation system. (Clause vii) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Level-of-Service (LOS) Standard

viii)

The City of London shall establish a target of LOS “D” conditions on all arterial and collector roadways in the PM Peak Hour. Once this LOS is measured or forecast to exceed LOS D, plans and actions will be taken to regain the minimum LOS “D” planning standard. Specific areas of the City may not be required to meet this target based upon other policies of this plan.

Shift Alternative

ix)

The use of innovative and strategic transportation alternatives to encourage behavioural change on the part of the travelling public shall be encouraged (Transportation Demand Management).”

Arterial Capacity Optimization

Capacity optimization as an essential element of transportation planning shall be encouraged. The Access Management Guidelines are to be followed in the review of all site plan and development permit applications. A review of all roadway and intersection design projects, signal timing changes, and Environmental Assessments, to ensure that the capacity of the arterial and collector roadway network is optimized and preserved to the fullest extent possible before major capacity enhancements are required.

Grade Separation

xi)

The design of any new or upgraded separations identified on Schedule “C” shall ensure that, where appropriate, transit movements and pedestrian movements are not hindered by the grade separation, and appropriate measures shall be provided to ensure pedestrian safety from vehicular traffic. Development adjacent to Provincial Highways 401, 402 and 4 (South of Highway 401) shall be subject to MTO requirements and permits pursuant to the Public Transportation and Highway Improvement Act, including, but not limited to, matters such as access management, the completion of traffic impact studies, stormwater management reports and any other technical studies MTO may require. (Clauses viii) ix) x) and xi) added by OPA 438 Dec. 17/09) (Clause xi) modified by Ministry Mod. #61 Dec. 17/09)

18.2.2. Transportation Network Corridors

Streets must serve a number of functions such as providing transportation corridors for all kinds of users and vehicles and providing a right-of-way for underground utilities. Healthy communities will offer a broader range of mobility choices by continuing to work well for vehicles while making bicycling, walking and public transit viable options for many daily trips including the trip to work.

The network of public roads in the City of London shall be classified, upgraded and expanded upon in accordance with Schedule "C" Transportation Corridors, and the policies contained in this Chapter of the Official Plan. Schedule C identifies the classification of existing roads as solid lines and the classification of proposed roads as dotted lines. It is anticipated that these road corridors will be required to meet the transportation needs associated with growth over the planning period. (Introduction deleted and replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Classification of Roads by Function

The road system shall be based on a functional classification of roads described as follows: (a)

Freeway - serves high volumes of inter-urban and long distance traffic movements at high speeds with no direct access. Development adjacent to Provincial Highways 401, 402 and 4 (South of Highway 401) shall be subject to MTO requirements and permits pursuant to the Public Transportation and Highway Improvement Act, including, but not limited to, matters such as access management, the completion of traffic impact studies, stormwater management reports and any other technical studies MTO may require. (Subclause (a) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (SubClause (a) amended by Ministry Mod. #62 Dec. 17/09)

(b)

Expressway - serves high volumes of inter-urban traffic movements at medium to high speeds and access is limited to intersections with arterial roads; (Subclause (b) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Subclause (b) amended by OPA 438 Dec. 17/09)

(c)

Arterial - serves high volumes of intra-urban traffic at moderate speeds, and has controlled or limited property access;

(Subclause (c) amended by OPA 438 Dec. 17/09)

(d)

Primary Collector - serves light to moderate volumes of inter-neighbourhood traffic at moderate speeds and has limited property access; (Subclause (d) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

(e)

Secondary Collector - serves light volumes of traffic for short distances between local and arterial streets, and provides access to individual properties; (Subclause (e) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

(f)

Local - provides access to individual properties and connects neighbourhood destinations. Local streets shall serve local traffic only. (Subclause (f) amended by OPA No. 88 - OMB Order No. 2314 - approved

99/12/23)

Roads categorized as freeway, expressway, arterial, primary collector and secondary collector are shown on Schedule "C" - Transportation Corridors. (Clause i) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

(g)

Window Street â&#x20AC;&#x201C; provides singe loaded access to individual properties and connects neighbourhood destinations. Window streets shall serve local traffic only.

(Subclause (g) added by OPA 438 Dec. 17/09)

Development Criteria

ii)

Categories of roads which are under the jurisdiction of the City shall be developed in accordance with the criteria contained in Table No. 18.1., relating to road allowance requirements, number of lanes, operating speeds, access and parking policies, and intersection policies. Roads may be widened to their road allowance requirement in accordance with policy 18.2.6. of the Plan. Development which would interfere with the future widening of a road to its required road allowance shall be prevented where possible. Criteria for Provincial highways is under the jurisdiction of the Ministry of Transportation. Access to Provincial Highways is governed by the Ministry and requests for access may be subject to Ministry requirements such as a traffic impact analysis. (Clause ii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Existing Roads

iii)

Existing arterial and collector roads are shown as solid lines on Schedule "C" - Transportation Corridors, and are not necessarily fully developed. It is anticipated that these roads will be required to meet future transportation needs associated with growth within and beyond the population horizon of the Plan. Minor modifications to a planned road alignment may be made without the necessity of an amendment to the Official Plan if it can be demonstrated to the satisfaction of Council that the modification will not diminish the function or capacity of the road. (Clause iii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Protection of Existing Roads

iv)

Approved developments shall provide for the protection of the required road allowance for existing roads and, where applicable, for their construction and dedication as public roads. The required road allowance may also be acquired by the City through purchase or expropriation as appropriate. (Clause iv) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Proposed Roads

Proposed arterial and collector roads shown as dashed lines on Schedule "C" - Transportation Corridors, are anticipated to be required to meet future transportation needs associated with growth within and beyond the population horizon of the Plan. The alignment of the proposed roads shall be regarded as an approximation of their future alignment. Final alignments and right-of-way requirements shall be determined on the basis of corridor protection studies or functional planning studies which may address, but not be limited to, development patterns, land

ownership, impact on existing land uses or natural features, and engineering studies. (Clause v) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Protection of Proposed Roads

vi)

To ensure that the City's long term transportation needs can be met, the City will endeavour to protect proposed roads in the review of Secondary Plans, plans of subdivision, and Official Plan/Zoning By-law amendments. Where the alignment of a proposed road has been determined, the required road allowance shall be reserved for future road development. Where the alignment of the road has not been determined, proposals for the development of the lands that may be required for the future road allowance will be reviewed through corridor studies or functional planning studies, as described in policy 18.2.2.v), to determine which portion of the lands should be reserved to form part of the future road allowance. Lands reserved for a proposed road alignment may be acquired by whatever method is available to the City by statute and which is most appropriate under the particular circumstances. (Clause vi) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

18.2.3. Proposals to Add, Upgrade, Delete or Realign Roads

In the review of proposals to amend Schedule "C" - Transportation Corridors, to add, upgrade, delete, re-align or extend a freeway, expressway, arterial road, primary collector road or secondary road, consideration shall be given to traffic service or implications, or potential impacts that a proposed road development may have on existing land uses and natural features, and measures that may be taken to mitigate these impacts. (Subsection 18.2.3. amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

18.2.4. Road Allowance Requirements

Specific road allowance requirements will be established for different roads, or section of roads, in accordance with the range described in Table 18.1. Road allowance requirements for specific roads, or section of roads, will be defined in the Zoning By-law. (Subsection 18.2.4 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Exceeding Allowance Range

Road allowance requirements shall vary within the range described in Table 18.1. Where, on the basis of topographic constraints, site conditions or a transportation study, it is determined that a road allowance should exceed the specified range, an amendment to the Official Plan will be required.

Land Dedications in the Downtown Area

ii)

Land dedication requirements for road widenings in the Downtown Area, as defined on Schedule "A", of up to 3.05 metres (10 feet) may be required for developments and/or redevelopments in the Downtown Area. The exact dedication requirements will be determined by the City's Environmental and Engineering Services Department through the development review process. (Clause ii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

18.2.5. Road Widening

Council shall provide for the widening of existing road allowances to the road allowance requirements established under policy 18.2.4. Privately

Policies

owned land needed for road allowance widening may be acquired by the City through purchase; expropriation; dedication as a condition of subdivision, land severance or site plan approval; or other appropriate means. (Subsection 18.2.5 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Road Allowance Requirements

For the purposes of the Planning Act, dealing with road allowance widening as a condition to the approval site plans for development, any road that has less than the required road allowance established according to the provisions of policy 18.2.4. of this Plan shall be regarded as a road to be widened. (Clause i) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Intersection Requirements

ii)

Road widenings in excess of road allowance requirements may be required at an intersection for the purpose of providing daylight triangles, lane channelization/auxiliary turn lanes, increasing intersection capacity, or locations for traffic control devices, and/or transit facilities and transit priority measures, including HOV lanes. (Clause ii) amended by OPA 438 Dec. 17/09)

Arterial Roads

iii)

Road widenings in excess of the road allowance requirement may be required along arterial roads to accommodate auxiliary turning lanes that will provide better access to land uses that are major traffic generators, and to accommodate transit facilities and transit priority measures, including HOV lanes. (Clause iii) amended by OPA 438 Dec. 17/09)

Interchange Requirements

iv)

Road widening in excess of road allowance requirements may be required at an interchange for the purpose of providing ramps, structures, retaining walls, and transit facilities. (Clause iv) added by OPA 438 Dec. 17/09)

Constraints

Council may waive or accept less than the maximum road widening requirement where, in the opinion of Council, the nature of existing development, topographic and/or natural features or other constraints make it impractical to widen the road to the established road allowance requirement. (Clause iv) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause (v) renumbered by OPA 438 Dec. 17/09)

Widening From a Dedication

vi)

In those cases where the widening of a road is to be obtained by dedication through site plan control, consent or development agreement adjacent land shall be obtained equidistant from the centerline as determined by: (a)

The centreline of the original road allowance laid out by competent authority which has not otherwise been amended by a Council approved Environmental Assessment or By-law; or,

(b)

The centreline as established by a Council Approved Environmental Assessment or By-law; or

(c)

The centreline of construction of a road where no original road allowance was laid out by competent authority.â&#x20AC;?

(Clause vi) renumbered and amended by OPA 438 Dec. 17/09)

Setbacks

vii)

The Zoning By-law shall provide for the measurement of setback requirements from the limit of the required road allowance. (Clause vii) renumbered by OPA 438 Dec. 17/09)

Implementation

viii)

The implementation of the road widening policies will also take into consideration matters such as the following: (a)

where a parcel of land has been acquired by the City but the widening of the road is not imminent, Council may allow for the private interim use of the parcel; and

(b)

where, because of a road widening, the size of a property is reduced and the lot area or setbacks no longer conform to the Zoning By-law, Council may consider an amendment to the By-law to recognize the property reduced standard.

(Clause (b) deleted and (c) renumbered and amended by OPA 438 Dec. 17/09)

18.2.6. Intersection and Access Policies for Arterial and Primary Collector Roads Intersections with Local Streets

The efficiency, safety and traffic carrying capacity of freeways, expressways, arterial, and primary collector roads shall be protected by minimizing the number and spacing of intersecting streets and access points. (Subsection 18.2.6. amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

The design of residential plans of subdivision shall discourage the intersection of local streets with freeways, expressways, arterial or primary collector roads. (Clause i) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Intersection Separation

ii)

To the extent feasible, the intersection of a new primary collector or secondary collector road with an arterial road shall provide sufficient separation from the nearest major intersection to allow for the efficient operation of traffic control devices. The Zoning Bylaw may include minimum intersection separations to allow for the efficient operation of all modes of transportation at intersections. (Clause ii) amended by OPA 438 Dec. 17/09)

Restricted Areas

iii)

Preferred land uses along arterial or primary collector roads are higher intensity uses with minimum access requirements. Nevertheless, where lands adjacent to an arterial or primary collector road are to be subdivided or severed for the purpose of low density residential development, suitable measures that would prohibit vehicular access from individual properties to the arterial or primary collector road shall be provided. Such measures may include a system of service roads, or looped local roads located parallel to the arterial or primary collector, or a system of common/jjoint access arrangements with adjacent properties, or where alternative land use or road layout options are not

appropriate, reverse lotting. Council may adopt Access Management Guidelines to further control access along arterial and primary collector roads; (Clause (iii) replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23 Amended by OPA 211 - 01/02/05) (Clause iii) amended by OPA 438 Dec. 17/09)

Common Access

iv)

The subdivision or severance of land adjacent to an arterial or primary collector road, for purposes other than low density residential development, shall minimize the number of access points to the arterial or primary collector road through measures such as the provision of common driveways or a service road.

Driveways

Limitations on the number, spacing and design of driveways, and requirements for the development of common driveways may be applied to the development of lands adjacent to arterial or primary collector roads through the site plan approval process.

Controlled Access By-law

vi)

Council may pass a by-law(s) for the purpose of designating sections of arterial or primary collector roads as controlled access roads.

Transit Supportive Design

vii)

For residential lands abutting an arterial road, pedestrian access shall be provided at a maximum spacing of 500 metres with a maximum spacing of 1,000 metres between intersecting roads. (Clause vii) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Access Management

viii)

Council shall adopt Access Management Guidelines pursuant to Section 19.2.2. of this Plan that are to be used in the review of all development applications that involve access to arterial and/or collector roads, including intersection separations. (Clause viii) added by OPA 438 Dec. 17/09)

18.2.7. Road Improvements Associated with Major Development Proposals

Council, in its evaluation of major development proposals, shall consider the potential impact of the development on the safety, efficiency and volume of traffic flow on adjacent streets. Developers may be required to contribute to the cost of road improvements which, in the opinion of Council, are necessary to provide for safe vehicular turning movements to and from the site, and to minimize the disruption to traffic flow. Examples of such improvements may include, but not be limited to, road channelization/auxiliary turn lanes to provide left/right turn lanes, and the construction of raised medians. (Subsection 18.2.7 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Subsection 18.2.7. amended by OPA 438 Dec. 17/09)

Transportation Impact Assessment

To assist Council in its consideration of traffic concerns and road improvement needs related to a major development proposal, an applicant may be required to prepare a transportation impact assessment. Council shall adopt Transportation Impact Study Guidelines pursuant to section 19.2.2. of this Plan. The preparation of a Transportation Impact

Study shall be required at the following stages of the planning approval process. (Section 18.2.7. amended by OPA 438 Dec. 17/09)

Area Plan & Secondary Plan

Identification of transportation infrastructure and operational improvements associated with area wide development potential. (Added by OPA 438 Dec. 17/09)

Plan of Subdivision

Arterial and collector roadway requirements and operations Phasing plan Transportation infrastructure improvements tied to phasing plan General description of access locations and operations Allocation of responsibility for funding and implementation of transportation infrastructure improvement (Added by OPA 438 Dec. 17/09)

Site Plan

Phasing Plan Transportation infrastructure improvements tied to phasing plan General description of access locations and operations Allocation of responsibility for funding and implementation of transportation infrastructure improvements Access location and operations, including joint accesses between adjacent properties Site specific impacts on road network including adjacent site operations (Added by OPA 438 Dec. 17/09)

18.2.8. Traffic Management Policies

Traffic management strategies and measures that will provide for the safe and efficient use of existing facilities and minimize the potential impact of non-local traffic movements on low density residential areas shall be encouraged. (Subsection 18.2.8 renumbered by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Efficient Use of Existing Roads

Traffic management strategies and operational improvements which promote a more efficient use of existing roads shall be encouraged. Examples include the promotion of staggered work hours, high occupancy vehicle lanes, lane control signals, queuejumping lanes for transit vehicles, the channelization of intersections, the control of on-street parking, the management of the price and supply of long term parking spaces, and the optimization of traffic signal control for smooth continuous traffic flow. (Clause i) replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Through Traffic

ii)

The road system shall be designed to facilitate convenient and efficient movement of motor vehicles, transit, bicycles and pedestrians within and between neighbourhoods; however, through vehicular traffic on local and secondary collector streets shall be discouraged in residential areas. (Clause ii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Sidewalks,

iii)

Pedestrian and vehicular traffic shall be separated, where

Walkways Truck Routes

18.2.9. Traffic Noise Attenuation

appropriate, by using sidewalks and walkways. iv)

Truck routes shall be designated to provide for safe and efficient truck movement through and within the City and to provide for convenient access to industrial and commercial areas. Through truck traffic shall be discouraged on local and secondary collector roads in areas designated for residential use.

The preparation and review of proposals for the development of residential units on lands adjacent to freeways, expressways and arterials shall take into consideration the potential impact of traffic noise on indoor and outdoor areas of the development, in compliance with provincial policy. Noise studies and attenuation measures will be required according to the provisions of policy 19.9.5., 19.9.6. and 19.9.7. of this Plan. (Subsection 18.2.9 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Subsection 18.2.9 amended by OPA No. 348 - approved 2005/03/7)

18.2.10. Energy Conservation/ Air Quality

Council is committed to improving the quality of the environment by reducing the amount of energy consumed in transportation and the amount of pollution resulting from the use of the transportation system. Council shall support and promote Transportation Demand Management Strategies which will not only be environmentally friendly, but also integral in the realization of P.M. peak hour mode split targets established in the Transportation Plan Review. Such strategies may include, but not be limited to: i)

promoting ride sharing programs such as motor vehicle pooling;

ii)

supporting the development of central and common parking areas, where appropriate;

iii)

providing parking incentives that favour high occupancy vehicles;

iv)

considering, over the long term, the development of park and ride facilities;

adopting a leadership role in promoting the use of transit by exploring such opportunities as employer subsidized transit passes;

vi)

developing educational and promotional programs which encourage the use of alternative modes of transportation before the use of the private automobile;

vii)

encouraging employers to implement trip reduction programs which may include telecommuting, ride sharing, transit subsidies, staggered work hours, transportation allowances, car pooling, and shower and bicycle facilities in places of employment;

viii)

increasing commuting by pedestrians and bicyclists through the

preparation and implementation of the Bicycle Master Plan and the Pedestrian Path System as outlined in Sections 18.2.13. and 18.2.14. of the Official Plan; and ix)

support measures which influence the availability and price of long term parking to encourage the use of alternative modes of transportation particularly during peak periods. (Subsection 18.2.10 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

18.2.11. Public Transit Policies

The City of London shall be served by a public transit system that provides a convenient and less costly alternative to the private automobile as a means of travel within the City and thereby relieves some of the demand for road improvements and parking facilities. The public transit system must be integrated as a key component of community design. (Subsection 18.2.11 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Downtown Accessibility

Council promotes, as a goal of the Official Plan, the continued development of the Downtown as the primary business, office, cultural and administrative centre for the City of London. A public transit system shall be maintained and expanded according to a system of routes that provide accessibility to the Downtown from all areas of the City, supplemented by a series of cross-town routes that link major employment and activity centres. (Clause i) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Walking Distance

ii)

Council shall promote the provision of public transit service within a 400 metre walking distance of all contiguous urban development. (Clause ii) deleted and replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

iii)

In the preparation and review of secondary plans and plans of subdivision, consideration shall be given to: (a)

locating lands designated for the development of high density residential uses, office buildings, health care facilities, secondary schools, other community facilities, and regional or community shopping facilities, in areas that have convenient access to existing transit routes, or that can be efficiently served through the extension of existing transit services;

(b)

the alignment of arterial, primary and secondary collectors to link adjacent development with direct transit routings;

(c)

the establishment of safe, accessible sidewalks, walkways and/or other linkages to connect residential and employment areas to transit services; (Clause (c) amended by OPA 438 Dec. 17/09)

(d)

the provision of a sidewalk on both sides of a street designed to carry transit;

(e)

the provision of temporary bus turnarounds at the end of

partly constructed arterial, primary collector and secondary collector roads that have been identified as transit routes when phased development is proposed; (f)

reducing pedestrian backtracking by developing street pattern designs and pedestrian circulation routes, which may include mid-block connections, to reduce walking and travel distances to transit stops; and

(g)

pedestrian safety in the design of streets designed to carry transit, as well as the routes to transit (transit access routes. (Clause (g) amended by OPA 438 Dec. 17/09)

Development Applications

iv)

In the review of development applications that involve projects which will generate significant demand for public transit service, consideration shall be given to the provision of on- or off-site facilities such as benches, rest areas and climate shelters, and other amenities, and to road improvements that will facilitate transit service and be conducive to its use. Consideration shall also be given to the siting of structures, parking lots, fencing and berming to ensure that development is oriented to the street and is pedestrian and transit friendly. (Clause iv) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Council shall consider the design of the road network in the context of existing and planned transit routes, and shall require that the road network be laid out to provide for ease of circulation and penetration of the neighbourhood for public transit. In the case of site specific development proposals Council will, where appropriate, consider the orientation of buildings, pedestrian access points/routes, location of bus bays and stops, on-site vehicle circulations, and parking layouts. In the review of a plan of subdivision application or consent, the approval authority may impose conditions relating to the dedication of lands for commuter parking lots, transit situations and related infrastructure for the use of the general public using a public right-of-way. (Clause iv) amended by OPA 438 Dec. 17/09)

Transit Targets

Council, through the London Transit Commission, will promote transit ridership and shall strive to reach the targeted ridership levels identified in Section 18.1. of the Official Plan. (Clause v) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause vi) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause vi) deleted by OPA 438 Dec. 17/09)

Node Linkage

vi)

Council shall support transit priority measures on designated routes linking major activity centres. (Clause vii) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause vi) renumbered by OPA 438 Dec. 17/09)

New Initiatives

vii)

Council shall investigate and implement, together with the London Transit Commission, the business community, and the public, new initiatives for the cost-effective and energy efficient movement of people by public transit, primarily through and around the Downtown area but also major employment centres and activity nodes. These initiatives may include shuttle bus service, dial-abus service, the development of park-and-ride facilities and bicycle parking, as well as non-structural improvements to customer services, route services, and the introduction of new transit technologies. (Clause viii) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause vii) renumbered by OPA 438 Dec. 17/09

Transit Reliance

viii)

Council will promote increased mobility opportunities for all residents by encouraging the location of accessible transportation facilities on-site or in close proximity to major â&#x20AC;&#x153;trip generatingâ&#x20AC;? land uses, and through the implementation of policies 18.2.11. i) through x) with added consideration for those areas frequented by persons reliant on the public transit system. (Clause ix) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Public Safety

ix)

Council shall cooperate with the London Transit Commission to promote the design of public transportation facilities that take into account public safety and comfort. (Clause x) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause ix) renumbered by OPA 438 Dec. 17/09)

Form of Development

Council will promote a development pattern that increases access to and opportunity for public transportation by encouraging higher density, mixed use forms of development at major intersections. For existing and planned major shopping areas and community and regional facilities, Council will promote transit access, including the provision of accessible on-site transit facilities, through the development review process. Council will also promote transit friendly land uses along major corridors which support a high frequency of transit service. (Clause xi) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause x) renumbered and amended by OPA 438 Dec. 17/09)

18.2.11.1. Transit Nodes and Corridors

Council shall support the long term development of compact, transit oriented and pedestrian friendly activity centres at identified nodes and corridors. The Downtown and the Transit Nodes and Transit Corridors as shown on Figure 18.1 are target areas for growth, redevelopment and revitalization. Policies that support growth, redevelopment and revitalization in these areas are provided below and throughout the Plan. i)

In the review and evaluation of development proposals located along identified transit nodes and corridors Council will discourage site-specific Official Plan Amendments and site-specific Zoning By-law Amendments which propose a lower intensity of use where a higher intensity of use has been planned to support compact urban form, discourage sprawl, and provide for efficient infrastructure and transportation.

ii)

Residential intensification and employment development will be encouraged adjacent to Transit Nodes and along Transit Corridors. In addition to these primary residential and employment land uses, other land uses which help create complete communities such as recreation, neighbourhood commercial, and public service facilities will be encouraged to integrate with these units.

iii)

Development or corridor improvements which may hinder the usage of the Transit Corridors identified on Figure 18.1 for full-size buses and/or HOV lanes will be discouraged.

iv)

The City of London shall establish a target of Level of Service â&#x20AC;&#x153;Dâ&#x20AC;? conditions on all arterial and collector roadways in the PM peak hour for general automobile traffic. Where these plans or actions have direct impact on a Transit Corridor as shown on Figure 18-1, mitigative measures may include implementation of transit priority measures in order to maintain efficient flow-through of transit vehicles, improve the level of transit service on these corridors, and increase the attractiveness of transit as a viable mode of travel.

Where lands are within a Specific Residential Area identified under policy 3.5 of the Plan, the application of the transit nodes and corridor policies will supplement those specific policies, but will not supersede them.

(Sec. 18.2.11. added by OPA 438 Dec. 17/09)

18.2.12. Parking Policies

The provision of public and private parking and loading facilities that are safe, and accessible well integrated with the transportation system, adequate for the land uses they support, and developed to a standard which promotes compatibility with adjacent land uses, shall be supported. Council may consider a policy to limit the maximum amount of parking spaces to support a proposed development. (Subsection 18.2.12 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Subsection 18.2.12. amended by OPA 438 Dec. 17/09)

Parking and Loading Requirements

The Zoning By-law shall contain standards for the provision of private off-street parking and loading facilities to be required as a condition of the development and use of land. These standards may vary according to the parking demand normally associated with different types of land uses. With the exception of low density residential uses, any variance from the parking requirements of the Zoning By-law shall be supported by a Parking Study Report. Parking standards may also vary among areas of the City on the basis of public transit service levels, accessibility requirements and the availability of off-site parking. The development of parking in the Downtown shall be based on the provisions of policy 4.2.8. of this Plan.

(Subsection i) amended by OPA 438 Dec. 17/09)

Design Standards

ii)

Design standards for off-street parking may be applied through the site plan approval process or the Zoning By-law. The intent of these standards is to achieve safe access, efficient usage, and improved aesthetics while reducing the impact of parking on adjacent land uses. Design standards shall also provide for barrier-free and universally accessible parking requirements. (Clause ii) deleted and replaced by OPA 438 Dec. 17/09)

Development and Management of Public Parking

iii)

Council shall prepare and implement a Parking Management Plan for the Downtown and adjacent areas based on a coordinated approach to the development and management of public on-street and off-street parking facilities. The Plan shall address such items as, but not be limited to, the supply and demand for parking, parking rates, the impact on the City's Transportation Demand Management Strategies, and the City's role in the provision of parking lots and structures. The development of public off-street parking may also be considered for Business Districts that are inadequately supported with private off-street parking facilities. (Clause iii) deleted and replaced by OPA No. 88 - OMB Order 2314 - approved 99/12/23)

Parking on Roads

iv)

Parking on public roads shall be governed by the provisions of Table No. 18.1. Parking on arterial and primary collector roads may be restricted, particularly during peak traffic periods, in order to increase the traffic-carrying capacity of these roads. (Clause iv) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Cash-in-Lieu of Parking

Exemptions from all or part of the required parking for a proposed development may be granted in exchange for cash in-lieu-of parking where an agreement to this effect has been entered into by the City and the developer. Unless otherwise specified in this Plan, the cash in-lieu provision should be used only in those areas where public off-street parking facilities have been or may be developed.

Downtown On-Street Transit Facilities

vi)

Council will allocate up to 25% of its cash in-lieu-of parking from the Downtown area to improve on-street transit facilities and promote the use of transit for Downtown employees. (Clause vi) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Bicycle Parking

vii)

Bicycle parking facilities shall be required in accordance with policy 18.2.13.v) and vi) of the Official Plan. (Clause vii) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Park-and-Ride Facilities

viii)

The location of park-and-ride facilities on the periphery of the City will be sited based on discussion with the County of Middlesex, adjacent municipalities and the Ministry of Transportation of Ontario (MTO), in order to ensure that the location of these facilities optimizes their ability to encourage modal split by commuters and to improve transit accessibility to areas that are under-serviced through traditional transit routes. In addition, the location of park-and-ride facilities shall be

encouraged at other areas throughout the City, including Transit Nodes and Corridors. (Clause viii) added by OPA 438 Dec. 17/09)

18.2.13. Bicycle Policies

Council recognizes that the bicycle, during most times of the year, is a viable alternative to other modes of transportation, is environmentally sound, and supports active, healthy lifestyles. Wherever feasible, Council shall promote and initiate improvements to enhance bicycling as a means of transportation. (Subsection 18.2.13 renumbered and replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Bicycle Master Plan

Council shall prepare and adopt a Bicycle Master Plan to guide the development and implementation of a long-term, comprehensive, on and off-road commuter and recreational bicycling network. Portions of the system will be aligned along existing roads to provide linkages to major activity centres and employment nodes such as, but not limited to, the University of Western Ontario, Fanshawe College and the Downtown. Portions of the system will also be located within the public open space network such as the Thames River Valley so that the safety and enjoyment of its users will be enhanced. The Master Plan shall serve to: advance a vision for cycling; detail a series of first principles to implement the London's cycling vision; define a strategic approach for the development of a primary and secondary commuter and recreational network that recognizes the distinct operational and design needs of the user; depict existing and proposed on and off-road facilities; advance minimum design standards for facility development; detail facility supportive amenities; and recommend mechanisms for implementation.

City-initiated Capital Transportation Projects

ii)

All City-initiated capital transportation projects shall incorporate bicycle facilities as directed by the Bicycle Master Plan. The prescribed facility shall be incorporated into the Environmental Assessment and budgeting process as required.

City Initiated Capital Open Space and Parks Projects

iii)

All City-initiated capital open space, parks and recreation projects will incorporate bicycle facilities as directed by the Bicycle Master Plan. The prescribed facility shall be incorporated into the Environmental Assessment process and budgeting process as required. Council shall support the expansion of off-road facilities through river valleys and parklands where such facilities will not adversely impact significant environmental features or functions.

Area Plans

iv)

All area plans shall incorporate bicycle infrastructure as provided for in the Bicycle Master Plan.

Development Applications

All development applications, including, but not limited to, plans of subdivision, severances, plans of condominium, Official Plan Amendments, zoning by-law amendments and site plans shall be reviewed to ensure that they are consistent with, and implement,

the Bicycle Master Plan. (Amended by OPA 514 Jan 31/12) Signage Program

vi)

A bicycle route signage program for existing roadways will be budgeted for and prioritized. Signage for identified commuter and recreational routes will be developed in accordance with recognized standards and best practices.

Ongoing Road Maintenance and New Road Construction

vii)

Ongoing road maintenance and new road construction and associated infrastructure shall have consideration for the bicycle in the design and placement of intersection treatments, sewer grates, manhole covers, signage and railway crossings.

Maintenance Requirements for Roadways

viii)

All of the maintenance requirements for roadways shall extend and apply to on-road bicycle lanes facilities as well including the maintenance of the lane delineation, pavement stenciling, and the maintenance and/or replacement of signage.

Maintenance Schedules

ix)

Care of on-road bicycle facilities shall mirror Council's approved summer and winter road maintenance schedule including provisions for snow removal, street sweeping and surface repairs.

Lead by Example

Council shall provide accessible and sufficient bicycle parking facilities at all municipally owned and operated facilities in order to promote the use of the bicycle as an alternative mode of transportation.

Bicycle Parking Standards

xi)

Bicycle parking shall be provided in accordance with the requirements of the Z.-1 Zoning By-law. Council shall also encourage facilities such as showers and change rooms in places of employment to enhance the use of the bicycle for work-based travel.

Intersection Treatments and Facility Design

xii)

The City shall develop design and implementation guidelines for the creation of delineated on-road bicycle lanes and on-road bicycle routes having particular consideration for intersection treatments.

Supportive Programming

xiii)

The City shall develop educational programming to promote and encourage safe and viable cycling in London. (Subsection 18.2.13 renumbered and replaced by OPA No. 88 - OMB Order No. 2314 approved 99/12/23)(Section 18.2.13.i) - 18.2.13.vi) is deleted and replaced by Section 18.2.13.i) - 18.2.13.xiii) by O.P.A. No. 368)

18.2.14. Pedestrian Policies Safe Pedestrian Environment

Council shall support the provision of safe and effective pedestrian infrastructure within the City for all populations, ages and health groups. (Subsection 18.2.14 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Subsection 18.2.14. amended y OPA 438 Dec. 17/09)

Council shall make the pedestrian environment safe and more effective to use by: (a)

requiring the provision of sidewalks in or adjacent to new

residential development as follows: 1.

both sides of all internal collector or arterial roads;

on both sides for the complete length of any block on which a school property fronts;

on both sides of a street designed to carry transit;

on one side of cul-de-sacs and streets containing 40 or more residential units; and

on one side of abutting arterial and primary collector streets or as otherwise specified by the City Engineer.

(b)

giving priority to the completion of the pedestrian network in areas where there is significant vehicular and pedestrian traffic and the above noted policy has not been met;

(c)

requiring that the existing pedestrian network maintained and replaced where appropriate;

(d)

requiring suitable bicycle parking facilities at locations that minimize interference with the pedestrian network;

(e)

ensuring that, where appropriate, pedestrian and bicycle networks are separated from each other by distinct grade changes, landscaping and berming;

(f)

establishing a program to install pedestrian pathway lighting on City park lands where there is an appropriate after dusk use or a necessary street to street pedestrian connection. Pedestrian lighting shall also be established along transit routes where necessary;

(Clause (f) deleted and replaced by OPA 438 Dec. 17/09)

(g)

establishing a program for the elimination of existing barriers and requiring that new or replacement pedestrian facilities are accessible; and, (Clause (g) amended by OPA 438 Dec. 17/09)

(h)

require pedestrian paths from the internal local roads of subdivisions to collector or arterial roads where there is an existing or planned transit route. (Clause (h) added by OPA 438 Dec. 17/09)

Pedestrian Path System

ii)

Council shall encourage the development of a pedestrian path system to link major open space areas and to improve the accessibility of large activity centres such as the Downtown, the

University of Western Ontario, Fanshawe College and Transit Nodes and Corridors as identified in Figure 18.1. The path system shall be developed taking into account the following matters: (Subsection ii) amended by OPA 438 Dec. 17/09)

(a)

priority areas identified for the development of new, or replacement of existing, sidewalks, pathways and footbridges including mid-block connections;

(b)

accessible sidewalk/pathway design and standards; (Clause (b) amended by OPA 438 Dec. 17/09)

(c)

design and operational standards of roads which affect the pedestrian environment;

(d)

amenities to enhance the pedestrian environment;

(e)

methods to increase pedestrian safety and security;

(f)

weather protection;

(g)

the location of bicycle parking facilities and bicycle routes;

(h)

maintenance; and

(i)

funding.

(Clauses (h) and (i) renumbered by OPA 438 Dec. 17/09)

Area Studies and Plans of Subdivision

iii)

Council, in the preparation and review of area studies, or in its evaluation of development proposals, shall consider the potential impact of the development on the safety, efficiency and ease of pedestrian movement within and adjacent to the subject lands. Pedestrian friendly internal routes and streets shall be required to link or extend to existing or proposed pedestrian circulation routes. The pedestrian circulation routes will include accessible pedestrian connections to existing and proposed transit stops. (Clause iii) deleted and replaced by OPA 438 Dec. 17/09)

Traffic Calming

Council shall investigate various traffic-calming methods and implement them in both residential areas and major activity centres, where necessary, to increase pedestrian safety and improve the overall quality of the urban environment. (Subsection 18.2.14 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

18.2.15. Rail Policies

Grade Separations

Council shall support the provision of rail services within the City of London that adequately meet the transport needs of industry; provide an attractive and convenient passenger service; minimize, to the extent feasible, the disruption to traffic flow on arterial and primary collector roads; and are compatible with adjacent land uses. i)

Financial assistance shall be sought from the senior levels of government for road/rail grade separations where appropriate.

Passenger Service

ii)

Council shall encourage and support measures that will enhance the level of passenger rail service available to City residents.

Extensions, Relocations, or Modifications of Rail Facilities

iii)

Council shall cooperate with the senior levels of government and the rail companies in the planning and development of new rail facilities, and the relocation or modification of existing facilities where such measures will improve the level of freight or passenger service, improve the safety and convenience of the road network, facilitate the redevelopment of railroad lands for appropriate uses, or improve upon the compatibility of existing facilities with adjacent uses.

Residential Development Adjacent to Rail Corridors

iv)

Development of lands adjacent to rail corridors shall be controlled to reduce the potential adverse impact of noise, vibration and safety associated with rail traffic. Appropriate setback, fencing, earth berm, and buffering requirements will be established in the Zoning By-law and subdivision, consent and site-plan control policies and guidelines. Where applicable, noise and vibration attenuation measures and safety measures may also be required according to the provisions of policy 19.9.5. of this Plan. (Clause iv) replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Abandoned Rail Corridors

Council shall monitor and cooperate with the rail companies to identify potential reuse of railway lands that become surplus to their needs. Council will consider abandoned railway lines for their possible use for transportation, utility, environmental, recreational or cultural purposes. The consideration of alternative uses shall have regard for environmental issues pursuant to the policies of Section 15.8. (Clause v) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

18.2.16. Airport Policies

Council shall encourage cooperation among the Municipality of Thames Centre (formerly West Nissouri Township), the County of Middlesex, the Federal Government and the air carriers to promote the development of air passenger and freight facilities and services at London International Airport. (Section 18.2.16. amended by OPA 438 Dec. 17/09)

Control of Land Use in Adjacent Areas

In keeping with federal and provincial policies on land use near airports the development of lands within the City in close proximity to London International Airport shall be controlled so that it does not interfere with the operation of the Airport, limit the potential for the expansion of Airport facilities, or result in land uses that will be exposed to airport-related noise levels that exceed established guidelines. Policies pertaining to the control of land use to achieve noise control guidelines are contained in policy 19.9.5. of this Plan. (Clause i) amended by OPA 438 Dec. 17/09)

Access Improvements

ii)

Continued development of municipal and regional roads and provincial highways to improve the accessibility of London Airport shall be encouraged.

Economic Role of Airport

iii)

The long-term operation and economic role of the London International Airport will be supported by encouraging compatible land uses such as airport related industrial development and associated infrastructure works in the vicinity of the airport lands. Measures that may be implemented to achieve this objective include land use designations and area-specific policies, special provision zoning, and the adoption of a Community Improvement Plan to support the aerospace industry. (Clause iii) added by OPA 438 Dec. 17/09)

18.2.17. Bus Services

Council shall encourage measures that will enhance the level of inter-city and regional bus service available to area residents.

18.2.18. Integration of Transit Modes

Council shall encourage improved accessibility transportation facilities by all modes of transportation.

18.2.19. Conflict Between Modes of Transportation

Council shall cooperate with other agencies to identify where conflicts exist between rail, motor vehicles, bicycles and pedestrians, and adjacent land uses, to ameliorate the conflict.

18.2.20. Monitoring

The achievement of the objectives of the Transportation Master Plan shall be monitored through the measurement of the various travel characteristics, including the modal split. These characteristics affect the demand for improvements or additions to transportation networks including public transit services and parking facilities. Such information shall be used to assist in the planning and scheduling of transportation improvements. The transportation network shown on Schedule "C" Transportation Corridors will be amended as required to meet the transportation needs of the City. Amendments to Schedule C may be undertaken for the upgrading of existing roads or rights-of-way, to serve a higher transportation function, or the identification of new roads, extensions or connections.

inter-urban

(Subsection 18.2.18 deleted and replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

(Subsection 18.2.19 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

The City shall provide status reports as needed on transportation demand management initiatives implemented and the potential need to reassess, amend or update any component of the Transportation Master Plan. The Transportation Master Plan shall also be reviewed on a five year interval or in conjunction with Official Plan updates. Council may also initiate studies, from time to time, to provide for the review of the Transportation Master Plan and related schedules. These studies may provide the basis for Official Plan amendments, where necessary, to update the Transportation Master Plan and policies, and shall be sufficient to maintain a transportation planning horizon of at least twenty years. (Subsection 18.2.20 added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Subsection 18.2.2. amended by OPA 438 Dec. 17/09)

18.2.21. Veterans Memorial Parkway (VMP) Corridor

The VMP corridor is currently a controlled access expressway providing a direct link between Highway 401 and the London International Airport and adjacent industrial, residential and agricultural lands. The VMP corridor is a key component of the City of Londonâ&#x20AC;&#x2122;s Transportation System, providing one of five accesses from the Provincial freeway system (400 Series) to the City of London. Protection and future improvements / upgrades to the VMP corridor to improve its function in providing a continuous north-south link within the urban development limits of the City of London is vital in providing connections to the developing industrial, employment and community development lands along the corridors. The long term vision for this corridor is to establish a Four-Lane Freeway that will satisfy the transportation needs of the VMP under full build out conditions, decrease traffic congestion within the entire corridor and improve overall safety and level of service. Protection of this transportation corridor, its associated interchanges and the supporting collector road system indentified in the Environmental Study Report to provide for the necessary improvements will ensure that the future growth, vitality and liveability of the City are not jeopardized. Road Connections to the VMP Corridor: The Official Plan recognizes the VMP as a Freeway with proposed interchanges identified at Bradley Avenue, Hamilton Road, Gore Road, Trafalgar Street, Dundas Street, Oxford Street, Huron Street and Clarke Road. Road connections to this corridor will be restricted to these intersections only in order to enhance the function and level of service of this vital urban freeway. In the future, existing at-grade road connections to the VMP corridor at Tartan Drive, Admiral Drive and Page Street from both the east and the west will be terminated by cul-de-sacs. Also in the future, existing at-grade road connections to the VMP corridor at River Road and Kilally Road from both the east and the west will be terminated by Flyovers. Right-of-Way Protection The extent of additional right-of-way/property requirements necessary to undertake the anticipated improvements to the VMP under full build out conditions shall be kept to a minimum. Most of the anticipated improvements to the VMP corridor shall be contained within the existing rights-of-way. In some instances, however, additional property and rightof-way is required to fulfil the functional design of a 4-lane urban freeway, future interchange footprints and supporting collector road systems. In most cases, nominal additional right-of-way/property requirements are needed at identified interchanges along the VMP corridor and along the corridor north of Huron Street to accommodate a future northerly extension of VMP to Kilally Road. Proposed new development or expansions to existing structures/businesses in proximity to the VMP corridor, and identified interchanges and supporting parallel collector road network shall have regard for future right-of-way requirements. The City shall acquire any land that is required for the future corridor, interchange

footprints and supporting collector road system identified in the approved Environmental Study Report prior to construction as provided for by the planning approval process. During any construction, maintenance and repair works needed to upgrade or enhance any future interchanges or road works, maintenance easements shall be obtained. The existing interchange of the VMP and Highway 401 may require additional property and right-of-way if the VMP is extended south of Highway 401, Park and Ride Opportunities Transportation Demand Management (TDM) initiatives along the VMP corridor that support a shift in mode of travel such as a shift to transit and reduction in single occupant vehicles (car pooling) are encouraged to assist the City in achieving targeted modal split targets included in the Plan and in alleviating some of the impacts of traffic congestions that are anticipated as this area approaches build out. To this end, park and ride facilities are encouraged to locate along the VMP corridor. Appropriate locations for park and ride facilities include the interchange areas of the VMP at Bradley Avenue and at Clarke Road. (OPA #494)

19.

IMPLEMENTATION INTRODUCTION The following Chapter outlines the means through which the objectives and policies of the Plan will be implemented. Implementation of the Plan will occur through the use of area studies, guideline documents, zoning, subdivision control, site plan control, demolition control, the co-ordination of affected agencies and groups, and other means available to Council through the authority given to it by the Planning Act, the Municipal Act, and other statutes. In addition to these implementation tools, a continuous monitoring of key trends and indicators, periodic policy review, and Official Plan amendments as warranted, will be used to ensure that the Plan remains responsive to development pressures and changing conditions.

19.1.

INTERPRETATION The following policies are intended to provide guidance in the interpretation and understanding of the policies, objectives, and Schedules of the Plan.

19.1.1.

The objectives and policies contained in the Plan are intended to assist in the achievement of the purposes of the Official Plan, as described in Chapter 1. It is intended that the interpretation of these policies should allow for a limited degree of flexibility according to the following provisions:

Boundaries Between Land Use Designations

The boundaries between land use designations as shown on Schedule "A" - the Land Use Map, are not intended to be rigid, except where they coincide with physical features (such as streets, railways, rivers or streams). The exact determination of boundaries that do not coincide with physical features will be the responsibility of Council. Council may permit minor departures from such boundaries if it is of the opinion that the general intent of the Plan is maintained and that the departure is advisable and reasonable. Where boundaries between land use designations do coincide with physical features, any departure from the boundary will require an Official Plan amendment.

Delineation of Flood Plain, Environmental Features

ii)

The delineation of the flood plain fill and erosion lines and environmental features as shown on Schedule "B" - Flood Plain and Environmental Features, is not intended to be precise delineation of the flood plain and fill regulated areas shall be as shown on the flood plain and fill line mapping available through the appropriate Conservation Authority. The 100 Year Erosion Line is more accurately shown on mapping available through the City of London Planning and Development Department. The precise delineation of other environmental features shall be determined through area studies or environmental impact studies undertaken in conformity with the policies of this Plan.

(Clause ii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Numbers

iii)

Minor variations from numerical requirements in the Plan may be permitted by Council without an Official Plan amendment, provided that the general intent and objectives of the Plan are maintained.

Examples of Permitted Uses

iv)

Where lists or examples of permitted uses are provided in the policies related to specific land use designations, they are intended to indicate the possible range and types of uses to be considered. Specific uses which are not listed in the Plan, but which are considered by Council to be similar in nature to the listed uses and to conform to the general intent and objectives of the applicable land use designation, may be recognized as permitted uses in the Zoning By-law.

19.1.2. Uses Permitted in all Land Use Designations

The following structures and facilities associated with public services and utilities may be permitted in all areas of the City outside of the flood plain or environmentally significant areas, as shown on Schedule "B" - Flood Plain and Environmental Features: i)

All municipal sewer, water and drainage works. (Clause i) replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

ii)

Hydro-electric power facilities which are intended to serve the surrounding area only. (Clause ii) replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

iii)

Natural gas pipelines.

iv)

Telecommunications works and transmission lines serving the immediate surrounding area.

Public streets.

vi)

Railway lines.

vii)

Fire halls.

viii)

Public parks and recreational facilities.

ix)

Small scale sites for municipal works operations and storage.

The use of floodplain lands and Environmentally Significant Areas for structures and facilities associated with public services shall be subject to the applicable policies of Chapter 15. (Subsection 19.1.2 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

19.2.

SECONDARY PLANS AND GUIDELINE DOCUMENTS Area studies (also known as community plans and area plans) and guideline documents may be used to assist in the implementation and refinement of the Plan. Secondary Plans allow for the development of Official Plan policies for a specific area that may be more detailed than the general policies of this Plan. Guideline documents assist in the

implementation of policies by providing more detailed criteria that have general application to the control of development. Guideline documents do not form part of the Official Plan and are not to be regarded as having Official Plan status. (OPA #476) (Section 19.2. amended by OPA 438 Dec. 17/09)

19.2.1. Secondary Plans

Council may direct that a Secondary Plan be prepared if the land use characteristics of a specific area, and sit potential for development or change, warrant a review, refinement, or elaboration of Official Plan policies. (OPA #476)

Purpose

A Secondary Plan/community plan/area plan may be developed to provide Official Plan policies to be used in the review of development proposals and as the basis for zoning by-law amendments for a specific area. Secondary Plans may also be developed to provide Official Plan policies to implement a vision or design concept for a specific area, and provide a greater level of detail than the general policies of the Official Plan. A Secondary Plan may include a Land Use Schedule for the specific area. Examples of area that may warrant the preparation and adoption of a Secondary Plan include: (Clause i) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (OPA #478)

(a)

older industrial areas that are subject to pressures for expansion or transition to other types of land use;

(b)

commercial districts that are subject to land use transition and compatibility issues;

(c)

areas that require a co-ordinated approach to subdivision development;

(d)

residential neighbourhoods that are experiencing pressure for conversion, infill development, or redevelopment to a higher intensity of use;

(e)

residential areas where detailed planning is required to maintain residential stability and character, and to improve neighbourhood amenities;

(f)

areas that may be subject to substantial change as the result of a proposed major development;

(g)

areas that have been designated as Heritage Conservation Districts; and

(h)

areas, in whole or in part, that have been designated "Planning Areas" on Schedule "D".

(Sub-clause (h) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (OPA #476) (Subsection i) amended by OPA 438 Dec. 17/09)

Content

A secondary plan will normally consist of policies and/or Schedules that provide a more detailed approach to land use planning matters than are contained in the general policies of this Plan for the Secondary Plan area. Among the matters that may be addressed in the policies of the Secondary Plan are land use mix and compatibility, road alignments, municipal services, minimum and maximum, public and private utilities, residential densities, road access points, location of parks and community facilities, buffering concerns, location of pedestrian and bicycle routes, building conditions urban design, the natural heritage system and the suitability of existing development requirements. (OPA #476) (Amended by OPA 438 Dec. 17/09) (Amended by OPA 438 Dec. 17/09)

Where a need for affordable housing has been identified, completed area studies may require up 25 percent of the new housing units to be in forms other than single detached dwellings as per the policies of 12.2.2. i) of this Plan. (Added by OPA 438 Dec. 17/09)

The purpose of including an environmental component into the Area Study is to complete the necessary field studies and technical analysis to define the environmental conditions at a tributary level, identify significant natural areas and provide for the implementation of the Natural Heritage System Policies of this Plan. The environmental component should have regard for the applicable Subwatershed Plan and: (a)

undertake field studies and technical analysis determined by the City and authorized agencies;

(b)

detail best management practices for stormwater management to be undertaken at the tributary level;

(c)

identify opportunities for rehabilitating and enhancing the Natural Heritage System; and

(d)

where appropriate, address the requirements for Environmental Impact Studies as described in Section 15.5. (Clause ii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

(e)

Status

ii)

the policies regarding infrastructure within the Natural Heritage System as described in Section 15.3.3. of the Official Plan. (OPA #476)

A Secondary Plans will be adopted by resolution of Council and will be used as a guideline for the review of development applications and for the planning of public facilities and services in the subject area. It may also provide the basis for an amendment to the Official Plan and/or Zoning By-law if the recommendations of the study suggest that a change or refinement in policies, land use designations, or zoning regulations, is appropriate.

The Secondary Plan may include a Land Use Schedule to depict land use designations specific to the Secondary Plan area. (OPA #476)

Public Participation and Review

iii)

A Secondary Plan, including any Land Use Schedule prepared for the Secondary Plan, shall be adopted as an amendment to this Plan, and added to this Plan in Section 20 â&#x20AC;&#x201C; Secondary Plans. Where there is a conflict between the general policies of this Plan and the Secondary Plan, or any schedule of this Plan and any Schedules of the Secondary Plan, the policies and Schedules of the Secondary Plan shall prevail. Council may permit minor modifications to the Land Use Schedule of the Secondary Plan without amendment to the Land use Schedule if the general intent of the Secondary Plan is maintained, and the change is advisable and reasonable. A project contemplated and studied as part of the secondary planning process, and that meets the intent and fulfills the requirements of the Class Environmental Assessment may be considered as a Schedule A, under the Municipal Class Environmental Assessment. Such projects may be approved through the adoption of the Secondary Plan. (OPA #476)

19.2.2. Guideline Documents

Council may adopt guideline documents to provide detailed direction for the implementation of Official Plan policies. Guideline documents proposed pursuant to these policies and adopted by Council, shall be added to the list in Section 19.2.2.ii). Provincial guideline documents are also used in the implementation of Official Plan policies. (Section 19.2.2. amended by OPA 438 Dec. 17/09)

Purpose

Guideline documents will be initiated by Council and may contain policies, standards, and performance criteria that are either too detailed, or require more flexibility, in interpretation or implementation, than the Official Plan would allow. Depending on the nature of the guideline document, they will provide specific direction for the preparation and review of development proposals, the identification of conditions to development approval, or the planning of improvements to public services and facilities.

Content

ii)

Guideline documents may be adopted by Council to assist with the implementation of any aspect of the Official Plan. In particular, guideline documents shall be adopted to assist with the implementation of any aspect of the Official Plan for the following, but are not limited to the following: (Clause ii) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

(a)

Site Plan Control Guidelines;

(b)

Subdivision Design Guidelines;

(c)

Road Access Guidelines;

(d)

Noise and Vibration Attenuation Guidelines;

(e)

Master Drainage Plans;

(f)

Stormwater Management Guidelines;

(g)

Erosion Control Guidelines;

(h)

Conservation Master Plans for Environmentally Significant Areas;

(i)

Urban Design Guidelines;

(j)

The City of London 2005 Inventory of Heritage Resources; (Amended by OPA No. 413 approved 07/07/23)

(k)

Descriptions of Potential Heritage Conservation Districts;

(l)

Subwatershed Planning Studies; (Sub-clause (l) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

(m)

Ecological Buffers and Development Setback Guidelines; (Sub-clause (m) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Amended by OPA 438 Dec. 17/09)

(n)

Environmental Management Guidelines; (Sub-clause (n) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

(o)

Guidelines for the identification of Cultural Heritage Landscapes; and

(p)

Cultural Heritage Landscape Guidelines. (OPA No. 269 - approved 03/02/17)

(q)

Bicycle Master Plan (OPA No.368 - approved 05/10/3)

(r)

Old East Heritage Conservation District Plan and Guidelines. (OPA No. 390)

(s)

Guideline Document for the Evaluation of Ecologically Significant Woodlands (March 2006) (OPA No. 401)

(t)

Sunningdale North Area Plan. ((OPA No. 410)

(u)

West Woodfield Heritage Conservation District Plan and Guidelines (OPA #446)

(v)

Dingman Drive (Industrial) Area Plan (OPA 451)

(w)

Dingman Drive Industrial Area â&#x20AC;&#x201C; Urba Design Guidelines

(OPA #451)

(x)

City of London Placemaking Guidelines â&#x20AC;&#x201C; November 2007 (OPA 452)

(y)

W12A Landfill Area Plan (OPA 462)

(z)

Environmental Impact Study Guidleines;

(aa)

Environmentally Significant Area Boundary Delineation Guidelines;

(ab)

Significant Woodland Evaluation Guidelines;

(ac)

Plant Selection Guidelines for Environmentally Significant Areas, Natural Heritage Areas and Buffers;

(ad)

Community Energy Plan;

(ae)

Sustainable development and green building initiatives;

(af)

Transportation Master Plan;

(ag)

Transportation Impact Study Guidelines;

(ah)

Access Management Guidelines;

(ai)

Facility Accessibility Design Standards;

(aj)

Tree Preservation Guidelines; and

(ak)

Small Lot Subdivision Design Guidelines.

Identification

and

(Clauses (z) to (ak) added by OPA 438 Dec. 17/09 and renumbered under Section 19.12.8. i) of the Official Plan)

(al)

Downtown Heritage Conservation District Plan

(OPA 524)

Status

iii)

Guideline documents will be adopted by resolution of Council. Development proposals shall be reviewed to determine their conformity with the provisions of any applicable guideline document and conditions may be imposed upon the approval of the development. Council may allow a reduction, change, or waiver of the provisions of a guideline document if it is of the opinion that such action is warranted and that the general intent of the Official Plan will be maintained.

Public Record

iv)

A record will be maintained of the guideline documents (and any associated modification) that have been adopted by Council under Section 19.2.2. Copies of all adopted guideline documents will be made available and accessible to the members of the public. (Clause iv) added by OPA 438 Dec. 17/09)

Public Participation and Review

The preparation of a guideline document will include provisions to encourage input from agencies, associations, and individuals that have an interest in the subject matter. Before adopting a guideline document, Council will hold a public meeting to provide for input

from interested parties. (Clause v) renumbered by OPA 438 Dec. 17/09)

19.3.

OFFICIAL PLAN AMENDMENTS, REVIEW, AND MONITORING The Official Plan is intended to provide guidance for the distribution, development, and control of land use in the City of London to the year 2016. To ensure the continued relevance of the Official Plan in view of changing demographic, economic, technological, social, and environmental conditions during this time frame, it is important that the Plan incorporate some method of addressing change. (Section 19.3 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

19.3.1. Official Plan Amendments

Council may initiate amendments to the Official Plan, to address any of the following circumstances: i)

Council has determined that the assumptions and conditions on which policies were based have changed to the extent that the policies are no longer appropriate.

ii)

Existing Official Plan policies have been refined through further study, or the completion of an area study, as described in policy 19.2.1. (Clause ii) renumbered by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

19.3.2. Public Participation

Council will provide for consideration by the public of proposals for Official Plan amendment, in accordance with the provisions of Section 19.12., regarding public participation.

19.3.3. Official Plan Review

Council shall, not less frequently than every five years after the Official Plan comes into effect, undertake a review of the Official Plan, hold a special meeting open to the public and revise the plan, as required, in accordance with the requirements of the Planning Act. The revisions shall ensure that the Official Plan conforms with provincial plans, has regard to matters of provincial interest, and is consistent with the policy statements issued under subsection 3(1) of the Planning Act. (Amended by OPA 438 Dec. 17/09)

19.3.4. Official Plan Monitoring Monitoring Factors

Council shall monitor the continued relevance of the policies and objectives of the Official Plan to identify the need for Official Plan amendment or review. i)

An ongoing monitoring program shall include but not be limited to the review of such factors as: population, land use and development trends; economic conditions; housing requirements; the supply, demand, and availability of land for various categories of land use; the preservation of agricultural lands; the implementation of the City's Natural Heritage System and other environmental objectives and policies; water quality and quantity; air quality; the impacts of climate change; the adequacy and availability of municipal services and facilities; the adequacy of existing and planned transportation facilities; the applicability of

various government assistance programs; and negative impacts attributable to the implementation of any policy of the Plan. (Clause i) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Clause i) amended by OPA 438 Dec. 17/09)

19.4.

ZONING The Zoning By-law regulates the use of land, and the character, location, and use of buildings and structures in the City.

19.4.1. Zoning Regulations

The Zoning By-law shall contain regulations to control the amount or type of development with respect to matters such as the following: i)

Permitted uses.

ii)

Location of uses.

iii)

Minimum lot areas and dimensions.

iv)

Minimum and maximum floor areas.

Siting of development on a parcel of land in terms of minimum setbacks from property lines.

vi)

Maximum lot coverage, or that portion of a site occupied by a building or structure.

vii)

Minimum and maximum density of residential land use measured as ratios of dwelling units per hectare. (Amended by OPA 438 Dec. 17/09)

viii)

Minimum and maximum density of commercial and other land uses measured as floor area ratios, for example, the gross floor area divided by the lot area. (Amended by OPA 438 Dec. 17/09)

ix)

Minimum and maximum height of a building or structure. (Amended by OPA 438 Dec. 17/09)

Minimum requirements for parking and loading areas.

xi)

Minimum requirements for landscaped open space.

19.4.2. Urban Reserve

An "Urban Reserve" zone may be applied on an interim basis to large areas of undeveloped land that are likely to develop by way of residential plan of subdivision, or to areas where development is not anticipated to occur for a considerable length of time. An Urban Reserve zone shall permit only existing uses. Rezoning for additional uses will be considered at the time of subdivision approval, upon the adoption of an area study, or upon receipt of development proposals that conform to the Official Plan.

19.4.3. Holding Zones

The Zoning By-law may contain holding provisions in accordance with the Planning Act. Lands subject to these provisions shall be identified by the

holding symbol "h" preceding the zone symbol on the map. The use(s) of land, buildings, or structures that are permitted when the holding symbol is removed shall be specified in the Zoning By-law. Purpose

Holding provisions may be used to ensure that necessary servicing features or municipal works are in place prior to development; to protect environmentally significant areas or specific natural features from adverse impacts; to ensure that floodproofing measures are being incorporated into a development; to ensure that bank stabilization and other erosion protection measures are in place prior to development; to allow mitigating measures to be applied to development which may experience negative impacts from transportation and utility corridors, landfill sites, methane gas sites, sewage treatment plants, or adjacent industrial uses or extractive areas; to allow mitigating measures to be applied to development which will have an impact on street level winds in the Downtown Area; to ensure that the values, attributes and integrity of protected heritage properties are retained; or to ensure that development takes a form compatible with adjacent land uses so that issues identified as a condition of approval can be implemented. (Clause i) amended by OPA 438 Dec. 17/09)

Application

ii)

Holding provisions will be applied only where there is a need for additional conditions that cannot be applied on a prezoning basis, or through the Site Plan Control By-law.

Removal

iii)

The Zoning By-law will be amended to remove the holding symbol when Council determines that the conditions relating to the appropriate purpose as set out in the By-law have been met. Such conditions may include, but are not limited to, the satisfying of certain financial and servicing requirements of the municipality, and the signing of site plan or subdivision agreements, or any other necessary agreements under the provisions of the Planning Act.

Public Notification

iv)

The public notification policies of Section 19.12. shall not apply to the removal of the holding symbol. A notice of Council's intent to remove the holding symbol shall be given in accordance with the requirements of the Planning Act and associated Regulations. A meeting shall be held at Planning Committee no sooner than seven days after the requirements for giving notice have been complied with Council may direct that public notification and a public meeting be held at the site plan approval stage to assist in encouraging the integration of new development with adjacent land uses. (Clause iv) amended by OPA 438 Dec. 17/09)

Interim Uses

Interim uses permitted in a holding zone may be limited to existing uses that will be compatible with the ultimate use of the land, and certain other uses that may also be compatible. Permitted interim uses shall be stipulated in the Zoning By-law.

19.4.4. Bonus Zoning

Under the provisions of the Planning Act, a municipality may include in its Zoning By-law, regulations that permit increases to the height and density limits applicable to a proposed development in return for the provision of such facilities, services, or matters, as are set out in the By-law. This practice, commonly referred to as bonus zoning, is considered to be an appropriate means of assisting in the implementation of this Plan.

Principle

The facilities, services or matters that would be provided in consideration of a height or density bonus should be reasonable, in terms of their cost/benefit implications, for both the City and the developer and must result in a benefit to the general public and/or an enhancement of the design or amenities of a development to the extent that a greater density or height is warranted. Also, the height and density bonuses received should not result in a scale of development that is incompatible with adjacent uses or exceeds the capacity of available municipal services.

Objectives

ii)

Bonus Zoning is provided to encourage development features which result in a public benefit which cannot be obtained through the normal development process. Bonus zoning will be used to support the City's urban design principles, as contained in Chapter 11 and other policies of the Plan, and may include one or more of the following objectives: (a)

to support the provision of the development of affordable housing as provided for by 12.2.2.

(b)

to support the provision of common open space that is functional for active or passive recreational use;

(c)

to support the provision of underground parking;

(d)

to encourage aesthetically attractive residential developments through the enhanced provision of landscaped open space;

(e)

to support the provision of, and improved access to, public open space, supplementary to any parkland dedication requirements;

(f)

to support the provision of employment-related day care facilities;

(g)

to support the preservation of structures and/or districts identified as being of cultural heritage value or interest by the City of London, in consideration for their designation under the Ontario Heritage Act;

(Clause (g) amended by Ministry Mod. #63 Dec. 17/09)

(h)

to support innovative and environmentally sensitive

development which incorporates notable design features, promotes energy conservation, waste and water recycling and use of public transit; (i)

to support the preservation of natural areas and/or features; and

(j)

to support the provision of design features that provide for universal accessibility in new construction and/or redevelopment.

(Clauses (i) and (j) added by OPA 438 Dec. 17/09)

Implementation

iii)

The Zoning By-law may contain bonus zoning provisions for all forms of development. These provisions will describe the facilities, services or matters that qualify for the density bonus provisions and the extent of the height and density increases that will be received. The Zoning By-law will include bonusing for the provision of day care facilities located in commercial or mixed-use buildings of larger than 1,858 square metres (20,000 square feet) in size by excluding the amount of floor space which is devoted to day care from the floor area ratio calculation. The amount of floor space devoted to day care will also be excluded from the calculation of parking requirements for the building. The Zoning By-law will include bonusing for the provision of transit amenities or facilities provided on-site to a proposed development. The amount of bonus to be provided will be determined by the Zoning By-law based on the type or types of transit amenities or facilities provided in the development. (Clause iii) amended by OPA 438 Dec. 17/09)

Agreements

iv)

As a condition to the application of bonus zoning provisions to a proposed development, the owner of the subject land will be required to enter into an agreement with the City, to be registered against the title to the land. The agreement will deal with the facilities, services, or matters that are to be provided, the timing of their provision, and the height or density bonus to be given.

19.4.5. Temporary Use By-laws

Provided the general intent and purpose of the Official Plan are maintained, Council may pass by-laws to authorize the temporary use of land, buildings or structures for a purpose that is otherwise prohibited by this Plan, for renewable periods not exceeding three years, in accordance with the provisions of the Planning Act.

Enacting Provisions

In enacting a Temporary Use By-law, Council shall have regard for the following matters: (a)

compatibility of the proposed use with surrounding land uses;

19.5.

(b)

any requirement for temporary buildings or structures in association with the proposed use;

(c)

any requirement for temporary connection to municipal services and utilities;

(d)

the potential impact of the proposed use on transportation facilities and traffic in the immediate area;

(e)

access requirements for the proposed use;

(f)

parking required for the proposed use, and the ability to provide adequate parking on-site; and,

(g)

the potential long-term use of the temporary use.

NON-CONFORMING USES This Section pertains to legally-established uses that do not conform to the land use designations and policies of the Official Plan and Zoning By-law. It is neither practical nor appropriate to adopt land use designations and policies that will recognize as permitted uses, all of the land uses in existence, or permitted by existing zoning, at the time of the adoption of the Plan. While the general approach to uses that do not conform to the Official Plan is to encourage their transition to, or replacement by, conforming uses, consideration must also be given to their varying degrees of acceptance and stability and to the hardship that may result if no provision is made for their extension or enlargement.

19.5.1. Recognition in the Zoning Bylaw

A legally established land use which does not conform to the Plan may be recognized as a permitted use in the Zoning By-law where Council is of the opinion that:

Hazardous Substances

The use does not involve hazardous activities or substances that threaten the safety of the surrounding area.

Pollution

ii)

The use does not contribute to air or water pollution problems.

Compatibility

iii)

The use can or has achieved an acceptable measure of compatibility with adjacent uses, is not associated with any building deterioration or lack of property maintenance, and does not interfere with the development of conforming uses in the surrounding area.

Maintenance of Existing Role

iv)

The long-term continuation and any potential expansion of the use will not detract from the general intent of the Official Plan.

Amendments

Recognition of the use in the Zoning By-law is not likely to result in proposals to amend the Plan to allow similar types of uses.

19.5.2. Uses Non-Conforming to the Official Plan

A use which does not conform to the Official Plan, but is recognized as a permitted use in the Zoning By-law, may be allowed to expand or enlarge without the need for an Official Plan Amendment provided the expanded use can meet the following criteria:

Nuisances

The expansion will not add to any air, noise or water pollution problems and does not involve hazardous activities or substances that threaten the safety of the surrounding area.

Compatibility

ii)

The expanded use will continue to achieve an acceptable measure of compatibility with adjacent uses, is not associated with any building deterioration or lack of property maintenance, and does not interfere with the development of conforming uses in the surrounding area.

Maintenance of Existing Role

iii)

The expansion will not detract from the general intent of the Official Plan for the development of the area.

Planning Impact Analysis

iv)

Any expansion or enlargement which increases the required site area of the non-conforming use will be subject to a zone change application and review under the policies of this Plan, including the relevant provisions for Planning Impact Analysis.

19.5.3. Conforming to the Official Plan and Zoning Bylaw

A use which does not conform to both the Official Plan and the Zoning Bylaw should, over the long term, cease to exist, or relocate to an area where it will conform to the Plan.

Expansion or Enlargement

Notwithstanding the general intent of this policy, there may be instances where, to avoid unnecessary hardship, it is desirable and appropriate to allow the expansion or enlargement of a use that does not conform to the Official Plan and Zoning By-law or to allow a change in the use to a similar or more compatible type of activity. Under the provisions of the Planning Act, a proposal to allow the expansion or enlargement of a legal non-conforming use, or to allow a change in a legal non-conforming use may be considered by way of an application to the Committee of Adjustment. Matters to be considered by the Committee in the consideration of such applications are described in policy 19.8.2.

Termination or Relocation

ii)

Where a non-conforming use is clearly incompatible with, or hazardous to adjacent uses, is associated with some form of blight in the surrounding area, or otherwise interferes with the implementation of the Plan, Council may acquire the property to terminate the use or may exchange land to provide for the relocation of the use to a more appropriate area.

19.6.

SUBDIVISION OF LAND

(Section 19.6 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

The process of subdividing land into lots and blocks for various land uses is governed by the Planning Act. Authority for the approval of subdivisions has been delegated by the Province to the Council of the City of London. 19.6.1. Subdivision Review Criteria

Council will evaluate applications for plans of subdivision on the basis of criteria such as, but not limited to, the following:

Plan of Subdivision

The plan of subdivision is consistent with the objectives and policies of the Official Plan, and any applicable area study.

Servicing Availability

ii)

The plan of subdivision can be serviced with available uncommitted population-equivalent reserve capacity in the water and sewage treatment systems, and without requiring an undue financial commitment from the City.

Community Services Availability

iii)

The plan of subdivision can be adequately serviced with and makes suitable provision for municipal services including, but not limited to, public streets, water, storm and sanitary sewers, waste collection and disposal, public utilities, fire and police protection, parks, schools, and other community facilities. (Clause (iii) amended by OPA No. 91 - approved by MMAH 97/04/17)

Noise Levels

iv)

The plan of subdivision will not normally be exposed to excessive noise levels or other significant adverse impacts associated with nearby industrial activities or airport operations.

Negative Impacts

The plan of subdivision is designed to reduce any negative impact on surrounding land uses and the transportation network, (Amended by OPA 438 Dec. 17/09)

Integration

vi)

The plan of subdivision is designed to be integrated with adjacent lands, and, if applicable, to meet the objectives of the City's guideline documents.

Placemaking Design Guildlines

vii)

Energy

viii)

The plan of subdivision will incorporate Placemaking design principles identified in the City of London Placemaking Guidelines as adopted under section 19.2.2. of this Plan. ((OPA 453) The plan of subdivision is designed to support optimization of the available supply, means of supplying, efficient use and conservation of energy. (Added by OPA 438 Dec. 17/09)

Tree Protection and Street Trees

ix)

The plan of subdivision is designed to consider the need for tree preservation reports, and trees that have been identified for protection; and, consider the potential implications for street tree locations in the design of the subdivision.

Natural Heritage System

The Natural Heritage System will be protected from any negative impacts associated with the plan of subdivision.

(Added by OPA 438 Dec. 17/09)

19.6.2. Subdivision Design Guidelines

Council may adopt Subdivision Design Guidelines in accordance with the provisions of policy 19.2.2. regarding guideline documents, to assist in the preparation and evaluation of proposed plans of subdivision.

19.6.3. Draft Plan Approval

As a condition of draft plan of subdivision approval, the Approval Authority may require applicants to satisfy certain conditions prior to final approval and registration of the plan of subdivision, as in the opinion of the Approval Authority are reasonable, having regard to the nature of the development proposed for the subdivision. The applicant may be required to meet conditions of draft approval within a specified time period, failing which, draft plan approval may lapse. To provide for the fulfillment of these conditions and for the installation of services according to municipal standards, the Approval Authority shall require an applicant to enter into a subdivision agreement prior to final approval of the plan of subdivision. (Subsection 19.6.3 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23) (Subsection 19.6.3. amended by OPA 438 Dec. 17/09) If

an applicant has requested an extension to draft plan of subdivision approval the Approval Authority, in considering this request, may apply new conditions or amend existing conditions of draft approval, based on new or updated policies, guidelines and community standards. (Added by OPA 438 Dec. 17/09)

19.6.4. Exemption from Part-Lot Control

In accordance with the provisions of the Planning Act, Council may pass by-laws to exempt all, or parts of registered plans of subdivision from partlot control. Such exemption will eliminate the need for further subdivisions or consents to convey portions of lots within the registered plan of subdivision. Exemption from part-lot control will not be supported for the creation of a private road which serves free-hold lots. (Subsection 19.6.4 amended by OPA No. 91 - approved by MMAH 97/04/17)

19.6.5. Plans of Subdivision Deemed Not Registered

Council may, by by-law, deem any part of a plan of subdivision not to be a registered plan of subdivision, subject to the provisions of the Planning Act.

19.7.

CONSENT AUTHORITY In accordance with the provisions of the Planning Act, Council has delegated the authority to give consents to an officer of the municipality. The Consent Authority deals with applications, under the subdivision and part-lot control provisions of the Planning Act, for consent to the severance of the ownership or rights in use of land by sale and purchase or by mortgage, lease, or other form of agreement for a period of twenty-one years or more.

19.7.1. Applications for Consent

The Consent Authority, when dealing with an application for consent under the subdivision or part-lot control provisions of the Planning Act, shall be satisfied that a plan of subdivision is not necessary for the proper and orderly development of the land. Where the proposed lot(s) and/or the use

for the proposed lot(s) do not conform to the zoning by-law, a provisional consent decision may be given subject to a condition that the applicant apply for a zoning by-law amendment or minor variance relating to the proposed consent to sever and that the decision on the zoning by-law amendment or minor variance application is in full force and effect. (OPA #509)

Development Consent Criteria

When reviewing an application for consent to create a lot(s) for development, the Consent Authority shall also consider the following criteria: (a)

that any lot(s) to be created would conform to the provisions of the Official Plan, Zoning By-law, and any applicable area study or guideline document;

(b)

that the matters which, according to the Planning Act, are to be regarded in the review of a draft plan of subdivision have been taken into account;

(c)

that the size and shape of any lot(s) to be created would be appropriate for the intended use, and would generally conform to adjacent development and to any development agreements registered against the title of the subject land;

(d)

that the creation of any lot(s) would have the effect of infilling an existing developed area where the pattern of land use has been established, and would not have the effect of extending a developed area;

(e)

that the proposed lot(s) would front on, or have access to, an existing public road and would not involve the opening or extension of a public road;

(f)

that the proposed lot(s) would not unduly reduce the accessibility of abutting lands suitable for development;

(g)

that access to the proposed lot(s) would not create traffic problems or hazards and that Official Plan policies regarding road access would be complied with;

(h)

that adequate municipal services and utilities would be available;

(i)

for a consent application pertaining to lands within the Agriculture or Urban Reserve designations, that the lot to be created would conform to policy 9.2.14.; and (Sub-clause (i) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

(j)

for a consent application pertaining to natural features designated as "Open Space" or "Environmental Review" the potential impacts resulting from fragmentation of natural features corridors and linkages will be taken into

consideration. (Sub-clause (j) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

(k)

that potential impacts on components of the Natural Heritage System will be addressed in accordance with the provisions of Section 15.5. (Clause (k) added by OPA 438 Dec. 17/09)

ii)

Where individual on-site wastewater treatment systems are proposed, the Consent Authority shall also consider the following criteria: (a)

the proposed development is consistent surrounding area in terms of pattern and size;

with

the

(b)

the proposed development does not represent an extension to an area for existing development on individual services; and

(c)

the proposed development would not create a precedent for future similar applications on adjacent or nearby lots. (Clause (ii) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Consent Criteria for Free-Hold Lots on Common Element Condominium Roadway

iii)

All developments with free-hold lots must be served by a public street designed to acceptable standards and to the specification of the City. The creation of a non-condominium road to serve new free-hold lots shall be prohibited. Access-ways to free-hold lots as common element condominium roadways can be supported provided it is demonstrated that it can be integrated into a plan of subdivision, it promotes efficient land utilization, and it will serve a maximum of five new free-hold lots. The creation of a common elements condominium roadway may to serve new free-hold lots shall be discouraged, unless it is demonstrated it cannot be integrated into a plan of subdivision, it promotes efficient land utilization, it will be registered as a common elements condominium corporation, and it will serve a maximum of five new lots. Consent for the creation of free-hold lot development on a common elements condominium roadway may be granted only if the following additional criteria are satisfied: (Clause (iii) amended by OPA NO. 273 - approved 03/03/17) (Clause iii) amended by OPA 438 Dec. 17/09)

(a)

the severed and retained parcels comply with the provisions of the implementing Zoning By-law;

(b)

adequate municipal services be available or be provided to the property limit of the development;

(c)

the private common element services within the development connect to available adequate municipal services on a public street;

(d)

the applicant enter into an agreement with the City to address servicing and other development issues;

(e)

there is provision for a safe and dry access for all lots involved;

(f)

the common element roadway is not needed to create local public road connections to existing developed lands or undeveloped lands in the future, based on good land use planning principles; (amended by OPA No. 273 - approved 03/03/17)

(g)

the common element roadway has an adequate width to accommodate the traveled portion of road, boulevards and services for its use, construction and maintenance to permit safe vehicular movements, and has an adequate turning facility of sufficient area to accommodate emergency, delivery and maintenance vehicles consistent with the "Site Plan Control By-law and Policies". (amended by OPA No. 273 - approved 03/03/17) (Clause (g) amended by OPA 438 Dec. 17/09)

(h)

the agreement shall identify, the numbering of units and signage indicating a private roadway, all subject to the approval of the General Manager of Planning and Development; (amended by OPA NO. 273 - approved 03/03/17) (Clause (h) amended by OPA 438 (Dec. 17/09)

(i)

the agreement shall specify that garbage pick-up will be from a central location pad located adjacent to the public street which is easily accessible for the City garbage collection vehicles; (amended by OPA NO. 273 - approved 03/03/17) (Clause i) amended by OPA 438 Dec. 17/09)

(j)

the freehold lots dependent on the common element roadway will be rezoned to include a Holding Zone to prohibit the development of the freehold lots until a common elements condominium corporation is registered on title for the roadway; and

(added by OPA NO. 273 - approved 03/03/17) ( Clause (j) amended by OPA 438 Dec. 17/09) (Clause (iii) added by OPA No. 91 - approved by MMAH 97/04/17) (Clauses (a), (b), (c), (d), (e), (f), (g), (i) and (j) amended by OPA 438 Dec. 17/09)

(k)

private road development which does not result in a common elements condominium corporation being established is prohibited. (Clause (k) added by OPA 438 Dec. 17/09)

Conditions of Approval

iv)

In granting a consent, the Consent Authority may attach conditions, as authorized under the provisions of the Planning Act, including but not limited to: (a)

the dedication of parkland or cash in-lieu-of such dedication;

(b)

the dedication of any road widenings and one foot reserves as may be required by the City;

(c)

fulfillment of any financial requirements of the City;

(d)

a servicing agreement between the land owner and the City pertaining to any extension or upgrading of municipal services required by the City to accommodate the development of a lot created by consent; and

(e)

submission of a registered reference plan to the Consent Authority.

(f)

that the owner of the land enter into one or more agreements with the City dealing with such matters as the Consent Authority may consider necessary. Such agreement(s) may be registered against the land to which it applies and the City is entitled to enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land. (Clause (f) added by OPA 438 Dec. 17/09)

(g)

confirmation that any corresponding zoning by-law amendment or minor variance application has been dealt with and is in full force and effect. (OPA 509)

19.8.

COMMITTEE OF ADJUSTMENT In accordance with the provisions of the Planning Act, Council has appointed a Committee of Adjustment to deal with the following matters:

19.8.1.

(a)

applications to allow a minor variance from the provisions of the Zoning By-law or any other by-law that implements the Official Plan;

(b)

applications to allow the extension or enlargement of a legal nonconforming use; and

(c)

applications to allow a change in the use of buildings or land from a legal non-conforming use to another non-conforming use.

The Committee of Adjustment, when dealing with an application for minor

Minor Variances

Criteria for Reviewing Applications

Conditions

variance, shall be satisfied that the general intent and purpose of the Zoning By-law and the Official Plan would be maintained, and that the variance would be minor in nature and desirable for the appropriate development or use of the land, building or structure. i)

ii)

When reviewing an application for minor variance, the Committee of Adjustment shall also consider the following criteria: (a)

that compliance with the provisions of the Zoning By-law would be unreasonable or impossible and would impose an undue hardship on the applicant;

(b)

that the application deals with circumstances not common to the area and would not create a precedent for similar requests from other property owners;

(c)

that the variance would not cause substantial detriment, hazard or annoyance that would detract from the character or amenity of nearby properties, and would not adversely affect the traffic and parking conditions in the area;

(d)

that a variance adding a new use which is not substantially the same by definition, character or operation as the permitted uses, should not be allowed; and

(e)

that a variance to extend a permitted use into an adjoining zone should allow only the minimum extension necessary to provide for the reasonable and practical use of the property, and should not hinder the reasonable development and/or use of properties in the adjacent zone.

The Committee of Adjustment may attach such conditions as it deems appropriate to the approval of an application for minor variance. Conditions imposed by the Committee of Adjustment may include a requirement that the owner of the land enter into one or more agreements with the City dealing with some or all of the terms and conditions if the requirement is set out in the decision. Such agreement(s) may be registered against the land to which it applies and the City is entitled to enforce the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land. (Clause ii) amended by OPA 438 Dec. 17/09)

19.8.2. Non-Conforming Uses

The Committee of Adjustment, when dealing with an application to allow an extension or enlargement of a legal non-conforming use, or a change in the use of land or a building from a legal non-conforming use to another non-conforming use, shall be satisfied that: (a)

the use has been continuous from the day the Zoning By-law was passed;

Extension, Enlargement of Change in Legal Non-Conforming Use

Conditions of Approval

19.9.

(b)

there will be no expansion of the site or building beyond the limits of the land owned and used on the day the Zoning By-law was passed; and

(c)

permission for the extension, enlargement or change in the nonconforming use is in keeping with the general intent of the Official Plan and with the provisions of Section 19.5; and will not aggravate those aspects of the use that do not conform to the Official Plan and Zoning By-law.

When reviewing an application to allow an extension, enlargement, or change of a legal non-conforming use, the Committee of Adjustment shall also consider the following criteria:

ii)

(a)

that the long-term continuation of the use would be appropriate;

(b)

that the extension, enlargement or change in use is necessary to avoid undue hardship to the applicant;

(c)

that existing municipal services such as water, sewerage and roads will be adequate;

(d)

that there are adequate parking and loading facilities to accommodate the proposed use;

(e)

that the proposed extension, enlargement or change in use will not interfere with desirable development, in adjacent areas, in conformity with the Official Plan and Zoning Bylaw; and

(f)

that the extension, enlargement or change in use would provide for measures that will reduce nuisances, protect adjacent properties, and improve the compatibility of the use with the surrounding area.

The Committee of Adjustment may attach such conditions as it deems appropriate to the approval of an application to extend, enlarge or change a legal non-conforming use.

DEVELOPMENT CONTROL In addition to the Zoning By-law, area studies, and guideline documents, there are other methods Council may use to implement the policies and objectives of the Official Plan. These include the enactment of by-laws dealing with specific matters such as signs, road access, site plan control, interim control, and demolition control.

19.9.1. Interim Control

Where Council has, by by-law or resolution, directed that a study be undertaken regarding its land use planning policies for the City or any

By-laws

defined area or areas thereof, it may pass an Interim Control By-law prohibiting the use of land, buildings or structures within the area defined by the By-law, except for such uses as are set out in the By-law. An Interim Control By-law shall apply for a limited period of time subject to the provisions of the Planning Act.

19.9.2. Site Plan Control

Council shall adopt a by-law to designate the entire area within the corporate limits of the City of London as a Site Plan Control Area. All types of development or redevelopment shall be subject to Site Plan Control provisions with the exception of the operation of licensed pits and quarries, single-detached, semi-detached, or duplex dwellings, and additions or renovations thereto, except those dwellings having only one side yard, or those dwellings constructed as intensification projects considered under section 3.2.3. of this Plan. (Section 19.9.2. amended by OPA 438 Dec. 17/09)

Development or Redevelopment

For the purposes of the Plan, development or redevelopment shall be defined as the construction, erection, or placing of one or more buildings or structures on land, or the making of an addition or alteration to a building or structure that has the effect of substantially increasing its size or usability, or the laying out and establishment of a commercial parking lot.

Requirements

ii)

Plans showing the location of all buildings, structures, and facilities to be developed, and drawings showing plan, elevation, and crosssection views for each building to be erected, will be required as part of the site plan approval process. In accordance with section 40 of the Planning Act, the requirement for the submission of drawings shall also include residential buildings containing less than twenty-five dwelling units, other than those exempted from site plan control by this policy.

Objectives of Site Plan Control

iii)

The intent of site plan control is to improve the efficiency of land use and servicing and to encourage more attractive and compatible forms of development by providing for development which: (a)

implements the City's contained in Chapter 11;

urban

design

principles,

(b)

is functionally integrated with adjacent development to provide for compatibility of design and to minimize impacts on adjacent properties;

(c)

has sites large enough to accommodate the required services and facilities;

(d)

provides for the orderly and safe movement of traffic into and out of private properties with minimum interference to vehicular and pedestrian traffic;

(e)

provides for adequate and accessible parking and loading facilities, and orderly circulation within parking areas; (Amended by OPA 438 Dec. 17/09)

(f)

promotes safe and convenient pedestrian circulation and incorporates accessibility design standards; (Amended by OPA 438 Dec. 17/09)

(g)

provides sufficient illumination for pedestrian security and safety, and for the enhancement of external building design and landscaped open space;

(h)

improves the aesthetics of the site, by providing for open space, screening, landscaping, and the retention of natural features;

(i)

contributes to the function of the site by incorporating, where appropriate, shared access and parking for adjacent properties, and measures to assist in the reduction of stormwater runoff;

(j)

ensures appropriate measures are undertaken to avoid negative impacts on significant natural areas and features. (Added by OPA 438 Dec. 17/09)

(k)

Matters Addressed by Site Plan Control

iv)

Implements Placemaking design principles identified in the City of London Placemaking Guidelines as adopted under section 19.2.2. of this Plan. (OPA #453)

To achieve these objectives, the following matters may be addressed through site plan control: (a)

location, massing, and conceptual design of buildings and structures;

(b)

location and design of vehicular and pedestrian access points;

(c)

location and design of off-street parking and loading facilities;

(d)

facilities for on-site pedestrian and vehicular circulation;

(e)

road widenings, as directed by policy 18.2.7. of the Plan;

(f)

location and design of on-site exterior lighting, landscaping, buffering, fencing, outdoor storage, and garbage disposal facilities;

(g)

measures to minimize any loss of sunlight and privacy to adjacent properties

(h)

location and design of outdoor recreational areas;

(i)

location of external facilities and works;

(j)

easements over, and grading of, lands;

(k)

provisions for stormwater management and drainage; (Sub-clause (k) amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

(l)

facilities designed to have regard for accessibility for persons with disabilities;

(m)

matters relating to exterior design including elements pertaining to character, scale, appearance and design features of buildings and their sustainable design;

(n)

the sustainable design elements on any adjoining highway under the Cityâ&#x20AC;&#x2122;s jurisdiction, including trees, shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities; and

(o)

provision for the City to enter into one or more agreements with applicants, to ensure that development proceeds in accordance with the matters addressed in subsection iv). (Clauses (l) to (o) added by OPS 438 Dec. 17/09)

Public Notification

To assist in encouraging the integration of new development with adjacent land uses, Council may require public notification and a public meeting at the site plan approval stage in connection with: (a)

residential projects developed under the Residential Intensification provisions of Policy 3.2.3., 3.3.1.(vii) and 3.4.1.(vii) of the Plan;

(b)

commercial or mixed-use projects in the Downtown with over 9,290 square metres (100,000 square feet) of gross leasable retail space;

(c)

high density residential and mixed-use projects in the Office-Residential and Multi-Family, High Density Residential designations around the Downtown;

(d)

proposals where bonus zoning may be applied to permit increases in height and density, according to the provisions of policy 19.4.4. of the Plan;

(e)

proposals for new development in Heritage Conservation Districts established according to the policies of Section 13.3. of the Plan;

(f)

proposals for new Regional or Community Shopping Areas, or the significant expansion of existing Regional or Community Shopping Areas;

(g)

proposals where holding provisions in the Zoning By-law stipulate that public notification and public meetings will be required at the site plan approval stage;

(h)

other situations where the location, massing, and conceptual design of new development may significantly affect the character of the surrounding area; and

(i)

vacant land condominiums condominiums.

and

common

elements

19.9.3. Sign Control By-law

Council may prepare and adopt a Sign Control By-law for the purposes of regulating signs in accordance with the provisions of the Municipal Act.

19.9.4. Access By-law

Council may protect the traffic carrying capacity of certain arterial roads or sections of arterial roads by designating them, by by-law, as controlled access roads. The by-law may identify categories of controlled access roads, including those to which access from abutting lands is prohibited without the consent of Council by way of by-law amendment, and others which will be subject to regulations in the by-law to control the number, location, spacing, and function of driveways providing access to, or egress from, abutting properties.

19.9.5. Noise, Vibration and Safety

The development of residential uses on lands in close proximity to the London Airport, rail lines, freeways and provincial highways, industrial, commercial or institutional uses shall have regard for potential impacts from noise, vibration and/or safety concerns and, where a proposed development does not comply with provincial guidelines for acceptable levels of noise, and/or where there is a concern over safety, mitigation measures may be required through the development approval process. (Subsection 19.9.5 amended by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Noise Attenuation

Excessive noise levels from airports, rail lines, high traffic volume roads, industrial, commercial or institutional uses may negatively impact residential land uses. New residential development which is expected to be exposed to noise levels which are above acceptable provincial standards will be required to incorporate noise attenuation measures into the development. (Clause i) amended by OPA 438 Dec. 17/09)

Guideline Document on Noise Areas

(a)

Areas where noise levels may exceed provincial standards and measures for reducing noise levels, may be identified in a guideline document as provided for in Section 19.2.2. of this Plan. This guideline document will be developed in consultation with the Province, affected agencies, rail operators, and the public. Until a guideline document is completed, the City will rely on provincial and agency input

and policy 19.9.6. and 19.9.7. of this Plan to determine potential noise impacts and noise attenuation measures on residential development applications which could be affected by excessive noise levels. Zoning of Noise Areas

(b)

The City's Zoning By-law may place a holding provision on lands which could be affected by excessive noise levels. The holding provision will be removed when the landowner has satisfied the City, in consultation with agencies, that adequate noise attenuation measures have been provided for in any proposed development.

Noise Impact Studies

(c)

Where a development proponent undertakes a noise impact study by a recognized acoustical consultant to determine noise levels and attenuation measures to reduce noise levels to acceptable standards, the City in consultation with the affected agencies, will have regard for these studies, in addition to Policy 19.9.6. and 19.9.7. of this plan, in setting out development conditions.

London Airport Noise Contours

(d)

Development proposals for lands that lie, in whole or in part, within the Noise Exposure Forecast (N.E.F.) contours for London Airport, as shown in Appendix 2, shall comply with the provincial standards associated with those contours.

Rail Line

(e)

Development proposals for lands which may be affected by rail noise levels which exceed maximum provincial standards, will be circulated to the appropriate rail operator for comment. Where the City has adopted a guideline document, the development proposal will be circulated to the appropriate rail operator to clarify which mitigating measures will be included as a condition of approval of the development. Where a guideline document has not been completed the City will rely on provincial and agency input; and input from a qualified consultant for the applicant, to determine potential noise impacts and appropriate attenuation measures. (Section 19.9.5 i) amended by OPA No. 348 - approved 2005/03/07)

Vibration Attenuation

Consultation on Vibration Levels

ii)

Excessive vibration levels from rail lines and industrial uses may negatively impact residential development or vibration sensitive non-residential development. New residential development which is expected to be exposed to ground-borne vibration levels which exceed minimum acceptable provincial standards will be required, where practical, to incorporate attenuation measures into the development. (a)

Development proposals within 120 metres (400 feet) of a rail line or industrial use will be circulated to the Ministry of Environment and any other applicable agency, rail

operator, or the public to identify appropriate attenuation measures required, if any. Guideline Document on Vibration Areas

(b)

Areas which are subject to excessive ground borne vibration may be identified in a guideline document as provided for in Section 19.2.2. of this Plan. This guideline document will be developed in consultation with the Province, affected agencies, rail operator, and the public. Until a guideline document is completed, the City will rely on provincial and agency input to determine attenuation measures for development which could be affected by excessive ground borne vibration levels.

Zoning of Vibration Areas

(c)

The City's Zoning By-law may place a holding provision on lands which have been identified as being subject to excessive ground-borne vibration levels. The holding provision will be removed when the landowner has satisfied the City and the Ministry of the Environment, in consultation with any other applicable agencies, that adequate attenuation measures have been incorporated into the development.

Vibration Impact Studies

(d)

Where a development proponent undertakes a vibration impact study by a recognized ground/borne vibration consultant to determine vibration levels and attenuation measures to reduce vibration levels to acceptable standards, the City and the Ministry of the Environment, in consultation with any applicable agencies, will have regard for these studies in establishing development conditions.

Rail Safety

iii)

All proposed development adjacent to railways shall provide appropriate safety measures such as setbacks, berms and security fencing, to the satisfaction of the City in consultation with the appropriate railway. (Clause iii) replaced by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

Setback from High Pressure Pipelines

iv)

A minimum setback of 20 metres (65 feet) will be provided from the centre of a high pressure pipeline to the nearest wall of a building intended for human occupancy. (Clause iv) added by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

19.9.6. Additional Noise Attenuation Policies for Residential Land Uses Adjacent to Arterial Roads

The following criteria will be applied in the review of all applications for residential development adjacent to an arterial road. These criteria will also be utilized in the review of proposed community plans, as appropriate: 1. Less sensitive land uses, such as commercial, institutional, open space or office uses, will, whenever practical and in conformity with the land use policies of the Official Plan, be sited adjacent to an arterial road to act as a buffer between arterial road noise and sensitive residential uses.

2. High Density Residential and Medium Density Residential uses will, wherever practical, be sited adjacent to an arterial road. This form of development provides for greater flexibility in building orientation thereby allowing front facing buildings with amenity space in the rear. 3. If there is no practical land use alternative, and sensitive land uses must locate adjacent to an arterial road, then subdivision design measures will be encouraged to eliminate the need for noise walls. These subdivision design measures could include, but are not limited to: a.

Subdivisions with window or lay-by streets or service roads;

Subdivisions with rear lanes;

Subdivisions on private service roads.

The main objective of these design measures is to ensure that residential development does not rear or side-lot onto the adjacent arterial roads. 4. If land use planning or alternative subdivision designs cannot reasonably be utilized within the proposed residential subdivision then a noise impact study will be undertaken on behalf of the developer, by an accredited acoustical consultant, to determine: a.

the appropriate noise attenuation mechanism based on future traffic volumes as established in the Transportation Master Plan and Schedule C of the Official Plan, expected road widening and the effect the expected road widening will have on the design of the required noise attenuation measure;

the design specifics of the noise attenuation measure such as height, density/width, location, benefiting lots, and building material.

5. Where noise walls are determined to be the only practical noise attenuation measure, the following will be required: a.

For Multi-Family, Medium and/or High Density Residential development - A common elements condominium corporation will be established for the noise wall. The condominium corporation will ensure that there are adequate funds to pay for the upkeep, maintenance and replacement costs of the noise wall. The requirements of the common elements condominium will be established as

conditions of subdivision approval. b.

For freehold residential development i)

A common elements condominium corporation will be established with all of the properties that directly benefit from the noise wall, as established in the noise study, to be identified as parcels of tied land that are responsible for this common element. The condominium corporation will ensure that there are adequate funds to pay for the upkeep, maintenance and replacement costs of the noise wall. The requirement for a common elements condominium will be established as a condition of subdivision approval; or,

ii)

Other measures approved by Council as conditions of development approval, that achieve key principles of avoiding long term, ongoing and replacement costs to the City and ensuring that costs be borne by those benefiting from the noise wall (including the developer).

The proposed size, height and location of the noise wall will need to address expected future traffic volumes as established in the Transportation Master Plan and Schedule C of the Official Plan;

The proposed noise wall will be constructed of higherquality materials that effectively mitigate noise, are durable and do not detract from the aesthetic of the community;

Where appropriate, the proposed noise wall will be compatible and consistent with other noise walls along the same arterial road, except where existing noise walls are in conflict with the above criteria;

Landscaping will be encouraged on the road-side of noise walls to improve noise wall aesthetics and mitigate the canyon effect. Landscaping materials will be selected which can withstand the harsh growing conditions associated with road allowances flanked by noise walls.

(Subsection 19.9.6 amended by OPA No. 348 - approved 2005/03/15)

19.9.7. Noise Implementation Guidelines

Council, in accordance with section 19.9.2. of the Official Plan, may establish guidelines to further refine and assist with the implementation of noise attenuation policies included in section 19.9.6. The guidelines shall identify the specific responsibilities of the developer and the commenting and approval authorities. They may also address subdivision design standards for window streets, service lanes and lay-by streets that may assist in promoting and encouraging alternative subdivision design

measures. (Subsection 19.9.7 amended by OPA NO. 348 - approved 2005/03/15)

19.9.8. Demolition Control

For the purposes of preventing the premature demolition of residential buildings, Council may prepare and adopt a Demolition Control By-law which shall apply to designated areas of the City in accordance with the provisions of the Planning Act. (Subsection 19.9.6 renumbered to 19.9.8 OPA No. 348 - approved 2005/03/07)

19.9.9. Tree Preservation

Council may encourage the preservation of trees through the use of site plan control as provided for in policy 19.9.2. of the Plan, subdivision approval, as provided for in policy 19.6.1. of the Plan, or through the introduction of a tree cutting by-law. (Subsection 19.9.7 renumbered to 19.9.9 OPA No 348 - approved 2005/03/07)

19.10.

PROPERTY STANDARDS The enforcement of minimum standards for the maintenance and occupancy of individual properties is important to the health, safety, and welfare of City residents and assists in preserving the character of residential areas. A Property Standards By-law requires that buildings be maintained in a structurally sound condition, and provides for the removal of buildings that have deteriorated to the point where rehabilitation is not economically feasible.

19.10.1. Property Standards Bylaw

Subject to the provisions of the Planning Act, Council shall regulate the maintenance and occupancy of property through the adoption and enforcement of a Property Standards By-law.

Sub-Standard Properties

Property owners whose property does not conform to standards in the by-law shall be required to repair and maintain such properties in accordance with those minimum standards.

Coverage

ii)

Minimum standards in the by-law apply to, among other matters, exterior building and property conditions, and interior conditions of buildings and structures, including: (a)

garbage disposal and pest prevention;

(b)

structural buildings;

(c)

services to buildings including plumbing, heating and electricity;

(d)

the adequacy of a building, or unit within a building, for healthy occupancy in terms of sanitation, light, and ventilation; and

(e)

keeping properties free from rubbish, debris, weeds, abandoned or inoperative vehicles, trailers, boats,

maintenance,

safety,

and

cleanliness

mechanical equipment, or building materials. 19.11.

LAND ACQUISITION The acquisition of land by the City for such purposes as open space, flood control, recreation, municipal industrial parks, municipal works or facilities, and community improvement is referred to in the policies of the Plan. The City may acquire land through purchase, expropriation, dedication, land exchange, or other means, and may use such land for the development of different facilities or services for the benefit of the community and its residents. The municipality may also dispose of lands to assist in, or facilitate, the implementation of the objectives and policies of the Plan.

19.11.1. Acquisition and Disposition

Council may acquire, hold and dispose of land for the purpose of implementing the objectives and policies of the Official Plan, and subject to provisions of the Planning Act, the Municipal Act, and other relevant legislation.

19.12.

PUBLIC PARTICIPATION It is essential that individuals and organizations be made aware of various planning proposals and be given the opportunity to express their views on these matters. The policies contained in this Section apply to proposals to adopt or amend the Official Plan, Zoning By-law, community improvement plans, or plans of subdivision. There are also policies to direct public participation for matters such as area studies, guideline documents, certain applications of site plan control, and certain applications for draft plan of condominium approval contained in other parts of the Plan. (amended by OPA No. 273 - approved 03/03/17)

19.12.1. Matters Subject to Public Participation

Planning matters subject to the public participation provisions of this Section of the Plan include proposals to adopt or amend the Official Plan, Zoning By-law, or community improvement plans, proposals for the approval of a plan of subdivision, vacant land condominiums and common elements condominium. Council may also require public participation in connection with applications for site plan approval, as described in policy 19.9.2. of the Plan. (amended by OPA No. 273 - approved 03/03/17) (Section 19.12.1. amended by OPA 438 Dec. 17/09)

19.12.2. Forms of Public Participation

Provisions for public participation shall be appropriate to the nature and scope of the planning matter being addressed. Various forms of public participation which may be used include: delegations at Committees of Council, formal and informal public meetings, development application public liaison replies, open houses, workshops, displays, neighbourhood or city-wide advertising, working committees, task forces, and consultation with neighbourhood ratepayers associations.

19.12.3. Notice of Application

Within fifteen (15) days after an affirmative notice is provided for an application for an application for Official Plan amendment, Zoning By-law amendment, or draft plan of subdivision, the City shall provide notice of the application to the persons and public bodies prescribed under the

Planning Act , and, make the required information and material available to the public. (Section 19.12.2. amended by OPA 438 Dec. 17/09)

19.12.4. Advance Notice of Public Meeting and Open House

A Committee of Council shall hold one or more public meeting(s) at which any member of the public may express their views on a planning proposal(s). In the case of an amendment to the Official Plan, or the adoption or amendment of a community improvement plan or Zoning Bylaw, notification of the initial public meeting shall be given a minimum of ten (10) days prior to the date of the public meeting. For the approval or revision of a plan of subdivision, or a vacant land or common element condominium notification of the public meeting shall be given a minimum of fourteen (14) days prior to the date of the public meeting. (Section 19.12.4 amended by OPA No. 298 - approved 2005/01/31) (Section 19.12.4. amended by OPA 438 Dec. 17/09)

Five Year Review and Development Permit System

In addition to the public meeting(s), if a five-year review of the Plan is being undertaken, or the Plan is being amended in relation to a development permit system, Council shall ensure that at least one open house is held for the purpose of giving the public an opportunity to review and ask questions on the required information and material. If required, an open house shall be held no later than seven (7) days prior to the date of the initial public meeting. (Added by OPA 438 Dec. 17/09)

19.12.5. Manner of Notice Newspaper

Notice of public meetings, open houses and public liaison shall be given by: (Amended by OPA 438 Dec. 17/09)

publication in a local newspaper that, in the opinion of the General Manager of Planning and Development is of sufficiently general circulation in the area adjoining the subject land that it would give the public reasonable notice of the application; and/or (Amended by OPA 438 Dec. 17/09)

Mail or Delivery 19.12.6. Parties Receiving Notice

ii)

prepaid first class mail or personal service delivery.

To the best of the ability of the Municipality, the following individuals and/or groups shall be given public meeting and public liaison notices:

Affected Landowners

every owner of land within the affected site and/or area to which the proposal applies, as shown on the last revised assessment roll;

Secondary Landowners

ii)

every owner of land within 120 metres (400 feet) of the area to which the proposal applies, as shown on the last revised assessment roll; and,

Written Requests

iii)

every person and agency that has given the City Clerk a written request for such notice.

19.12.7.

Where a planning proposal requires changes to both the Official Plan and

Joint Meetings

Zoning By-law, Council may direct a Committee of Council to hold a public meeting to consider the proposed changes jointly. Public notification procedures for such a meeting shall be in accordance with the provisions of policy 19.12.3.

19.12.8. Public Notification and Meetings not Required

Notwithstanding the public notification procedures in Section 19.12., Council may forego public notification and public meeting(s) and may adopt changes in the following instances:

Technical

to correct a minor technical error or omission contained in an amendment which has undergone full public review;

Presentation Format

ii)

to change punctuation or format, alter language, or correct clerical, grammatical, or typographical errors; and

Footnotes

iii)

to insert footnotes or similar annotations to indicate the origin and approval of each provision.

19.13.

MIDDLESEX COUNTY AND NEIGHBOURING MUNICIPALITIES (Preamble deleted by OPA No. 88 - OMB Order No. 2314 - approved 99/12/23)

19.13.1. Liaison

Council will liaise with Middlesex County and neighbouring municipalities on matters of mutual interest and concern.

19.13.2. Development Proposals

Council will liaise with neighbouring municipalities on development proposals or matters which could affect both the City and neighbouring municipalities.

19.14.

PROVINCIAL POLICY STATEMENTS AND OTHER RELEVANT LEGISLATION The Province, from time to time, may issue provincial policy statements, guidelines, and legislation which may have an effect on land use planning matters at the municipal level. The policies of this Section address the role of these documents in the implementation of the Official Plan.

19.14.1. Provincial Policy Statements

In exercising its authority over planning matters addressed by this Official Plan, the decisions of Council: i)

shall be consistent with the policy statements issued under Subsection 3(1) of the Planning Act that are in effect on the date of the decision; and

ii)

shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be;

(Sec. 19.14.1. amended by OPA 438 Dec. 17/09)

Guideline Documents and Areas Studies

iii) Council may initiate amendments to the Official Plan or Zoning Bylaw, and may introduce guideline documents or area studies to implement provincial policy statements introduced in accordance

with the provisions of the Planning Act. (Clause renumbered by OPA 438 Dec. 17/09)

Other Provincial Policy Statements

iv)

Council, in implementing the objectives and policies of the Plan, shall give consideration to additional relevant provincial guidelines and policies which may not have the full status of provincial policy statements introduced under the Planning Act. (Clause iv) renumbered by OPA 438 Dec. 17/09)

19.14.2. Other Relevant Legislation

Council, in implementing the objectives and policies of the Plan, shall have regard to the requirements of the Municipal Act, the Environmental Assessment Act, the Ontario Water Resources Act, the Environmental Protection Act, the Ontario Heritage Act, the Endangered Species Act and other relevant legislation having a bearing on land use planning, and planning-related matters.

19.15.

PLANS OF CONDOMINIUM The process of creating units, common elements and exclusive use common elements through the registration of a condominium description is governed by the Condominium Act and the Planning Act. Authority for the approval of Plans of Condominium has been assigned by the Province to the Council of the City of London.

19.15.1. Standard Condominium Policies

The following policies shall apply to consideration of an application for a standard condominium:

19.15.2. Common Elements Condominium Policies

The following policies shall apply to consideration of an application for a common elements condominium:

19.15.3. Phased Condominium Policies

If the development is to be registered as multiple plans of condominium, the minimum number of units to be included in each condominium shall be ten, or a number adequate to ensure the reasonable, independent operation of the condominium corporation.

Common elements condominium corporations will be permitted unless the City requires public ownership of the lands for purposes of: pedestrian or vehicular access, including any part of a public road allowance; the construction, maintenance and repair of public facilities and services; or safeguarding significant natural features set out in policy 15 of this Plan, or planned trail systems; or, the proposal is otherwise not in the public interest.

ii)

The creation of a new private road common element condominium corporation shall be subject to the consent policies contained in Policy 19.7.1. (iii) of this Plan.

The following policies shall apply to consideration of an application for a phased condominium:

19.15.4. Vacant Land Condominium Policies

The minimum number of units for the initial and final registration shall be ten, or a number adequate to allow for reasonable operation of the condominium corporation should the proposed phases not be constructed or registered as approved in the draft plan;

ii)

The City shall be satisfied that the proposed phasing, in association with statutory easements or otherwise, joint use and maintenance agreements and other mechanisms is satisfactory to ensure the long-term independent operation of the condominium and the remnant land should subsequent phases not be built or registered, or registered as stand-alone condominium corporations.

The following policies shall apply to consideration of an application for a vacant land condominium: i)

The same considerations and requirements for the evaluation of draft plans of subdivision shall apply to draft plans of vacant land condominiums;

ii)

The applicant may be required to provide site development concepts and meet design requirements consistent with the Site Plan Control By-law and Policies as part of the consideration of a draft plan of vacant land condominium;

iii)

Proposals for vacant land condominiums which will result in structures that cross unit boundaries, either horizontally or vertically, will not be supported;

iv)

The registration of a proposed development as more than one vacant land condominium corporation may be permitted if the proposal is supportive of comprehensive development and planning goals. The minimum number of units to be included in each condominium corporation shall be more than adequate to allow for the reasonable, independent operation of the condominium corporation.

19.15.5. Condominium Guidelines

Council may adopt Condominium Guidelines in accordance with the provisions of policy 19.2.2, regarding guideline documents, to assist in the preparation and evaluation of proposed draft plans of condominium.

19.15.6. Conditions

The City may require applicants to satisfy reasonable conditions prior to final approval and registration of the plan of condominium, as authorized under the provisions of subsection 51(25) of the Planning Act. The applicant will be required to meet conditions of draft plan approval within a specified time period, failing which, draft plan approval will lapse. (Added by OPA No. 273 - approved 03/03/17) (Deleted by OPA 438 Dec. 17/09)

19.16 Complete Application

The Planning Act permits a Council or a delegated approval authority to require that a person, public body or applicant who apply, submit or make requests or applications for consents, amendments to the Official Plan, amendments to the Zoning By-law, and approval of plans of subdivision, provide any â&#x20AC;&#x153;other information or materialâ&#x20AC;? that Council or the approval authority considers it may need to provide a basis for sound land use planning decisions in addition to the requirements of the policies of the Official Plan and the Provincial Policy Statement.

19.16.1 Complete Application Provisions

In order to ensure that all the relevant and required information pertaining to a planning application is available at the time of submission of the application to enable Council and its delegated approval authorities to make informed decisions within the prescribed period of time and to ensure that the public and other stakeholders have access to the relevant information earlier in the planning process, any or all the following provisions may be requested from applicants who apply, submit or make requests or applications for consents, amendments to the Official Plan, amendments to the Zoning By-law, and approvals of plans of subdivision, including condominiums. In all instances the number and the scope of studies to be required for the submission of a complete application should be appropriate and in keeping with the scope and complexity of the application. For applications that may be considered simple or minor in nature, little, if any, additional information may be required. (OPA 430/November 5, 2007)

19.16.2 Reports and Studies

Council and its delegated approval authorities may require reports and studies as part of a comprehensive planning application package referred to as a complete application. The reports and studies are intended to provide additional information pertaining to a subject site and the areas adjacent to it to assist Council and its delegated approval authorities to evaluate an application. Council and its delegated approval authorities may require that a person requesting an amendment to the Official Plan, applying for an amendment to the Zoning By-law, applying for approval of a plan subdivision, or makes an application for a consent to sever, provide any other information or material that Council or its delegated approval authorities consider they may need. Therefore, these broad categories of reports and studies are not intended to preclude Council and its delegated approval authorities from requiring additional reports and studies that may be identified during the planning process if circumstances necessitate the need for such information as part of the decision making process. The more specific scoping of reports and studies to be submitted by an applicant will be identified at the Consultation Meeting.

Reports/Studies to address Environmental and Natural Matters

The submission of reports and studies related to environmental and natural matters is to identify and assess the environments and natural features and functions related to the subject site, including surface and subsurface features, and to ensure that any potential impacts resulting from a proposed development and/or change in land use on the identified environmental and natural features and functions are mitigated, and to demonstrate consistency with the policies of Chapter 8 â&#x20AC;&#x201C; Open Land Use Designation and/or Chapter 15 â&#x20AC;&#x201C; Environmental Policies of this Plan. The required reports/studies are to identify the environmental and natural features and functions which may be affected by the proposed development and/or change in land use; identify the areas that are to be employed as a buffer to protect the environmental and/or natural features and functions from the proposed development and/or change in land use; and identify any other mitigative measures to be undertaken to protect the environmental and natural features and functions from any potential impacts associated with the proposed development and/or change in land use.

Reports/Studies to address Transportation Matters

ii)

The submission of reports and studies related to transportation matters is to determine if a proposed development and/or change in land use can be accommodated by the transportation network, what changes to the transportation network, if any, are required to accommodate the proposed development and/or change in land use, and to ensure that any potential impacts on the surrounding land uses are mitigated, and demonstrate consistency with the policies of Chapter 18 â&#x20AC;&#x201C; Transportation of this Plan. The required reports/studies are to determine what potential impacts may be associated with a proposed development and/or change in land use on the transportation network or an surrounding land uses, whether it can be accommodated within the design parameters of the transportation network, and to identify any new transportation infrastructure and lands that may be required external to the proposed site. The require report/studies must also identify whether, and if so, how, the proposed development and/or change in land use will be serviced by transit including an analysis of the implications to London Transit Commission. Where new transportation infrastructure and/or lands are required or an expansion of the existing transportation infrastructure is necessary to accommodate a proposed development and/or change in land use, the transportation reports/studies will demonstrate that the improved transportation infrastructure will be adequate to accommodate all modes of transportation in efficient manner and minimizes potential impacts on surrounding uses.

Reports/Studies to address Servicing and Infrastructure Matters

iii) The submission of reports and studies related to servicing and infrastructure matters is to ensure that a proposed development and/or change in land use can be supported by adequate municipal water, sanitary sewer, and stormwater management services, and must also demonstrate consistency with the policies of Chapter 17 – Services and Utilities of this Plan. The required reports/studies are to demonstrate that the existing servicing infrastructure is sufficient to accommodate the proposed development and/or change in land use or that the lands can be reasonably serviced by the extension of existing infrastructure and to identify any new servicing infrastructure and lands that may be required external to the proposed site. Where new servicing infrastructure and or lands are required or an expansion of the existing infrastructure is necessary, the servicing and infrastructure reports/studies must also identify how the requirements, if any, under the environmental Assessment Act are to be addressed. The initiation of the Integration Provision of the MEA Municipal class Environmental Assessment may also be required.

Reports/Studies to address Financial Matters

iv) The submission for reports and studies related to financial matters is to demonstrate that a proposed development and/or change in land use will not have an undesirable or unanticipated financial impact on the City of London. The required reports/studies are to identify the short-term and long-term costs to the City of London for the provision of municipal infrastructure and services required to support a proposed development and /or change in land use and an estimate of anticipated revenues arising from a proposed development and /or change in land use.

Reports/Studies to address Cultural and Design Matters

The submission of reports and studies related to cultural and design matters are to demonstrate that a proposed development and/or change in land use will have a positive impact on the City’s public realm, and must demonstrate consistency with the policies of Chapter 11 – Urban Design Principles and Chapter 13 – Heritage resources Policies of this Plan. The required reports/studies are to demonstrate how a proposed development and/or change in land sue will have a positive impact on neighbouring built heritage, is sensitive to archaeological issues, is designed in a manner that enhances the local built form and/or natural environment, and is consistent with approved urban Design Guidelines.

Reports/Studies to address Planning Matters

vi) The submission of reports and studies related to local and provincial planning matters is to ensure that a proposed development and/or change in land use is consistent with Council Policies and the Provincial Policy Statement and provides an integrated approach to land use planning. The required reports/studies are to specifically address how a proposed development and/or a change in land use is consistent with the Provincial Policy Statement. The reports/studies must also demonstrate that the proposed development and/or a change in land use is consistent with Official Plan policies. Where applicable, the reports/studies will also address consistency with an Area Plan and Guideline Documents that have been adopted by City Council.

Reports/Studies to address Nuisance and Hazard Matters

vii) The submission of reports and studies related to nuisance and hazard matters is to demonstrate that residents or users of a proposed development and/or change in land use are buffered from nuisances related to noise, dust, odour, vibration, and contamination/fill, and to reduce the potential for public cost or risk to future residents resulting from natural and human-made hazards. The reports/studies must also demonstrate consistency with the policies of Chapter 15 â&#x20AC;&#x201C; Environmental Policies and Chapter 19 â&#x20AC;&#x201C; Implementation of this Plan. The required reports/studies are to identify all of the potential nuisance issues and natural/human-made hazards which may impact the proposed development and/or change in land use, identify the areas that area to be employed as a buffer between the nuisance issues and natural-human-made hazards and the proposed development and/or change in land use, and identify any other measures to be undertaken to mitigate the impacts associated with the nuisance issues and natural/human-made hazards from the proposed development and/or change in land use.

Reports/Studies to address Agricultural Matters

viii) The submission of reports and studies related to agricultural matters is to identify and assess any agricultural features that may be affected by a proposed development and/or change in land use, including surface and subsurface features, and to ensure that any potential impacts resulting from a proposed development and/or change in land use on the surrounding agricultural features are mitigated. The reports/studies must also demonstrate consistency with the policies of Chapter 9 â&#x20AC;&#x201C; Agricultural, Rural Settlement and Urban Reserve Land Use Designations of this Plan. The required reports/â&#x20AC;&#x2122;studies are to identify the agricultural features which may be affected by the proposed development and/or change in land use; identify the areas that are to be

employed as a buffer between the proposed development and/or change in land use and adjacent agricultural features; demonstrate that the proposed development and/or change in land use will be accommodated in an efficient manner; and identify any other mitigative measures to be undertaken to ensure minimal potential impacts on surrounding agricultural features. 19.16.3 Bibliography of Resources

All information and material that was provided to the municipality in support of an application must be listed in a Bibliography of Resources to clearly outline what information was made available to Council prior to a decision being made.

19.16.4 Record of Consultation

Council may, by by-law, require a Consultation Meeting. The purpose of the Consultation Meeting is to allow the applicant to discuss with Municipal Staff matters pertaining to the application. Through these discussions, Municipal Staff will have the opportunity, in consultation with the applicant, to outline the information and materials that the applicant will be required to submit concurrently with the application. If a Consultation Meeting occurs, it shall be completed prior to the submission of an application. The specific reports/studies that are required to be submitted together with the application will be identified at the Consultation Meeting.

19.16.5 Application Information Requirements

In addition to the prescribed information required by the Planning Act, and the other information outlined in Section 19.6. of this Plan, additional information and materials may be required by the City to assist in understanding, evaluating and making recommendations on the application, and to ensure that sufficient information in an appropriate format can be made available to the commenting agencies and the public, and to the Council and its delegated approval authorities. Detailed information requirements will be as set out in the relevant application forms.

19.16.6 Concurrent Application Provisions

In addition to the prescribed information required by the Planning Act, and the other information outlined in Section 19.16. of this Plan the City may, through the Consultation Meeting, identify applications that are required to be submitted concurrently, to ensure that Council and its delegated approval authorities can properly evaluate the applications and make consistent and appropriate decisions.

19.16.7 Electronic Submissions

All information must be submitted in both electronic format and hard copy format so that it may be more easily made available for review. (OPA 430)

20.

SECONDARY PLANS (Chapter 20 added to Official Plan by OPA #501)

20.1

INTRODUCTION Secondary Plan policies and schedules, adopted pursuant to Section 19.2.1 of this Plan, will provide guidance and direction for the review and consideration of planning applications for specific geographic areas of the City. These Secondary Plans will include policies and land use and other schedules developed through the planning process, and will be adopted through an Official Plan amendment. The lands subject to the policies of Chapter 20 are delineated on Schedule “D” – Planning Areas. Where warranted on the basis of a Secondary Plan review, lands may be added to Schedule “D” – Planning Areas through amendments to the Official Plan.

20.1.1 Identification of Secondary Plan Areas

Schedule A – Land Use, will identify general land use designations for lands within identified Secondary Plan areas. More specific land use designations and associated policies may be established through the Secondary Plan. Schedule “D” – Planning Areas, will identify those geographic areas that are subject to Secondary Plans.

20.2

LIST OF ADOPTED SECONDARY PLANS The City may adopt new Secondary Plans by amendment to this Plan, and add these Secondary Plan areas to Schedule “D” – Planning Areas, in accordance with the provisions of Section 19.2 of the Official Plan. The following Secondary Plans have been adopted by Council: i)

20.3

ADOPTED SECONDARY PLANS The following Secondary Plans have been adopted by Council through Official Plan amendment. These Secondary Plans are attached in their entirety.

(i)

TABLE OF AMENDMENTS INCLUDED IN THIS CONSOLIDATION 1*

3♦

5♦

7♦

10♦

11♦

12!

13*

14!

15*

16*

17*

18!

19!

20*

21♦

22†

23*

24!

25*

26*

27!

28*

29*

30!

31†

32 Partial

33†

34*

35*

36*

37*

38*

39*

41♦

42*

43*

44 -DEL

45†

46*

47*

48*

49†

50♦

51!

52*

53*

54†-WES

55!

56*

57*

58†-WES

59 -LON

60!

61†-WES

62!

63!

64*

65*

66†-LON

67*

68!

69!

70*

71†

72*

73†

74*

75*

76!

77†-WES

78*

79!

80*

81*

82!

83!

84♦

85!

86*

87*

88†

89*

90†

91!

92*

93*

94*

95!

96*

97†

98*

99!

100†

101 -LON

102*

103*

104*

105*

106*

107 -NDOR

108 -NDOR

109*

110*

111!

112*

113*

114!

115♦

116*

117*

121*

122!

123 -LON

124*

125*

126*

127*

128*

129†

130†

131†

132 -WES

133*

134*

135*

136†-WES

137†-WES

138*

139†

140 -WES

141!

142†

143 -WES

144†

145*

146!

147!

148†

149†

150†-LON

151†

152†

153*

154*

155*

156 -WES

157*

158†

159†

160!

161*

162†

163†

164†

165*

166*

167 -WES

168 -WES

169*

170*

171*

172*

173!

174†

175†-WES

176!

177!

178 -LON

179*

180†

181†

182*

183*

184*

185†

186†

187*

188*

189*

190*

191!

192*

193† Partial

194*

195*

196*

197†

198†

199*

200!

201!

202*

203*

204*

205!

206*

207!

208†

209*

210*

211!

212!

213!

214*

215!

216!

217!

218!

219*

220*

221*

222†

223*

224!

225*

226!

227*

228*

229!

230!

231!

232*

233*

234*

235*

236†

237*

238*

239!

240*

241!

242*

243*

244†

245!

247!

248*

249♦

250!

251*

252*

253*

254*

255*

256*

257*

258!

259!

260!

261*

262*

263*

264*

265*

266*

267!

268!

269!

270*

KEY:

* †

! ♦

Map change only Map and text change Text change only Repealed or Deleted

DEL LON NDOR WES

Delaware NOTE: Blank boxes in this chart indicate that the London amendment is not yet in force; its status can North Dorchester be determined by contacting the City Clerk’s Westminster Office at 519-661-2500, ext. 5756.

DISCLAIMER: This publication represents an Office Consolidation only of the City of London Official Plan as amended up to and including January 1, 2006 prepared by the City Clerk; and is not to be construed as an enactment of the Municipal Council.

(ii)

TABLE OF AMENDMENTS INCLUDED IN THIS CONSOLIDATION 271*

272!

273!

274*

275*

276!

277*

278*

279!

280*

281*

282*

283*

284*

285*

286*

287♦

288*

289†

290†

291*

292♦

293*

294*

295*

296!

297♦

298†

299♦

300*

301!

302!

303*

304*

305*

306†

307*

308!

309*

310*

311♦

312*

313*

314*

315!

316*

317!

318*

319*

320*

321*

322*

323†

324*

325*

326!

327*

328♦

329†

330*

331*

332†

333*

334*

335†

336*

337*

338*

339!

340*

342*

343!

344*

345*

346*

347!

348!

349*

350*

351!

352*

353!

354†

355!

356*

357*

358†

359¶

361*

362¶

363!

364†

365*

366*

367†

368!

371*

372!

373!

374!

375*

376*

377*

378*

381*

382!

383*

384*

385*

386*

387*

392*

393*

394*

395!

396!

397*

398*

399!

404*

405*

406♦

407*

408*

409!

410!

413!

414*

415!

416*

417*

418!

419*

420*

423!

424*

391* 401! 411*

412*

421*

KEY:

* †

! ♦ ¶

Map change only Map and text change Text change only Repealed or Deleted Referred back

DEL LON NDOR WES

379♦ 389!

390!

FANSHAWE PARK RD E

WINDERMERE RD

GAINSBOROUGH RD

HDA

SI ONER

BRAD

LEY

RI V

AVE

12 OL D VI

N GR

O VE

DING MAN DR

TO N RD

WES TM

INST

WILT O

CT ORIA

GORE RD

S RD E

WELLI NG

ER D R

DECKER DR

SCO T LA

WHI TE O

14 DR

WEBBER BRNE

BRAD Y

REAGAN BRNE

MAN NIN

URY AV

Y WH ITE D R

H DR

HI G HB

HARR

ORT

CT ORIA

WONDERLAND RD S

GL AN W

ND D R

OL D VI

AK RD

LITTLEWOOD DR

SOUTHMINSTER BRNE

I LT

WONDERLAND RD S

COLO NEL TALBO T RD

HA M

S DE ST ADEL AI

R RD

MURRAY RD

HW Y 40 2

LE R DE

AK RD

EXET E

LONGWO ODS RD

SHARON RD

JACKSO N RD

SO U T

POND MILLS RD

CO M M IS

G TO N

WHITE O

ICK RD

OO D LA NE

A WH

R FE

TRAFALGAR ST

WELLI N

LE R DW

BO STW

HO M EW

PACK RD

RIDOUT ST S

HDA

WAVELL ST

G DR

The Official Plan policies consist of the text found in Sections I – V of the Official Plan (with the exception of the explanatory statements shown in italic type which are provided only to assist in the understanding of the policies) and the maps found in Schedules “A” – “D”. Schedules “A” – “D” must be read in conjunction with the text of the Official Plan Working Consolidation

CRUMLIN SDRD

ADELAIDE ST S

RD SO U T

UNT

O TH

CLARKE RD

HORTON ST E

BO LER

WESTDEL BRNE

VISC O

DUNDAS ST

KING ST

YORK ST

K DR

SECOND ST

G BAN

QUEENS AVE

EGERTO N ST

SPRIN

OXFORD ST E

QUEBEC ST

HURON ST

ADELAIDE ST N

COLBORNE ST

ROBIN'S HILL RD

CHEAPSIDE ST

TALBOT ST

RIVERSIDE DR

IF FE

LINE

NCL

IS S

WHA R

N BA SE

PLATT'S LANE

BYRO

ELVIAGE DR

- LANDUSE -

KILALLY RD

HURON ST

ER N

WONDERLAND RD N

WES T

HYDE PARK RD

SARNIA RD

OXFORD ST W

SANATO RIUM RD

WOODHULL RD

D GI

HIGHBURY AVE N

FANSHAWE PARK RD W

SUNNING DALE RD E

RICHMOND ST

SUNNINGDALE RD W

INDEX MAP for SCHEDULE A

September 16, 2011 Incorporates the following Approved Amendments which include map changes: 1 25 38 57 75 93 105 125 144 160 172 185 203 222 238 253 266 283 295 312 324 337 358 377 404 419 436 465 489

8 26 39 64 78 94 106 128 145 161 174 187 204 223 239 254 270 284 298 313 325 338 361 378 405 420 438 466 490

9 28 42 65 80 96 109 131 148 162 178 188 205 225 240 255 271 286 300 314 327 340 364 380 407 424 440 467 492

13 29 43 67 81 97 110 133 149 163 179 190 206 227 242 256 274 288 303 316 331 342 365 381 408 425 447 468 493

15 31 46 70 86 98 112 134 153 164 180 192 208 228 243 257 275 289 304 318 332 343 367 384 411 426 449 472 495

16 32 47 71 87 100 113 135 154 165 181 193 210 232 244 261 277 290 305 319 333 345 370 391 412 427 454 473 499

17 34 48 72 88 102 116 137 155 166 182 194 214 233 248 263 280 291 307 320 334 349 371 392 414 428 455 475 500

20 35 49 73 89 103 117 138 157 168 183 195 220 234 251 264 281 293 309 321 335 354 375 394 416 431 459 478 502

22 37 52 74 92 104 121 142 158 169 184 199 221 235 252 265 282 294 310 323 336 356 376 397 417 435 463 485 504

FANSHAWE PARK RD E

WINDERMERE RD

GAINSBOROUGH RD

HDA

BRAD

LEY

RI V

AVE

O VE

DING MAN DR

TO N RD

WES TM

INST

N GR

CT ORIA

WILT O

ER D R

WHI TE O

SCO T LA

14 WEBBER BRNE

CT ORIA

BRAD Y

REAGAN BRNE

MAN NIN

URY AV

Y WH ITE D R

H DR

HI G HB

HARR

ORT

ND D R

OL D VI

AK RD

WONDERLAND RD S

GL AN W

G DR

Working Consolidation

September 16, 2011

OL D VI

GORE RD

S RD E

WELLI NG

DECKER DR

LITTLEWOOD DR

SOUTHMINSTER BRNE

WONDERLAND RD S

COLO NEL TALBO T RD

I LT

S DE ST ADEL AI

R RD

MURRAY RD

HW Y 40 2

HA M

SI ONER

LE R DE

AK RD

EXET E

LONGWO ODS RD

SHARON RD

JACKSO N RD

SO U T

CRUMLIN SDRD

TRAFALGAR ST

POND MILLS RD

CO M M IS

IF F

G TO N

WHITE O

ICK RD

OO D LA NE

N AR

WAVELL ST

WELLI N

LE R DW

BO STW

HO M EW

PACK RD

RIDOUT ST S

HDA

O TH

CLARKE RD

ADELAIDE ST S

RD SO U T

UNT

SECOND ST

HORTON ST E

BO LER

WESTDEL BRNE

VISC O

DUNDAS ST

EGERTO N ST

SPRIN

QUEENS AVE

KING ST

YORK ST

OXFORD ST E

QUEBEC ST

K G BAN

HURON ST

ADELAIDE ST N

COLBORNE ST

RIVERSIDE DR

ROBIN'S HILL RD

CHEAPSIDE ST

TALBOT ST

IF FE

LINE

NCL

IS S

WHA R

N BA SE

PLATT'S LANE

BYRO

ELVIAGE DR

NATURAL HERITAGE FEATURES

KILALLY RD

HURON ST

ER N

WONDERLAND RD N

WES T

HYDE PARK RD

SARNIA RD

OXFORD ST W

SANATO RIUM RD

WOODHULL RD

D GI

HIGHBURY AVE N

FANSHAWE PARK RD W

SUNNING DALE RD E

RICHMOND ST

SUNNINGDALE RD W

INDEX MAP for SCHEDULE B-1

Incorporates the following Approved Amendments which include map changes: 42 180 233 307 350 385 475

88 181 238 309 352 392 483

90 182 243 312 354 407 492

121 189 263 319 364 419 504

131 192 286 322 366 425

158 193 289 323 375 427

162 208 293 333 377 438

163 220 303 335 380 440

164 227 306 346 383 468

FANSHAWE PARK RD E

WINDERMERE RD

GAINSBOROUGH RD

HDA

BRAD

LEY

RI V

AVE

O VE

DING MAN DR

TO N RD

WES TM

INST

N GR

CT ORIA

WILT O

ER D R

WHI TE O

SCO T LA

14 WEBBER BRNE

CT ORIA

BRAD Y

REAGAN BRNE

MAN NIN

URY AV

Y WH ITE D R

H DR

HI G HB

HARR

ORT

ND D R

OL D VI

AK RD

WONDERLAND RD S

GL AN W

G DR

Working Consolidation

September 16, 2011

OL D VI

GORE RD

S RD E

WELLI NG

DECKER DR

LITTLEWOOD DR

SOUTHMINSTER BRNE

WONDERLAND RD S

COLO NEL TALBO T RD

I LT

S DE ST ADEL AI

R RD

MURRAY RD

HW Y 40 2

HA M

SI ONER

LE R DE

AK RD

EXET E

LONGWO ODS RD

SHARON RD

JACKSO N RD

SO U T

CRUMLIN SDRD

TRAFALGAR ST

POND MILLS RD

CO M M IS

IF F

G TO N

WHITE O

ICK RD

OO D LA NE

N AR

WAVELL ST

WELLI N

LE R DW

BO STW

HO M EW

PACK RD

RIDOUT ST S

HDA

O TH

CLARKE RD

ADELAIDE ST S

RD SO U T

UNT

SECOND ST

HORTON ST E

BO LER

WESTDEL BRNE

VISC O

DUNDAS ST

EGERTO N ST

SPRIN

QUEENS AVE

KING ST

YORK ST

OXFORD ST E

QUEBEC ST

K G BAN

HURON ST

ADELAIDE ST N

COLBORNE ST

RIVERSIDE DR

ROBIN'S HILL RD

CHEAPSIDE ST

TALBOT ST

IF FE

LINE

NCL

IS S

WHA R

N BA SE

PLATT'S LANE

BYRO

ELVIAGE DR

NATURAL RESOURCES AND NATURAL HAZARDS

KILALLY RD

HURON ST

ER N

WONDERLAND RD N

WES T

HYDE PARK RD

SARNIA RD

OXFORD ST W

SANATO RIUM RD

WOODHULL RD

D GI

HIGHBURY AVE N

FANSHAWE PARK RD W

SUNNING DALE RD E

RICHMOND ST

SUNNINGDALE RD W

INDEX MAP for SCHEDULE B-2

Incorporates the following Approved Amendments which include map changes: 42 180 233 307 350 385 468

88 181 238 309 352 392 475

90 182 243 312 354 407 484

121 189 263 319 364 419 498

131 192 286 322 366 425

158 193 289 323 375 427

162 208 293 333 377 438

163 220 303 335 380 440

164 227 306 346 383 456

FANSHAWE PARK RD E

WINDERMERE RD

GAINSBOROUGH RD

SOU

TH D A

GORE RD

S RD E

L EY

O VE

DING MAN DR

TO N RD

WES TM

INST

June 4, 2012

AVE

Incorporates the following Approved Amendments which include map changes: 2 158 206 278 316 364 489

23 170 208 285 318 380 494

N GR

Working Consolidation

CT ORIA

WILT O

OL D VI

RI V

N RD

ST S

BRAD

WELLI NG

ER D R

DECKER DR

SCO T

WHI TE O

14 WEBBER BRNE

Y DR

BRAD REAGAN BRNE

MAN NIN

URY AV

Y WH ITE D R

H DR

HI G HB

HARR

ORT

CT ORIA

WONDERLAND RD S

GL AN W

LAND

OL D VI

AK RD

LITTLEWOOD DR

SOUTHMINSTER BRNE

WONDERLAND RD S

COLO NEL TALBO T RD

MURRAY RD

HW Y 40 2

I LT

DE ADEL AI

ER R

HA M

SI ONER

LE R DE

AK RD

EXET

LONGWO ODS RD

SHARON RD

CRUMLIN SDRD

JACKSO

IF F

TRAFALGAR ST

POND MILLS RD

CO M M IS

N AR

WHITE O

OO D LA NE

BOSTW ICK RD

HO M EW

PACK RD

G TO N

RD W

WAVELL ST

WELLI N

A LE

RIDOUT ST S

TH D

T RD

O TH

CLARKE RD

ADELAIDE ST S

D SOU

OUN

SECOND ST

HORTON ST E

BOLER R

WESTDEL BRNE

VISC

DUNDAS ST

EGERTO N ST

SPRIN

QUEENS AVE

KING ST

YORK ST

OXFORD ST E

QUEBEC ST

K G BAN

HURON ST

ADELAIDE ST N

COLBORNE ST

RIVERSIDE DR

ROBIN'S HILL RD

CHEAPSIDE ST

TALBOT ST

IF FE

LINE

NCL

IS S

WHA R

N BA SE

PLATT'S LANE

BYRO

ELVIAGE DR

TRANSPORTATION CORRIDORS

KILALLY RD

HURON ST

ER N

WONDERLAND RD N

WES T

HYDE PARK RD

SARNIA RD

OXFORD ST W

SANATO RIUM RD

WOODHULL RD

D GI

HIGHBURY AVE N

FANSHAWE PARK RD W

SUNNING DALE RD E

RICHMOND ST

SUNNINGDALE RD W

INDEX MAP for SCHEDULE C

G DR

36 171 209 286 323 386 497

53 180 219 289 324 400

88 181 222 290 330 421

121 184 228 293 334 427

125 193 237 298 335 464

128 196 240 306 354 467

131 197 263 309 358 487

FANSHAWE PARK RD E

WINDERMERE RD

GAINSBOROUGH RD

SO U T

HDA

SI ONER

BRAD

LEY

RI V

AVE

O VE

DING MAN DR

TO N RD

WES TM

INST

N GR

CT ORIA

WILT O

ER D R

WHI TE O

SCO T LA

14 WEBBER BRNE

CT ORIA

BRAD Y

REAGAN BRNE

MAN NIN

URY AV

Y WH ITE D R

H DR

HI G HB

HARR

ORT

ND D R

OL D VI

AK RD

WONDERLAND RD S

GL AN W

G DR

Working Consolidation

September 16, 2011

OL D VI

GORE RD

S RD E

WELLI NG

DECKER DR

LITTLEWOOD DR

SOUTHMINSTER BRNE

I LT

WONDERLAND RD S

COLO NEL TALBO T RD

HA M

S DE ST ADEL AI

R RD

MURRAY RD

HW Y 40 2

LE R DE

AK RD

EXET E

LONGWO ODS RD

SHARON RD

JACKSO N RD

IF F

POND MILLS RD

WHITE O

ICK RD

OO D LA NE

N AR

CO M M IS

BO STW

HO M EW

PACK RD

G TO N

LE R DW

TRAFALGAR ST

CRUMLIN SDRD

WAVELL ST

WELLI N

HDA

RIDOUT ST S

SO U T

UNT

O TH

CLARKE RD

ADELAIDE ST S

BO LER

WESTDEL BRNE

VISC O

SECOND ST

HORTON ST E

DUNDAS ST

EGERTO N ST

SPRIN

QUEENS AVE

KING ST

YORK ST

OXFORD ST E

QUEBEC ST

K G BAN

HURON ST

ADELAIDE ST N

COLBORNE ST

RIVERSIDE DR

ROBIN'S HILL RD

CHEAPSIDE ST

TALBOT ST

IF FE

LINE

NCL

IS S

WHA R

N BA SE

PLATT'S LANE

BYRO

ELVIAGE DR

PLANNING AREAS

KILALLY RD

HURON ST

ER N

WONDERLAND RD N

WES T

HYDE PARK RD

SARNIA RD

OXFORD ST W

SANATO RIUM RD

WOODHULL RD

D GI

HIGHBURY AVE N

FANSHAWE PARK RD W

SUNNING DALE RD E

RICHMOND ST

SUNNINGDALE RD W

INDEX MAP for SCHEDULE D

Incorporates the following Approved Amendments which include map changes: 88

232

325

370