Planning and Environment Committee

Report

Meeting #:	10th Meeting of the Planning and Environment Committee
Date:	Monday, May 27, 2019 at 4:00 P.m. - 5:00 P.m.
Location:	Council Chambers

PRESENT:

• Councillors A. Hopkins (Chair),
• J. Helmer,
• M. Cassidy,
• P. Squire,
• and S. Turner

ABSENT:

• Mayor E. Holder

ALSO PRESENT:

• I. Abushehada, G. Barrett, B. Debbert, M. Elmadhoon, M. Feldberg, J.M. Fleming, P. Kokkoros, J. Lee, H. Lysynski, T. Macbeth, B. Morin, N. Pasato, M. Pease, L. Pompilii, C. Saunders, C. Smith, S. Spring, M. Tomazincic, R. Turk, B. Warner, S. Wise and P. Yeoman

   

   

  The meeting was called to order at 4:02 PM

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1.

Disclosures of Pecuniary Interest

• That it BE NOTED that Councillor M. Cassidy disclosed a pecuniary interest in clause 3.6 of this Report, having to do with  the property located at 307 Fanshawe Park Road East, by indicating that her family owns property in the area.

  
  
  
  

2.

Consent

• Moved by: M. Cassidy
  Seconded by: J. Helmer

  That Items 2.1 and 2.2, inclusive, BE APPROVED.

  
  

  Yeas: (5)	J. Helmer, M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (1)	E. Holder

  
  Motion Passed (5 to 0)

2.1

Application - Portion of 146 Exeter Road (Richardson Subdivision) 39T-15501, Lots 1-6, 19-42 - Removal of Holding Provisions (H-8983)

• Moved by: M. Cassidy
  Seconded by: J. Helmer

  That, on the recommendation of the Director, Development Services, based on the application by Sifton Properties Limited, relating to the property located on a portion of 146 Exeter Road, (Richardson Subdivision, 39T-15501, Lots 1-6, 19-42), the proposed by-law appended to the staff report dated May 27, 2019 BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2019 to amend Zoning By-law Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Residential R1 Special Provision (h*h-100*R1-4(29)) Zone TO a Residential R1 Special Provision (R1-4(29)) Zone to remove the “h” and “h-100” holding provision from a portion of the lands.   (2019-D09)

  
  
  
  Motion Passed

2.2

Closed School Sites: Evaluations and Approach (18 Elm Street and 1958 Duluth Crescent) (17 CLO)

• Moved by: M. Cassidy
  Seconded by: J. Helmer

  That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the letters of interest from the London District Catholic School Board for the surplus school sites at 18 Elm Street and 1958 Duluth Crescent:

   

  a)         no action BE TAKEN by the City of London in response to the letters of interest from the London District Catholic School Board (LDCSB) for the two surplus school sites;

   

  b)         the staff report dated May 27, 2019, entitled “Closed School Sites:  Evaluations and Approach (18 Elm Street and 1958 Duluth Crescent)" BE CIRCULATED to the Housing Development Corporation, London; and,

   

  c)         the above-noted report BE RECEIVED for information;

   

  it being noted that the Housing Development Corporation, London (HDC), as the delegated Service Manager for new affordable housing, will be expressing an interest in these lands for the purpose of providing affordable housing and accommodating suitable parkland to meet municipal needs; and,

   

  it being further noted that the Board of the HDC has authorized its participation in this expression of interest.    (2019-L07)

  
  
  
  Motion Passed

2.3

Bill 108 - More Homes, More Choice Act, 2019

• Moved by: J. Helmer
  Seconded by: S. Turner

  That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to Bill 108 – More Homes, More Choice Act, 2019:  

   

  a)         the staff report dated May 27, 2019, entitled “Bill 108 – More Homes, More Choices Act, 2019 Update Report" BE RECEIVED for information; and,

   

  b)         the above-noted report BE FORWARDED, with a cover letter, to the Ministry of Municipal Affairs and Housing for consideration in response to the Environmental Registry of Ontario (ERO) posting of the proposed regulation; it being noted that the comment period is from May 2, 2019 to June 1, 2019;

   

  it being noted that, as of May 14, 2019, Bill 108 was in debate at Second Reading; and,

  it being further noted that the Civic Administration will report back to the Municipal Council with any further information on legislative changes arising from this Bill.   (2019-D04)

  
  

  Yeas: (4)	J. Helmer, M. Cassidy, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and P. Squire

  
  Motion Passed (4 to 0)

3.

Scheduled Items

3.1

Public Participation Meeting - 146 Exeter Road (Blocks 36 and 37, Richardson Subdivision) 39T-15501 (Z-9034)

• Moved by: P. Squire
  Seconded by: S. Turner

  That, on the recommendation of the Director, Development Services, based on the application by 110312 Ontario Limited, relating to the property located on a portion of 146 Exeter Road, (Block 36 and 37, Richardson Subdivision 39T-15501), the proposed by-law appended to the staff report dated May 27, 2019 BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2019 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Holding Residential R5 Special Provision/Residential R6 Special Provision (h*h-100*h-198*R5-4(23)/R6-5(51)) Zone TO a Holding Residential R4 Special Provision /Residential R5 Special Provision/Residential R6 Special Provision (h*h-100*h-198*R4-6(  )/R5-4(23)/R6-5(51)) Zone;

   

  it being pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions regarding these matters;

   

  it being further noted that the Municipal Council approves this application for the following reasons:

   

  •              the recommended amendment is consistent with, and will serve to implement the policies of the Provincial Policy Statement, 2014 which encourage infill and intensification and the provision of a range of housing types, and efficient use of existing infrastructure;

  •              the recommended amendment is consistent with the policies of the Multi-Family, Medium Density Residential designation and will implement an appropriate housing form in accordance with Official Plan policies;

  •              the proposed residential uses and scale of development are consistent with the policies of the Southwest Area Secondary Plan;

  •              the subject lands are of a suitable size and shape to accommodate the development proposed; and,

  •              additional considerations such as on-street parking, street trees, and design, will be addressed at site plan.   (2019-D09)

  
  

  Yeas: (5)	J. Helmer, M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (1)	E. Holder

  
  Motion Passed (5 to 0)

  Additional Votes:

  
  
• Moved by: M. Cassidy
  Seconded by: S. Turner

  Motion to open the public participation meeting.

  
  

  Yeas: (4)	J. Helmer, M. Cassidy, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and P. Squire

  
  Motion Passed (4 to 0)
• Moved by: S. Turner
  Seconded by: M. Cassidy

  Motion to close the public participation meeting.

  
  

  Yeas: (5)	J. Helmer, M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (1)	E. Holder

  
  Motion Passed (5 to 0)

3.2

Public Participation Meeting - Application - 146 Exeter Road (OZ-9038)

• Moved by: S. Turner
  Seconded by: M. Cassidy

  That, on the recommendation of the Director, Development Services, the following actions be taken with respect to the application by The Corporation of the City of London, relating to the property located at 146 Exeter Road:

   

  a)            the proposed by-law appended to the staff report dated May 27, 2019 as Appendix "A" BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2019 to amend the Official Plan to:

   

  i)          change the designation on Schedule “A” - Land Use FROM a “Multi-Family, Medium Density Residential” designation TO a “Low Density Residential” and “Open Space” designation; and,

  ii)         change Section 20.5 (Southwest Area Secondary Plan), Schedule 4 (Southwest Area Land Use Plan), FROM “Medium Density Residential” TO “Low Density Residential and “Open Space”, and Schedule 10 (Central Longwoods Residential Neighbourhood Land Use Designations), FROM “Medium Density Residential” TO “Low Density Residential” and “Open Space”;

   

  b)            the proposed by-law appended to the staff report dated May 27, 2019 as Appendix "B" BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2019 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan as amended in part a) above), to change the zoning of the subject property FROM an Open Space (OS1) Zone TO a Residential R1 Special Provision (R1-4(29)) Zone;

   

  c)            the proposed by-law appended to the staff report dated May 27, 2019 as Appendix "C" BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2019, to amend The London Plan by AMENDING Policy 1565_ List of Secondary Plans, 5. Southwest Area Secondary Plan, Section 20.5 (Southwest Area Secondary Plan), Schedule 4 (Southwest Area Land Use Plan), FROM “Medium Density Residential” TO “Low Density Residential and “Open Space”, and Schedule 10 (Central Longwoods Residential Neighbourhood Land Use Designations), FROM “Medium Density Residential” TO “Low Density Residential” and “Open Space”;

   

  it being noted that the amendments will come into full force and effect concurrently with The London Plan;

   

  it being pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions regarding these matters;

   

  it being further noted that the Municipal Council approves this application for the following reasons:

   

  •              the recommended amendment is consistent with, and will serve to implement the policies of the Provincial Policy Statement, 2014 which encourage a range of housing types, efficient use of infrastructure, and the protection of the natural environment;

  •              the proposed change to the Southwest Area Secondary Plan is consistent with The London Plan;

  •         the recommended zoning amendment is consistent with the policies of The London Plan, and the amended Southwest Area Secondary Plan; and,

  •              the proposed change is being recommended in relation to Municipal Council’s previous recommendations for the draft plan of subdivision for these lands to more accurately reflect the planned and approved uses in this area.   (2019-D09)

  
  

  Yeas: (5)	J. Helmer, M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (1)	E. Holder

  
  Motion Passed (5 to 0)

  Additional Votes:

  
  
• Moved by: S. Turner
  Seconded by: J. Helmer

  Motion to open the public participation meeting.

  
  

  Yeas: (5)	J. Helmer, M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (1)	E. Holder

  
  Motion Passed (5 to 0)
• Moved by: S. Turner
  Seconded by: M. Cassidy

  Motion to close the public participation meeting.

  
  

  Yeas: (5)	J. Helmer, M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (1)	E. Holder

  
  Motion Passed (5 to 0)

3.3

Public Participation Meeting - Application -1350 Trafalgar Street (Z-9009)

• Moved by: J. Helmer
  Seconded by: S. Turner

  That, on the recommendation of the Director, Development Services, based on the application by Yardigans Estate Liquidation Services, relating to the property located at 1350 Trafalgar Street, the proposed by-law appended to the staff report dated May 27, 2019 BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2019 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a General Industrial (GI1) Zone TO a General Industrial Special Provision (GI1(_)) Zone;

   

   

  it being pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions regarding these matters;

   

  it being further noted that the Municipal Council approves this application for the following reasons:

   

  •              the proposed reuse of the existing unit is consistent with the Provincial Policy Statement 2014, and maintains the economic contributions of the employment lands;

  •              the proposed commercial use is appropriate for the subject site and conforms to the 1989 Official Plan Brydges Area Specific Policy and the general intent of The London Plan;

  •              the recommended amendment will ensure the continued operation and viability of the industrial area for current and future uses; and,

  •              the commercial use has demonstrated there will be no adverse impacts produced that would affect nearby sensitive uses or the long-term viability of the adjacent industrial uses.   (2019-D09)

  
  

  Yeas: (4)	J. Helmer, P. Squire, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and M. Cassidy

  
  Motion Passed (4 to 0)

  Additional Votes:

  
  
• Moved by: M. Cassidy
  Seconded by: S. Turner

  Motion to open the public participation meeting.

  
  

  Yeas: (5)	J. Helmer, M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (1)	E. Holder

  
  Motion Passed (5 to 0)
• Moved by: S. Turner
  Seconded by: M. Cassidy

  Motion to close the public participation meeting.

  
  

  Yeas: (5)	J. Helmer, M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (1)	E. Holder

  
  Motion Passed (5 to 0)

3.4

Public Participation Meeting - Application - 348 Sunningdale Road East (Z-9011)

• Moved by: S. Turner
  Seconded by: M. Cassidy

  That, on the recommendation of the Director, Development Services, the following actions be taken with respect to the application by Westchester Homes Ltd., relating to the property located at 348 Sunningdale Road East:

   

  a)            the comments received from the public during the public engagement process appended to the staff report dated May 27, 2019 as Appendix “A”, BE RECEIVED; and,

   

  b)            Planning staff BE DIRECTED to make the necessary arrangements to hold a future public participation meeting regarding the above-noted application in accordance with the Planning Act, R.S.O 1990, c.P. 13;

   

  it being noted that staff will continue to process the application and will consider the public, agency, and other feedback received during the review of the subject application as part of the staff evaluation to be presented at a future public participation meeting;

   

  it being pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions regarding these matters.   (2019-D09)

  
  

  Yeas: (5)	J. Helmer, M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (1)	E. Holder

  
  Motion Passed (5 to 0)

  Additional Votes:

  
  
• Moved by: S. Turner
  Seconded by: P. Squire

  Motion to open the public participation meeting.

  
  

  Yeas: (4)	J. Helmer, P. Squire, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and M. Cassidy

  
  Motion Passed (4 to 0)
• Moved by: S. Turner
  Seconded by: M. Cassidy

  Motion to close the public participation meeting.

  
  

  Yeas: (5)	J. Helmer, M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (1)	E. Holder

  
  Motion Passed (5 to 0)

3.5

Public Participation Meeting - Application - 126 Oxford Street West (Z-9007)

• Moved by: P. Squire
  Seconded by: J. Helmer

  That, on the recommendation of the Director, Development Services, based on the application by Underhill Holdings London Inc., relating to the property located at 126 Oxford Street West, the request to amend Zoning By-law No. Z.-1 to change the zoning of the subject property FROM a Residential R2 (R2-2) Zone which permits single detached dwellings, semi-detached duplex and converted dwellings TO a Residential R3 Special Provision (R3-2 (_)) Zone, to permit single detached dwellings, semi-detached dwellings, duplex dwellings, triplex dwellings, converted dwellings and fourplex dwellings, BE REFUSED for the following reasons:

   

  a)            the requested amendment is not consistent with the policies of the Provincial Policy Statement, 2014 that encourage efficient development and land use patterns, the identification of appropriate locations for intensification and redevelopment, and development that is consistent with development standards such as those approved for the Near Campus Neighbourhoods;

   

  b)            the requested amendment does not conform to the Residential Intensification policies of the ’89 Official Plan which direct intensification to ensure that character and compatibility with the surrounding neighbourhood is maintained;

   

  c)            the requested amendment does not conform to the Transit Corridor Place Type or the polices for Near Campus Neighbourhoods regarding coordinated and comprehensive applications for intensification as opposed to site-specific developments.

   

  d)            the requested amendment does not conform to the Transit Corridor Place Type or the policies for Near Campus Neighbourhoods which encourage intensification in medium and high density forms and discourage continued intensification in low density forms of housing;

   

  e)            the requested amendment does not conform to the Residential Intensification policies of The London Plan which direct intensification to ensure that character and compatibility with the surrounding neighbourhood is maintained; and,

   

  f)             the requested amendment would constitute “spot” zoning and is not considered appropriate in isolation from the surrounding neighbourhood.  The subject site does not have any special attributes which warrant a site specific amendment to permit the proposed form and intensity of development;

   

  it being pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions regarding these matters;

   

  it being further noted that the Municipal Council refuses this application for the following reasons:

   

  •              the requested amendment is not consistent with the policies of the 2014 Provincial Policy Statement that encourage efficient development and land use patterns, the identification of appropriate locations for intensification and re-development, and development that is consistent with development standards such as those approved for the Near Campus Neighbourhoods;

  •              the requested amendment is not consistent with the Residential Intensification policies of the ’89 Official Plan which direct intensification to ensure that character and compatibility with the surrounding neighbourhood is maintained;

  •              the requested amendment is not consistent with the policies for Near Campus Neighbourhoods (962) regarding coordinated and comprehensive applications for intensification as opposed to site-specific developments;

  •              the requested amendment is not consistent with Council adopted London Plan, Rapid Transit Corridor Place Type policies (*826) regarding coordinated and comprehensive applications for intensification;

  •              the requested amendment is not consistent with the policies for Near Campus Neighbourhoods (962) which encourage intensification in medium and high density designations and forms and discourage continued intensification in low density forms of housing;

  •              the requested amendment is not consistent with the Council adopted London Plan, Rapid Transit Corridor Place (*841) policies which encourage intensification in mix used forms and discourage any intensification in low density residential forms of housing; and,

  •              the requested amendment would constitute “spot” zoning and is not considered appropriate in isolation from the surrounding neighbourhood.  The subject site does not have any special attributes which warrant a site specific amendment to permit the proposed form and intensity of development.    (2019-D09)

  
  

  Yeas: (5)	J. Helmer, M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (1)	E. Holder

  
  Motion Passed (5 to 0)

  Additional Votes:

  
  
• Moved by: P. Squire
  Seconded by: S. Turner

  Motion to open the public participation meeting.

  
  

  Yeas: (5)	J. Helmer, M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (1)	E. Holder

  
  Motion Passed (5 to 0)
• Moved by: S. Turner
  Seconded by: M. Cassidy

  Motion to close the public participation meeting.

  
  

  Yeas: (5)	J. Helmer, M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (1)	E. Holder

  
  Motion Passed (5 to 0)

3.6

Public Participation Meeting - Application - 307 Fanshawe Park Road East (Z-9006)

• That it BE NOTED that the Planning and Environment Committee was unable to reach a majority decision with respect to the application by Royal Premier Homes, relating to the property located at 307 Fanshawe Park Road East and pursuant to Section 19.3 of the Council Procedure By-law, the matter is hereby submitted to the Municipal Council for its disposition;

   

  it being noted that the Planning and Environment Committee reviewed and received the following communications with respect to this matter:

   

  •              a communication dated May 16, 2019, from M. Crawford, 21 Camden Place;

  •              a communication dated February 27, 2019, from B. Day, 1277 Hastings Drive; and,

  •              the attached communication from M. Crawford, 21 Camden Place;

   

  it being pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions regarding these matters.   (2019-D09)

  
  
  
  

  Additional Votes:

  
  
• Moved by: S. Turner
  Seconded by: J. Helmer

  Motion to approve parts a) and b) which reads as follows:

   

  That, on the recommendation of the Director, Development Services, the following actions be taken with respect to the application of Royal Premier Homes, relating to the property located at 307 Fanshawe Park Road East:

  a)    the proposed by-law appended to the staff report dated May 27, 2019 BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2019 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Holding Residential R1/ Bonus (h-5*h-54*h-89*R1-8*B-15) Zone TO a Holding Residential R5 Special Provision (h-5*h-54*h-89*R5-7 (_)) Zone; and,

  b)    pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN as the change to the Zoning By-law from an R8 category to an R5 category is minor in nature; the recommended R5 zone was publicly considered as part of the Notice of Application; and, the development proposal that has been publicly vetted remains the same notwithstanding the change to the zone category;

  
  

  Yeas: (2)	J. Helmer, and S. Turner
  Nays: (2)	P. Squire, and A. Hopkins
  Absent: (2)	E. Holder, and M. Cassidy

  
  Motion Failed (2 to 2)
• Moved by: S. Turner
  Seconded by: P. Squire

  Motion to open the public participation meeting.

  
  

  Yeas: (4)	J. Helmer, P. Squire, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and M. Cassidy

  
  Motion Passed (4 to 0)
• Moved by: S. Turner
  Seconded by: A. Hopkins

  Motion to close the public participation meeting.

  
  

  Yeas: (4)	J. Helmer, P. Squire, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and M. Cassidy

  
  Motion Passed (4 to 0)

4.

Items for Direction

4.1

Request for Delegation Status - S. Allen, MHBC Planning Urban Design and Landscape Architecture - 3080 Bostwick Road (Site 5)

• Moved by: M. Cassidy
  Seconded by: P. Squire

  That S. Allen, MHBC, BE GRANTED delegation status at the June 17, 2019 Planning and Environment Committee meeting relating the application by 731675 Ontario Limited (c/o York Developments), with respect to the property located at 3080 Bostwick Road.  (2019-D09)

  
  

  Yeas: (5)	J. Helmer, M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (1)	E. Holder

  
  Motion Passed (5 to 0)

5.

Deferred Matters/Additional Business

• None.

  
  
  
  

6.

Adjournment

The meeting adjourned at 9:44 PM.