December 5, 2024 Ms. Pooneh…

December 5, 2024

Ms. Pooneh Derakhshan
Municipal Services Office - Western Ontario
659 Exeter Road, Floor 2
London, ON N6E 1L3

Submitted via ERO website.

RE: APPROVAL TO AMEND A MUNICIPALITY’S OFFICIAL PLAN
CITY OF LONDON OPA 124

On behalf of my client, IN8 Developments, and further to our discussion, please accept this correspondence with regards to the Ministry’s review of Official Plan Amendment No. 124 which was adopted by the City of London earlier this year. As you are aware, the purpose of OPA 124 and the corresponding amendments to the City’s Zoning By-Law was to “update policies on building heights, introduce new Transit Villages, and designate Strategic Growth and Major Shopping Areas to enhance housing and economic development.” I understand Ministerial approval of this amendment is required given that the planning exercise related to planning permissions within the City’s identified Protected Major Transit Station Areas.

As detailed in this later in this letter, by way of a Council modification, significant changes to the recommended planning instruments were made at the September 24, 2024 meeting of Council contrary to the recommendations of municipal planning staff and the City’s retained consulting team SVN. In advance of the council decision, I closely monitored the City’s height study and the technical work retained by its consulting team (lead by SVN Architect) which aimed to establish a flexible and responsible growth framework for several of the City’s priority growth areas, most of which are located along the planned Bus Rapid Transit corridor.

The staff recommended policy and regulatory changes aimed to facilitate more context appropriate infilling of these areas while ensuring appropriate development standards are applied and incorporated into new developments. Throughout the process, my client was supportive of the overarching purpose of the exercise, the retention of the Rapid Transit Corridor place type /land use designation in the City’s Official Plan, and the application of new Transit Station Area Two (TSA-2) zoning on their lands at the property municipally known as 200 Albert Street, London which would have allowed for building heights of up to 25 storeys, if approved.

My client’s property is located just west of Richmond Street and currently contains a surface parking lot within close proximity to future planned BRT station stops as well as existing transit services. This area of the city has seen considerable redevelopment and redevelopment proposals in the past years, due largely to the forthcoming BRT system and the pronounced need for new and diverse housing options in the central areas of the City of London. My client previously obtained approval for a site specific Zoning By-Law Amendment for the subject property in order to permit a 16 storey building, and was supportive of the additional height and density that the proposed OPA 124 contemplated TSA2 zoning.

Recognizing the proposed application of the TSA2 zoning to the subject property, my client participated in a Pre-Submission Consultation process to in early fall of this year to develop the site in accordance with the new regulations. The proposal contemplated the development of a 25 storey apartment building on the subject property, which will include a total of 445 units. A copy of the architectural drawing package and accompanying cover letter for this pre-consultation record are attached as Appendix A and B respectively. Comments from staff were provided on this proposal which were largely supportive of the intended use, building design, density and height. The comments are provided as Appendix C.

Figure 1: Staff Recommended Zoning and Subject Lands
At the September 10, 2024 City of London Planning Committee Meeting, a motion was made to “change the Place Type for the lands along Richmond Street from Kent Street to Epworth Avenue, and Western Road from Windermere Road to Sunnyside Drive, from Rapid Transit Corridor to Urban Corridor on Map 1 – Place Types” within the London Plan and to “remove Protected Major Transit Station Areas along Richmond Street from Kent Street to Epworth Avenue, and Western Road from Windermere Road to Sunnyside Drive on Map 10 – Protected Major Transit Station Areas” within the City’s Zoning By-Law. At its September 24, 2024 meeting, Council adopted the Official Plan amendment subject to these modifications.

As a result of these proposed changes, it is understood that the City will (subject to Ministerial approval) remove the subject lands and much of the Richmond Street corridor noted above from the PMTSA and Rapid Transit Place Type and applied the “Urban Corridor” place type to the subject property in the London Plan. The implementing zoning would reflect this change. The effect of this change would be the reduction in permitted development standards along a major urban thoroughfare in the City. This will have a direct impact on the City being able to provide new housing within key transit supportive areas of the City.

My client is opposed to these proposed amendments and remains supportive of the staff and consultant recommendations to retain the current Rapid Transit Corridor place type and the corresponding application of the TSA2 zone. I agree with the opinions of staff that the proposed application of the TSA2 zone is appropriate for the subject lands, consistent with the new Provincial Planning Statement, and indicative of good planning.

Beyond this, in my opinion, the nature of the contemplated amendments conflict with the stated purpose of the Heights Framework Review which is to “consider revised maximum building heights in all urban Place Types and give policy direction and design standards (zoning regulations and/or site plan requirements) for tall buildings (greater than 8 storeys).” The contemplated amendments go well beyond the stated intent of the Heights Review, and would, in essence, remove lands from previously defined PMTSA’s, whereas the stated intent of the exercise is limited on the review of heights in all urban Place Types.

I view these changes introduced at Council as significant, unfounded and contrary to the stated purpose of the project itself and professional staff recommendations, and likewise as contrary to the Provincial goals and policy framework aimed at protecting PTMSA. Beyond that, despite the significant impact of these modifications, no addition consultation was held by the City prior to this last-minute change and deviation from the recommendations of the City’s own professional staff and retained consultants who are industry-recognized experts in this field.

We appreciate your consideration of this matter and kindly request that the subject property and the broader corridor retain its Rapid Transit Corridor and that direction be provided to the city to apply the recommended zoning framework proposed by City staff, which for this site would be TSA-2.
Sincerely,

David Galbraith MCIP RPP
President - Up Consulting