Planning Justification Report - London, Ontario · 2018-08-16 · Planning Justification Report |...

Planning Justification Report

900 King Street

Western Fair DistrictWestern Fair Association & City of London Realty Services Division

City of London

Zoning By-law Amendment

August 2018

Prepared for:

Reg Ash

Chief Administrative Officer

Western Fair Association

316 Rectory Street

London, ON N5W 3V9

Prepared by:

GSP Group Inc.

201-72 Victoria Street South

Kitchener, ON N2G 4Y9

Contents

1. Introduction.........................................................................................................................1

1.1 Background ...............................................................................................................1

1.2 Proposed Application.................................................................................................2

1.3 Report Content and Structure....................................................................................2

2. Site Description and Context ..............................................................................................3

2.1 Site Location and Description ....................................................................................3

2.2 Site History................................................................................................................5

2.4 Surrounding Neighbourhood Context ........................................................................6

2.4 Existing Site Zoning...................................................................................................7

3. Preliminary Development Concept ...................................................................................11

3.1 Development Vision.................................................................................................11

3.2 Concept Plan...........................................................................................................11

3.3 Development Options ..............................................................................................12

4. Proposed Zoning By-law Amendment...............................................................................17

5. Supporting Studies ...........................................................................................................21

5.1 Cultural Heritage Evaluation Report ........................................................................21

5.2 Archaeological Assessment (Stage 1) .....................................................................22

5.3 Transportation Impact Assessment .........................................................................23

5.4 Noise Study.............................................................................................................22

5.5 Urban Design Guidelines.........................................................................................23

6. Policy Overview and Analysis ...........................................................................................24

6.1 Ontario Planning Act, R.S.O. 1990, c. P.13 .............................................................24

6.2 Provincial Policy Statement .....................................................................................24

6.3 Thames-Sydenham and Region Source Water Protection Plan...............................28

6.4 The London Plan .....................................................................................................28

7. Conclusion........................................................................................................................44

Appendix A Record of Pre-Application Consultation

Appendix B Draft Zoning By-law

Planning Justification Report | 900 King Street (Western Fair) 1

GSP Group | August 2018

1. Introduction

1.1 Background

The Western Fair Association retained GSP Group to prepare a Planning Justification

Report for a Zoning By-law Amendment for a portion of the property at 900 King Street in

London (subject portion referenced as the “site” in this report and entire landholding of 900

King Street referenced as this “WFA property”). The WFA property currently contains

several buildings and facilities associated with the Western Fair District and other

community-related activities. It is designated “Institutional” and “Green Space” in The

London Plan with special policies concerning the Western Fairgrounds that identify the site’s

agricultural roots and entertainment and recreational focus. It is currently zoned Regional

Facility Special Provision RF(2) in the London Zoning By-law, which permits uses related to

the Western Fair Association.

The Western Fair Association and the City of London as co-owners of the site are currently

working with the operator of the site’s existing gaming facility, Gateway Casinos and

Entertainment Limited (“Gateway”), concerning redevelopment and reinvestment on the

site. Gateway was selected as the service provider for the Southwest Gaming Bundle in

December 2016, which includes the Western Fair District slots facility, through the Ontario

Lottery and Gaming Corporation’s competitive procurement process as part of its gaming

modernization plan. Gateway assumed the day-to-day operation of the Western Fair slots

facility in May 2017. They have presented preliminary plans for the full redevelopment of

the existing slots facility and grandstand on the site that together would form an integrated

full casino with restaurant and retail, hotel, and raceway grandstand.

“Expanded Gaming” within London has been endorsed by City Council after extensive public

consultation. At its April 24, 2018 meeting, London City Council endorsed “the expansion of

a gaming site to include entertainment options that would allow for up to 1,200 slots at a

casino, and up to 50 live table games” in London. The resolution specifically noted a

preference for the Western Fair District as the location for an expanded gaming facility.

Preparing the site for redevelopment for such an expanded gaming facility involves

providing more contemporary zoning for the site that would allow for a full casino with table

games and including a hotel. The proposed zoning would update the site’s existing dated

and vague zoning (which generically permits uses and activities tied to the Western Fair

Association) by specifying a defined range of permitted uses, including a casino, racetrack

and hotel, together with supporting regulations. Concurrent with this proposed Zoning By-

law Amendment, the City of London’s Planning Division would be initiating an Official Plan

Amendment that would amend the 1989 Official Plan to “bring forward” the policy direction



of the London Plan as it concerns the Special Policy Area for the Western Fairgrounds to

accommodate the proposed zoning and particularly the proposed hotel use.

1.2 Proposed Application

The City of London Realty Service Division is applying for a Zoning By-law Amendment

application on behalf of the co-owners for the site that would replace the existing RF(2) Zone

on the site with a new RF(14) Zone that reflects amore contemporary zoning that recognizes

and formalizes the existing permissions and uses on the site as well as adding new

permitted uses and associated regulations. This new RF(14) Zone would:

o Add additional permitted uses to that of the RF2 Zone reflecting a range of

community, recreational, entertainment, and retail type functions;

o Add additional permitted uses for a casino, hotel, and racetrack operation;

o Add definitions for certain uses including “Casino”, “Racetrack Operations”,

“Fairgrounds” and “Urban Agriculture”;

o Provide site-specific regulations concerning parking, gross floor area, setbacks and

building height; and

o Add bonusing considerations for additional height for hotel uses.

The proposed development scheme and preliminary zoning was discussed with City staff at

a Pre-Application Consultation on March 20, 2018. The Record of Pre-Application

Consultation (see Appendix A) requires a Planning Justification Report, Urban Design

Guidelines, Cultural Heritage Evaluation Report, Stage 1 Archaeological Assessment,

Transportation Impact Assessment, and a Noise Study to assess the proposed application’s

consistency and conformity with applicable provincial and municipal policy.

1.3 Report Content and Structure

This Planning Justification Report provides the justification and professional opinion for the

proposed Zoning By-law Amendment. It provides:

o A description of the site’s existing conditions and its context within London and the

immediately surrounding neighbourhood (Section 2);

o A summary of the preliminary development concept (Section 3);

o An outline of the proposed Zoning By-law Amendment application (Section 4);

o A summary of the findings of the other studies and reports prepared as part of the

complete application (Section 5);

o An overview and analysis of the relevant provincial and municipal planning policies

informing the proposed application (Section 6);

o A planning opinion and justification for the proposed application (Section 7).



2. Site Description and Context

2.1 Site Location and Description

The site is part of the Western Fair District property that is municipally known as 900 King

Street, located within the Old East Village community (see Figure 1). The site is 20 hectares

in size (of the entire 31.5 hectares comprising the WFA property) and has frontage on

Dundas Street and King Street to the north, Egerton Street to the east, Florence Street to

the south, and Rectory Street and Ontario Street to the west. The WFA property is

comprised of three blocks of land separated by public streets, noted as Blocks “A”, “B” and

“C” on Figure 1 and described below:

o Block “A” is the central block bounded by Rectory Street, King Street/Ontario Street,

Dundas Street, Egerton Street and Florence Street. This is the subject block for the

proposed Zoning By-law Amendment and the proposed casino, hotel, and grandstand

facility. This block contains several exiting buildings, including the Gateway slots facility,

Grandstand building, Progress Building, Canada Building, and Farmers & Artisan

Market, as well as Queens Park along Dundas Street. This block is jointly-owned by the

City and the Western Fair Association.

o Block “B” is the northern block to the north/west of King Street/Ontario Street. This block

currently contains a surface parking lot. This block is solely owned by the Western Fair

Association. This block is not affected by the proposed Zoning By-law Amendment.

o Block “C” is the southern block bounded by Rectory Street, Florence Street, Egerton

Street and the CN Rail corridor. This block currently contains the Agriplex, Sports

Centre, Paddock and the Western Fair District Administration Building. This block is

jointly-owned by the City and the Western Fair Association. This block is not affected

by the proposed Zoning By-law Amendment.

The primary vehicular access to Block A is from a signalized intersection on Florence Street,

which also provides access to the additional lands owned by the Co-Owners. Access is also

provided from Rectory Street, King Street, and Ontario Street. Interior roads direct traffic

through the parking areas. Pedestrian access is provided on all bordering streets. Sidewalks

are located on the perimeter of the Site except for Egerton Street and a small portion of

Florence Street, where the sidewalks are located across the street. Most pedestrian traffic

is likely generated from Dundas Street, where pedestrians and cyclists are attracted to the

Farmers Market and Queens Park.

Vegetation on Block A is largely limited to Queens Park and the internal portion of the track.

Trees and gardens are located near the entrances of the buildings, and a limited number of

trees are provided on parking islands.



Queens Park



2.2 Site History

The first Western Fair was held in 1868 in downtown London but moved to 900 King Street

in 1887 after gaining legal status. The Western Fair originally existed as an event consisting

of agricultural displays, arts and crafts, and vendors and with a heavy emphasis on

competition, but later additions included the midway and booked entertainment events. The

seasonal harness track was opened in 1961 and the slot facility was added in 1999. The

Western Fair Association re-branded itself in 2011 as the Western Fair District to better

reflect the multi-purpose function of the site beyond just a 10-day agricultural fair. Today,

the site is used year-round for a variety of uses ranging from seasonal live harness racing,

gaming (slots and e-table games), trade shows and expositions, festivals, outdoor concerts

and entertainment events, corporate meeting areas, offices, dining spaces, and an event

center. It also hosts an agricultural society that promotes the agricultural industry to urban

residents and runs school tours, the London Farm Show, Junior Beef Expo, Poultry Industry

Conference, and standardbred horse racing.

Image: Site layout and building names for the Western Fair District (source: Western Fair District)



2.3 Existing Buildings and Parking

The WFA property at 900 King Street contains 11 identifiable buildings, which recognizes

some are connected and integrated complexes, and 3,420 surface parking spaces. In total,

there is an estimated 76,665 square metres (825,000 square feet) of gross floor area

currently on the WFA property, summarized as follows:

Building Gross Floor Area (m2)

1 Confederation Building (The Market) * 5,800

2 Arts Building * 215

3 Infield Shop * 300

4 Grandstand/Slots/Carousel/East Annex * 16,775

5 Progress Building * 8,350

6 West Annex * 875

7 Canada Building * 4,125

8 Administration Building (316 Rectory) 5,375

9 Agriplex 14,875

10 Sports Centre 15,975

11 Paddock Building 4,000

Total Gross Floor Area 76,665

* Located on Block A

2.4 Surrounding Neighbourhood Context

The Western Fair District is in the Old East Village area of London, a historic portion of

London that is currently the focus of revitalization efforts (see Figure 2). Old East Village

has a thriving Community Association, Business Improvement Area (“BIA”), a Community

Improvement Plan (“CIP”), and Development Corporation. Together, these associations and

programs have attracted businesses and new development to the area, increasing

pedestrian traffic and enhancing the area.

The Old East Village is characteristically a mixed-use area centred on Dundas Street.

Residential neighbourhoods are situated to the east and north of the Western Fair District,

north of the principally commercial corridor along Dundas Street. An industrial block and

limited residential uses are to the west. The former Kellogg’s building is one block east of

the Western Fair District and is currently being redeveloped principally as a multipurpose



recreation facility with associated uses. Across Dundas Street, the former McCormick’s

factory is planned for redevelopment as a mixed-use and mixed-residential development.

The Western Fair District is well served by public transit with six bus stops within walking

distance of the Site. Routes 2 and 20 service the site via Dundas Street, while Route 7

services Florence Street. All three routes connect to Downtown London, providing

convenient access to additional transit routes and the Via Rail station and Greyhound Bus

stations on York Street.

The City has approved a Bus Rapid Transit (“BRT”) system and network. A future stop is

located on the border of the Western Fair District near the Confederation Building at the

intersection of Dundas Street and Ontario Street. The station is located on the north-east

BRT route that would connect to Western University, Fanshawe College, the University

Hospital, Masonville Mall, and Downtown London. The central transit hub located at the

intersection of King Street and Wellington Street in Downtown London would provide

connections to the south-west route, which provides access to the White Oaks Mall, the

downtown Fanshawe campus, Budweiser Gardens, Victoria Hospital, Parkwood Institute,

and the Wonderland and Oxford commercial area. BRT riders would have convenient

access to the site from anywhere on the BRT network.

2.5 Existing Site Zoning

The WFA property including the site is zoned Regional Facility Special Provision RF(2) in

the City of London Zoning By-law Z-1 (see Figure 3). The RF Zone permits a broad range

of institutional and community-based uses and activities, including a broad range of

educational establishments (adult secondary, commercial, elementary, private, and

secondary schools plus community colleges and universities), places of worship, day

centres, hospitals, institutional uses, libraries, nursing homes, recreational buildings, stadia,

and supervised residences and ancillary residential and accommodations. The RF(2)

Special Provision applies to the entirety of the WFA property bounded by Rectory Street,

Dundas Street, Egerton Street and the Canadian National Railway Tracks and adds “uses

and facilities of the Western Fair Association and accessory uses” as additional permitted

uses.

The WFA property’s zoning and permissions have evolved considerably over time.1 Live

horse racing including “pari-mutuel betting” was introduced in 1961 adding to the “General

Business Zone” on the site at that time. In 1970, the WFA property was rezoned to a “Special

Commercial Zone” that permitted uses including “commercial-recreational, [and]

1 As provided by the City of London Realty Services Division.



sporting…uses by and under the control of the Western Fair Association including…sporting

events”. In 1993, the current by-law zoned the WFA property as Regional Facility RF(2) with

the current permission for “uses and facilities of the Western Fair Association and accessory

uses”. In 1998, a Minister’s Zoning Order (O. Reg. 684/98) additionally permitted slot

machines at racetracks on the site, one of several such Orders for municipalities across

Ontario with the purpose of supporting the horse racing industry as part of the broader

agricultural economy. O. Reg 684/98 for the WFA property was revoked in March 2011 but

the slots facility remained in operation.







3. Preliminary Development Concept

3.1 Development Intent

The City of London and the Western Fair Association are seeking the redevelopment of

portions of the site into a modern, mixed-use entertainment district that retains its historic

use as a fairground and agricultural society. The Western Fair’s important built heritage and

cultural heritage will be preserved, and the site will continue to host the farmers’ market and

annual Western Fair while continuing to provide standardbred horse racing, entertainment,

recreation, event, and administration space. As part of this broad vision, Gateway Casino’s

input would be the development of a new expanded gaming facility complete with short-term

accommodations as a redesigned site providing more cohesive connections to the

surrounding city fabric.

3.2 Concept Plan

At this time, the preliminary development concept only affects Block A, which will see the

redevelopment of a portion of the building stock for the casino, hotel, food and beverage

area, grandstand, public galleria, and back of house area. The preliminary phasing plan for

the site illustrates two phases of demolition and construction.

Phase 1 of the preliminary development concept shows the demolition of the Progress

Building and construction of the new casino, dining and entertainment space (see Figures

4, 5a and 5b). The existing Grandstand/Slots/Carousel/East Annex complex would remain in

Phase 1. The new building would be constructed to the south of the former Progress Building

with a smaller parking area positioned between the building and Queens Park. This new

building would contain upwards of 20,000 square metres in gross floor area and would

contain the casino gaming floor, food and beverage space, and service and utility space.

The building is conceived as a single-storey building in height. The bulk of the existing

surface parking lot to the west of the current building will be reconfigured to better define

the parking areas and will provide exclusive and non-exclusive parking spaces for the casino

and other uses on the site. Loading for the facility is shown at the rear of the back-of-house

building and would be accessed from the existing entrance on Florence Street.

Phase 2 of the preliminary development concept shows the construction of the hotel and a

new grandstand through the demolition of the Grandstand/Slots/Carousel/East Annex complex.

(see Figures 6a, 6b, 7a and 7b). Integrated internally with the casino, the hotel would be

constructed on the north side of the casino and would be up 14,000 square metres of floor

space in a mid-rise or higher-rise form, ultimately depending on the detailed design and

programming. A new grandstand will be constructed east of the casino and hotel overlooking

the horse track as an integrated facility with those two uses.



For access purposes, the primary vehicular access to the site along Florence Street would

be reconstructed west of the existing location to be aligned generally with the Agriplex. The

existing entrance from Florence Street would remain to provide access to a rear parking

and loading areas. Main building entrances are shown on the north side facing Queens Park

and the west side facing the surface parking area Existing accesses to Block A from Rectory

Street and King Street will continue. Pedestrian access to the new buildings would be

facilitated by connections to the surrounding sidewalk network and through connections to

pathways in Queens Park. Bicycle parking is provided on Site.

Queens Park, the Confederation Building, the Arts Building and the race track will not be

affected by the redevelopment and will remain in their current condition. The area around

the new complex will be landscaped with trees, sod, gardens, and other plantings, including

such spaces lining and within the surface parking area as possible. The portion of Block A

with frontage along Florence Street between the new access and existing access is meant

to be treed to reduce visual impacts of the new facility on the pedestrian realm and any

servicing functions along Florence Street. Additionally, landscaping around the perimeter of

Block A will be provided where road widenings affect the existing landscaping.

3.3 Development Options

These preliminary development concept and associated phasing plans are preliminary in

the sense that detailed site plan and building plans have not been prepared at this time.

The concept is an illustration of the Block A’s potential redevelopment for the purposes of

establishing the zoning permissions concerning the permitted uses and associated built

form regulations. It is not meant to ascertain a particular form or layout of the site nor does

it preclude other options for the site’s redevelopment at the time of Site Plan Approval,

including those that would retain and re-use certain portions of the existing building stock

on the site. Matters of site layout and function would be addressed at the time Site Plan

approval subject to the suite of uses and regulations as proposed in the Zoning By-law

Amendment.



4. Proposed Zoning By-law Amendment

The site is zoned Regional Facility RF(2), which permits a broad range of community and

institutional type uses together with ancillary uses (see Figure 3). The Special Provision

RF(2) that applies to the WFA property, including Blocks A, B, and C, permits uses specific

to the Western Fair Association. The Pre-Submission Meeting minutes notes that zoning

by-laws “should regulate the use of land or buildings, not the users”. As this special provision

does not identify special permitted uses but rather ties it to a particular user, the existing

zoning would limit users other than the Western Fair Association to those only uses

permitted by the Regional Facility (RF) Zone. This in turn may restrict permissions for a

casino and hotel on the site operated by Gateway and partners.

Accordingly, the proposed Zoning By-law Amendment seeks to replace the existing RF(2)

special provision as it affects the site with a new RF(14) special provision that defines

specific permitted uses and associated regulations only for the site. It would provide more

contemporary zoning that defines a set of permitted uses that would be reasonably expected

as part of the Western Fair Association’s operations on the site, formalizes existing uses on

the site, and adds new permitted uses associated with Gateway’s proposal. A draft of the

proposed Zoning By-law is included as Appendix B and details of the proposed zoning and

the rationale for the request are as follows:

1. Maintain the permitted uses of the existing Regional Facility.

Rationale: These uses are retained as permitted use as they continue to be

reasonable and appropriate for the intent of the Western Fair District.

2. Add permissions for 10 additional uses as defined by Zoning By-law Z.1, including

Ancillary Office, Amusement Game Establishment, Amusement Park, Auditorium,

Brewing Premises Establishment, Boutique, Craft Brewery, Restaurant, Retail

Store, and Urban Agricultural.

Rationale: These additional uses either reflect uses that currently exists on the

site or uses that are reasonable and appropriate supporting uses as part of the

intended nature of the Western Fair District as a regional entertainment and

recreation destination.

3. Add a permission and a definition for a new “Fairgrounds” use that allows a broad

range of fairs and events for a variety of functions.

Rationale: Fairs or fairgrounds are not currently defined in Zoning By-law Z.1.

The proposed definition seeks to reflect the existing use of the site for an

assembly of land and buildings that hosts a range of indoor and outdoor fairs

and events together with supporting administration activities.

4. Add a permission and a definition for a new “Racetrack Operations” that allows a

horse racing facility for entertainment and gambling purposes, including all uses for

the operation and function of such racing.

Rationale: Horse racing, raceways or racetracks are not currently defined in

Zoning By-law Z.1. The proposed definition reflects the general definition of

raceway operations in other host municipalities accommodating such

horseracing functions, including the activities related to the track, operation,

storage, and administration space.

5. Add a permission for Hotel as defined by Zoning By-law Z.1.

Rationale: Hotels are currently not permitted by the RF Zone. Hotels are

reasonable uses that would complete the offerings in association with the

intended entertainment and recreation function of the Western Fair District.

Hotels are contemplated by the Western Fairgrounds policy of the Institutional

Place Type that applies to the site in the appealed London Plan.

6. Add a permission and definition for a new “Casino”.

Rationale: “Casino” is not currently defined in Zoning By-law Z.1. The proposed

definition reflects the general definition of casinos in other host municipalities as

combined places of gaming, entertainment, dining, and small scale retail. The

definition speaks to both slot machines, which currently exist on the site, together

with table games per the OLG license.

7. Add a permission and definition for a new “Urban Agriculture”.

Rationale: “Urban Agriculture” is not currently defined in Zoning By-law Z.1. The

proposed definition allows for both “indoor urban farms” and “outdoor urban

farms” for the cultivation and harvesting of plant and animal products together

with accessory sales, storage, and operations. This definition is consistent with

contemporary zoning definitions in other municipalities. The proposed use

follows the general policies of the London Plan concerning local food production

within the city’s boundaries and is specifically implements the agriculture-based

intent of the Western Fairgrounds special policies.

8. Adds special regulations for the site that establishes:

a) A maximum building height for a Hotel of 40 metres, or 50 metres under

bonusing provisions;

Rationale: This regulation implements the direction of the London Plan that

provides a maximum building of 12 storeys (40 metres) or 15 storeys (50 metres)

through bonusing provisions. Zoning provisions are to identify maximum

bonused heights together with the potential community benefits (see below) per

the policies of the in-effect 1989 Official Plan.

b) A maximum gross floor area for a Casino of 20,000 square metres;

Rationale: This regulation is meant to set a maximum cap to the size and scale

of the casino use on the site. It generally reflects a maximum possible floor

space area recognizing the limits of 1,200 slot machines and 50 table games

per the OLG license together with supporting ancillary uses.

c) A maximum gross floor area for a Hotel of 14,000 square metres;

Rationale: This regulation is meant to set a maximum cap to the size and scale

of hotel uses on the site that is consistent with that of the casino function.

d) A minimum parking requirement for all permitted uses of 1 space per 22 square

metres of gross floor area;

e) Required parking spaces may be provided on other lots subject to the RF(2) and

RF(14) Zones.

Rationale: Parking requirements for Zoning By-law Z.1 are calculated on the

gross floor area of individual use on a site. The Western Fair District is unique

in the sense that it is a large site managed by one entity, with multiple types of

uses and functions, and with parking that is shared to a degree amongst different

uses. Understanding this situation, the proposed regulation is meant to simplify

the application of parking requirements across the site per the request identified

in the Pre-Application Consultation Meeting record. Currently the WFA property

accommodates a provided parking rate of 1 space per 22.4 square metre of

gross floor space (76,665 square metres of total gross floor area and 3,420 total

parking spaces). A rate of 1 space per 22 square metres of gross floor area,

regardless of type of use, is appropriate to capture the parking needs for the site

and reflect the sharing and overlap of the parking supply on the site that would

occur, such as that between the casino, hotel and grandstand. The additional

provision related to the location of parking addresses the permission for required

parking to be located on other lots throughout the Western Fair District, reflecting

how it currently operates today.

f) A minimum yard depth to any public street of 3 metres.

g) Walls bounded racing tracks associated with Racetrack Operations are not

subject Yard Depth requirements identified in (vi) and (vii).

Rationale: The existing RF(2) Zone applies Front Yard, Interior and Exterior Side

Yard, and Rear Yard depths as a base setback with additional setbacks required

incrementally related to additional building height. The site is unique in the sense

that it is comprised of individual blocks that are bound by public streets on all or

most sides and they are treated as one “Lot” for the determination of Yards. This

regulation is meant to simplify the application of Yard depths for the site and treat

all frontages along public streets the same with a standard 3 metre setback that

is more reflective of contemporary zoning approach and encourages a street-

oriented form per the London Plan’s general design direction. The exemption

for the racetrack walls recognizes the existing location and situation on the site.

9. Adds bonusing regulations for the Hotel use that identify the range of community

benefits permitted for increases to the maximum building height of 50 metres.

Rationale: Further to the above building height commentary, the proposed list of

community benefits reflects the direction of the in-effect 1989 Official Plan

concerning bonusing and potential community benefits.

5. Supporting Studies

5.1 Cultural Heritage Evaluation Report and Heritage Impact Report

Common Bond Collective prepared a combined Cultural Heritage Evaluation Report and

Heritage Impact Assessment (dated August 2018) as part of the complete application for

the Zoning By-law Amendment. The Cultural Heritage Evaluation component undertook

background research and analysis to understand the potential heritage values and attributes

of the site. The Heritage Impact Assessment component assesses the impact of the

proposed redevelopment on the identified heritage resources and provides mitigation

recommendations.

Section 8.2 concerning heritage value makes the following general conclusion regarding the

significance of existing buildings on the site and the surrounding context:

As outlined in the Proposed Statement of Significance, 900 King Street is a site rich in

heritage significance. It has historic value related for its associations with the annual

Western Fair, Queen’s Park and horse racing. It is also associated with the development

of London East, and the architectural practices of Watt and Blackwater, as well as

George F. Durand. It has design value related to the Arts and and Confederation

buildings, which are representative examples of the neoclassical style and Exhibition

Typology respectively. It also has contextual value as a site that defines the character

of the local area as a fairground and recreational place within the City of London. For a

full description of cultural heritage values and attributes refer to 7.0 Proposed Statement

of Significance.

In addition to the heritage values and attributes associated with the Study Area, there

are two adjacent designated heritage properties located at 869-871 Dundas Street and

at 864-872 Dundas Street/417 Ontario Street.

Section 8.6 concerning heritage impacts makes the following conclusions regarding the

proposed redevelopment on the site:

The proposed redevelopment at 900 King Street in London presents a number of

potential impacts on the site’s cultural heritage resources. These relate to the

demolitions, new construction, building modifications, and new surface parking /

landscaping. With the exception of complete Grandstand demolition, the Heritage

Impacts identified range in severity from LOW through MODERATE. In these cases

reasonable mitigation options are available to reduce Heritage Impacts to LOW or

NEGLIGIBLE levels that are considered acceptable. It is recommended that the

mitigation measures proposed above be considered and integrated into

the future design development work for the redevelopment of 900 King Street. If so, the

proposed redevelopment can be undertaken with minimal impacts on the site’s cultural

heritage resources.

In the case of complete Grandstand demolition, the severity of impact is considered

HIGH, and can only be mitigated to a MODERATE level. Thus partial demolition of the

Grandstand structure is considered highly preferable to complete demolition. The

retention of physical heritage fabric will serve to tie the next stages of the site’s evolution

in with the Western Fair’s rich past.

5.2 Archaeological Assessment (Stage 1)

Timmins Martelle Heritage Consultants prepared a Stage 1 Archaeological Assessment

(dated July 2018) as part of the complete application for the Zoning By-law Amendment.

The Stage 1 Assessment included a map-based review and background research of the

site’s previous uses. The Assessment noted the potential for archaeological resources is

indicated by the former presence of “a large portion of former St. Paul’s Anglican Cemetery

(1852 to 1880); Salter’s Grove (1850s to 1879), Queen’s Park (1879 to present) and their

related buildings; Western Fair buildings and features (1887 to present); and late-19th

century residences that are early in the development of Lily’s Corners and East London

(c.1875 to 2012)”. The Stage 1 Assessment recommends further archaeological study for

the western portions of the site associated generally with the existing surface parking areas.

Per these recommendations, two holding provisions have been incorporated into the

proposed zoning requiring the completion of further archaeological assessments and

monitoring on the site.

5.3 Compatibility Assessment

RWDI prepared a Land Use Compatibility Assessment (dated July 12, 2018) as part of the

complete application for the Zoning By-law Amendment. This Assessment was required

given the proposed hotel use is a sensitive land use that has the potential to be incompatible

with existing industrial uses and rail lines given effects of odours, dust, noise and/or

vibration. The Assessment concludes that:

Based on our preliminary review of the existing and permitted surrounding land uses,

the proposed zoning amendment to include hotel as a permitted use on the subject

lands identified with hatching in Figure 1 is feasible. However, detailed

environmental impact studies for any future hotel development will need to be

completed to assess the appropriate layout, design and required control measures.

Noise from rail traffic on the corridor and freight rail yards will be the predominantt

environmental source of concern for any future sensitive land use development on

the WFA subject lands.

A holding provision has been incorporated into the proposed zoning requiring the

completion of a detailed compatibility assessment for the permitted hotel use at the time of

detailed design to assess satisfaction of specific requirements.

5.4 Urban Design Principles

GSP Group prepared Urban Design Principles (dated August 2018) as part of the complete

application for the Zoning By-law Amendment. The Principles provide general guidance

regarding the site’s layout concerning the proposed casino, hotel and grandstand facility.

They are meant to be considered and applied at the time of Site Plan approval and provide

guidance on matters including built form massing, site circulation, parking, landscaping, and

general architectural elements.

5.5 Transportation Impact Assessment

Paradigm Transportation Solutions Limited is currently preparing a Transportation Impact

Assessment for submission as part of the Zoning By-law Amendment process. The intended

scope of the Assessment includes an analysis of the operation of surrounding intersections

and site driveways under existing traffic conditions, identification of existing deficiencies,

assessment of impacts resulting from the proposed development, and identification of any

potential remedial measures to accommodate impacts. In the meantime, a holding provision

has been incorporated into the proposed zoning requiring the completion of the study and

implementation of any recommendations prior to lifting.

6. Policy Overview and Analysis

6.1 Ontario Planning Act, R.S.O. 1990, c. P.13

The Planning Act R.S.O. 1990, c. P.13 (“Planning Act”) establishes the policy-led land use

planning system for Ontario that outlines matters of provincial interest as part of municipal

planning decisions and provides for statutory planning processes in Ontario. Section 2 of

the Planning Act identifies the breadth of matters considered as being provincial interest

which a municipality must “have regard to” in carrying out its responsibility under the

Planning Act. These matters are general in nature and broad in range. These matters are

captured in more detail through the policy statements issued under the Section 3 of the

Planning Act and through the official plans of the City of London, which are addressed below

in Sections 6.2 and 6.3 below of this Planning Justification Report.

Section 3(5) of the Planning Act specifically requires that the decisions of municipal councils

regarding the exercise of authority concerning planning matters “shall be consistent with the

policy statements issued under subsection (1) that are in effect on the date of the decision”

and “shall conform with the provincial plans that are in effect on that date, or shall not conflict

with them, as the case may be". The 2014 Provincial Policy Statement and the Thames-

Sydenham Source Water Protection Plan are applicable and relevant to the consideration

of the proposed applications per Section 3(5) of the Planning Act. The 2017 Greenbelt Plan,

2017 Oak Ridges Moraine Conservation Plan, and 2017 Niagara Escarpment Plan were

also issued under Section 3(5), however, London is outside the geographic extent of these

plans. Per Section 3(8) of the Planning Act, London is outside of the geographic extent of

“The Big Move”, a provincial plan issued under 31.1 of the Metrolinx Act, 2006, and there

have been no policy statements issued under Section 11 of the Resource Recovery and

Circular Economy Act, 2016

6.2 Provincial Policy Statement

The Provincial Policy Statement (“PPS”) provides land use planning policy on matters of

provincial significance. The 2014 PPS came into effect on April 30, 2014. The overriding

vision of the PPS states that “the long-term prosperity and social well-being of Ontarians

depends on maintaining strong, sustainable and resilient communities for people of all ages,

a clean and healthy environmental, and a strong and competitive economy”. The following

specific PPS policies are relevant to the site and the proposed applications.

6.2.1 Community Design

Section 1.1.1 of the PPS seeks the establishment of “healthy, livable, and safe

communities” through:

a) promoting efficient development and land use patterns which sustain the financial

well-being of the Province and municipalities over the long term;

b) accommodating an appropriate range and mix of residential (including second units,

affordable housing and housing for older persons), employment (including industrial

and commercial), institutional (including places of worship, cemeteries and long-

term care homes), recreation, park and open space, and other uses to meet long-

term needs;

c) avoiding development and land use patterns which may cause environmental or

public health and safety concerns; …

e) promoting cost-effective development patterns and standards to minimize land

consumption and servicing costs

The proposed application is consistent with Section 1.1.1 of the PPS. The proposed re-

development of the site for the casino, hotel and racetrack would be an efficient use of an

existing serviced site within London’s built-up area. The proposed zoning provides of a mix

of employment, commercial and recreation activities on the site that reflect the intended

function of the Western Fair District as a mixed entertainment and recreation cluster.

Activities displaced by the demolition of certain buildings on the site, such as larger event

space, can be accommodated in existing buildings elsewhere on the WFA property so there

is no loss in this diversity of activity. This generates employment while providing

entertainment and cultural activities, contributing to a complete community.

6.2.2 Settlement Area Land Use Patterns

Section 1.1.3.2a) of the PPS directs that land use patterns in settlement areas are to be

based on densities and a mix of land uses which:

1. efficiently use land and resources;

2. are appropriate for, and efficiently use, the infrastructure and public service facilities

which are planned or available, and avoid the need for their unjustified and/or

uneconomical expansion;

3. minimize negative impacts to air quality and climate change, and promote energy

efficiency;

4. support active transportation;

5. are transit-supportive, where transit is planned, exists or may be developed; and

The proposed application is consistent with Section 1.1.3.2a) in that contributes to an

efficient land use pattern. The proposed re-development of portions of the site for the casino,

hotel and racetrack would be an efficient use of an existing serviced site (water, sewage,

and stormwater) within London’s built-up area. The land uses and activities in the proposed

zoning are transit-supportive and can take advantage of abutting existing bus routes and

the proposed rapid transit system. Active transportation is provided by way of connections

to existing sidewalks and through the maintenance of existing trails in Queens Park. Further

consideration for on-site walkways and pedestrian circulation will be addressed at the time

of detailed design.

6.2.3 Intensification and Compact Form

Section 1.1.3.4 of the PPS direct the promotion of appropriate development standards

“which facilitate intensification, redevelopment and compact form, while avoiding or

mitigating risks to public health and safety”. The proposed zoning is consistent with Section

1.1.3.4 by providing contemporary development standards that accommodate the evolution

and redevelopment of the Western Fair District over time as a more complete and diverse

agriculturally-based entertainment cluster within the Old East Village community of London.

Compatibility for the proposed hotel, as a sensitive land use, is deemed feasible by the

RWDI assessment, recognizing the need for detailed assessment when more specific plans

are available.

6.2.4 Employment

Section 1.3.1 of the PPS directs the promotion of economic development and

competitiveness by “providing for an appropriate mix and range of employment and

institutional uses to meet long-term needs” and “encouraging compact, mixed-use

development that incorporates compatible employment uses to support liveable and

resilient communities”. The proposed application is consistent with Section 1.3.1 as it

provides a range of employment opportunities. Further to shorter-term construction

employment, the proposed casino and hotel complex is forecasted to incrementally create

700 additional jobs in the accommodation, gaming, and food and service sectors.

6.2.5 Long-Term Economic Prosperity

Section 1.7.1 of the PPS identifies supporting long-term economic property should include

“promoting opportunities for economic development and community investment-readiness”,

“maintaining and, where possible, enhancing the vitality and viability of downtowns and main

streets”; “providing opportunities for sustainable tourism development”, and “providing

opportunities to support local food, and promoting the sustainability of agri-food and agri-

product businesses by protecting agricultural resources, and minimizing land use conflicts”.

The proposed application supports 1.7.1 in that it will establish contemporary zoning that

provides for considerable re-investment into the site from the proposed Casino/Hotel

complex as well as the ongoing racetrack operations. This reinvestment will contribute to

the ongoing evolution and improvement efforts of the Old East Village and the Dundas

Street corridor. This facility will be a draw for visitors to London and will support tourism

objectives to the area and broader city as a more complete entertainment cluster with the

provision for on-site accommodations as part of a modern, expanded gaming facility.

Agricultural resources and local food will be promoted through the ongoing operation of the

site’s farmers’ market, together with other uses agricultural-related businesses, exhibitions,

and functions associated with the Western Fair Association. Further, the gaming operations

on the Site are overseen by the Ontario Lottery and Gaming Corporation (“OLG”) and

provide ongoing revenue resource to residing municipalities through revenue sharing.

6.2.6 Transportation

Section 1.6.7.1 of the PPS seeks transportation systems that are “safe, energy efficient,

facilitate the movement of people and goods, and are appropriate to address projected

needs”. Section 1.6.7.2 directs the efficient use of existing and planned infrastructure,

including through TDM strategies. Section 1.6.7.4 promotes land use patterns, densities

and mixes of uses that “minimize the length and number of vehicle trips and support current

and future use of transit and active transportation”.

The proposed application is consistent with Section 1.6.7 of the PPS. The overall site is

well-connected to the existing street network, including Dundas Street and King Street as

two major east-west street corridors and north-south streets of Rectory Street and Egerton

Street, for those driving to the site. The site is also well-positioned in London’s transit

network with existing bus routes on Dundas Street and Florence Street servicing the site

and the proposed rapid transit system runs along King/Ontario/Dundas on the site’s western

and north boundaries with a proposed stop at Ontario/King and Dundas. The proposed

regional draw destinations on the site are well-served by the existing and planned

transportation system.

6.2.7 Sustainability

Section 1.8.1 of the PPS provides direction for environmental sustainability through land

use and development patterns. This includes policies that:

a) promote compact form and a structure of nodes and corridors;

b) promote the use of active transportation and transit in and between residential,

employment (including commercial and industrial) and institutional uses and other

areas;

c) focus major employment, commercial and other travel-intensive land uses on sites

which are well served by transit where this exists or is to be developed, or designing

these to facilitate the establishment of transit in the future;

d) improve the mix of employment and housing uses to shorten commute journeys and

decrease transportation congestion;

The proposed application is consistent with Section 1.8.1 of the PPS. The site is located

along the Dundas Street corridor, a principal movement corridor in London, and has a

proposed rapid transit station at the corner of Dundas Street and Ontario Street that will

provide high frequency transit service to the site. The proposed zoning enhances the site’s

existing function as a mixed entertainment and recreation cluster with employment and

commercial functions.

6.3 Thames-Sydenham and Region Source Water Protection Plan

The Thames-Sydenham and Region Source Water Protection Plan was approved in

September 2015 and came into effect on December 31, 2015. It contains policies to protect

sources of municipal drinking water against existing and future drinking water threats

prescribed in the Clean Water Act, 2006 within the Upper Thames watershed and others.

Per the Clean Water Act, municipalities are to bring their official plans into conformity with

the Source Water Protection Plan’s significant threat policies within five years of the Plan

coming into effect and zoning by-laws into conformity with the amended official plans within

two years from its amendment.

The Clean Water Act requires that decisions under the Planning Act must “conform with”

significant threat/condition policies for those threats designated as significant drinking water

threats and are to “have regard to” for threats designated moderate or low. Within the Source

Protection Plan, the site is not within a Wellhead Protection Area but is within a designated

“Moderate and Low Threat Policy Area”. However, there are no applicable policies in List

B in respect to Planning Act decisions for the latter.

6.4 London Official Plan

The London Plan is the City’s new official plan that was adopted by City Council on June

23, 2016 and approved by the Province with modifications on December 28, 2016. Portions

of the 2014 London Plan (the “London Plan”) are currently under appeal. In these instances,

one must rely on the relevant policies of the 1989 City of London Official Plan (the “1989

Official Plan”) that remain as the in-effect policy direction. The following London Plan

policies, and the corresponding policies of the 1989 Official Plan where the London Plan

policies are currently under appeal, are relevant to the site and the evaluation of the

proposed Zoning By-law Amendment application.

6.4.1 Land Use

The site is part of the Institutional Place Type on Map 1 of the London Plan, except for

Queens Park which is designated as part of the Green Space Place Type (see Figure 8b).

The Institutional Place Type policies are not under appeal; however, Map 1 delineating the

Place Types and Map 7 delineating the Special Policies are under appeal. These appeals

are not related to the delineation of the Institutional Place Type or special policies affecting

the site, but the subject policies are nonetheless constrained by the appeals, so one must

rely on the relevant policies of the 1989 Official Plan.

Notwithstanding the appealed maps, the policy direction of the London Plan remains valid

in informing the consideration the proposed application. Policy 1085 of the Institutional Place

Type allows for a “wide range of institutional uses” together with accessory uses, a limited

amount of retail space, and mixed-use buildings. Policy 1086 states that buildings are to be

at least 2 storeys and up to 12 storeys in height, although 15 storeys may be permitted

through “Type 2” bonus zoning. From a form perspective, Policy 1087 directs that surface

parking areas “should be located in the rear and interior side yard” and that “robust tree

planting will be encouraged on institutional lands”.

Further to the general policies of the Institutional Place Type, the site is subject to Specific

Policy Area 29 on Map 7 on the London Plan concerning the “Western Fairgrounds” (Figure

11). For this Special Policy Area, Policy 1102 states:

The Western Fair Association represents a unique institutional use that has served a

support function for the agricultural industry, industrial community, and the residents 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 Old

East Village. In addition to the range of uses permitted in the Institutional Place Type,

entertainment and recreational uses may be permitted. Hotels will also be permitted.

Policy 1103 further states that:

Where new development on the Fairgrounds abuts a street, the building shall be

designed to orient the front face and primary entrance toward the street. Parking on the

Fairgrounds will be screened with low walls and enhanced landscaping to create a

comfortable and attractive pedestrian environment.

The proposed zoning by-law amendment would appropriately implement the Institutional

Place Type and the “Western Fairgrounds” special direction of Policy 1102 if they were full

force and effect. The proposed zoning reflects a reasonable range of permitted land uses

for the intended agriculturally-based entertainment and recreation function contemplated by

the London Plan. It recognizes existing uses on the site as well as the proposed expansion

of gaming with short-term accommodations in keeping with the policy. The proposed

redevelopment and investment in the site for an integrated gaming facility as regional

destination supports the recent initiatives, re-investment, and successes in the Old East

Village as a broader appeal entertainment facility as part of the overall Western Fair

District’s evolution. In respect to the design considerations of 1087 and 1103, the Urban

Design Guidelines submitted as part of the complete application for the site appropriately

provides design guidance that would inform the detailed design through the Site Plan

process following zoning approvals.

Notwithstanding this, the 1989 Official Plan provides the in-effect land use designation and

land use policies for the site given the London Plan appeals. The site is designated

“Regional Facility” in the 1989 Official Plan (see Figure 8a). The Regional Facility

designation provides for large institutional facilities that service a regional function, such as

health care, correctional, education, religious, military, and major cultural and recreational

facilities. Permitted uses described in Section 6.2.2(i) include hospitals, universities,

community colleges, major recreational facilities, cultural facilities, large religious

institutions, military establishments, and correctional or detention centres. Permitted

secondary uses addressed in Section 6.2.3(i) include convenience stores, personal service

uses, financial institutions, eat-in restaurants, apartment hotels, and offices.

Further to the general Regional Facility permitted use, the Western Fairgrounds has a

special policy in Section 6.2.2(ii) similar in nature to that of the London Plan that allows

additional permitted uses. This special policy reads:

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.

The proposed permitted uses in the Zoning By-law Amendment that are already defined by

Zoning By-law Z.1 are in keeping with the intent of the special policy in Section 6.2.2(ii) of

the 1989 Official Plan. The proposed new “Racetrack Operations” use is consistent with the

entertainment focus tied to the Western Fair Association’s roots and plans, and reflects what

exists on the site today. The proposed new “Casino” use is also consistent with the intent

for places of entertainment tied to the Western Fair Association’s roots and long-term plans,

recognizing the existing slots facility on the site that is an integral component of the function

of the broader Western Fair District. The proposed “Hotel” use, however, is not specifically

permitted or implied through the special policy.

An Official Plan Amendment therefore is required to allow the proposed hotel use. The City

of London Plan will be initiating and processing a concurrent Official Plan Amendment with

the proposed Zoning By-law Amendment that would amend the 1989 Official Plan to reflect,

or “bring forward”, the Special Policy Area for the Western Fairgrounds in the London Plan.

The proposed Zoning By-law Amendment would be consistent with this Official Plan

Amendment for the reasons given above concerning the London Plan.

6.4.2 Application Evaluation

Policy 1090 of the London Plan directs that “planning and development applications within

the Institutional Place Type “will be evaluated based on the Planning and Development

Applications section in the Our Tools part of this Plan”. Within the Our Tools section, Policies

1578 provides evaluations considerations for planning and development applications in

respect to the “use, intensity and form that is being proposed”. Policy 1578_7 speaks to

tests of impacts on adjacent nearby properties and Policy 1578_8 speaks to the “fit” of the

development within its context. The entirety of Policy 1578, however, is currently under

appeal.

Evaluation considerations for the proposed Zoning By-law Amendment, therefore, must rely

on Section 6.3 of the 1989 Official Plan concerning “Planning Impact Analysis” within the

Regional Facilities designation. Sections 6.3.2(i) and (ii) identify that applications for a site-

specific zoning by-law amendment require consideration of certain criteria. These criteria

and how are they are addressed for the proposed application are as follows:

o 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;

The proposed application formalizes uses that currently exist on the site as well as

add those compatible uses that reasonably associated with the operation of the site

by the Western Fair Association. The additional permitted uses of a hotel and casino

complements the regional entertainment function of the Western Fair and increases

accommodation options in London. The proposed redevelopment is not expected

to change the general function of the site from what currently exists. The expansion

of the gaming use of the site has been endorsed by the City Council and is an

appropriate extension of a use that has operated on the site for approximately 20

years.

o 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;

The site provides a size and shape(s) that accommodates flexibility for different

layouts for uses in the future and space to accommodate all necessary functions

access, circulation and parking related to the intensity of the uses. Block A is also

sufficiently sized and shaped on its own to address any layout requirements needed

at the time of Site Plan approval concerning the proposed casino, hotel and

grandstand redevelopment. The site is well served by existing transit routes and a

future BRT stop that will serve the intensity of visitors to the site.

o the supply of vacant land or vacant buildings in the area which is designated and/or

zoned for the proposed uses;

The Western Fair is a unique use and site in London. The proposed suite of

entertainment, retail, event, and recreation uses are specifically tied to this site and

the operation by the Western Fair Association, so the existing supply elsewhere is

not a warranted consideration. The casino use is currently not permitted elsewhere

in London, recognizing it is provincially licensed and regulated. The proposed hotel

use is meant to the integrated with the function of the casino, raceway, and other

event functions on the site, so it’s location is context-specific.

o 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;

o impacts of the proposed change on the transportation system including transit;

Paradigm Transportation Solutions Limited is currently preparing the Transportation

Impact Assessment for the site, considering the existing uses on the site together

with the higher end gross floor area estimates for the casino and hotel uses. At the

time of writing this report, the Assessment is expecting to analyse the intersections

(road or driveway) within the site’s boundaries, including the proposed new access

on Florence Street shown on the preliminary development concept. A holding

provision has been incorporated into the proposed zoning requiring the completion

of the Assessment and implementation of any recommendations prior to lifting.

o the height, location and spacing of any buildings in the proposed development, and

any potential impacts on surrounding land uses;

The proposed zoning does not request and site-specific regulations for the RF Zone

concerning building height (remains at 40 metres), except for a potential increased

height for hotels (up to 50 metres) through bonusing in keeping with the London Plan

maximum heights. The proposed hotel use is contemplated in a central location on

the WFA property and impacts on surrounding land uses are not expected, given

the scale of the building in relation to surrounding buildings on the site and the fact

the City and Western Fair Association owns much of the surrounding property fabric.

o 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;

Given the existing accesses to the site and size of the site, it is reasonably expected

that the City’s road access policies can be met at the time of detailed site design

during Site Plan approval. As above, the Traffic Impact Assessment for the site will

address traffic generation, patterns, and recommended improvements.

o 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;

The exterior design of proposed new buildings would be addressed at time of

detailed design through the Site Plan process. The bulk and scale of the proposed

new buildings is consistent with the surrounding larger footprint buildings within the

Western Fair District on the site on the south side of Florence Street. Guidance for

the layout and design of the site is provided by the Urban Design Guidelines

prepared as part of the Zoning By-law Amendment application, which provides

considerations for the Site Plan approval process.

o the potential impact of the development on surrounding natural features and heritage

resources;

Built heritage impacts are addressed in the Cultural Heritage Evaluation Report and

Archaeological Assessment summarized in Section 5 of this Planning Justification

Report. Impacts from the proposed redevelopment on existing listed or designated

buildings on the site or in the surrounding area are potentially conceived as “low” or

“moderate” and can be acceptably mitigated. Portions of the site are recommended

for additional archaeological study and/or monitoring and are subject to holding

provisions in the proposed zoning.

o 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;

The RWDI report outlined in Section 5 of this Planning Justification Report

demonstrated that the proposed hotel use, as a sensitive land use, is feasible in the

context of the surrounding industrial fabric and rail functions. Further study at the

time of detailed design is required for any plans for a hotel use by a holding provision

incorporated into the proposed zoning.

o 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;

The proposed development conforms to the direction of Official Plan as outlined

above in this section. The size and scale of the site and its individual blocks suggests

there will are no concerns related to zoning compliance, and detailed design of the

casino, hotel and grandstand facility will be addressed at the time of Site Plan

approval.

o 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.

No adverse impacts on surrounding land uses or streets are expected from the

proposed uses or proposed development.

6.4.3 Transportation

Streets

King Street, Dundas Street, and the connecting portion of Ontario Street are identified as

“Rapid Transit Boulevards” on Map 3 of the London Plan and there is a rapid transit station

identified at the intersection of Ontario Street and Dundas Street to north west of the site

(see Figure 9). Concerning this community structure element, Policies 95 through 98 for

Rapid Transit Boulevards in the London Plan are under currently appeal. Policy 96 specific

to Rapid Transit Corridor states:

Our Rapid Transit Corridors will connect the Downtown and Transit Villages along

rapid transit routes. A form of rapid transit that will strongly attract and promote infill

and intensification is intended for these corridors. Development along these corridors

will be of an intensity that will support rapid transit ridership, without detracting from

the highest intensity of development that is to be directed to the Downtown and Transit

Village centres.

Rapid Transit Boulevards from a street function perspective are meant to prioritize through

movement and connections to transit vehicles with high volumes of pedestrian, cycle and

vehicular traffic per Policy 371_3. Florence Street is identified as a “Civic Boulevard” on Map

3, which are meant to prioritize pedestrian, cycle and transit movement with medium to high

volumes of vehicular traffic per Policy 371_5. Rectory Street and Egerton Street are

identified as a “Neighbourhood Connector” on Map 3, which are meant to have priority for

pedestrians and move low to medium vehicular volumes per Policy 371_7. All the street

function policies of Policies 370 through 373 are currently under appeal.

The 1989 Official Plan has a similar road classification in terms of higher order functions for

the site’s abutting streets. Dundas Street, King/Ontario Street and Florence Street are all

identified as “Arterial Roads” in the 1989 Official Plan, which are meant to move high

volumes of intra-urban traffic at moderate speeds and with controlled or limited property

access. Egerton Street is identified as a “Primary Collector”, which are to move light to

moderate volumes of inter-neighbourhood traffic at moderate speeds and with limited

property access. Rectory Street is identified as a “Secondary Collector”, which intended to

move light volumes of traffic for short distances between local and arterial streets and which

are to provide access to individual properties.

The proposed application conforms to the in-effect streets policies of the 1989 Official Plan

as well as the intended polices of the London Plan currently under appeal. The site is well-

served by the surrounding road network that includes significant frontage on multiple higher

order streets that are meant to carry higher volumes of traffic, as designated by both the

London Plan and the 1989 Official Plan. The proposed development supports future rapid

transit use as desired by the London Plan with its proximity to a future station at the corner

of Dundas Street and Ontario Street. Concerning traffic flow and operations, a holding

provision has been incorporated into the proposed zoning requiring the completion of the

transportation impact study and implementation of any recommendations prior to lifting.

Transit

Policy 101 indicates that Rapid Transit Corridors are the “spine” of the city’s mobility network

and provide the broad connection function from “Downtown to neighbourhoods, institutions

and other employment nodes, centres of culture and commerce, and our urban areas”.

Policy 345 indicates that areas surrounding identified rapid transit stations on Map 3 will

have a high design standard and a transit-oriented built form. Complementing this primary

function, Policy 182 indicates a system of “base transit services will be integrated with, and

support, rapid transit to serve all areas of the city, with a focus on the Primary Transit Area”.

Policies 101, 102 and 338 through 345 of the London Plan are currently under appeal.

The 1989 Official Plan contains a similar focus for supporting public transit use. Section

18.2.11x) encourages higher density, mixed-use forms at major intersection that support

access to public transit, and specifically promotes transit access through the development

review process for larger community and regional facilities. Figure 18.1 focuses on Dundas

Street as a “Transit Corridor” between Downtown and the Argyle Mall. Section 18.2.11.1

identifies that Transit Corridors are meant to be “compact, transit oriented and pedestrian

friendly activity centres” and “are target areas for growth, redevelopment and revitalization”.

Section 18.2.11.1i) specifically discourages “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”.

The proposed application conforms with the in-effect transit policies of the 1989 Official Plan

and the intended polices of the London Plan currently under appeal. The site is well-

positioned to take advantage of existing bus stops on Dundas Street and Florence Street

that abut the site. The intensity and activity proposed for the casino, hotel and racetrack

facility is particularly well-positioned to support access by public transit, either existing bus

stops on Dundas Street or a new rapid transit station at Dundas Street and Ontario Street.

As a regional destination, the Western Fair will attract tourists to the site who can park their

vehicle at the site and use the City’s transit system to access the remainder of the city, while

those arriving from Via Rail or Greyhound bus can use the city’s transit system to reach the

site. Both existing and future transit stops on Dundas Street would be connected to this new

facility through the existing walkways in Queens Park.

Active Transportation

Map 4 of The London Plan identifies the City’s active mobility network (see Figure 10). The

extension of King Street leading, through Queens Park, and along Dundas Street are all

identified as “Cycling and Walking Routes” as part of the overall active transportation

network. Policy 347 states that this active mobility network will be considered in the

evaluation of planning and development applications. The entirety of the Active Mobility

policies, however, are currently under appeal (Policies 346 through 361).

Similarly, the 1989 Official Plan also supports the establishment of a connected and

comfortable transportation system of those walking and cycling. Section 8.2.13 of the 1989

Official Plan supports safe and efficient pedestrian environments for a diversity of

populations, ages and health groups. Section 8.2.14 promotes improvements to enhance

cycling as a means of transportation.

The proposed application is consistent with the in-effect active transportation-related

policies of the 1989 Official Plan and the intended polices of the London Plan currently under

appeal. All bounding streets have public sidewalks on both sides of the street (except for

Egerton and Florence where the racetrack abuts the street edge). Bicycle traffic would be

accommodated in shared traffic on these abutting streets. Queens Park provides

comfortable walkway connections from Dundas Street to what would be the front face of the

proposed casino and hotel complex. Detailed design of the proposed development at time

of Site Plan Approval can incorporate new active transportation connections internal to the

site to integrate with the surrounding system, and active transportation considerations are

contained in the Urban Design Guidelines prepared for the site.

6.4.4 Heritage

Policy 557 indicates the City will prepare and maintain a register that lists properties of

cultural heritage value or interest per the Heritage Act, which may include designated and

non-designated properties. On the site, the Arts Building constructed in 1910 and the

Confederation Building constructed in 1929 are identified in the City’s Inventory of Heritage

Resources (2006) as “Priority 1 Buildings”. As well, there are two adjacent designated

heritage properties located at 869-871 Dundas Street and at 864-872 Dundas Street/417

Ontario Street. Policy 565, which is currently under appeal, indicates that development and

redevelopment taking place on and adjacent to properties listed on the Inventory are to be

“designed to protect the heritage attributes and character of those resources, to minimize

visual and physical impact on these resources” and that a heritage impact assessment will

be required “to assess potential impacts, and explore alternative development approaches

and mitigation measures to address any impact to the cultural heritage resource and its

heritage attributes”.

The 1989 Official Plan also contains policies for built heritage protection requiring the

preparation of heritage impact assessments. Section 13.2.1 identifies the City will prepare

and maintain an inventory of properties of cultural heritage value or interest that establishes

priority levels for the protection of each heritage resource. Section 13.2.3.1 requires land

adjacent to designated heritage properties where development, site alteration, or demolition

are proposed to undergo a heritage impact statement to determine that the heritage values,

attributes and integrity of heritage resource will be maintained.

Common Bond Collective’s combined report outlined in Section 5 of the Planning

Justification Report satisfies the requirements for a heritage impact assessment. The report

concluded generally that potential impacts range from “low to moderate” in severity, but

reasonable mitigation measure can reduced such impacts to “low or negligible”.

6.4.5 Archaeological Resources

Policy 611 of the London Plan identifies that development or site alteration is not permitted

on land containing archaeological resources or areas of archaeological potential unless

significant archaeological resources have been conserved” and that while preservation is

the preferred method, removal and documentation is permitted in some cases. Timmins

Martelle’s Stage 1 Archaeological Assessment reviewed “Block A” containing the proposed

casino, hotel and racetrack (among other uses). This Assessment found that although the

site’s development associated with the Western Fair has removed “much if not all the

potential for Indigenous archaeological resources” on the site, there remains potential

related to several 19th century land uses on the site including the former St. Paul’s Cemetery

located on the west portion of the site. The Stage 1 Assessment recommends further study

for the western portion of the site corresponding generally to existing parking areas. Holding

provisions have been included in the proposed zoning for the site for further study and/or

monitoring of archaeological resources on the site.

6.4.6 Bonus Zoning

The London Plan permits City Council with the authority to pass a By-law that authorizes

increased height and density than is regularly permitted in the Zoning By-law in return for

community benefits. Policy 1639 allows such bonusing for the “provision of facilities,

services, or matters in return for an increase in the height or density of development” subject

to agreements with the City for such benefits. The Institutional Place Type allows building

heights up to 12 storeys or up to 15 storeys subject to “Type 2 Bonusing” which requires

community benefits in exchange for the additional height. The entirety of the bonusing

section (Policies 1638 through 1655) in the London Plan is currently under appeal.

Section 19.4.4 of the 1989 Official Plan also contains bonusing policies for height and

density. Section 19.4.4ii) identifies that bonus zoning is meant to “encourage development

features which result in a public benefit which cannot be obtained through the normal

development process”. Section 19.4.4iii) indicates that the zoning by-law may contain bonus

zoning provisions for all development forms that describe the qualifying facilities, services

or matters and the extent of the height and density increases.

Bonus zoning is proposed as an option for an additional 3 storeys in height for the hotel in

exchange for community benefits. The identified community benefits include the provision

of common open space, underground or structured parking, the enhanced provision of

landscape open space, sustainable forms of development, contributions to the development

of transit amenities, features and facilities, and car parking, car sharing and bicycle sharing

facilities all accessible to the public. The identified community benefits are in keeping with

the potential list identified in the 1989 Official Plan, and are consistent with the broader list

allowed per the London Plan’s direction.

7. Conclusion

The City of London Realty Services Division and the Western Fair Association are

submitting a Zoning By-law Amendment for the portions of the Western Fair property at 900

King Street in London. The proposed application is necessary to facilitate the phased

redevelopment of a portion of the site that would involve the demolition of some existing

buildings and the construction a new casino, hotel and grandstand building. At the same

time, the application seeks to refine the existing zoning and special provisions on the portion

of the WFA property to provide more contemporary zoning. The proposed zoning would

replace the existing Special Provision on the affected site with a new Special Provision that

adds additional permitted uses including a casino and hotel; adds definitions for certain uses

including “Casino”, “Racetrack Operations” and “Fairgrounds”; provides site-specific

regulations concerning parking, gross floor area, setbacks and building height; and adds

bonusing considerations for additional height for hotel uses.

It is our opinion that that the proposed Zoning By-law Amendment application is appropriate

and represents good planning for the following reasons:

1. The application is consistent with the policies of the Provincial Policy Statement

concerning intensification and redevelopment within the built-up area, a range of

employment, entertainment and recreation functions as part of a complete

community, and contributions to economic prosperity in London.

2. The application appropriately implements the London Plan direction concerning the

Institutional Place Type and site-specific policies for the Western Fairgrounds as it

provides for with a range of permitted uses that are reasonable and support the

agriculturally-based entertainment and recreation intent for the Wester Fair District.

3. The application and its request for a hotel use as a permitted use would conform to

the in-effect 1989 Official Plan once amended by the concurrent City Planning-

initiated Official Plan Amendment that “brings forward” the policy direction of the

under appeal London Plan on a site-specific basis.

4. The proposed development form satisfies the considerations of the “Planning Impact

Analysis” of the 1989 Official Plan for zoning by-law amendments, concerning

matters related to compatibility, built form, traffic, and other impacts.

5. Holding provisions within the proposed zoning ensure that matters of built heritage,

archaeology, transportation and access, and compatibility for sensitive permitted

uses are addressed at the time of detailed design.

Appendix A

Record of Pre-Application Consultation

Appendix B

Draft Zoning By-law

File: OZ-8489

Bill No. (number to be inserted by Clerk's Office)

2018

By-law No. Z.-1-18_____________

A by-law to amend By-law No. Z.-1 to

rezone the land located at 900 King

Street.

WHEREAS City of London’s Realty Services has applied to rezone an area of land

located at 900 King Street, as shown on the map attached to this by-law, as set out below;

AND WHEREAS this rezoning conforms to the City’s Official Plan and the portions of

the London Plan that are in force and effect concerning the subject property;

THEREFORE the Municipal Council of The Corporation of the City of London enacts

as follows:

1) Schedule “A” to By-law No. Z.-1 is amended by changing the zoning applicable to lands

located at 900 King Street East, as shown on the attached map comprising part of Key Map

No. A108, from a Regional Facility Special Provision RF(2) Zone to a Holding Regional Facility

Special Provision RF(14) (h-18.h-55.h-“A”.h-“B”) Zone.

2) Section Number 3.8 of the Holding “h” Zone is amended by adding the following Holding

Provisions:

3.8) h-“A” Notwithstanding the h-18 provision, where a Stage 1 archaeological

assessment has been prepared to the satisfaction of the Ministry of Tourism,

Culture and Sport and such assessment recommends no further

archaeological work is required on a Lot or portions of a Lot, development

may occur provided archaeological monitoring is under undertaken as

development or site alteration on the affected land proceeds. The h-“A”

symbol shall be deleted upon execution of a Development Agreement with

the City of London that contains provision related to such monitoring.

h-“B” To ensure there is no land use conflicts between permitted hotel uses on the

site and surrounding industrial properties and rail facilities, a detailed Land

Use Compatibility Assessment shall be carried out by a qualified professional

shall be completed to provide direction on how the proposed hotel use can

be appropriately designed, buffered and/or separated from the existing major

facilities to prevent or mitigate potential adverse air quality, dust, odour and

noise/vibration impacts from nearby industries and rail traffic. The h-“B”

symbol shall be deleted upon acceptance of the Assessment by the City of

London.

3) Section Number 31.4 a) is amended with the addition of the following Special Provision:

2) RF(14) Area bounded by Rectory Street, King Street, Ontario Street, Dundas Street,

Egerton Street and Florence Street

a) Additional Permitted Uses (for entire area):

(i) Ancillary Office

(ii) Amusement Game Establishment

(iii) Amusement Park

(iv) Auditorium

(v) Brewing Premises Establishment

(vi) Boutique

(vii) Casino

(viii) Craft Brewery

(ix) Fairgrounds

(x) Hotel

(xi) Race Track Operations

(xii) Restaurant

(xiii) Retail Store

(xiv) Urban Agriculture

b) Regulations:

(i) Height (Maximum) for Hotel: 40 metres, or 50 metres under the bonusing

provision in c) below

(ii) Gross Floor Area (Maximum) for Casino: 20,000 square metres

(iii) Gross Floor Area (Maximum) for Hotel: 14,000 square metres

(iv) Parking for any permitted use: 1 spaces for each 22 square metres of gross

floor area

(v) Notwithstanding Section 4.19.3) of By-law Z.1, required parking spaces

may be provided on other lots subject to the RF(2) and RF(14) Zones.

(vi) Yard Depth (Minimum) abutting any public street: 3 metres

(vii) Walls bounding the racing track associated with Racetrack Operations are

not subject to the Yard Depth requirements identified in (vi).

c) Bonusing Regulations:

Hotel uses are permitted up to a maximum height of 50 metres in exchange for

one or any combination of the following community benefits that in their totality are

commensurate with the extent of the greater height:

(i) Provision of common open space

(ii) Underground or structured parking

(iii) Enhanced provision of landscape open space

(iv) Sustainable forms of development

(v) Contribution to the development of transit amenities, features and facilities

(vi) Car parking, car sharing and bicycle sharing facilities all accessible to the

general public

The owner of the lot upon which the community benefits are to be provided or

contributed for bonusing purposes shall enter into an agreement with the City

pursuant to Section 37 of the Planning Act, which is to be registered on title.

4) The following additional definitions apply land subject to the RF(14) Special Provision:

a) “CASINO” means a facility for the purposes of gambling that is licensed and

regulated by the Province of Ontario which includes slot machines and table

games and may include other games, devices or lottery schemes permitted by the

Province of Ontario and may also include integrated accessory uses such as retail,

restaurants, theatres, places of assembly, and similar entertainment-related uses.

b) “FAIRGROUNDS” means the use of land, buildings or structures for the purposes

of holding fairs and events, which includes but is not limited to activities that are

agricultural, entertainment, commercial and trade, sports, recreational, food and

dining, or corporate in nature, together with ancillary office and retail uses for the

conduct and administration of such activities.

c) “RACE TRACK OPERATIONS” means a facility licensed and regulated by the

Province of Ontario for the racing of horses for entertainment and gambling

purposes, together with ancillary uses related to the conduct of horse races,

including grandstands for viewing and areas for the stabling, grooming, training

and showing of horses, as well as accessory uses such as restaurants,

administrative offices, and retail.

d) “URBAN AGRICULTURE” broadly means the practice of growing, processing,

sharing, and distributing food within the city. It can involve a range of different

activities operating either together or individually, including the cultivation of plants

through various cultivation methods, the keeping of animals for food production,

and the cultivation of aquatic animals. It allows both:

(i) An URBAN INDOOR FARM, which means land within the urban boundary used

for the cultivation and harvesting of plant and animal products primarily within

buildings, together with accessory uses including on‐site sales, outdoor storage,

and food packaging and processing; and,

(ii) An URBAN OUTDOOR FARM, which means land with the urban boundary used

for the cultivation and harvesting of plant and animal products, together with

accessory uses including on‐site sales, composting plants grown on‐site,

outdoor storage, and buildings and structured ancillary to the operation of the

site and for the extension of the growing season.

This By-law shall come into force and be deemed to come into force in accordance with

Section 34 of the Planning Act, R.S.O. 1990, c. P13, either upon the date of the passage of

this by-law or as otherwise provided by the said section.

PASSED in Open Council on ________________, 2018.

_______________________

Mayor

_______________________

City Clerk

First Reading - _________________

Second Reading - _________________

Third Reading - _________________

From RF(2) Zone to RF(14) H18 H55 H”A” H”B” Zone

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