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Council
MINUTES
12TH MEETING
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June 25, 2013
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The Council meets in Regular Session in the
Council Chambers this day at 4:04 PM.
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PRESENT: Mayor J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert,
D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E.
White and C. Saunders (City Clerk).
ALSO PRESENT: A. Zuidema, J.P. Barber, G.
Belch, J. Braam, B. Coxhead, S. Datars Bere, J. Edward, J. Fleming, G.T.
Hopcroft, G. Kostifas, L. Livingstone, V. McAlea Major, K. Owen, L.
Palarchio, R. Paynter, J. Purser, L.M. Rowe, R. Sharpe, J. Smout, B. Warner
and B. Westlake-Power.
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At the beginning of the Meeting all Members
are present, except Councillor P. Van Meerbergen.
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Councillor P. Hubert discloses a pecuniary
interest in clause 7 of 12th Report of the Community and Protective Services
Committee, having to do with an update on the decentralization of Ontario
Works, by indicating that he is the Executive Director of a social services
agency that has a purchase of service agreement with Ontario Works.
Councillor P. Hubert further discloses a pecuniary interest in clause 10 of
the 12th Report of Community and Protective Services Committee, having to do
with a graffiti removal partnership, by indicating that he is the President
of a company that provides graffiti removal services. Councillor P. Hubert
further discloses a pecuniary interest in clause 2 of the 12th Report of the
Community and Protective Services Committee, having to do with the 2nd Report
of the Child Care Advisory Committee, by indicating that his daughter is an
employee of the YMCA Child Care Administration Office.
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Councillor D. Brown discloses a pecuniary
interest in clause 13 of the 12th Report of the Community and Protective
Services Committee, having to do with an update on the Taxicab and Limousine
Licensing By-law and related issues, by indicating that her employer owns a taxi
dispatch service. Councillor D. Brown further discloses a pecuniary interest
in clause 12 of the 14th Report of the Planning and Environment Committee, having
to do with the demolition request for the properties located at 275, 277 and
281 Thames Street, by indicating that her employer owns the subject properties.
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Councillor J.P. Bryant discloses a
pecuniary interest in clause 14 of the 12th Report of the Community and
Protective Services Committee, and related Bill No. 280, having to do with
residential rental unit licensing fees, by indicating that she has a rental
unit in her home.
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Councillor B. Armstrong discloses a
pecuniary interest in clause 14 of the 12th Report of the Community and
Protective Services Committee, and related Bill No. 280, having to do with
residential rental licensing fees, by indicating that he owns residential
rental units.
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Councillor J.B. Swan discloses a pecuniary
interest in clause 2 of the 7th Report of the Investment and Economic
Prosperity Committee, having to do with the Orchestra London business plan,
by indicating that he is employed by Orchestra London.
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Councillor J.L. Baechler discloses a
pecuniary interest in clause 3 of the 16th Report of the Planning and
Environment Committee, and related Bill No.s 313 and 320, having to do with
applications related to the properties located at 3312-3405 Wonderland Road
South and 1789 Wharncliffe Road South, by indicating that the proposal
includes the development of a Lowe’s retail store and her son is employed by
Lowe’s. Councillor J.L. Baechler further discloses a pecuniary interest in
clause 10 of the 15th Report of the Planning and Environment Committee,
having to do with applications related to the properties located at 3312-3405
Wonderland Road South and 1789 Wharncliffe Road South, by indicating that the
proposal includes the development of a Lowe’s retail store and her son is
employed by Lowe’s.
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Councillor M. Brown discloses a pecuniary
interest in clause 3 of the 14th Report of the Planning and Environment
Committee, and related Bill No. 303, having to do with an application related
to the property located at 2095 Coronation Drive, by indicating that his home
is in the circulation area of the subject property. Councillor M. Brown
further discloses a pecuniary interest in clause 3 of the 7th Report of the
Investment and Economic Prosperity Committee, having to do with the key
cultural prosperity plan initiatives funded by the Culture Office in 2013, by
indicating that he is employed by the Thames Valley District School Board,
which receives funding under the LAIR program. Councillor M. Brown further
discloses a pecuniary interest in clause 17 of the 12th Report of the
Community and Protective Services Committee, having to do with the school
crossing guard program, by indicating that he is employed by the Thames
Valley District School Board.
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Councillor P. Van Meerbergen discloses a
pecuniary interest in clause 2 of the 12th Report of the Community and
Protective Services Committee, having to do with the 2nd Report of the Child
Care Advisory Committee, by indicating that his spouse owns and operates a day
care.
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MOTION FOR IN CAMERA SESSION
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Motion made by Councillor D. Brown and
seconded by Councillor S. Orser to Approve that Council rise and go into
Committee of the Whole, in camera, for the purpose of considering the
following:
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l)
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(ADDED) A matter pertaining to advice that
is subject to solicitor-client privilege and any communicatins necessary for
the purpose, and a proposed or pending acquisition or disposition of land by
the municipality or local board, related to the Western Fair District. (C-1/7/IEPC)
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m)
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(ADDED) A matter pertaining to personal
matters, including information regarding identifiable individuals,
including municipal employees, with respect to employment related matters,
labour relations and employee negotiations, and advice or recommendations of
officers and employees of the Corporation including communications necessary
for that purpose and for the purpose of providing instructions and directions
to officers and employees of the Corporation and advice that is subject to
solicitor-client privilege, including communications necessary for that
purpose.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)
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At 4:12 PM Councillor P. Van Meerbergen
enters the meeting.
The Council rises and goes in camera at 4:13
PM, with Mayor J.F. Fontana in the Chair and all Members present.
The Committee of the Whole rises and Council
resumes in regular session at 5:24 PM with Mayor J.F. Fontana in the Chair and
all Members present, except Councillors B. Polhill and B Armstrong.
At 5:30 PM Councillors B. Polhill and B.
Armstrong enter the meeting.
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Motion made by Councillor B. Polhill and
seconded by Councillor H.L. Usher to Approve the Minutes of the 11th Meeting
held on June 11, 2013.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
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Motion made by Councillor D. Brown and
seconded by Councillor B. Polhill to Approve referral of the following
communications for consideration with the noted clauses:
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B. Armstrong,
J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson,
P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)
NAYS: S. Orser (1)
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Motion made by Councillor D. Brown and
seconded by Councillor P. Hubert to Approve that pursuant to section 7.4 of
the Council Procedure By-law, the order of business be changed to permit
consideration of the 12th Report of the Community and Protective Services
Committee at this time.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
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Councillor D. Brown
presents.
Motion made by Councillor D. Brown to Approve
clause 2.
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2.
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2nd Report of the Child Care Advisory
Committee
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That the 2nd Report of the Child Care
Advisory Committee, from its meeting held on May 22, 2013, BE RECEIVED.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, D.G.
Henderson, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
RECUSED: P. Hubert, P. Van Meerbergen (2)
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Motion made by Councillor D. Brown to Approve
clause 7.
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7.
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Ontario Works Decentralization Update
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That, on the recommendation of the Managing
Director, Housing, Social Services and Dearness Home, the staff report dated
June 17, 2013, with respect to an update on Ontario Works decentralization,
BE RECEIVED. (2013-S04)
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: P. Hubert (1)
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Motion made by Councillor D. Brown to Approve
clause 14.
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14.
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Residential Rental Units Licensing Fees –
Second Public Participation Meeting
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That, on the recommendation of the Managing
Director, Development & Compliance Services and the Chief Building
Official, the by-laws as appended to the staff report dated June 17, 2013 BE
INTRODUCED at the Municipal Council Meeting to be held on June 25, 2013 to:
a) amend
By-law A-46, “A By-law to provide for Various Fees and Charges,” to approve
amendments to “Schedule 1 Protective Services Service Grouping”:
i) Property
Standards Order - Registration on Title - $125.00;
ii) Property
Standards Order - De-registration from Title $125.00;
iii) Residential
Rental Units Licensing By-law - new application $55.00;
iv) Residential
Rental Units Licensing By-law - renewal application $55.00;
v) Residential
Rental Units Licensing By-law - appeal fee $100.00; and,
b) amend
By-law CP-19, “A By-law to provide for the licensing and regulation of
Residential Rental Units in the City of London,” to remove references to fees
and to make technical amendments resulting from administration title changes as
a result of the most recent organizational structure;
it being pointed out that the following
persons made a verbal presentation in connection therewith:
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J.
Hoffer, Cohen Highley, representing the London Property Management Association
– providing the attached submission.
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D.
Lansink, 505 Colborne Street – noting only a small percent of landlords are
licensed, and this program punishes good landlords; suggesting that since bad
landlords are not licensed the program should be abandoned; and advising that
total costs in excess of $235.00 to license will definitely be passed on to
tenants.
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S.
Morrison, 803 Waterloo Street – indicating he owns 5 rental properties and most
are single-family dwellings; suggesting that an increase to fees will not
encourage compliance and that this program and fee increase punish the “small
guy”; suggesting that the program should apply to all rental properties and
that would mean that fees wouldn’t have to increase; and summarizing that the
program is just not right.
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B.
Mugford, 1810 Parkhurst Avenue – indicating that he is a small landlord, trying
to supplement his retirement income with rental properties and that the City
should be trying to help the “little guy”; noting that he has had issues with
tenants in the past, but there has never been a charge against him; advising
that the current $25.00 fee is just the tip of the iceberg for costs and noting
that all costs are increasing; advising that he disagrees with the entire
program.
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D.
McBurney, #4-466 South Street – noting that it appears the program is picking
on the little guy and advising that the program should apply to all landlords;
suggesting that this entire matter should be referred back to staff to address
all rental properties.
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S.
McNally, 133 Toulon Crescent – noting that he works two full-time jobs and has
rental properties; advising that he volunteers with Goodwill and helps people
learn to appropriately budget and noting that even $20.00 a month will severely
impact people, and take funds from their food budget; indicating support for
Mr. Hoffer’s presentation and suggesting that he does not see the benefit of
the program.
it being
further noted that the following written submission was received:
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L.
Gaspar, 255 Deveron Crescent – opposed to the proposed fee increase.
(2013-P09)
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Motion made by Councillor D. Brown and
seconded by Councillor M. Brown to Amend clause 14 by adding a new part c) as
follows:
c) the
Civic Administration BE DIRECTED to undertake any necessary changes to the
City of London’s Fees and Charges By-law to ensure that in circumstances
where a new application is received under the Residential Rental Units By-law
that requires the submission of a new Fire Inspection Report, that the
applicant is only charged for the initial fire inspection, and not for any
follow up inspections required to ensure compliance with the Fire Code at the
time of licensing.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, P. Van Meerbergen, D.
Brown, H.L. Usher, S.E. White (11)
NAYS: S. Orser, D.G. Henderson (2)
RECUSED: B. Armstrong, J.P. Bryant (2)
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Motion made by Councillor D. Brown and
seconded by Councillor J.B. Swan to Approve clause 14, as amended.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, S.E.
White (10)
NAYS: S. Orser, D.G. Henderson, P. Van
Meerbergen (3)
RECUSED: B. Armstrong, J.P. Bryant (2)
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Clause 14, as amended, reads as follows:
That, on the recommendation of the Managing
Director, Development & Compliance Services and the Chief Building
Official, the by-laws as appended to the staff report dated June 17, 2013 BE
INTRODUCED at the Municipal Council Meeting to be held on June 25, 2013 to:
a) amend
By-law A-46, “A By-law to provide for Various Fees and Charges,” to approve
amendments to “Schedule 1 Protective Services Service Grouping”:
i) Property
Standards Order - Registration on Title - $125.00;
ii) Property
Standards Order - De-registration from Title $125.00;
iii) Residential
Rental Units Licensing By-law - new application $55.00;
iv) Residential
Rental Units Licensing By-law - renewal application $55.00;
v) Residential
Rental Units Licensing By-law - appeal fee $100.00; and,
b) amend
By-law CP-19, “A By-law to provide for the licensing and regulation of
Residential Rental Units in the City of London,” to remove references to fees
and to make technical amendments resulting from administration title changes as
a result of the most recent organizational structure;
c) the
Civic Administration BE DIRECTED to undertake any necessary changes to the City
of London’s Fees and Charges By-law to ensure that in circumstances where a new
application is received under the Residential Rental Units By-law that requires
the submission of a new Fire Inspection Report, that the applicant is only
charged for the initial fire inspection, and not for any follow up inspections
required to ensure compliance with the Fire Code at the time of licensing;
it being pointed out that the following
persons made a verbal presentation in connection therewith:
·
J.
Hoffer, Cohen Highley, representing the London Property Management Association
– providing the attached submission.
·
D.
Lansink, 505 Colborne Street – noting only a small percent of landlords are
licensed, and this program punishes good landlords; suggesting that since bad
landlords are not licensed the program should be abandoned; and advising that
total costs in excess of $235.00 to license will definitely be passed on to
tenants.
·
S.
Morrison, 803 Waterloo Street – indicating he owns 5 rental properties and most
are single-family dwellings; suggesting that an increase to fees will not
encourage compliance and that this program and fee increase punish the “small
guy”; suggesting that the program should apply to all rental properties and
that would mean that fees wouldn’t have to increase; and summarizing that the
program is just not right.
·
B.
Mugford, 1810 Parkhurst Avenue – indicating that he is a small landlord, trying
to supplement his retirement income with rental properties and that the City
should be trying to help the “little guy”; noting that he has had issues with
tenants in the past, but there has never been a charge against him; advising
that the current $25.00 fee is just the tip of the iceberg for costs and noting
that all costs are increasing; advising that he disagrees with the entire
program.
·
D.
McBurney, #4-466 South Street – noting that it appears the program is picking
on the little guy and advising that the program should apply to all landlords;
suggesting that this entire matter should be referred back to staff to address
all rental properties.
·
S.
McNally, 133 Toulon Crescent – noting that he works two full-time jobs and has
rental properties; advising that he volunteers with Goodwill and helps people
learn to appropriately budget and noting that even $20.00 a month will severely
impact people, and take funds from their food budget; indicating support for
Mr. Hoffer’s presentation and suggesting that he does not see the benefit of
the program.
it being
further noted that the following written submission was received:
·
L.
Gaspar, 255 Deveron Crescent – opposed to the proposed fee increase.
(2013-P09)
Motion made by Councillor D. Brown to Approve
clause 17.
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17.
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School Crossing Guard Program
Implementation Single Source
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That, on the recommendation of the Managing
Director, Environmental & Engineering Services and City Engineer and
Managing Director, Corporate Service and City Treasurer, Chief Financial
Officer, the following actions be taken with respect to the School Crossing
Guard Program:
a) the
Civic Administration BE DIRECTED to implement a School Crossing Guard
Program, commencing on September 1, 2013, it being noted that the source of
funding for the school crossing guard program under the new service delivery
model would continue to be the 2013 Corporate Operating budget;
b) the
Civic Administration BE DIRECTED to negotiate a Single Source contract under
section 14.4 of the City’s Procurement of Goods and Services Policy with
Stinson Security Services Inc. until August 31st 2014, subject to Council
approval of an agreement;
c) the
Civic Administration BE DIRECTED to collaborate with the London Police
Service to ensure that the appropriate transfer of budget funding takes place
in 2013 for the transition of the School Crossing Guard Program to the Roads
and Transportation program effective September 1, 2013; it being noted that
the estimated annual “direct” service operating cost/budget of the School
Crossing Guard Program contained within the London Police Budget in 2013 was
$1.049 million; it being further noted that this ongoing discussion will
include the addressing of the administrative costs previously absorbed within
the Police budget;
d) the
Civic Administration BE DIRECTED to introduce an annual Operating Budget line
item, within the Road and Transportation Program for the School Crossing
Guard Program, in 2014; it being noted that the cost of operating the School
Crossing Guard Program may exceed the $1.049 million “direct” service cost
estimate from 2013 as a result of the program requirements that could be
required to operate the program within Roads and Transportation;
e) the
proposed by-law appended to the staff report dated June 17, 2013 BE
INTRODUCED at the June 25, 2013 Municipal Council meeting, for the purpose of
implementing a School Crossing Guard Program;
f) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this work; and,
g) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations. (2013-T08)
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Motion made by Councillor J.B. Swan and
seconded by Councillor M. Brown to Amend clause 17 in line 2 of part c) by
adding the words, "at full cost recovery" after the word “funding”.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, H.L. Usher, S.E. White (13)
NAYS: D. Brown, J.P. Bryant (2)
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Motion made by Councillor N. Branscombe and
seconded by Councillor D. Brown to Amend clause 17 by adding the following new
part h) as follows:
“h)
the matter of the provision of crossing guard services be referred to the
School Board Liaison Committees for discussion.”
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: M. Brown (1)
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Motion made by Councillor P. Hubert and
seconded by Councillor D. Brown to Approve that pursuant to section 13.7 of
the Council Procedure By-law, the motion related to the amendment to part c)
of the clause be reconsidered, as Councillor M. Brown has indicated that he
now wishes to declare a pecuniary interest with respect to this matter.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: M. Brown (1)
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Motion made by Councillor J.B. Swan and
seconded by Councillor S. Orser to Amend clause 17 in line 2 of part c) by
adding the words, "at full cost recovery" after the word “funding”.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, D.G.
Henderson, P. Van Meerbergen, H.L. Usher, J.P. Bryant, S.E. White (13)
NAYS: D. Brown (1)
RECUSED: M. Brown (1)
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Motion made by Councillor H.L. Usher and
seconded by Councillor S. Orser to Amend clause 17 in line 1 of part e), by
inserting the words “ attached revised” before the word “proposed” and
by deleting the words “appended to the staff report dated June 17, 2013”.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: M. Brown (1)
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Pursuant to section 12.3 of the Council
Procedure By-law, Councillor J.P. Bryant calls for a separate vote on part c)
of clause 17.
Pursuant to section 12.3 of the Council
Procedure By-law, Councillor S.E. White calls for a separate vote on part h)
of clause 17.
Motion made by Councillor H.L. Usher and
seconded by Councillor S. Orser to Approve part c), as amended.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, P.
Van Meerbergen, H.L. Usher (10)
NAYS: D.G. Henderson, D. Brown, J.P.
Bryant, S.E. White (4)
RECUSED: M. Brown (1)
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Motion made by Councillor J.B. Swan and seconded
by Councillor S. Orser to Approve part h), as amended.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: M. Brown (1)
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Motion made by Councillor D. Brown and
seconded by Councillor S. Orser to Approve clause 17, as amended.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, P.
Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)
NAYS: D.G. Henderson, S.E. White (2)
RECUSED: M. Brown (1)
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Clause 17, as amended, reads as follows:
That, on the recommendation of the Managing
Director, Environmental & Engineering Services and City Engineer and
Managing Director, Corporate Service and City Treasurer, Chief Financial
Officer, the following actions be taken with respect to the School Crossing
Guard Program:
a) the
Civic Administration BE DIRECTED to implement a School Crossing Guard Program,
commencing on September 1, 2013, it being noted that the source of funding for
the school crossing guard program under the new service delivery model would
continue to be the 2013 Corporate Operating budget;
b) the
Civic Administration BE DIRECTED to negotiate a Single Source contract under
section 14.4 of the City’s Procurement of Goods and Services Policy with
Stinson Security Services Inc. until August 31st 2014, subject to Council
approval of an agreement;
c) the
Civic Administration BE DIRECTED to collaborate with the London Police Service
to ensure that the appropriate transfer of budget funding, at full cost
recovery, takes place in 2013 for the transition of the School Crossing Guard
Program to the Roads and Transportation program effective September 1, 2013; it
being noted that the estimated annual “direct” service operating cost/budget of
the School Crossing Guard Program contained within the London Police Budget in
2013 was $1.049 million; it being further noted that this ongoing discussion
will include the addressing of the administrative costs previously absorbed
within the Police budget;
d) the
Civic Administration BE DIRECTED to introduce an annual Operating Budget line
item, within the Road and Transportation Program for the School Crossing Guard
Program, in 2014; it being noted that the cost of operating the School Crossing
Guard Program may exceed the $1.049 million “direct” service cost estimate from
2013 as a result of the program requirements that could be required to operate
the program within Roads and Transportation;
e) the
attached revised proposed by-law BE INTRODUCED at the June 25,
2013 Municipal Council meeting, for the purpose of implementing a School
Crossing Guard Program;
f) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this work;
g) the Mayor
and the City Clerk BE AUTHORIZED to execute any contract or other documents, if
required, to give effect to these recommendations; and,
h) the matter
of the provision of crossing guard services be referred to the School Board
Liaison Committees for discussion. (2013-T08)
Motion made by Councillor D. Brown to Approve
clause 10.
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10.
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Graffiti Removal Partnership
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That, on the recommendation of the Managing
Director of Development and Compliance Services and Chief Building Official,
the staff report dated June 17, 2013, with respect to a graffiti removal
partnership with The Color Company – Para Paints, BE RECEIVED for information.
(2013-P20)
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|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: P. Hubert (1)
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Motion made by Councillor B. Armstrong to
Approve clause 13.
|
That the following actions be taken with
respect to an update on issues related to the Taxicab and Limousine Licensing
By-law:
a)
the Civic Administration BE DIRECTED to draft a by-law to amend the Taxicab
& Limousine Licensing By-law to address the following issues, in
consideration of the comments made by the Committee Members:
demerit point
thresholds, the need for brokers records, hours on duty, fare fraud
mitigation, vehicle entry age and the maintenance of trip sheets;
b)
the Civic Administration BE DIRECTED to report back with respect to the
feasibility of a Taxi Advisory Committee; and,
c)
the above-noted draft by-law amendment BE CONSIDERED at a public participation
meeting, to be held at a future meeting of the Community and Protective
Services Committee (CPSC);
it being noted that the CPSC received the attached
presentation from R. Caranci, Caranci Consulting, on behalf of the London Taxi
Association, with respect to this matter. (2013-P09)
|
Pursuant to section 12.3 of the Council
Procedure By-law, Councillor S. Orser calls for a separate vote on part b) of
clause 13.
|
Motion made by Councillor B. Armstrong and
seconded by Councillor H.L. Usher to Approve part b).
|
|
Motion Failed
YEAS: B. Armstrong, J.P. Bryant (2)
NAYS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson,
P. Van Meerbergen, H.L. Usher, S.E. White (12)
RECUSED: D. Brown (1)
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|
Motion made by Councillor B. Armstrong and
seconded by Councillor S. Orser to Approve parts a) and c).
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, H.L. Usher, J.P. Bryant, S.E.
White (14)
RECUSED: D. Brown (1)
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Clause 13, as amended, reads as follows:
That the following actions be taken with
respect to an update on issues related to the Taxicab and Limousine Licensing
By-law:
a) the Civic
Administration BE DIRECTED to draft a by-law to amend the Taxicab &
Limousine Licensing By-law to address the following issues, in consideration of
the comments made by the Committee Members:
demerit point
thresholds, the need for brokers records, hours on duty, fare fraud mitigation,
vehicle entry age and the maintenance of trip sheets; and
b)
the above-noted draft by-law amendment BE CONSIDERED at a public participation
meeting, to be held at a future meeting of the Community and Protective
Services Committee (CPSC);
it being noted that the CPSC received the attached
presentation from R. Caranci, Caranci Consulting, on behalf of the London Taxi
Association, with respect to this matter. (2013-P09)
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Motion made by Councillor D. Brown to
Approve clauses 1, 3, 4, 5, 6, 8, 9, 11, 12, 15, 16, 18, 19 and 20.
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1.
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Disclosures of Pecuniary Interest
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|
a) Councillor
J.P. Bryant discloses a pecuniary interest in clause 14 of this report,
having to do with residential rental unit licensing fees, by indicating that
she has a rental unit within her residence.
b) Councillor
B. Armstrong discloses a pecuniary interest in clause 14 of this report,
having to do with residential rental unit licensing fees, by indicating that
he owns rental properties.
c) Councillor
D. Brown discloses a pecuniary interest in clause 13 of this report, having
to do with the Taxicab and Limousine Licensing By-law and related issues, by
indicating that she is employee by a taxi business.
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3.
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License Agreement – Crouch Neighbourhood
Resource Centre
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|
That, on the recommendation of the Managing
Director of Neighbourhood, Children and Fire Services, the by-law appended to
the staff report dated June 17, 2013 BE INTRODUCED at the Municipal Council
meeting of June 25, 2013 to:
a)
approve
the Licence Agreement with the Crouch Neighbourhood Resource Centre to use
portions of the Hamilton Road Seniors’ Centre and Community Centre and Annex
for the purpose of program space, office space and storage space; and,
b) authorize the Mayor and the City
Clerk to execute the above-noted Licence Agreement. (2013-L04)
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4.
|
Sponsorship Agreement – The Optimist Club
of Fanshawe, London Constitution Park – Children and Youth Facilities
|
|
That, on the recommendation of the Managing
Director of Neighbourhood, Children and Fire Services the by-law appended to
the staff report dated June 17, 2013 BE INTRODUCED at the Municipal Council
of June 25, 2013 to:
a) approve
the Sponsorship Agreement with the Optimist Club of Fanshawe, London for
their sponsorship of the construction of the Constitution Park - Children and
Youth Facilities (accessible play equipment, multi-use sports pad); and
b) authorize the Mayor and the City
Clerk to execute the above-noted Agreement.
(2013-l04)
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5.
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“in motion” – Community Challenge
|
|
That, on the recommendation of the Managing
Director of Neighbourhood, Children and Fire Services, the staff report dated
June 17, 2013, with respect to an update on the "in motion"
Community Challenge, BE RECEIVED. (2013-S12)
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|
6.
|
Housing Services Act Requirements Related
to a Local Housing and Homelessness Plan
|
|
That, on the recommendation of the Director
of Municipal Housing, and with the concurrence of the Managing Director of
Housing, Social Services and Dearness Home and the Managing Director,
Neighbourhood, Children and Fire Services, the staff report dated June 17,
2013, with respect to an update on the Housing Services Act, 2011
requirements for a local housing and homelessness plan, BE RECEIVED.
(2013-S11/S14)
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|
8.
|
Purchase of Service Agreement – Addiction
Services of Thames Valley to Deliver Addiction Services
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|
That, on the recommendation of the Managing
Director, Housing, Social Services and Dearness Home, the by-law appended to
the staff report dated June 17, 2013 BE INTRODUCED at the Municipal Council
meeting of June 25, 2013 to:
a) approve
a Purchase of Service Agreement to provide for a 3 year contract between The
Corporation of the City of London and Addiction Services of Thames Valley to
deliver addiction services;
b) authorize the Mayor and the City
Clerk to execute the above-noted Agreement; and,
c) delegate
to the City Manager, or designate, the authority to act as the City
Representative with respect to the Agreement;
it being noted that:
• the contract is for a
three-year period;
• the
cost of the service is funded at 100% by the Ministry of Community and Social
Services;
• the annual payment will be
$225,038 per year;
• the
City Representative, subject to the City receiving further funding from the
Province for same, may increase annual sum payments to the Service Provider
in year 2 and in year 3 to a maximum of 3% of the annual sum; and
• Addiction
Services of Thames Valley is the sole Ministry of Health and Long Term Care
provider of assessment and community based treatment for
addictions.(2013-L04)
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|
9.
|
Residential Tax By-law for New Affordable
Housing Program – Project at 590 Grosvenor Street
|
|
|
|
|
That, on the recommendation of the Director
of Municipal Housing, with the concurrence of the Managing Director Corporate
Services and City Treasurer, Chief Financial Officer, the following actions
be taken with respect to the affordable housing project at 590 Grosvenor
Street:
a)
By-law
A.-6859-250 BE REPEALED;
b) the
proposed by-law, as appended to the staff report dated June 17, 2013, BE
INTRODUCED at the Municipal Council meeting on June 25, 2013, to tax the
affordable housing property at 590 Grosvenor Street at an effective tax rate
equal to the residential tax rate; and
c) the
City Clerk BE DIRECTED to give written notice of the by-law to the Municipal
Property Assessment Corporation and the secretary of all area school boards.
(2013-C11)
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|
11.
|
Request for Proposal 13-20 Consultant to
Conduct an Environmental Study to Determine a Viable Pedestrian Connection
Across Federally-Owned Canadian National Railway Lands in Kiwanis Park
|
|
That, on the recommendation of the Managing
Director, Planning & City Planner, the following actions be taken with
respect to Request for Proposal 13-20, Consultant to Conduct an Environmental
Study to Determine a Viable Pedestrian Pathway Connection Across
Federally-Owned Canadian Nation Railway Lands, in Kiwanis Park:
a) the
submission received from Aecom, 410-250 York Street, Citi Plaza, London,
Ontario N6A 6K2, at a total proposed price of $174,520.00 (HST extra), BE
ACCEPTED;
b) the
funding for this purchase BE APPROVED as set out in the Source of Finance
Report, appended to the staff report dated June 17, 2013;
c) the
Civic Administration BE AUTHORIZED to undertake all of the administrative
acts that are necessary in connection with this contract; and,
d) the
approval hereby given BE CONDITIONAL upon the Corporation entering into
formal contract or issuing purchase orders or contract record relating to
these matters of this approval. (2013-F18)
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|
12.
|
Use of Automated External Defibrillators in
Police Vehicles
|
|
That the correspondence dated May 23, 2013
from M. Deeb, Chair, London Police Services Board, with respect to the use of
automated external defibrillators in police vehicles, BE RECEIVED.
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|
15.
|
4th Report of the Community Safety and
Crime Prevention Advisory Committee
|
|
That the following actions be taken with
respect to the 4th Report of the Community Safety and Crime Prevention
Advisory Committee (CSCP) from its meeting held on May 23, 2013:
a) on
the recommendation of the CSCP, notwithstanding part 11 (e)(iii) of clause
5(16) of the Policy Manual, which indicates that financial
grants/contributions or awards to third party individuals, organizations or groups
shall be directed to the appropriate Civic Department to be addressed through
the approval and reporting processes already established by the Municipal
Council for those situation, the amount of $500.00 for the graphic design and
printing of a new Child Safety Middlesex-London display BE APPROVED from the
CSCP 2013 Budget; it being noted that the CSCP reviewed and received a
communication dated May 13, 2013 from M. Georgieff, Public Health Nurse,
Middlesex-London Health Unit, with respect to this matter; and
b) clauses 2 to 6 BE RECEIVED.
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|
16.
|
5th Report of the Accessibility Advisory
Committee
|
|
That the following actions be taken with
respect to the 5th Report of the Accessibility Advisory Committee (ACCAC),
from its meeting held on May 30, 2013:
a) on
the recommendation of the ACCAC, the terms of reference and the non-voting
resource composition of the ACCAC BE AMENDED as follows:
i)
Ability
Awareness Training – be eliminated as it no longer exists;
ii)
Partners
in Employment (PIE) – be eliminated and a representative from the Employment
Sector be added in its place;
iii)
Architectural
Sector – be eliminated as there is no longer a prominent need for this
sector;
iv)
Western
Ontario Therapeutic Community Hostel (WOTCH) – be eliminated and a
representative of the mental health sector be added in its place; and
v)
a
post-secondary student representative be added;
b) the
recommendation to remove representation from the Association for the
Elimination of Hate BE REFERRED back to the ACCAC for consideration of representation
from LUSO; and,
c) clauses 2 to 10 BE RECEIVED.
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|
18.
|
Parks and Recreation Area By-law PR-2
Amendments
|
That the matter of proposed amendments to
PR-2 the “Parks and Recreation By-law”, related to e-bikes, speed limits,
feeding wildlife and licensed events or gatherings in parks and Environmentally
Significant Areas, BE REFERRED back to staff for further refinement specific to
clarity on the exclusion of ‘scooter-style’ e-bikes from pathways, but not
‘bicycle-style’ e-bikes, with a revised by-law to be brought forward at the
next meeting of the Community and Protective Services Committee.
(2013-R04/C01)
|
19.
|
Changes to Existing By-laws for Fostering
Animals
|
|
The request for delegation status from B.
Engel, related to changes to existing by-laws for fostering rescued animals,
BE REFERRED to the Civic Administration for consideration in conjunction with
the staff report currently being prepared, with respect to this matter.
|
|
20.
|
3rd Report of the Council Housing
Leadership Committee
|
|
That the following actions be taken with
respect to the 3rd Report of the Council Housing Leadership Committee (CHLC)
from its meeting held on June 12, 2013:
a) on
the recommendation of the Director of Municipal Housing, with the concurrence
of the Managing Director, Housing, Social Services and Dearness Home, the
following actions be taken with respect to the project proposals received
under the Investment in Affordable Housing (IAH) Program RFP13-13:
i) Homes
Unlimited (London) Inc. BE APPROVED to receive a municipal allocation of
$55,000 per unit for twenty two (22) IAH units, plus $5,000 per unit for
three (3) accessible units, for a total municipal allocation of $1,225,000
and a federal/provincial allocation of $60,000 per unit, for a project
located at 77 Tecumseh Avenue, London;
ii) Tricar
Group BE APPROVED to receive a municipal allocation of $49,109 per unit for
thirty five (35) IAH units, plus $5,000 per unit for three (3) accessible
units, for a total municipal allocation of $1,733,815 and a federal/provincial
allocation of $45,891 per unit, for a project located at 27 Centre Street,
London;
iii) Namje
Cho & Jinsun Kim BE APPROVED to receive a municipal allocation of $54,983
per unit for four (4) IAH units, for a total municipal allocation of $219,930
and a federal/provincial allocation of $35,438 per unit, for a project
located at 668 Dundas Street, London;
iv) 1718794
Ontario Limited BE APPROVED to receive a federal/provincial allocation of
$60,000 per unit for a six (6) IAH unit project, located at 173 Main Street,
Glencoe;
v) 1822039
Ontario Ltd. BE APPROVED to receive a federal/provincial allocation of
$60,000 per unit for a twelve (12) IAH unit project, located at 602 Albert
Street, Strathroy;
vi) Woodfield
Developments BE APPROVED to receive a municipal allocation of $53,500 per
unit for thirty three (33) IAH units, plus $5,000 per unit for four (4)
accessible units, for a total municipal allocation of $1,785,500 and a
federal/provincial allocation of $60,000 per unit for a project located at
Princess Avenue, London; it being noted that this proposal will be submitted
to the Province as part of the IAH 2014/2015 fiscal year beginning April 1,
2014;
vi)
the
above-noted project proposals BE FORWARDED to the Province for program
funding approval under the Investment in Affordable Housing Program;
viii) the
funding allocation from the Affordable Housing Reserve Fund, for the total
municipal allocation of $4,964,245 recommended above, BE APPROVED as set out
in the Sources of Financing Report attached; and,
ix) in
accordance with Municipal Housing Facilities By-Law No A.-5814-11, the attached
by-laws BE INTRODUCED at the Municipal Council meeting to be held on June 25,
1013, to:
A)
authorize
a Municipal Contribution Agreement, substantially in the form of an agreement
appended to the by-laws and to the satisfaction of the City Solicitor for
each of the above-noted proponents; and,
B)
authorize
the Mayor and the City Clerk to execute the said Agreement(s);
b) on
the recommendation of the Director of Municipal Housing, with the concurrence
of the Managing Director of Housing, Social Services and Dearness Home, the
following actions be taken with respect to the securing of Housing
Development Corporation Project Management and Consultant Services - RFP13-12:
i) the
proposal submitted by SHS Inc. (Operating as SHS Consulting), 70 East Beaver
Creek Road, Unit 46, Richmond Hill, ON, L4B 3B2, for project management and
consulting services at a proposed amount of $119,957, inclusive of HST,
disbursements, and not inclusive of negotiated cost reductions through
payment incentives, BE ACCEPTED;
ii) the
funding for this purchased service BE APPROVED through existing operating
allocations within the Housing Division 2013 administration budget;
iii) approval
hereby given BE CONDITIONAL upon the Corporation entering into a formal
contract or purchase order or contract record related to this approval; and,
iv) the
Civic Administration BE AUTHORIZED to execute the said Agreement; and,
c) clauses, 3 and 4 BE RECEIVED.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B. Armstrong,
J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(15)
Motion made by Councillor P. Hubert and
seconded by Councillor S. Orser to Recess.
Motion Passed
The Council recesses at 6:32 PM and
reconvenes at 7:25 PM with Mayor J. Fontana in the Chair and all Members
present, except Councillors P. Van Meerbergen and S.E. White.
Councillor J.P.
Bryant presents.
|
Motion made by Councillor J.P. Bryant to
Approve clauses 1 to 6, inclusive.
|
|
1.
|
Disclosures of Pecuniary Interest
|
|
That it BE NOTED that no pecuniary
interests were disclosed.
|
|
2.
|
2013 Facility Renewal and Energy Retrofit
Program - Phase IV
|
|
That, on the recommendation of the Managing
Director, Corporate Services and City Treasurer, Chief Financial Officer,
with the concurrence of the Managing Director, Parks & Recreation and
Manager of Purchasing and Supply, the following actions be taken with respect
to the 2013 Facility Renewal and Energy Retrofit Program Phase IV:
a) the
proposal submitted by Ameresco Canada Inc., 90 Sheppard Avenue East, Toronto
Ontario M2N 6X3, included as Appendix “C” to the staff report dated June 18,
2013, to undertake a 2013 Facility Renewal and Energy Retrofit Program Phase
IV two-part project at an upset limit of $3.7 million for Part 1 and an upset
limit of $2.65 million for Part 2, with completion of Part 2 being subject to
Council approval of the required funding as part of the 2014 Capital Budget,
BE ACCEPTED on a single source basis as per section 14.4(d) of the
Procurement of Goods and Services Policy;
b) the
Sources of Financing BE APPROVED as detailed in Appendix “A” of the
associated staff report dated June 18, 2013;
c) future
annual operating savings of approximately $88,000 BE RECOGNIZED as a result
of this project; it being noted that these savings will assist in achieving
future budget targets; and
d) the
proposed by-law appended to the staff report dated June 18, 2013 BE
INTRODUCED at the Municipal Council meeting on June 25, 2013 to:
i) approve
an agreement between The Corporation of the City of London and Ameresco
Canada Inc., for a 2013 Facility Renewal and Energy Retrofit Program Phase IV
two- part project at an upset limit of $3.7 million for Part 1 and, subject
to Council approval of the Part 2 funding as part of the 2014 Capital Budget,
an upset limit of $2.65 million for Part 2; and
ii) authorize
the Mayor and the City Clerk to execute the agreement forming Schedule “A” to
the by-law appended hereto as Appendix “B”.
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|
3.
|
Additional Municipal Act Reporting
Requirements Due to Implementation of Tangible Capital Assets
|
|
That, on the recommendation of the Deputy
City Treasurer, the staff report dated June 18, 2013 with respect to
additional Municipal Act reporting requirements due to implementation of
tangible capital assets BE RECEIVED.
|
|
4.
|
Declare Surplus City Owned Land - Untraveled
North South Section of Logans Way
|
|
That, on the recommendation of the Manager,
Realty Services, with respect to the north south section of Logans Way,
legally described as Parts 1 through 4, Registered Plan 33R-18496, as shown
on Schedule “A” attached, the following actions be taken:
a) the subject property BE DECLARED
SURPLUS;
b) Parts
1 and 2 of the subject property BE OFFERED to the former owner Sifton
Properties Limited in its “as is” state, for nominal consideration, failing
which it will be tendered for sale in accordance with the Sale and Other
Disposition of Land Policy; and
c) Parts
3 and 4 of the subject property BE CONVEYED to the abutting owners at fair
market value.
|
|
5.
|
RFP12-36 - Record Management System
|
|
That, on the recommendation of the Manager
of Records & Information Services and the Chief Technology Officer, the
following actions be taken, with respect to the acquisition of records
management software to be integrated with the Microsoft SharePoint platform,
the conversion of electronic records from the Livelink system and from shared
network drives to the SharePoint platform:
a) the
submission from StoneShare Inc., 159 Promenade Du Portage, Gatineau, QC J8X
2K4 for implementing an Enterprise Information Management strategy for the
City of London and their submitted total cost of Software and Services of
$957,826 (excluding HST), BE ACCEPTED;
b) an
additional $20,000 BE APPROVED for travel costs associated with implementing
this system;
c) the
Civic Administration BE AUTHORIZED to undertake all administrative acts which
are necessary in connection with this contract;
d) approvals
hereby given BE CONDITIONAL upon the Corporation entering into a formal
contract or issuing a purchase order relating to the subject matter of this
approval; and
e) the
Sources of Financing BE APPROVED as detailed in Appendix “A” of the
associated staff report dated June 18, 2013.
|
|
6.
|
London Health Sciences Centre - South
Street Campus Decommissioning
|
|
That, on the recommendation of the City Solicitor’s
Office, the proposed by-law appended to the staff report dated June 18, 2013,
BE INTRODUCED at the Municipal Council meeting to be held on June 25, 2013
to:
a) authorize
and approve a Lease Amending Agreement between the City of London and London
Health Sciences Centre (LHSC) with respect to the South Street Campus lands
under lease to the LHSC, appended as Schedule “A” to the by-law; and
b) subject
to the approval of a), above, authorize the Mayor and the City Clerk to
execute the Lease Amending Agreement.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, D. Brown, H.L. Usher, J.P. Bryant (13)
|
|
Motion made by Councillor J.P. Bryant to
Approve clauses 7 to 11, inclusive.
|
|
That the recommendations contained in the
Tax Adjustment Agenda dated June 18, 2013 BE APPROVED; it being noted that
Mr. Gerry Brulotte was in attendance at the public hearing associated with
the Tax Adjustment Agenda, in order to voice his support for the tax
reduction related to Application No. 2013-53.
|
|
That the report dated June 18, 2013, from
the City Clerk, regarding potential changes to the composition of the Town
and Gown Committee (TGC) BE REFERRED to the Town and Gown Committee to
consider what changes might be appropriate in order to ensure representation
on the TGC is properly balanced and covers the appropriate stakeholders, including
neighbourhood representation from Ward 13.
|
|
That the 2013 Pride London Festival to be
held July 26-28, 2013 at Victoria Park BE DESIGNATED as a Community Festival
in the City of London.
|
|
That Brian Orr BE APPOINTED to the 2013
Council Compensation Review Task Force.
|
|
That Dunia Hamou BE APPOINTED to the London
Diversity and Race Relations Advisory Committee for the term ending February
28, 2015, as a Non-Voting Member representing LUSO.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, D. Brown, H.L. Usher, J.P. Bryant (13)
|
Councillor H.L Usher
presents.
|
Motion made by Councillor H.L. Usher to
Approve clauses 1 to 13, inclusive.
|
At 7:28 PM, Councillor P. Van Meerbergen
enters the meeting.
|
That it BE NOTED that no pecuniary
interests were disclosed.
|
|
That the 5th Report of the Transportation
Advisory Committee, from its meeting held on June 4, 2013, BE RECEIVED.
|
|
That, on the recommendation of the Managing
Director, Environmental & Engineering Services & City Engineer, the
following actions be taken with respect to the purchase and implementation of
a computerized maintenance management system (the project) to support EES
Operations:
a) approval
BE GIVEN to enter into negotiations with ESRI Canada Limited, 148 York
Street, Suite 313, London, Ontario, N6A 1A9, for the project;
b) the
Chief Technology Officer of the Corporation’s Information Technology Services
(ITS) Division BE DIRECTED to perform a comprehensive technology review of
the solutions proposed by ESRI Canada to ensure:
i) the
proposed solution is aligned with the IT strategy presented to Council in
January 2012; and,
ii) the
proposed solution meets IT security and other technical requirements; it
being noted that the ESRI platform is currently utilized at the City of
London; and,
c) the
Civic Administration BE DIRECTED to report back at a future meeting of the
Civic Works Committee to confirm the project, including total estimated
project costs, Source of Financing and concurrence from the Chief Technology
Officer with regard to implementation. (2013-F14)
|
|
That the recommendation from May 14, 2012
to Civic Works Committee BE REVISED to add the option to renew the contract to
two (2) additional, one (1) year periods; it being noted that the original
tender for the mill and overlay of various streets was approved by Civic
Committee and Council; Municipal Council resolution dated May 23, 2012; it
being further noted that the tender documents included a one (1) year
contract term with the option to renew the contract for two (2) additional,
one (1) year periods and the original report did not include the renewal,
which was an administrative omission. (2013-F18)
|
|
5.
|
Contract Award:
2013 Infrastructure Lifecycle Renewal Program Contract 2: Waterloo Street
Reconstruction (Tender No. 13-19)
|
|
|
|
|
That, on the recommendation of the Managing
Director, Environmental & Engineering Services & City Engineer, the
following actions be taken with respect to the award of contracts for the
2013 Lifecycle Renewal Program, Contract #2: Waterloo Street, from Victoria
Street to Huron Street Reconstruction Project (EW3765-13, ES2414-12,
ES2414-13, TS3014-13, TS3037-13):
a) the
bid submitted by TRI-CON EXCAVATING Incorporated (TRI-CON), 4023 Meadowbrook
Drive, London ON, N6L 1E7, at its tendered price of $1,596,460.18 (excluding
H.S.T.), for the 2013 Infrastructure Lifecycle Renewal Program, Contract #2
project, BE ACCEPTED; it being noted that the bid submitted by TRI-CON was
the lowest of eight bids received and meets the City's specifications and
requirements in all areas;
b) Spriet
Associates London Limited (Spriet), 155 York Street, London ON, N6A 1A8, BE
AUTHORIZED to carry out the resident inspection and contract administration
for the said project in accordance with the estimate, on file, at an upset
amount of $173,470.00 (excluding H.S.T.), based upon the Fee Guideline for
Professional Engineering Services, recommended by the Ontario Society of
Professional Engineers; and in accordance with Section 15.2 (g) of the City
of London’s Procurement of Goods and Services Policy; it being noted that
this firm completed the engineering design for this project;
c) minor
future additional annual operating costs of $200.00 BE RECOGNIZED as a result
of this project; it being noted that these costs are as a result of new
infrastructure installation, and will be considered and accommodated within
future Water & Wastewater Operating Budgets;
d) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report appended to the staff report dated June 17, 2013;
e) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project;
f) the
approval given herein BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order for the material to be supplied
and the work to be done relating to this project (Tender 13-19); and,
g) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations. (2013-A05)
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That, on the recommendation of the Managing
Director, Environmental & Engineering Services & City Engineer, the
following actions be taken with respect to awarding the Sarnia Road
Improvements from Wonderland Road North to Aldersbrook Road (TS1349-2):
a) the
bid submitted by Bre-Ex Limited, 247 Exeter Road, London, N6L1A5, at its
submitted tendered price of $2,451,198.87 (excluding HST) for the 2013 Sarnia
Road Improvements Contract BE ACCEPTED, it being noted that the bid submitted
by Bre-Ex Limited was the lowest of six (6) bids received and meets the
City’s specifications and requirements in all areas;
b) Dillon
Consulting Limited, 130 Dufferin Avenue, Suite 1400, London, Ontario, N6A
5R2, BE APPOINTED Consulting Engineers for the contract administration and
resident supervision of the said project in the amount of $241,532.50
(excluding HST), in accordance with Section 15.2 (g) of the Procurement of
Goods and Services Policy and based upon the fee Guideline for Professional
Engineering Services, recommended by the Ontario Society of Professional
Engineers;
c) future
additional annual operating costs of $12,700.00 BE APPROVED as a first
priority commitment from available assessment growth in 2014 subject to final
budget approval;
d) the
financing for this project BE APPROVED as set out in the Source of Financing
Report appended to the staff report dated June 17, 2013;
e) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project;
f) the
approval given herein BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order for the material to be supplied
and the work to be done relating to this project (Tender 13-33); and,
g) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations. (2013-L04)
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That, on the recommendation of the Managing
Director, Environmental & Engineering Services & City Engineer, the
following actions be taken with respect to the award of contracts for the
2013 Lifecycle Renewal Program, Contract #12: Maitland Street from Piccadilly
Street to Pall Mall Street Reconstruction Project (ES2414-13, EW3765-13):
a) the
bid submitted by C.H. Excavating (London) Ltd. 4201 Blakie Road, London,
Ontario N6L 1B9, at its tendered price of $852,421.25 (excluding H.S.T.), for
the 2013 Infrastructure Lifecycle Renewal Program, Contract #12 project, BE
ACCEPTED; it being noted that the bid submitted by C.H. Excavating (London)
Ltd. was the lowest of six bids received and meets the City's specifications
and requirements in all areas;
b) Development
Engineering (London) Limited (DELL), 41 Adelaide Street North London ON N6B
3P4, BE AUTHORIZED to carry out the resident inspection and contract
administration for the said project in accordance with the estimate, on file,
at an upset amount of $111,353.00 (excluding H.S.T.), based upon the Fee
Guideline for Professional Engineering Services, recommended by the Ontario
Society of Professional Engineers; and in accordance with Section 15.2 (g) of
the City of London’s Procurement of Goods and Services Policy; it being noted
that this firm completed the engineering design for this project;
c) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report appended to the staff report dated June 17, 2013;
d) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project;
e) the
approval given herein BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order for the material to be supplied
and the work to be done relating to this project (Tender 13-39); and,
f) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations. (2013-L04)
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That, on the recommendation of the Managing
Director, Environmental & Engineering Services & City Engineer, the
following actions be taken with respect to land transfers with the Ministry
of Transportation for the proposed Highway 401 / Wonderland Road South
Interchange:
a) all
City-owned parcels of land identified on the Location Map attached
as Appendix ‘A’ BE DEDICATED AS PUBLIC HIGHWAY as necessary; and,
b) the
parcels of land identified on the Location Map attached as
Appendix ‘A’ which are to be dedicated from the City to the Ministry of
Transportation BE DECLARED SURPLUS to the needs of the City and BE
TRANSFERRED to the Ministry of Transportation. (2013-L07)
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That, on the recommendation of the Managing
Director, Environmental & Engineering Services & City Engineer, the
proposed by-law as appended to the staff report dated June 17, 2013 BE
INTRODUCED at the Municipal Council meeting to be held on June 25, 2013 for
the purpose of amending the Traffic and Parking By-law (P.S. 111).
(2013-C01)
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10.
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New 2013 Traffic
Signals
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That, on the recommendation of the
Director, Roads & Transportation, the following actions be taken with
respect to new 2013 traffic signals:
a) the
installation of a traffic signal at the intersection of Waterman
Avenue/Wellington Road and at Sunningdale Road/South Wenige Drive (west leg)
BE APPROVED; and,
b) future
additional operating costs for the project in the amount of $12,800 BE
APPROVED as a first priority commitment from available assessment growth in
2013, subject to final budget approval. (2013-T07)
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That, on the recommendation of the
Director, Roads and Transportation, the following actions be taken with
respect to the appointment of a consultant for the Wonderland Road South
Environmental Assessment (EA):
a) McCormick
Rankin Corporation, 2655 North Sheridan Way, Mississauga, Ontario, L5K 2P8,
BE APPOINTED Consulting Engineers to complete the Environmental Assessment
Study for Wonderland Road South, in the amount of $439,567 excluding HST, and
including a 10% contingency, in accordance with Section 15.2 (d) of the
Procurement of Goods and Services Policy;
b) the
financing for this project BE APPROVED as set out in the Source of Financing
Report appended to the staff report dated June 17, 2013;
c) the
consulting fee for the project identified in a), above, which is in
accordance with the estimate on file, and which is based upon the Fee
Guideline for Professional Engineering Services recommended by the Ontario
Society of Professional Engineers BE APPROVED;
d) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project;
e) the
approvals given herein BE CONDITIONAL upon the Corporation entering into a
formal contract with the consultant for the work; and,
f) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations. (2013-A05)
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That, on the recommendation of the Director
of Roads and Transportation, the following actions be taken with respect to
the Municipal Access Agreement with Rogers Communications Partnership:
a) the
proposed by-law as appended to the staff report date June 17, 2013 BE
INTRODUCED at the Municipal Council meeting to be held on June 25, 2013 for
the purpose of approving the Municipal Access Agreement between The
Corporation of the City of London and Rogers Communications Partnership,
substantially in the form appended to the by-law and satisfactory to the City
Solicitor;
b) the
Mayor and the City Clerk BE AUTHORIZED to execute the Municipal Access
Agreement on behalf of the municipality; and,
c) the
agreement BE ADOPTED as the City’s model Municipal Access Agreement for
telecommunications carriers licensed under the Federal Telecommunications Act
that operate within the City. (2013-L04)
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That the Industrial Service Plan Report
dated June 2, 2013, from the London Transit Commission, BE RECEIVED.
(2013-T03)
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Pursuant to section 12.3 of the Council
Procedure By-law, Mayor J.F. Fontana calls for a separate vote on clause 13.
The motion to Approve clauses 1 to 12,
inclusive, is put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B. Armstrong,
J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (14)
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At 7:30 PM Mayor J.F. Fontana places
Councillor P. Hubert in the Chair and takes a seat at the Council Board.
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At 7:34 PM, Mayor J.F. Fontana resumes the
Chair and Councillor P. Hubert takes his seat at the Council Board.
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At 7:35 PM Councillor S.E.White enters the
meeting.
The motion to Approve clause 13 is put.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
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Councillor B. Polhill
presents.
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Motion made by Councillor B. Polhill to
Approve clauses 1 to 11, inclusive.
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That it BE NOTED that no pecuniary
interests were disclosed.
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That, on the recommendation of the Senior
Planner, Development Services, based on the application of Sorin Marinescu,
relating to the properties located at 3 and 5 Front Street, the proposed
by-law, as appended to the staff report dated June 18, 2013, BE INTRODUCED at
the Municipal Council meeting to be held on June 25, 2013 to amend Zoning
By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning
of the subject lands FROM a Holding Residential R3 Special Provision
(h-5.h-80.h-121.R3-2(7)) Zone and a Holding Residential R3 Special Provision
(h-5. h-80. h-121.R3-2(8)) Zone TO a Residential R3 Special Provision
(R3-2(7)) Zone and a Residential R3 Special Provision(R3-2(8)) Zone to remove
the “h-5”, “h-80” and “h-121”, holding provisions. (2013-D14B)
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3.
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Property located at 2095 Coronation Drive
(H-8159)
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That, on the recommendation of the Manager,
Development Planning, based on the application of Banman Developments (West)
Inc., relating to the property located at 2095 Coronation Drive, the proposed
by-law, as appended to the staff report dated June 18, 2013, BE INTRODUCED at
the Municipal Council meeting to be held on June 25, 2013, to amend Zoning
By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning
of 2095 Coronation Drive FROM a Holding Residential R5 Special Provision (h.
h-5 R5-5(2)) Zone TO a Residential R5 Special Provision (R5-5(2)) Zone to
remove the h. and h-5 holding provisions. (2013-D14B)
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That, on the recommendation of the Manager,
Development Planning, based on the application of 1873739 Ontario Limited,
relating to the property located at 433 Hyde Park Road, the proposed by-law, as
appended to the staff report dated June 18, 2013, BE INTRODUCED at the
Municipal Council meeting to be held on June 25, 2013, to amend Zoning By-law
No. Z.-1, (in conformity with the Official Plan), to change the zoning of 433
Hyde Park Road FROM a Holding Residential R5 Special Provision (h-5 •
R5-1(4)) Zone TO a Residential R5 Special Provision (R5-1(4)) Zone to remove
the “h-5” holding provision. (2013-D14B)
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That, on the recommendation of the Manager,
Development Services and Planning Liaison, in response to the letter of
appeal to the Ontario Municipal Board, dated April 15, 2013, submitted by
Keith Thompson, relating to the minor variance application concerning 12-27
Northcrest Drive, the following actions be taken:
a) the
Ontario Municipal Board BE ADVISED that the Municipal Council supports the
decision of the Committee of Adjustment to grant the minor variance; and,
b) the
City Solicitor and Managing Director, Development and Compliance Services and
Chief Building Official BE DIRECTED to provide legal and planning
representation at the Ontario Municipal Board Hearing to support the
Committee of Adjustment’s decision. (2013-D13)
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That, on the recommendation of the Senior
Planner, Development Services, in response to the letter of appeal to the
Ontario Municipal Board, dated February 4, 2013, submitted by Anna Maria
Valastro, relating to the minor variance application concerning 138 John
Street, the City Solicitor and Managing Director, Development and Compliance
Services and Chief Building Official BE DIRECTED to provide legal and
planning representation at the Ontario Municipal Board hearing to support the
Committee of Adjustment’s decision on the following basis:
a) the
existing dwelling unit will maintain only five bedrooms maximum under Section
45(2) of the Planning Act; and,
b) the
proposed second storey addition will only have a maximum of three bedrooms,
as per the Near Campus Neighbourhood Area By-law, as adopted by the Municipal
Council;
it being noted that the Planning and
Environment Committee reviewed and received a communication, dated June 5,
2013, from E. Di Trolio, President, North Talbot Community Association, with
respect to this matter. (2013-L01)
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That, on the recommendation of the Senior
Planner, Development Services, the following actions be taken with respect to
the application of Percy Zaifman Holdings Limited, Zagjo Holdings Limited,
Sabel Holdings Limited, Jackson Land Corp. and Jackson Summerside Land Corp.,
relating to the property located on the north side of Bradley Avenue, east of
Highbury Avenue:
a) the
Approval Authority BE REQUESTED to approve a three (3) year extension to
Draft Plan Approval for the residential plan of subdivision, as red-line
amended, SUBJECT TO the attached revised conditions; and,
b) the
financing for the project BE APPROVED in accordance with the “Estimated
Claims and Revenues Report” provided as Schedule “B” 39T-02020-E to the
associated staff report, dated June 18, 2013;
it being noted that the Planning and
Environment Committee reviewed and received a communication, dated June 13,
2013, from E. Wszol, Development Engineering (London) Limited, with respect
to this matter. (2013-D12)
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That, on the recommendation of the Manager
of Development Services and Planning Liaison, the proposed Standard Subdivision
Agreement Template, provided as Appendix “A” to the associated staff report,
dated June 18, 2013, BE CIRCULATED to the London Development Institute, the
London Homebuilders Association and other interested parties for review and
comment, and be brought back to a future Planning and Environment Committee
meeting for consideration, no later than August, 2013. (2013-D12)
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9.
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Building Division
Monthly Report for April 2013
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That the Building Division Monthly Report
for April 2013 BE RECEIVED. (2013-D06)
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That, on the recommendation of the Managing
Director, Planning and City Planner, based on the application of City of
London, relating to the properties located at 600, 650 and 670 Industrial
Road, the proposed by-law, as appended to the staff report dated June 18,
2013, BE INTRODUCED at the Municipal Council meeting to be held on June 25,
2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official
Plan), to change the zoning of the subject lands FROM a Holding Light
Industrial (h*h-118*h-119*LI2(18)/LI5(3)) and Holding Light Industrial
(h*h-118*h-119*LI2(18)/LI4(6)/LI5(3)) Zone TO a Holding Light Industrial
(h*h-119*LI2(18)/LI5(3)) and Holding Light Industrial (h*h-119*LI2(18)/
LI4(6)/LI5(3)) Zone to remove the holding provision. (2013-D14B)
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That, on the recommendation of the Managing
Director, Planning and City Planner, an amendment to Zoning By-law No. Z.-1
to reflect flood lines changed by the Pottersburg Creek Subwatershed
remediation work BE INITIATED for the properties located at 595 and 607
Industrial Road. (2013-D14A)
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Pursuant to section 12.3 of the Council
Procedure By-law, Councillor M. Brown calls for a separate vote on clause 3.
The motion to Approve clause 3 is put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B. Armstrong,
J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)
RECUSED: M. Brown (1)
The motion to Approve clauses 1 to 11,
excluding clause 3, is put.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert,
D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E.
White (15)
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Motion made by Councillor B. Polhill to
Approve clause 12.
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That, on the recommendation of the Managing
Director, Planning and City Planner, the report dated June 18, 2013, relating
to the demolition requests for the properties located at 275, 277 and 281
Thames Street, BE RECEIVED. (2013-R01)
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, H.L. Usher, J.P. Bryant, S.E.
White (14)
RECUSED: D. Brown (1)
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Motion made by Councillor B. Polhill to
Approve clauses 13 to 20, inclusive.
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That, the following actions be taken with
respect to the application of Fanshawe Park Motors, relating to the
properties located at 1351, 1357 and1369 Hyde Park Road:
a) the
proposed by-law, as appended to the staff report dated June 18, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on June 25, 2013, to
amend the Official Plan to permit main street commercial uses on 1369 Hyde
Park Road by changing the Official Plan land use designation FROM
"Multi-Family, Medium Density Residential" TO "Main Street
Commercial Corridor";
b) the
proposed by-law, as appended to the staff report dated June 18, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on June 25, 2013, to
amend the Official Plan to permit main street commercial uses on the west
part of 1351 and 1357 Hyde Park Road, with a special provision to permit an
automobile repair garage, change the Official Plan land use designation FROM
"Multi-Family, Medium Density Residential" TO "Main Street
Commercial Corridor" and to add a Special Policy to Chapter 10 to permit
an automobile repair garage; and,
c) the
proposed by-law, as appended to the staff report dated June 18, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on June 25, 2013, to
amend
Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in
part b), above), to change the zoning on the west part of 1351 and
1357 Hyde Park Road FROM an Urban Reserve (UR3) Zone, which
permits existing dwellings, agricultural uses, conservation lands, managed
woodlot, wayside pit, passive recreation use, kennels, private outdoor
recreation clubs and riding stables TO a Holding Business District Commercial
Special Provision (h*BDC2( )) Zone, to permit animal
hospitals, apartment buildings, with any or all of the other permitted uses
on the first floor, bake shops, clinics, commercial recreation
establishments, commercial parking structures and/or lots, converted
dwellings, day care centres, dry cleaning and laundry plants, duplicating
shops, emergency care establishments, existing dwellings, financial
institutions, grocery stores, laboratories, Laundromats, libraries,
medical/dental offices, offices, personal service establishments, private
clubs, restaurants, without a drive-through facility, retail stores, service
and repair establishments, studios, video rental establishments, lodging
house class 2, cinemas, and brewing on premises establishment, food store,
animal clinic, convenience store, post office, convenience service
establishments, dwelling units, bed and breakfast establishments, antique
store, assembly halls, churches, community centres, funeral homes,
institutions, schools, and fire halls and to add a special provision to
permit an automobile repair garage with a reduced front yard setback AND
change the zoning on the east part of 1351 and 1357
Hyde Park Road FROM an Urban Reserve (UR3) Zone, which
permits existing dwellings, agricultural uses, conservation lands, managed
woodlot, wayside pit, passive recreation use, kennels, private outdoor
recreation clubs and riding stables TO a Holding Residential
R1 Special Provision (h*h-100* R1-13(6)) Zone on the east portion of 1351 and
1357
Hyde Park Road to permit one single-detached dwelling per lot with a
minimum lot frontage of 9 metres and a minimum lot area of 270 m2
with special provisions for reduced front and exterior side yards SUBJECT TO
holding provisions being applied to ensure the orderly development of lands
and the adequate provision of municipal services and appropriate access;
it being noted that the Planning and
Environment Committee reviewed and received a communication, dated February
12, 2013, from D. Szpakowski, 2013 President, Hyde Park Business Association,
with respect to this matter;
it being pointed out that at the public participation
meeting associated with this matter, the following individuals made oral
submissions in connection therewith:
·
Ric
Knutson, Knutson Development Consultants Inc., on behalf of Fanshawe Motors –
expressing support for the staff recommendation.
·
Donna
Szpakowski, 2013 President, Hyde Park Business Association – expressing
support for the application; and advising that the Hyde Park Business
Association unanimously supports the granting of the Chapter 10 Special
Provision to Fanshawe Motors. (2013-D14A)
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That, on the
recommendation of the Managing Director, Planning and City Planner, based on
the application of the City of London, relating to the property located at
600, 650 and 670 Industrial Road, the proposed by-law, as appended to the
staff report dated June 18, 2013, BE INTRODUCED at the Municipal Council
meeting to be held on June 25, 2013, to amend Zoning By-law No.
Z.-1, (in conformity with the Official Plan), to change the zoning of the
subject lands FROM a Light Industrial (LI2), Holding Light
Industrial
(h*LI6), Holding
Light Industrial (h*h-118*h-119*LI2(18)/LI5(3)),
and Holding
Light
Industrial (h*h-118*h-119*LI2(18)/LI4(6)/LI5(3)) Zone,
which permits a broad range of industrial, commercial and offices
uses
TO an Open
Space (OS4)
Zone to match the realignment of the Pottersburg Creek regulatory flood
lines;
it being pointed out that at the public participation
meeting associated with this matter, the following individual made an oral
submission in connection therewith:
·
Ric
Knutson, Knutson Development Consultants Inc. – expressing support for the
staff recommendation. (2013-D14A)
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That, on the recommendation of the Managing
Director, Planning and City Planner, the following actions be taken with
respect to the application of Craig and Maria White, relating to the property
located at 2237 Wharncliffe Road South:
a) the
proposed by-law, as appended to the staff report dated June 18, 2013, BE
INTRODUCED at a future Municipal Council meeting once OPA 541 (Southwest Area
Plan), as adopted by the Municipal Council and applied to these lands, comes
into full force and effect, 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 Arterial Commercial Special Provision (h-17*AC1(3)) Zone, which
permits accessory dwelling units, converted dwellings, day care centres,
emergency care establishments, existing dwellings, group home type 2, lodging
house class 2, professional and service offices, studios, clinics,
medical/dental offices and a wellness centre TO a Holding Arterial Commercial
Special Provision (h-17*AC1(__)) Zone, to permit office and retail store uses
along with the current permitted uses and recognize the existing 0.5m
interior side yard setback; it being noted that the special provision will also
limit the permitted uses to the existing building and limit the gross floor
area of an addition for office and retail store uses to a maximum of 65m2
(700 sq. ft.); and,
b) the
request to amend Zoning By-law No. Z.-1, to change the zoning of the subject
property FROM a Holding Arterial Commercial Special Provision (h-17*AC1(3))
Zone, which permits accessory dwelling units, converted dwellings, day care
centres, emergency care establishments, existing dwellings, group home type
2, lodging house class 2, professional and service offices, studios, clinics,
medical/dental offices and a wellness centre TO an Arterial Commercial
(AC4(__)) Zone, to permit the uses in the AC zone variation, animal
hospitals, dwelling units above the first floor, bake shops, catalogue
stores, clinics, convenience service establishments, duplicating shops, food
stores, financial institutions, home and auto supply stores, medical/dental
offices, offices, personal service establishments, printing establishments,
restaurants, eat-in, retail stores, service and repair establishments,
studios, video rental establishments, and a brewing on premises
establishment, BE REFUSED for the following reasons:
i) the
AC zone is intended to implement the Auto-Oriented Commercial Corridor
designation in Section 4.4.2 of the Official Plan;
ii) several
of the proposed uses in the AC4 zone are not permitted under the proposed
medium density residential designation of the Southwest Area Plan; and,
iii) adequate
municipal services have yet to be provided to the subject site to allow for
the removal of holding provisions;
it being pointed out that there were no
oral submissions made at the public participation meeting associated
with this matter. (2013-D14A)
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That, on the recommendation of the Senior
Planner, Development Services, based on the application of Dennis Oliver and
the City of London, relating to the properties located at 3592 – 3614 Isaac
Court, 6951-6973 and 6946-6982 Clayton Walk, the proposed by-law, as appended to the staff report
dated June 18, 2013, BE INTRODUCED at the Municipal Council meeting to be
held on June 25, 2013, to amend Zoning By-law No. Z.-1, (in conformity with
the Official Plan), to change the zoning of the subject property FROM a
Residential R2/Residential R4 (h.R2-3/R4-1) Zone and Holding Residential
R2/Residential R4 (h.R2-3/R4-1) Zone TO a Residential R1 (R1-8) Zone and a
Holding Residential R1 (h.R1-8) Zone;
it being pointed out that there were no
oral submissions made at the public participation meeting associated
with this matter. (2013-D14A)
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That, on the recommendation of the Managing
Director, Planning and City Planner, the following actions be taken with
respect to the Land Needs Background Study for the Official Plan Review:
a) the
Land Needs Background Study, as appended to the staff report dated June 18,
2013, BE CIRCULATED for public and agency consultation; and,
b) a
public participation meeting of the Planning and Environment Committee BE
HELD on July 23, 2013, to receive public and landowner input on the Land
Needs Background Study. (2013-D08)
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That, the application of the Fincore Group,
relating to the properties at 56-82 Wellington Street, 283-323 South Street
and 69-77 Waterloo Street, BE REFERRED to the June 20, 2013 meeting of the
Planning and Environment Committee for further consideration; it being noted
that the Civic Administration is to investigate and report back on the
possibility of creating two amendments to the Zoning By-law Z-1 for each of
Phase 1 and Phase 2 of the proposed development;
it being pointed out that at the public participation
meeting associated with this matter, the following individuals made oral
submissions in connection therewith:
·
Julie Misner, Director, Marketing and Communications,
Fincore – indicating that they have a new drawing with the West Tower being
rotated; noting that this 26 storey Tower is Phase 1 of the development;
advising that the Tower includes commercial space, a wellness centre and
luxury residential condominiums; indicating that, in the centre of the
project, there are townhomes, a church and some commercial space along South
Street; indicating that the Phase 2 Tower on the east side of the project is
18 storeys, includes a retirement residence, a convalescence care centre and
seniors condominiums; advising that all the amenities and health care
facilities will be available to everyone in the community; indicating that
this project sets a precedent for infill projects in London and the
redevelopment of the South Street hospital lands; advising that it will
encourage new investment in the SoHo community, stabilize and increase
property values; indicating that this project will create a lot of jobs;
advising that Phase 1 will put between $25,000,000 to $39,000,000 into the
pockets of local construction workers; advising that it will also create a
number of permanent jobs, mainly in the fields of health care and retail;
advising that it will generate approximately $4,700,000 in property taxes;
indicating that this is a European style of development, with retail street
level spaces; indicating that this development will make a significant
contribution to the repopulation of London; indicating that it preserves
public access to the Thames River; advising that they have been working
closely with their neighbours in the SoHo community and the SoHo Community
Association; noting that they will continue to work closely with the
neighbours and the Association; indicating that the SoHo Wellington Centre
incorporates sustainable urban design including green roofs and terraces;
advising that they have incorporated street tree planting and berms on the
sidewalks to assist with stormwater runoff; and, indicating that the green
space around the townhouses incorporates a green roof that covers the
underground parking.
·
Hisham Slim, Engineer, Fincore – indicating that the last
time that they presented to the Planning and Environment Committee, the
Managing Director, Planning and City Planner, indicated that the two phases
would be completed through separate development agreements; noting that this
is not clearly stated in the staff report; requesting that the two phases are
done separately, with separate site plans and separate development
agreements; and, advising that this would allow Phase 1 to commence as it
does not have the land acquisition issues that Phase 2 has.
·
Alan R. Patton, Patton Cormier & Associates, on behalf
of Fincore – indicating that two separate development agreements for the two
Phases makes sense; indicating that for the City-owned land, there will be a
request for proposal; noting that the City has made it quite clear that
anyone can bid on the land and delay Phase 2 of the development; advising
that the staff’s phrasing of the bonusing, for example, where the staff mention
“underground parking spaces”, it is not clear whether or not this is all
underground parking spaces; advising that there is a large number of
underground parking spaces associated with this application; indicating that
it is impossible to have all of the underground parking on this site;
advising that he wants to ensure that everyone is aware that there will be
some surface parking spaces; advising that it is not uncommon to zone lands
that do not belong to a person; noting that the Municipality does it all the
time; and requesting the by-law be separated into two separate by-laws.
·
Tanya Park, President, SoHo Community Association – see attached
presentation.
·
Fred Tranquilli, Lerner & Associates, on behalf of Ed Dziadura, Peter Dziadura, Ann Wrobel and
Stan Wrobel – see attached
presentation.
·
Gary Brown, 35A – 59 Ridout Street – advising that this is
a rare plot of land in the city; noting that it is on a major corridor three
blocks from Downtown and it backs onto the River; advising that this area has
excellent transportation access, is walkable and is on a beautiful nature
corridor; indicating that what we do here is going to set a precedence for
what happens with other land in the future, such as the London Hydro corridor
land; expressing concern with the absence of surface parking on the drawing
shown during the presentation; enquiring as to whether or not the parking is
all underground or aboveground parking; advising that to have surface parking
on this site is a misuse of prime real estate; expressing concern with the
ability to place zoning on property that you do not own; indicating that
there is no affordable housing component to this application; expressing
concern with the massing effect of the building being rotated 90 degrees.
·
Derek McBurney, 4 – 466 South Street – expressing concern
with the increased traffic on South Street and the current condition of the
street; and, requesting lights at some of the four way stops.
·
Sean
Quigley, Emerging Leaders – enquiring as to whether or not the rezoning
affects the property owners rights. (2013-D14A)
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That, on the recommendation of the Managing
Director, Planning and City Planner, the following actions be taken with
respect to the Downtown Master Plan:
a)
the
staff report, dated June 18, 2013, relating to the Downtown Master Plan BE
CIRCULATED for public review and comment; it being noted that a public
participation meeting to adopt the Downtown Master Plan, as may be revised
following the public consultation process, will be presented at a future
public participation meeting of the Planning and Environment Committee; and,
b)
the
Civic Administration BE DIRECTED to report back to a future meeting of the
Planning and Environment Committee regarding the implementation strategy for
the Downtown Master Plan, including an identification of projects that are
currently identified and funded or currently identified and planned to be
funded in future budgets, and those projects that will require funding
through future budget deliberations;
it being noted that the Planning and
Environment Committee reviewed and received a communication, dated June 13,
2013, from J. MacDonald, Executive Director, Downtown London, R.T. Usher,
Chair, London Downtown Business Association and J. Adams, Chair, MainStreet
London, with respect to this matter;
it being pointed out that at the public participation
meeting associated with this matter, the following individual made an oral
submission in connection therewith:
·
Gary
Brown, 35A – 59 Ridout Street – requesting more enhanced cycling in the
Downtown Master Plan. (2013-D19)
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20.
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Properties located
at 3130 and 3260 Dingman Drive and the rear portion of 4397 and 4407
Wellington Road South (OZ-8120)
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That, the application of the PenEquity
Realty Corporation, relating to the properties located at 3130 and 3260
Dingman Drive and the rear portion of 4397/4407 Wellington Road South, BE
REFERRED to the June 20, 2013 meeting of the Planning and Environment
Committee for further consideration; it being noted that the Civic
Administration is to report back with an amended By-law to reflect the
applicant’s request as outlined in the attached communication;
it being noted that the Planning and
Environment Committee reviewed and received a communication, dated January
14, 2013, from K. Patpatia, 1787996 Ontario Inc., and J. Manocha, Flexion
Properties Inc., with respect to this matter;
it being pointed out that at the public participation
meeting associated with this matter, the following individuals made oral submissions
in connection therewith:
·
David Johnson, CEO and President, PenEquity Realty
Corporation – advising that PenEquity has a long standing track record for
recognizing properties that have special qualities and developing them to
their full potential; indicating that this has resulted in successful quality
developments that interested stakeholders are proud to be a part of; advising
that, at the 2011 Mayor’s Breakfast, he was given the privilege of saying a
few words about this proposed development; expressing appreciation to the
staff for recognizing that the lands be given the New Format Regional
Commercial Node designation; advising that the development cannot proceed
with any part of the woodlot remaining on the property in its current
location; indicating that the lands are currently zoned for Commercial and
Light Industrial uses with no Open Space designations; advising that they are
not here asking to rezone Open Space lands or to remove a designation
protecting the woodlot; indicating that a key factor for entering into the
development was because the lands are zoned for development; advising that
the current process is to refine the use of the lands; noting that it is not
to establish the principal of development; indicating that their goal is to
achieve a balance between economics for the City and the development, the
environment and civic responsibility; indicating that, while they are fully
within their rights to cut down the woodlot, good stewardship and the manner
in which PenEquity conducts business led them down the road of public process
and good corporate citizenship; indicating that they did not abandon their
rights, but, in good faith, they agreed to review the woodlot with AECOM as
recommended by city staff; indicating that the woodlot hit some of the City’s
markers; indicating that AECOM concluded that given the planned function of
this node under the City’s Official Plan, the long-term viability of the
patch as a functioning woodlot is dubious due to the disconnective nature of
the natural heritage features within the immediate surrounding landscape and
the disturbance from existing and future land uses; indicating that the
woodlot does not contain any species at risk; indicating that the ecological
feature is not considered unique within the City of London; advising that the
woodlot areas have a high invasive plant cover that compromises the patch;
advising that the patch is severed by a sewer easement that has and will be
maintained as a clear area; indicating that the woodlot is isolated from
other patches; indicating that they are willing to compensate the City by
donating land and contributing to the City’s million tree challenge; advising
that their offer is on public record with both staff and the Investment and
Economic Prosperity Committee; advising that they have offered a gift of land
of 6 acres in the southeast corner of the property to be either reforested
and available to the public or to serve as a fourplex arena complex, which is
included in the City’s Capital Budget; advising that they also offered a
major contribution to the City’s million tree challenge, which has a definite
need given the City’s emerald ash borer problem; indicating that this package
has an approximate value of $3,500,000; advising that the current value of
the woodlot is approximately $5,500 an acre; noting that the property is not
available and is not accessible; however, if it was it would garner about 600
acres of land; advising that their goal is to produce a special development
which takes advantage of the unique 401 location that promotes the City and
other stakeholders while acting as an anchor; indicating that this will
promote economic opportunity and prosperity; advising that this is an
approximately $200,000,000 investment in the City of London, excluding spin
offs; advising that it will result in approximately 681 person years in
employment in construction; advising that it will also create approximately
323 person years of employment regarding materials and services; advising
that approximately 1,200 jobs will be created in retail; advising that it
will produce approximately $9,400,000 in development charge revenue for the
City; advising that it will create building permit revenue in excess of
$440,000 and annual property taxes in excess of $2,800,000; and, indicating
that the removal of the woodlot is both permitted and essential to move
forward, balanced by the gateway and economic benefits to the City, including
a significant compensation package which promotes both sustainability and
accessibility to all stakeholders.
·
Leger Xavier, Vice-President, Development and Leasing,
PenEquity Realty Corporation – indicating that they have spent a lot of time
trying to outline a plan that resonated with the community and met the terms
and conditions that they were scoped and tasked with; indicating that
Wellington Road South and Highway 401 is a gateway for the City of London;
indicating that this is a great opportunity to create branding and a sense of
awareness that you are in the City of London at one of London’s key entrance
points; noting that it is the only entrance point to the Downtown; advising
that 30,000,000 people a year drive by this interchange; indicating that this
is an amazing opportunity to do something really special; advising that it has
already been identified as a major gateway into the City and the Downtown;
advising that it is part of an existing retail node; reiterating that the
lands are already zoned New Format Regional Commercial Node and zoned for
development; indicating that there are a lot of great complimentary uses in
the area; advising that the site is 80 acres in size; indicating that the
development has to be meaningful in a variety of ways, including size,
development and design; indicating that they have come up with themed
neighbourhoods that are accessible and connected to the core area within a
three to five minute walk; noting that the themes are fashion, retail and
goods and sports and entertainment; indicating that this creates a strong
designation for South London where you do not have to get back in your car;
looking for a way to establish and sell through the gateway idea; noting that
the gateway would be a way to brand the community; advising that London has
an opportunity to do something really special along its 401 highway; and,
expressing belief in this unique opportunity to not only establish a major
development at the interchange but to also bring branding and presence to
London.
·
Dean Sheppard, Chair, Environmental and Ecological Planning
Advisory Committee (EEPAC) – advising that the EEPAC reviewed the subject
lands status report in January, 2013; indicating that the EEPAC made
recommendations about the significance of the woodland and the boundary of
the woodland as marked; indicating that the EEPAC advised of technical
deficiencies that they found in the report, including the protection of
uncommon communities and the need for an Environmental Impact Study to
determine the impacts from development and what the fate of the woodland
would be once the impacts were specified; indicating that the woodland was
evaluated based on eight evaluation factors; advising that one high score in
one of those evaluation factors is sufficient for a woodland to be considered
a significant part of a natural heritage system; advising that five
evaluation criteria were marked as high; indicating that this is a high
quality woodland and is clearly a significant part of our natural heritage
system; indicating that AECOM, who prepared the subject lands status report,
agrees that the woodland is significant; advising that there is less than
eight percent woodland cover in London; indicating that there are only two
ways to increase that number, those being to naturalize a lot more land and
to stop cutting down existing woodlands; indicating that woodlands are not
clear cut because it is short sighted, natural areas are community assets,
natural areas do pay us back, there’s a lot of ecological goods and services
and community value in an existing, healthy, natural, mature, natural area; advising
that, in his view, it is the City’s responsibility to ensure that the public
good is achieved; indicating that woodlands are being cut faster than we are
planting; indicating that there is a clear policy mandate in the Provincial
Policy Statement and London’s Official Plan; advising that the public expects
the City to be good stewards of our natural assets; noting that there is a
really good example in tonight’s agenda in the comments from the Glanworth
Community Association; advising that staff have done a really good job of
explaining what a land status report is; indicating that no one knows if a
woodland is in a healthy state until an Environmental Impact Study has been
completed; advising that the proponent is talking about some circumstances in
an attempt to clear cut the woodland; reiterating that the scoring still
showed five high scores; indicating that the circumstances outlined can be
easily individually challenged; noting that in EEPAC’s review of the report,
the EEPAC made comments specifically challenging, refuting or questioning
some of the circumstances that were going to lead to the non-viability of the
woodland; advising that the EEPAC does not agree with the predictions of the
doom of the woodland; incorporating the woodland into this proposed
development is a perfect example of how we can have both economic development
and a build out and still protect our existing woodland; seeing no reason why
both cannot occur; advising that the preservation of the woodland is funded
through parkland dedication; noting that it will function as part of the
stormwater management facility on site; and, requesting that the woodland be
preserved.
·
Steve Gammon, Senior Project Manager, Senior Planner, MMM
Group, on behalf of Costco Wholesale – advising that Costco’s legal and
consultant team have reviewed the transportation study, planning
justification report and urban design brief as submitted in support of the
Zoning By-law and Official Plan amendments; indicating that they feel this
application is premature, as outlined in the communication, dated June 17,
2013, submitted by Goodman’s, LLP, on behalf of Costco; expressing
significant concerns with the traffic on Roxborough Road and the anticipated
impact that this will have on Costco members, as well as the function of
Roxborough Road, and the existing Costco warehouse site, including access to
the site, egress from the site and on-site movement; indicating that the
transportation work completed to date has not demonstrated that the uses
permitted by the by-law can be accommodated with acceptable impacts to the
neighbours, particularly Costco; noting that this is a requirement under
Section 4.5 of the Official Plan; understanding that city staff have
requested an additional transportation study be undertaken; noting that city
staff have recommended the protection of the existing woodland that will
precipitate the redesign of the conceptual site plan; advising that the
redesign of the proposed development will alter the traffic patterns;
indicating that Costco has been in touch with PenEquity; understanding that
there is an agreement to involve Costco in discussions with the City with
respect to the redesign of the proposed development and resolution of the
transportation issues with the City; advising that it is their opinion that
the additional studies be undertaken so that the transportation impacts can
be understood and that all transportation issues can be resolved prior to any
amendments to zoning by-laws being considered; advising that if the transportation
issues are left until the site plan stage, Costco will have no status under
the Planning Act and will have no right to appeal to the Ontario
Municipal Board; and, advising that, in their opinion, it would be a mistake
to pass the zoning by-law amendment at this point as it will force Costco to
appeal the decision in order to protect the impact on their business.
·
Gary Brown, 35A-59 Ridout Street – agreeing with the
comments made by Mr. Sheppard, on behalf of the EEPAC; advising that every
city that he drives into has glorified strip malls in the corners; and,
advising that he does not think this development will distinguish London.
·
Stewart Kernohan, Lumberteria Home Hardware – advising that
his property backs onto the proposed development; indicating that he has been
at this location for 49 years; indicating that there has been a decided lack
of development in this area; advising that the last development was Costco
which is over 25 years ago; indicating that the vision that PenEquity has is
not the standard that other cities have, by proposing a gateway development,
not just a standard strip mall development; advising that the wetland area
was created by digging out the gravel for the overpass on Highway 401 and
Wellington Road when it was part of Westminster Township; advising that
Westminster Township originally zoned this area as a commercial development
area; recommending development of this area; and advising that this
development will greatly enhance this area.
·
Victoria White, President, Glanworth Community Association
– advising that she has very little sympathy for the applicant bemoaning the
fact that they purchased commercial property with woodland on it; advising
that they should have done their research better before purchasing the property;
expressing support for Mr. Sheppard’s comments; believing that a full
environmental study should be completed for the property; indicating that the
current study is not complete; expressing concern with the compensation
package; noting that a couple of trees planted somewhere does not make a
forest; and, advising that there is no compensation for a woodland that has
been identified as a significant woodland.
·
Barbara Shore, Vice-President, Glanworth Community
Association – indicating that she has specific ideas for the downtown
intensification; advising that she believes that we should be going up and
not out; advising that nothing can compare to the salvation of these key
ecological woodlands in the area; indicating that if we let one woodland and
one wetland go to development, a precedent is being set; indicating that
there are over 250 commercial buildings for lease, 141 commercial industrial
buildings for sale and 42 vacant parcels for sale in London; advising that
she has back problems and was excited at the prospect of not having to walk
far, but all she saw was cement which did not coincide with the vision she
had for this development; expressing disappointment; and, expressing concern
about retail saturation in London.
·
Jug Manocha, Flexion Properties Inc. – expressing
appreciation to the applicant; advising that they are encouraged to see
people building along the 401 corridor; and, advising that we should respect
the wishes of Westminster Township, who zoned this area commercial.
·
Mark Lisbon, CRL Developments, 3330 Dingman Drive –
indicating that they have owned their property since 2004; advising that what
people see from Wellington Road/401 does not reflect London because of the
uninviting industrial buildings along the 401; advising that he is a business
person and concentrates on numbers; advising that the biggest one for him is
the 1,200 jobs that will be created on an ongoing basis; noting that you also
have the $200,000,000 construction project that creates jobs; and expressing
support for the application.
·
Sandy Levin, 59 Longbow Road – expressing appreciation to
the owner for their stewardship over the years; expressing excitement upon
reading the staff recommendation as it would show the world that development
and an environmental feature can co-exist; indicating that you have to deal
with Provincial Policies and the City of London’s Official Plan policies;
noting that the Official Plan policies have been successfully defended at the
Ontario Municipal Board and one that went to the Supreme Court of Canada;
pointing out that planting individual trees does not replace a woodland;
noting that it takes a lot of time, if you plant it as a woodland; further
noting that if you scatter the trees around the city, it is not a replacement
of the woodland; indicating that the parallel that he draws is to the
significant woodland on the east side of Hyde Park Road, north of
Gainsborough Road, as it coexists with residential and commercial
development; advising that this is an amenity for that neighbourhood;
expressing concern that, if this woodland is removed, it would be the second
time that a significant woodland would be lost if the Planning and
Environment Committee and the Municipal Council adopt a contrary
recommendation to the staff recommendation; advising that there is a message
that gets sent to Londoners based on the actions that the Municipal Council
undertakes, whether or not the Policies mean something, that they are more
than just words; and, requesting that the Municipal Council adopt the staff
recommendation, with all of the holding provisions or refer the
recommendation back to staff for additional discussions with the proponent to
come up with something that does make London stand out, both on the
environmental side and the development side.
·
Scott
Snider, Turkstra Mazza Shirehoft Associates, on behalf of
PenEquity Realty Corporation – indicating that the principal issue is the
woodlot; advising that this is where the disconnect with staff is;
referencing the modified recommendation that was provided to the Council
Members at the meeting; expressing interest in the EEPAC representatives comments that we can have it
all; advising that his client agrees, but not in the same way that EEPAC sees
having it all; advising that he has done a fair bit of looking at the
policies and there has been some suggestion that they should be complying
with the policies of the City of London; revealing that what they are
proposing complies in every way with the policies of the City of London and
the Official Plan; indicating that they are quite happy to rely on the
existing land use permissions that they have; looking at the forestry position,
one of the policies in London is the right tree in the right place; advising
that their own consultant said yes, it meets some of the criteria, but the
location for these trees is not in the right place, you cannot have both;
advising that the trees in the current location and the development proposed
by his client is not going to work; advising that they cannot give you the
project that they want to give you with the trees in that location; advising
that what his client has indicated, and the City policies permit this, is a
compensation proposal; indicating that that is why it was right for one of
the speakers to talk about that; noting that she was not happy with the
compensation program, but that is really the issue, because as it stands
today, my client has purchased lands that are designated for a commercial
node in your Official Plan and it is zoned for development; advising that
that is what they purchased and that is what they intend to do; noting that
that is what is reflected in the good planning documents and policies of this
City; indicating that the question whether or not they have the right
compensation package; noting that the City of London policy regime does not
require the preservation of this woodlot in its current location; indicating
that it does not require his client to compensate, either because of the
nature of the land use approvals but his client has said forget that and the
compensation package that they have offered is the one that has already been
described to you, six acres of serviced development land that you can use to
replant into a woodlot if you wish or you can use the equivalent funds to buy
woodlots wherever you want; advising that that is something specifically
permitted in the City’s policy regime and he heard one of the speakers say
that it has been done before; noting that staff has mentioned that it has
been done before; indicating that the example was the Sovereign Road example;
noting that the speaker mentioned that in a negative light, but in fact, what
happened there was that a significant area of land was preserved long term in
a woodlot which is accessible to the public and can be preserved and
maintained as a woodlot; noting that one woodlot was taken down and a
significant area was preserved, and that is what we are proposing here as
well; advising that he takes issue with the staff analysis of their program
because they are not comparing apples to apples, in that case the woodlot
was designated Open Space and therefore protected in your policy regime; indicating
that, as he understands it, it was city owned; indicating that it is not the
case here, nevertheless, his client gets it, wants to be good corporate
citizens, they get that there is some significance to this woodlot even
though it is not protected, they are prepared to provide this compensation;
indicating that that has to be the focus of the discussion otherwise you are
not going to get the best of both worlds; indicating that the City will be
stuck with a situation where they are not going to get this development and
will have a woodlot that is not accessible and is not protected; reiterating
that the property is already zoned for development; reiterating that the
woodlot is the major disconnect with staff; advising that they have been
trying to engage Costco in this application; indicating that Costco had
originally wanted part of the lands for something that they had wanted to do;
advising that they could not come to an agreement; indicating that Costco
would then not speak to them because they were looking at other things to do;
indicating that at the end of the day the speaker talked about access, egress
and on-site movement; noting that is what a site plan is for; advising that
what they are really saying is that they do not want you to approve the
zoning because they want to keep a hammer and appeal your choice on the site plan and the
lifting of the “h” provision which would include a further traffic impact
study; indicating that, had they been engaged earlier, if they had had an
opportunity, he does not think that they would even be here, but to come at
the 11th hour and to say please defer this so that we can maintain a hammer
over what you do is just not acceptable; indicating that the City will deal
with this through site plan and the removal of the “h”, which is completely
appropriate; advising that if Costco threatens to appeal and they want to
appeal, so be it; indicating that that should not drive the decision of this
Committee; indicating that one of the comments made relates to their recommendation
and was the issue of what if they are not given any compensation; advising
that one of the conditions that we are suggesting as part of the “h” is that
an agreement be entered into addressing the removal of that unevaluated
patch, the dedication of the six acres of land and the further financial
contribution towards the City’s million tree challenge of $250,000;
reiterating that that will all be done in the form of an agreement before the
“h” is lifted; advising that it will be completely enforceable, there will be
no doubt that the compensation will occur; indicating that you will not find
that there are not many changes to what staff recommended and are encouraging
the Planning and Environment Committee to approve. (2013-D14A)
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
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Councillor B. Polhill
presents.
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Motion made by Councillor B. Polhill to
Approve clauses 1 to 9, inclusive.
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That it BE NOTED that no pecuniary
interests were disclosed.
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That the 5th Report of the Trees and
Forests Advisory Committee from its meeting held on May 22, 2013 BE RECEIVED.
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That the 6th Report of the Environmental
and Ecological Planning Advisory Committee from its meeting held on May 16,
2013 BE RECEIVED.
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That the 6th Report of the Advisory
Committee on the Environment from its meeting held on June 5, 2013 BE
RECEIVED.
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That, on the recommendation of the Manager,
Development Planning, the following actions be taken with respect to entering
into a subdivision agreement between The Corporation of the City of London
and Drewlo Holdings Inc., for the subdivision of land over Part of Lot 23,
Concession 4, (Geographic Township of London), City of London, County of
Middlesex, situated on the south side of Fanshawe Park Road West, east of
Hyde Park Road, municipally known as 2000 Dalmagarry Road:
a) the Special Provisions, as appended
to the staff report dated June 20, 2013, to be contained in a Subdivision
Agreement between The Corporation of the City of London and Drewlo Holdings
Inc., for the Hyde Park Subdivision Phase 2 (39T-02509) BE APPROVED;
b) the
financing for the project BE APPROVED in accordance with the “Estimated
Claims and Revenues Report” provided as Schedule “B” to the associated staff
report, dated June 20, 2013; and,
c) the
Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any
amending agreements and all documents required to fulfill its conditions.
(2013-D12)
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That, on the recommendation of the Senior
Planner, Development Services, based on the application of Nicholson
Sheffield Architects Inc., relating to the lands located at 1956 Shore Road,
the proposed by-law, as appended to the staff report dated June 20, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on June 25, 2013, to
amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to
change the zoning of the subject lands FROM a holding Residential
R6/Neighbourhood Facility (h•R6-5/NF) Zone, which permits, subject to removal
of a holding (“h”) provision, a range of cluster housing and neighbourhood
facilities including single detached and semi-detached dwellings, townhouses,
low-rise apartment buildings, churches and elementary schools TO a
Neighbourhood Facility (NF1) Zone, to permit such uses as churches,
elementary schools, community centres, day care centres, libraries, private
schools, private clubs, fire stations and police stations;
it being pointed out that there were no
oral submissions made at the public participation meeting associated
with this matter. (2013-D14A)
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That, on the recommendation of the Managing
Director, Planning and City Planner, the following actions be taken with
respect to the application of Sherwood Forest Trinity Housing Corporation,
relating to the property located at 590 Gainsborough Road:
a) the
proposed by-law, as appended to the staff report dated June 20, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on June 25, 2013, to
amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to
change the zoning of the subject property FROM a Neighbourhood Facility (NF)
Zone, which permits churches and elementary schools TO a Holding Residential
R9/Neighbourhood Facility (h-__*h-5*R9-3*H20/NF1) Zone, to permit a wide
range of medium and higher density residential developments in the form of
apartment buildings along with churches, elementary schools, community
centres, day care centres, libraries, private schools, fire stations, private
clubs and police stations at a maximum height of 20 metres with two holding
provisions to ensure that a public site plan process is undertaken and that
onsite parking concerns are appropriately dealt with;
b) the
Site Plan Approval Authority BE REQUESTED to address the following items
through the site plan approval process:
i) an
updated urban design brief to the Urban Design Review Panel for a more
comprehensive review of the final proposal be submitted;
ii) the
orientation of the building to reinforce its corner-site location at the
street intersection;
iii) the
potential for the church to be located in the rear or side yard in order to
create a more positive transition between the massing and height of the
apartment tower and the massing and height of the adjacent townhomes to the
south;
iv) the
use of pedestrian connections and enhanced landscaping to acknowledge the
intersection and strengthen it as a gateway to the community;
v) ensure
that active building spaces (such as units, lobbies and amenity areas) with
windows and doors are located along Gainsborough Road and Limberlost Road
creating an active building edge along the street; and,
vi) where
parking areas are visible from the street, enhanced landscaping should be
used in order to screen the parking, as well as, to create a visible edge
that defines public and private realm;
c) the request to amend Zoning By-law No. Z.-1
to change the zoning of the subject property FROM a Neighbourhood Facility
(NF) Zone, which permits churches and elementary schools TO a Residential R9
Special Provision/Neighbourhood Facility (R9-3(_)/NF1) Zone, to permit a wide
range of medium and higher density residential developments in the form of
apartment buildings along with churches, elementary schools, community
centres, day care centres, libraries, private schools, fire stations, private
clubs and police stations and a special provision to recognize 53 parking
spaces where 68 is required BE REFUSED for the following
reason:
i)
the
City’s Transportation Division has concerns about the lack of parking for the
church and day care facility and the potential for it to overflow onto
Limberlost Road; it being noted that they have requested a holding provision
in order to address the parking concerns, therefore a special provision for
parking cannot be recommended;
it being pointed out that at the public participation
meeting associated with this matter, the following individuals made oral
submissions in connection therewith:
·
Erica
Greenham, 53-1460 Limberlost Road – indicating that their complex is the one
directly south of the applicant’s property; advising that she is a member of
the board for the Condominium Corporation; and, advising that the owners have
expressed concern about parking, traffic, safety and privacy, as well as the
fact that they are already in a neighbourhood that has a large degree of
affordable housing and it feels like it is becoming the corner for it.
·
Malcolm
Ross, applicant – advising that they tried to incorporate the existing church
into the new development, but were unable to do so; and, indicating that they
will be demolishing the church, which allows both areas to have more common
space. (2013-D14A)
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That, on the recommendation of the Managing
Director, Planning and City Planner, based on the application of Champion
Life Centre, relating to the property located at 1069 Clarke Road, the
proposed by-law, as appended to the staff report dated June 20, 2013, BE INTRODUCED
at the Municipal Council meeting to be held on June 25, 2013, to amend Zoning
By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning
of the subject property FROM a Restricted Service Commercial/Light Industrial
(RSC2/RSC4/LI7) Zone, which permits such uses as automobile rental
establishments, dry cleaning and laundry depots, convenience stores, bake
shops, personal, service establishments, day care centres, building or
contracting establishments and automobile repair garages TO a Restricted
Service Commercial/Light Industrial Special Provision (RSC2/RSC4/LI3(_)/LI7)
Zone, which permits, in addition to the range of uses noted above, assembly
halls, commercial recreation establishments, private clubs and private parks;
it being noted that the Special Provision (_) requires that a minimum of 46
parking spaces be provided for on-site;
it being pointed out that at the public participation
meeting associated with this matter, the following individuals made oral
submissions in connection therewith:
·
Alan
R. Patton, Patton Cormier & Associates, on behalf of the applicant –
expressing support for the recommendation. (2013-D14A)
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That, on the recommendation of the Managing
Director, Planning and City Planner, the draft Secondary Plan for the Old
Victoria Hospital Lands, provided as Appendix “A” to the associated staff
report, dated June 20, 2013, BE RECEIVED; it being noted that:
a) the
draft Secondary Plan will serve as the basis for further consultation with the
community and identified stakeholders; and,
b) based
on the feedback received through this consultation process and the outcomes of
the supporting and informing servicing studies, a revised Secondary Plan and implementing
Official Plan amendment will be prepared for the consideration and approval of
the Planning and Environment Committee at a future statutory public
participation meeting, in the Fall;
it being pointed out that the Planning and
Environment Committee heard a verbal presentation from Rick Merrill, The
Planning Partnership, with respect to this matter. (2013-D19)
Pursuant to section 12.3 of the Council
Procedure By-law, Councillor J.P. Bryant calls for a separate vote on clause 9.
The motion to Approve clauses 1 to 8,
inclusive, is put.
YEAS: J.F. Fontana, B. Polhill, B. Armstrong,
J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(15)
The motion to Approve clause 9 is put.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
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Motion made by Councillor B. Polhill to
Approve clause 10.
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That, a special meeting of the Planning and
Environment Committee BE HELD on Monday, June 24, 2013 at 3:00 PM, to receive
a revised recommendation and by-laws, relating to the application
of 1279059 Ontario Inc. and 1699259 Ontario Inc. (c/o York Developments),
relating to the properties located at 3313–3405 Wonderland Road South and
1789 Wharncliffe Road South;
it being pointed out that at the public participation
meeting associated with this matter, the following individuals made oral
submissions in connection therewith:
·
Jim
Harbell, on behalf of the applicant – indicating that the application is for
6700 square feet of retail development; noting that there is the potential
for national and North American retailers in home improvement and discount
department areas, including a number of other uses, both local and regional;
advising that this application has been before staff and the Planning and
Environment Committee for eight years; expressing belief that the time has
come to deal with the application for the following reason, because the
Municipal Council has already approved it; the uses that are before the
Committee this evening are all in the South West Area Plan; noting that the
uses were recommended by Planning staff, they have been recommended by this
Committee and approved by the Municipal Council; indicating that, all they
are saying this evening is let them get on with Phase 1, the retail uses;
indicating that it is $120,000,000 of private money; advising that it is
approximately 690 construction jobs, approximately 1,300 permanent jobs,
$9,000,000 in development charges, $500,000 in permit fees and annual
property taxes of $3,600,000; asking that the development get started;
indicating that the Committee has to decide that it is good planning; noting
that it is more than good jobs, more than investment, the Committee has to
decide that it is good planning; advising that the appeals at the Ontario
Municipal Board (OMB) for the South West Area Plan (SWAP) are not for any of
these uses; reiterating that they did not appeal the uses, no one else has
appealed the uses and they are not aware of anyone who is concerned with the
uses; indicating that when the OMB does approve the SWAP, which will
probably include some technical tinkering on the width of Wonderland Road
South and some of the urban design issues, it will come into force and effect
on this property and will just layer on; advising that as it provides for
office and high density approvals, which may happen in the second and third
phase as the economy allows that to happen, that will happen; noting that
they are not saying that SWAP is not going to happen on this property, they
are just saying kick start it first; reiterating that the request to the
Committee is to treat this property exactly like the properties to the north
on Wonderland Road South, the Home Depot, the Loblaws and the retail stores;
further noting that all of the retail to the north on Wonderland Road South
has the same designation that they are requesting of the Committee, the New
Format Regional, which will have the SWAP go in on top of it; advising that
the people who own where the Home Depot is can build an office building or
condominiums on that property, in the future, in accordance with SWAP;
reiterating that it is the same thing for this property; advising that they
are not asking for any different treatment than this community has already
done right up the street and what do you get for it, you get to kick start a
lot of economic benefits; advising that it says to them that this application
has the balance of public interest by kick starting the economic development
and good planning that has already been approved by this municipality;
indicating that there will be issues with the staff on the concept plan,
however, the concept plan is not before the Committee this evening;
indicating that they are not seeking approval for it; expressing happiness to
work with staff to sort that out; advising that one of the things that they
are suggesting in the Zoning By-law is to put an “h” across the Wonderland
Road South frontage so that if the OMB does something different with respect
to the width of Wonderland Road South or the urban design on Wonderland Road
South, the “h” will be consistent with that and everyone will have control
over that; advising that what they are saying is that the bulk of the
$120,000,000 is on the back side of the property and you might as well get
going on that; advising that there are no servicing issues on this property;
indicating that they are proposing a private sanitary system exactly like
what was put in across the street at the transit centre; advising that they
see the need for two signalized intersections to support this development;
noting that no one should be surprised by this because staff and the
Municipal Council want an intense development on Wonderland Road South;
further noting that this is what the Wonderland Corridor is all about;
advising that their clients understand that the Municipal Council’s long term
vision is for the area to be an urban area; indicating that, over time, the
area will be more intense, not less intense; and referencing a communication,
dated June 19, 2013, that he prepared with a revised recommendation on it.
·
Alan
R. Patton, Patton Cormier & Associates, on behalf of the Southside Group
of companies – indicating that, on page 170 of the Planning and Environment
Committee, his clients owns the properties located at 3263 north to the built
portion on the west side of Wonderland Road and the properties located at
3234 and 3274 on the east side of Wonderland Road; indicating that, on page
172, the subject property is in the Urban Reserve Zone, which is important;
reading the second paragraph under the “Analysis” on page 182; indicating
that this is all under the auspices of the SWAP; indicating that he is
nothing but consistent on the position of his client on these matters;
requesting that the Committee Members turn to item number 11, which deals
with the Sifton Properties lands; noting that the Sifton Properties lands are
just around the corner; advising that he said that this should be dealt with
under the SWAP; indicating that any justification to change the designation
of Mr. Harbell’s clients lands to Regional Format should await the decision
on the SWAP; noting that it will just be consistent as it is already there,
as the entire SWAP is at the OMB; and indicating that, this is the way to
deal with it with a consistent approach.
·
Steven
Zakem, Aird Berlis, on behalf of Sifton Properties Limited – indicated that
the lands are designated Urban Reserve; advising that the policies in the
Official Plan indicate that Urban Reserve lands should be the subject of a
secondary plan process; noting that the secondary plan process was the SWAP;
advising that, through that process, the subject lands were to be designated
Wonderland Corridor; advising that on behalf of Sifton Properties Limited, he
has expressed comments on the SWAP and is an appellant of SWAP; noting that
he does not intend to reiterate those comments this evening; indicating that
the staff report does highlight some of the concerns that they have expressed
with respect to SWAP, including the inconsistency between the vision for the
Wonderland Road Corridor and the inconsistency of that vision with respect to
large format retail use permissions; advising that they have also expressed
concerns with respect to the lack of phasing direction and the financing of
infrastructure; reiterating that the staff report highlights these issues
with respect to this application; noting that it does not just apply to this
application, but other areas of SWAP that have not been designated for urban
purposes like the Sifton Properties Limited lands which have had
long-standing land use permissions and are readily available to be serviced
and have infrastructure at the doorstep; making it clear, that, with respect
to this application, his client does not object to the amount of retail lands
proposed on the subject lands provided that the Sifton Properties Limited
application, which will be considered later this evening for 350,000 square
feet, is permitted and I say that because our clients application has the
ability to proceed immediately; advising that you can take all of the numbers
that Mr. Harbell threw at you in terms of economic benefit and use for his
clients lands; advising that 350,000 square feet will generate $65,000,000 in
investment, $5,000,000 in development charges, etc.; and reiterating that
they do not take issue with respect to the amount of space proposed provided
that it is not to the detriment of his clients proposal. (2013-D14A)
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: J.L. Baechler (1)
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Motion made by Councillor B. Polhill to
Approve clauses 11 to 17, inclusive.
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That, the following actions be taken with
respect to the application of Sifton Properties Limited, relating to the
properties located at 1311, 1363 and 1451 Wharncliffe Road South:
a)
the
attached proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on June 25, 2013, to replace schedule 1-d of Official
Amendment No. 541 to change the designation of the lands known as 1311, 1363
and 1451 Wharncliffe Road South, (generally bounded by Wharncliffe Road
South, Morgan Avenue and the future Bradley Avenue corridor), FROM an
Auto-Oriented Commercial Corridor designation and a Multi-Family, High
Density Residential designation TO a Community Commercial Node designation,
to permit a wide range of retail outlets, including department stores, home
improvement and furnishings stores, supermarkets, food stores and pharmacies,
convenience commercial uses, personal services, restaurants, commercial
recreation establishments, financial institutions, a limited range of
automotive services, service-oriented office uses such as real estate,
insurance and travel agencies, community facilities, such as libraries or day
care centres, professional and medical/dental offices, commercial and private
schools, and limited amounts of office uses and places of entertainment;
b)
the
Ontario Municipal Board BE REQUESTED to amend the land use designations
contained in Official Plan Amendment No. 541 accordingly;
c) the
attached proposed by-law BE INTRODUCED at a future meeting of
the Municipal Council, when the Official Plan Amendment noted in part a),
above, is in full force and effect, to amend Zoning By-law No. Z.-1, (in
conformity with the Official Plan, as amended in part a), above), to:
i) amend
the zoning on a portion of lands at 1311, 1363 and 1451 Wharncliffe Road
South FROM a
Holding Restricted Service Commercial Special Provision
(h.h-11.h-63.h-82.h-95.h-100.h-105.h-138.RSC1(20)/RSC2(11)/RSC3(17)/RSC4
(15)/RSC5/(17)) Zone and a Holding Restricted Service Commercial Special
Provision (h.h-11.h-63.h-82.h-95.h-100.h-105.h-135.RSC1(20)/ RSC2(11)/RSC3
(17)/RSC4(15)/RSC5/(17)) Zone, which permits a wide range of automotive,
commercial and service oriented uses, and a Holding Residential /R5/R6/ R7/R10
(h.h-54.h-71.h-100.h-134.R5-7/R6-5/R7.D100.H45/R10-3.H45) Zone, which permits
a range of multi-family uses including townhouse dwellings, cluster housing,
apartment buildings and retirement lodges TO a Holding Community
Shopping Area Special Provision (h.h-11.h-63.h-82.h-95.h-100.h-105.h-138.
CSA5( )) Zone and a Holding Community Shopping Area Special Provision
(h.h-11.h-63.h-82.h-95.h-100.h-105.h-135.CSA5( )) Zone, to permit a wide
range of commercial uses including assembly halls,
restricted automotive uses, bake shops, cinemas, clinics, commercial
recreation establishments, day care centres, financial institutions, offices,
medical/dental offices, private clubs, restaurants, retail stores, service
and repair establishments, supermarkets and taverns, with a maximum gross
floor area of 30,000 square metres and a maximum height of 12 metres; and,
ii) amend
Section 22.3 of the Community Shopping Area (CSA) Zone by adding Special
Provisions for the CSA 5 Zone, to permit uses in stand-alone buildings which
do not form part of a shopping centre and permit a minimum front/exterior
side yard depth of 3 metres; and,
c)
the
Approval Authority BE REQUESTED to report back on the modifications required
to the Conditions of Draft Approval for Plan 39T-07510, to reflect changes to
the Official Plan and Zoning that are approved by the Municipal Council;
it being pointed out that at the public participation
meeting associated with this matter, the following individuals made oral
submissions in connection therewith:
·
Steven
Zakem, Aird Berlis, on behalf of the applicant – indicating that the Planning
and Environment Committee had a staff report, dated March 19, 2013,
recommending approval of their application in a manner acceptable to his
client; noting that the Official Plan Amendment and Zoning By-law attached
to that report would have adopted an Official Plan Amendment to the in-force
Official Plan and a Zoning By-law Amendment on a free-standing basis, similar
to what the Committee did on the York Developments application; advising that
it was his position, at that time, that no reconsideration was required, for
the same reason that the York Developments application was previously
approved; noting that there was no reconsideration necessary for the York
Developments application despite the fact that it is within SWAP and despite
the fact that the Committee will be recommending to the Municipal Council the
approval of an Official Plan Amendment; advising that the staff position for
the reconsideration, and the staff change in recommendation, appears to be
based on the premise that the SWAP decision on his clients lands was not
appealed; indicating that this is not correct, that Sifton Properties Limited
appealed SWAP in its entirety, even as it applied to Sifton lands;
reiterating that the basis on which staff is making this recommendation is
based on an incorrect conclusion; advising that I filed the appeal and I know
what I said; advising that he has a staff recommendation approving 31,000
square metres of space; and requesting the Committee to ask the Municipal
Council to approve the attached document.
·
Vicky
Blackwell, 3255 Morgan Avenue – advising that she and most of the neighbours
living in the neighbourhood were here for the last meeting; noting that,
unfortunately, most of the neighbours are unable to attend tonight’s meeting;
reiterating that this is not something that the neighbourhood wants; advising
that they believe that the existing zoning and the existing plans are more
than sufficient; indicating that they do not want to see the existing
multi-family residential get changed and allow a Wal-Mart or a Lowe’s in the
area; advising that they previously fought to ensure that the road remained a
secondary road, not a primary road; indicating that there is a lot of
construction area through there now and it is only going to get worse;
indicating that they do not believe that adequate traffic studies have been
completed; indicating that they do not want the noise, the light pollution
and people coming in and removing garbage in the middle of the night;
reiterating that it is not something that they want; advising that they have
plenty of grocery stores in the area; reiterating that they do not want a
Wal-Mart on the corner; asking the Committee who would like to have a
supercenter in your backyard; advising that she would be able to see it from
her front steps; advising that it will be a safety concern for children in
the neighbourhood; and asking that the application be refused.
·
Jim
Harbell, Stikeman Elliott, on behalf of York Developments – advising that
York Developments does not object to the Planning staff recommendation that
is before the Committee this evening; reiterating that York Developments is
not objecting to the commercial uses; noting that York Developments has an
interest in this matter given that it is another significant commercial
matter in the SWAP area; and advising that they do not anticipate that the
City’s planning process should be used in any way to regulate competition.
(2013-D14A)
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That, the communication, dated June 6,
2013, from Councillor Matt Brown, with respect to the North Routledge Park
Industrial Area BE REFERRED to the Civic Administration for consideration and
to respond directly to Councillor M. Brown. (2013-D14)
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That, the Civic Administration BE DIRECTED
to report back at a public participation meeting of the Planning and
Environment Committee to be held on September 10, 2013, relating to the
application by Bluestone Properties Inc., for the property located at 450
Oxford Street West;
it being noted that the Planning and
Environment Committee reviewed and received a communication, dated May 29,
2013, from A.R. Patton, Patton Cormier & Associates, with respect to this
matter;
it being pointed out that the Planning and
Environment Committee heard verbal presentations from A.R. Patton, Patton
Cormier & Associates, on behalf of Bluestone Properties Inc. and M.
Snowsell, Land Use Regulations Officer, Upper Thames River Conservation
Authority, with respect to this matter. (2013-D14A)
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That the communication, dated June 10,
2013, from the Committee Secretary, for the holding of a special Planning and
Environment Committee on Thursday, July 25, 2013 at 4:00 p.m., BE APPROVED.
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15.
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Near-Campus
Neighbourhoods Policy
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That, on the recommendation of the Managing
Director, Planning and City Planner, relating to the adjournment of the
appeal of Adamas Group Inc., for OPA 535 Policy 3.5.19.8 and the appeal of
Zoning By-law No. Z.-1-122125 solely as the said policy and provisions of the
zoning by-law apply to the lands located at 1461-1465 Oxford Street East and
613-629 First Street, the Ontario Municipal Board BE ADVISED that the
Municipal Council consents to an order that permits the appeals of Adamas
Group Inc., in part, on the basis that Figure 4.36 of Schedule A to Zoning
By-law No. Z.-1-122125 BE AMENDED to exclude these lands from Zoning By-law
No. Z.-1-122125, as appended as Appendix 1 to the staff report dated June 20,
2013; it being noted that the Planning and Environment Committee reviewed and
received a communication, dated June 18, 2013, from C. Kulchycki, Planner,
Zelinka Priamo Ltd., with respect to this matter. (2013-D14A)
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That, on the recommendation of the Managing
Director, Planning and City Planner, the Inventory of Heritage Resources BE
AMENDED to delete the property located at 131 Pond Mills Road and to add the
property located at 130 Pond Mills Road. (2013-R01)
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That, a special meeting of the Planning and
Environment Committee BE HELD on Monday, June 24, 2013 at 3:00 PM to receive
a revised recommendation and revised by-laws, with respect to the application
of the Fincore Group, relating to the properties located at 56-82 Wellington
Street, 283-323 South Street and 69-77 Waterloo Street. (2013-D14A)
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Motion made by Councillor B. Polhill and
seconded by Councillor S. Orser to Amend clause 11 by deleting the clause in
its entirety and by replacing it with the following new clause:
That, the following actions be taken with
respect to the application of Sifton Properties Limited, relating to the
properties located at 1311, 1363 and 1451 Wharncliffe Road South:
a) the
attached revised proposed by-law BE INTRODUCED at the Municipal
Council meeting to be held on June 25, 2013, to amend Schedule “A”, Land Use,
to the Official Pan for the City of London to change the designation of the
lands known as 1311, 1363 and 1451 Wharncliffe Road South, (generally bounded
by Wharncliffe Road South, Morgan Avenue and the future Bradley Avenue
corridor), FROM an Auto-Oriented Commercial Corridor designation and a
Multi-Family, High Density Residential designation TO a Community Commercial
Node designation, to permit a wide range of retail outlets, including
department stores, home improvement and furnishings stores, supermarkets,
food stores and pharmacies, convenience commercial uses, personal services,
restaurants, commercial recreation establishments, financial institutions, a
limited range of automotive services, service-oriented office uses such as
real estate, insurance and travel agencies, community facilities, such as
libraries or day care centres, professional and medical/dental offices,
commercial and private schools, and limited amounts of office uses and places
of entertainment;
b) the
attached revised proposed by-law BE INTRODUCED at the Municipal
Council meeting to be held on June 25, 2013, to amend Zoning By-law No. Z.-1,
(in conformity with the Official Plan, as amended in part a), above, to:
i) amend
the zoning on a portion of lands at 1311, 1363 and 1451 Wharncliffe Road
South FROM a Holding Restricted Service Commercial Special Provision
(h.h-11.h-63.h-82.h-95.h-100.h-105.h-138.RSC1(20)/RSC2(11)/RSC3(17)/RSC4
15)/RSC5/(17)) Zone and a Holding Restricted Service Commercial Special
Provision (h.h-11.h-63.h-82.h-95.h-100.h-105.h-135.RSC1(20)/ RSC2(11)/RSC3
(17)/RSC4(15)/RSC5/(17)) Zone, which permits a wide range of automotive,
commercial and service oriented uses, and a Holding Residential /R5/R6/
R7/R10 (h.h-54.h-71.h-100.h-134.R5-7/R6-5/R7.D100.H45/R10-3.H45) Zone, which
permits a range of multi-family uses including townhouse dwellings, cluster
housing, apartment buildings and retirement lodges TO a Holding Community
Shopping Area Special Provision (h.h-11.h-63.h-82.h-95.h-100.h-105.h-138.
CSA5( )) Zone and a Holding Community Shopping Area Special Provision
(h.h-11.h-63.h-82.h-95.h-100.h-105.h-135.CSA5( )) Zone, to permit a wide
range of commercial uses including assembly halls, restricted automotive
uses, bake shops, cinemas, clinics, commercial recreation establishments, day
care centres, financial institutions, offices, medical/dental offices,
private clubs, restaurants, retail stores, service and repair establishments,
supermarkets and taverns, with a maximum gross floor area of 30,000 square
metres and a maximum height of 12 metres; and,
ii) amend
Section 22.3 of the Community Shopping Area (CSA) Zone by adding Special
Provisions for the CSA 5 Zone, to permit uses in stand-alone buildings which
do not form part of a shopping centre and permit a minimum front/exterior
side yard depth of 3 metres;
c) the
Approval Authority BE REQUESTED to report back on the modifications required
to the Conditions of Draft Approval for Plan 39T-07510, to reflect changes to
the Official Plan and Zoning that are approved by the Municipal Council; and,
d) pursuant
to Section 34(17) of the Planning Act, as determined by the Municipal
Council, no further notice BE GIVEN in respect to the proposed by-law as
notice was previously given with respect to both the Official Plan Amendment
and the Southwest Area Plan (OPA 451);
it being pointed out that at the public participation
meeting associated with this matter, the following individuals made oral
submissions in connection therewith:
·
Steven
Zakem, Aird Berlis, on behalf of the applicant – indicating that the Planning
and Environment Committee had a staff report, dated March 19, 2013,
recommending approval of their application in a manner acceptable to his
client; noting that the Official Plan Amendment and Zoning By-law attached
to that report would have adopted an Official Plan Amendment to the in-force
Official Plan and a Zoning By-law Amendment on a free-standing basis, similar
to what the Committee did on the York Developments application; advising that
it was his position, at that time, that no reconsideration was required, for
the same reason that the York Developments application was previously
approved; noting that there was no reconsideration necessary for the York
Developments application despite the fact that it is within SWAP and despite
the fact that the Committee will be recommending to the Municipal Council the
approval of an Official Plan Amendment; advising that the staff position for
the reconsideration, and the staff change in recommendation, appears to be
based on the premise that the SWAP decision on his clients lands was not
appealed; indicating that this is not correct, that Sifton Properties Limited
appealed SWAP in its entirety, even as it applied to Sifton lands;
reiterating that the basis on which staff is making this recommendation is
based on an incorrect conclusion; advising that I filed the appeal and I know
what I said; advising that he has a staff recommendation approving 31,000
square metres of space; and requesting the Committee to ask the Municipal
Council to approve the attached document.
·
Vicky
Blackwell, 3255 Morgan Avenue – advising that she and most of the neighbours
living in the neighbourhood were here for the last meeting; noting that,
unfortunately, most of the neighbours are unable to attend tonight’s meeting;
reiterating that this is not something that the neighbourhood wants; advising
that they believe that the existing zoning and the existing plans are more
than sufficient; indicating that they do not want to see the existing
multi-family residential get changed and allow a Wal-Mart or a Lowe’s in the
area; advising that they previously fought to ensure that the road remained a
secondary road, not a primary road; indicating that there is a lot of
construction area through there now and it is only going to get worse;
indicating that they do not believe that adequate traffic studies have been
completed; indicating that they do not want the noise, the light pollution
and people coming in and removing garbage in the middle of the night;
reiterating that it is not something that they want; advising that they have
plenty of grocery stores in the area; reiterating that they do not want a
Wal-Mart on the corner; asking the Committee who would like to have a
supercenter in your backyard; advising that she would be able to see it from
her front steps; advising that it will be a safety concern for children in
the neighbourhood; and asking that the application be refused.
·
Jim
Harbell, Stikeman Elliott, on behalf of York Developments – advising that
York Developments does not object to the Planning staff recommendation that
is before the Committee this evening; reiterating that York Developments is
not objecting to the commercial uses; noting that York Developments has an
interest in this matter given that it is another significant commercial
matter in the SWAP area; and advising that they do not anticipate that the
City’s planning process should be used in any way to regulate competition.
(2013-D14A)
|
|
Motion made by Councillor J.P. Bryant and
seconded by Councillor N. Branscombe to Refer clause 11 to the Planning and Environment
Committee (PEC) for further review in order to ensure proper documentation is
in place that accurately reflects the wishes of the PEC, with no further
public consultation to be required.
|
|
At 8:37 PM Mayor J.F. Fontana places
Councillor P. Hubert in the Chair and takes a seat at the Council Board.
|
|
At 8:42 Mayor J.F. Fontana resumes the
Chair and Councillor P. Hubert takes his seat at the Council Board.
|
The motion to Refer clause 11 to the PEC is
put.
|
Motion Failed
YEAS: N. Branscombe, M. Brown, J.P. Bryant
(3)
NAYS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, P. Hubert, D.G. Henderson, P.
Van Meerbergen, D. Brown, H.L. Usher, S.E. White (12)
|
The motion to Amend clause 11 is put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B. Armstrong,
J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (14)
NAYS: J.P. Bryant (1)
|
Motion made by Councillor B. Polhill and
seconded by Councillor S. Orser to Approve clause 11, as amended.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White
(14)
NAYS: J.P. Bryant (1)
|
The motion to Approve clauses 12 to 17,
inclusive, is put.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
Motion made by Councillor B. Polhill to
Approve clause 18.
|
That, on the direction of Municipal
Council, in recognition of the circumstance where these lands have been
previously zoned and designated to permit a range of commercial uses, and
that an “Unevaluated Vegetation Patch” (Patch 10102) as identified on
Schedule “B-1” of the Official Plan is located on a portion of these lands,
the following actions be taken with respect to the application of PenEquity
Realty Corporation, relating to the property located at 3130 and 3260
Dingman Drive and the rear portion of 4397 and 4407 Wellington Road South:
a)
the
proposed by-law, as appended to the staff report dated June 20, 2013, BE INTRODUCED at the Municipal Council meeting to be held on June 25, 2013, to
amend
the Official Plan as follows:
i)
by
adding a special policy in Chapter 10 – “Policies for Specific Areas” to
permit cinema use outside of the downtown area in the New Format Regional
Commercial Node; and,
ii)
by
amending Schedule B-1- Natural Heritage Features, to delete “Unevaluated
Vegetation Patch”;
b)
the
proposed by-law, as appended to the staff report dated June 20, 2013, BE INTRODUCED at the Municipal Council meeting to be held on June 25, 2013, to amend Zoning
By-law No. Z.-1, (in conformity with the Official Plan as amended in part a),
above), FROM a Holding Restricted Service Commercial Special
Provision/Light Industrial (h*RSC1(9)/RSC5/LI6) Zone, a Holding Restricted
Service Commercial Special Provision (h*RSC1(9)/RSC3/RSC4(5)/RSC5) Zone,
which permits a wide range of service commercial uses such as automobile
services, home and auto supply, service repair and light industrial uses and
a Community Shopping Area (CSA6) which allows for a large range of commercial
uses TO a Holding Associated Shopping Area Commercial Special Provision
(h*h-5*h-18*h-55*h-103*h-141*h(_)*ASA3/ASA5/ASA6 (_)/ASA7(_)/ASA8(_)) Zone,
to allow for commercial retail use, 14,000m2 of commercial
recreational use, 4,000m2 cinema use, a gas bar use, and a hotel
use,
subject to holding
provisions to ensure the provision of municipal servicing, archaeological
evaluation be completed, a transportation study be completed,
Ministry of Transportation permits be obtained, urban design matters be
addressed, and a natural heritage compensation agreement between the City and
the applicant be entered into to address the natural heritage compensation
measures to be implemented resulting from the removal of the Unevaluated
Vegetation Patch (Patch 10102);
c)
the
Site Plan Approval Authority BE REQUESTED to consider the following design
issues through the site plan process:
·
ensure
a high level of architectural and landscape quality on all portions of the
site with visual exposure to Highway 401;
·
ensure
that the design of the buildings located along Highway 401 and Dingman drive
are of a high design standard and do not appear as “the back of house”;
·
screen
all parking areas visible from Highway 401 as well as Dingman Drive using
enhanced landscaping;
·
create
a block pattern on the site in order to allow for future redevelopment;
·
create
a high quality main street through the centre of the site that includes:
·
on-street
parking;
·
wide
sidewalks;
·
street
trees;
·
landscaping
as well as street furniture (i.e.: lamp posts, signage, benches, garbage
bins, etc…);
·
improved
pedestrian experience and access throughout the site;
·
locate
buildings along the main street that are oriented towards the street with
accented main pedestrian entry points, transparent glass, articulated facades
and rooflines, in order to create an active frontage;
·
include
a key building at the view terminus of the proposed main street (e.g.,
proposed movie theatre);
·
provision
of a variety of high quality materials (such as transparent glass, brick,
stone, etc.) on all proposed buildings, in particular the elevations facing
Highway 401, Dingman Drive and the mainstreet;
·
create
a centralized public space, located along the main street;
·
provide
for continuous pedestrian connections through the site;
·
ensure
all buildings have a walkway to the proposed on site main street commercial
corridor as well as continuous walkways connecting to other buildings on the
site;
·
include
adequately sized landscape islands to break up large surface parking areas,
these landscape islands should include trees as well as enhanced landscaping;
·
submit
an updated urban design brief to the Urban Design Review Panel for a more
comprehensive review of the final proposal through the site plan process;
and,
·
plant
three trees for every tree removed, at a location of the applicant’s choice,
on the property;
d)
the
request to amend Zoning By-law No. Z.-1 from a Holding Restricted Service
Commercial Special Provision/Light Industrial (h*RSC1(9) /RSC5/LI6) Zone, a
Holding Restricted Service Commercial Special Provision
(h*RSC1(9)/RSC3/RSC4(5)/RSC5) Zone, which permits a wide range of service
commercial uses such as automobile services, home and auto supply, service
repair and light industrial uses and a Commercial Shopping Area (CSA6) Zone,
which allows for a large range of commercial uses to an Associated Shopping
Area Commercial Special Provision (ASA3/ASA5/ASA6 (_)/ASA7(_)/ASA8) Zone and
an Open Space (OS1) Zone, to allow for 50,183m2 of commercial
retail use, 13,564m2 of commercial recreational use, 3,921m2
cinema use, a gas bar use and a passive recreational use, BE REFUSED for the
following reasons:
i)
the
requested amendment is not consistent with the Provincial Policy Statement,
2005, including Wise Use and Management of Resources policies; and,
ii)
the
requested amendment is not consistent with the Environmental policies of the
Official Plan;
e)
the
Civic Administration BE DIRECTED to determine if there are similar instances
where “Unevaluated Vegetation Patches” on Schedule “B-1” of the Official Plan
are not shown as “Open Space” or “Environmental Review” on Schedule “A” of
the Official Plan, and to initiate an Official Plan Amendment to show these
lands as “Open Space” or “Environmental Review” on Schedule “A” of the
Official Plan, noting that this would then make these lands subject to the
City’s Tree Conservation By-law (By-Law C.P.-1466-249);
f)
the
Civic Administration BE DIRECTED to work with the Applicant to develop
the Natural Heritage Compensation Agreement required by the h(_) holding
provision for Municipal Council approval that reflects the natural heritage
value of the natural heritage feature to be removed, and is consistent with
the compensation achieved through the Sovereign Woods resolution, it being
noted that the Natural Heritage Compensation Agreement may include both
natural heritage lands and lands that may be planted; and,
g) pursuant
to Section 34(17) of the Planning Act, as determined by the Municipal
Council, no further notice BE GIVEN in respect of the proposed by-law as
Insert reason why no further notice is required;
it being pointed out that the Planning and
Environment Committee reviewed and received a communication, dated June 17,
2013, from Roslyn Houser, Goodmans, with respect to this matter.
(2013-D14A)
|
|
Motion made by Councillor B. Polhill and
seconded by Councillor S. Orser to Amend clause 18 in part g) by deleting the
words “Insert reason why no further notice is required;” and by replacing
them with the words “the by-law is consistent with the request of the
applicant, is consistent with what was circulated to the public and the
changes are minor in nature;”.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
|
Motion made by Councillor B. Polhill and
seconded by Councillor S. Orser to Amend clause 18 by deleting part b) it in
its entirety and by replacing it with the following new part b):
b) the
proposed revised by-law attached hereto as Appendix
"B" BE INTRODUCED at the Municipal Council meeting on June 25,
2013, to amend Zoning By-law No. Z.-1, in conformity with the Official Plan
as amended in part a) above, FROM a Holding Restricted Service Commercial
Special Provision/Light Industrial (h*RSC1(9)/RSC5/LI6) Zone, a Holding
Restricted Service Commercial Special Provision (h*RSC1(9)/RSC3/RSC4(5)/RSC5)
Zone which permits a wide range of service commercial uses such as automobile
services, home and auto supply, service repair and light industrial uses and
a Community Shopping Area (CSA6) which allows for a large range of commercial
uses TO a Holding Associated Shopping Area Commercial Special Provision
(h*h-5*h-18*h-55*h-103*h-141*h(_)*ASA3/ASA5/ASA6 (_)/ASA7(_)/ASA8(_)) Zone to
allow for commercial retail use, 14,000m2 of commercial recreational use,
4,000m2 cinema use, a gas bar use, a hotel use, home improvement and
furnishing stores, and liquor, beer and wine stores subject to holding
provisions to ensure the provision of municipal servicing, archaeological
evaluation be completed, a transportation study be completed, Ministry of
Transportation permits be obtained, urban design matters be addressed, and a
natural heritage compensation agreement between the City and the applicant be
entered into to address the natural heritage compensation measures to be
implemented resulting from the removal of the Unevaluated Vegetation Patch
(Patch 10102);
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
|
At 8:52 PM Mayor J.F. Fontana places
Councillor P. Van Meerbergen in the Chair and takes a seat at the Council
Board.
|
The attached email from P. White,
London Economic Development Corporation (LEDC) relating to this matter was
distributed by the Clerk to Members of Council.
Motion made by Councillor S. Orser and
seconded by Councillor J.B. Swan to Approve that pursuant to section 9.6 of the
Council Procedure By-law, Mayor J.F. Fontana be permitted to speaker longer
than 5 minutes with respect to clause 18.
Motion Passed
|
At 9:08 PM Mayor J.F. Fontana resumes the
Chair and Councillor P. Van Meerbergen takes his seat at the Council Board.
|
|
Motion made by Councillor H.L. Usher and
seconded by Councillor P. Hubert to Refer the matter to the Civic
Administration to complete an Environmental Impact Study, which is to include
an evaluation and comment on the status of the woodlot and/or wetland; a
summary of the net jobs, including a description of jobs that will be created
by this proposal; and to permit the applicant an opportunity to further
consider the potential to retain some, or all of the woodlot, and to report
back thereon to the Planning and Environment Committee.
|
Motion made by Councillor P. Hubert and
seconded by Councillor D. Brown to Approve that pursuant to section 9.6 of the
Council Procedure By-law, Councillor H.L. Usher be permitted to speaker longer
than 5 minutes with respect to clause 18.
Motion Passed
Motion made by Councillor S. Orser and
seconded by Councillor D. Henderson to Amend the motion to Refer by removing
the words “an Environmental Impact Study, which is to include”.
The Chair rules that the motion to Amend the
referral is in order.
|
Councillor J.L. Baechler appeals the ruling
of the Chair.
Pursuant to section 10.5 of the Council
Procedure By-law the question “Shall the ruling of the Chair be Sustained?” is
put.
|
|
The ruling of the Chair is not sustained.
YEAS: J.F. Fontana, B. Polhill, S. Orser,
D.G. Henderson, P. Van Meerbergen, S.E. White (6)
NAYS: B. Armstrong, J.B. Swan, J.L.
Baechler, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, J.P.
Bryant (9)
|
|
At 9:51 PM Mayor J.F. Fontana places
Councillor B. Armstrong in the Chair and leaves the meeting.
|
At 9:55 PM Mayor J.F. Fontana enters the
meeting and takes a seat at the Council Board.
|
At 10:03 PM Mayor J.F. Fontana resumes the
Chair and Councillor B. Armstrong takes his seat at the Council Board.
The motion to Refer clause 18 is put.
|
|
Motion Passed
YEAS: J.L. Baechler, N. Branscombe, M.
Brown, P. Hubert, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (8)
NAYS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, D.G. Henderson, P. Van Meerbergen (7)
|
Motion made by Councillor B. Polhill to
Approve clause 2.
|
2.
|
Properties located at 56-82 Wellington
Street, 283-323 South Street and 69-77 Waterloo Street (OZ-8114)
|
That, on the direction of the Municipal
Council, the following actions be taken with respect to the application of the
Fincore Group, relating to the properties located at 56-82 Wellington Street,
283-323 South Street and 69-77 Waterloo Street:
a)
the
attached, revised, proposed by-law BE INTRODUCED at the Municipal
Council meeting to be held on June 25, 2013, to amend Section 3.5
(Policies for Specific Residential Areas) of the Official Plan within the lands
located at 291-299 South Street and to amend Section
4.4.1.13 (Specific Main Street Corridors), to add a policy to include the lands
located at 56-82 Wellington Street South and 283-289 South Street substantially
located on the east side of Wellington Street to a depth of 82 metres from
centreline of Wellington Street between South Street and the Thames River;
b)
the
proposed by-law, as appended to the staff report dated June 24, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on June 25,
2013, to
amend Section 3.5 (Policies for Specific Residential Areas) of the Official
Plan within the lands located at 303-323 South Street and 69-77 Waterloo
Street, which is substantially bounded by Waterloo Street on the east, South
Street on the north, the Thames River on the south, and the limit of the Main
Street Commercial Corridor designation on Wellington Street, excluding the
lands located at 291-299 South Street;
c)
subject
to Policy 19.1.1. of the Official Plan, the lands located south of the existing
Upper Thames River Conservation Authority Regulated Area, BE INTERPRETED to be
located within the “Open Space” designation;
d)
the
proposed by-law, as appended to the staff report dated June 24, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on June 25, 2013, to
amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended
in part a), above), to change the zoning applicable to the lands located at
56-82 Wellington Street and 283-299 South Street FROM a Business District
Commercial Special Provision/ Neighbourhood Facility (BDC (6)/NF1) Zone, which
permits a large range of commercial uses, churches and residential uses, a
Residential R9 (R9-3*H22) Zone, which permits apartment buildings with a
maximum height of 22m and a Holding Residential R7/Residential R9/Regional
Facility (h-5*R7*D150*H30/R9-7*H30/RF) Zone, which permits retirement homes,
continuum of care facilities and apartment buildings with a maximum height of
30 metres and a maximum density of 150 units per hectare TO an Open Space (OS2)
Zone, to allow for conservation lands and public parks and a Holding Business
District Commercial Special Provision/ Bonus (h-2*h-5*h-35*h-55*h-89*h-(*)*h-(**)*BDC(__)*B-(*))
Zone, which
permits medical/dental office, clinics, a wide range of commercial uses,
apartment buildings, nursing homes, lodging houses, offices, an Independent
Health Facility on the second floor or above with a maximum gross floor area of
2000m2 and a maximum height of 12m, with a bonus zone to facilitate
a development design that is consistent with the text and illustrations, appended
to the staff report dated June 24, 2013, as Appendix “E”,
which includes a 26 storey (94m tall) mixed use building on the
southeast corner of Wellington Street and South Street with 19 storeys of
residential apartment use, 6 storeys, 4,650m2 gross floor area of
medical/dental, clinic and independent health facility use and 929m2
of ground floor commercial retail which shall be implemented through a
development agreement in return for the provision of the following services
facilities and matters:
·
underground
parking spaces;
·
placement
of the building at the corner of Wellington and South Streets, with the design
at its skyline to provide visual signals that both define and distinguish the
Gateway area, and building facades using a composition of high quality
materials including glass, metal panel, and stone veneer in proportions that,
with minor variations at the City’s discretion, match the elevations appended
to the staff report dated June 24, 2013, as Appendix “E”, so the architecture
of the building itself creates the Gateway;
·
utilization
of a non-residential podium base with multiple step-backs, and above it a
residential point tower, to have regard for the impact of the proposed
development on year-round sunlight conditions on adjacent properties and
streets and to ensure the form and design of the new development complements
the river valley and parklands located adjacent to the site;
·
orientation
of the primary building and unit entrances into the ground floor commercial
spaces so that they face and open onto the Wellington street frontage in order
to provide for the enhancement of the pedestrian environment;
·
a
green roof atop the building podium portions to support innovative and
environmentally sensitive development;
·
two
publicly accessible pedestrian connections through the site, one from
Wellington Street and one from South Street to the public open space bordering
the Thames River to minimize the obstruction of views of natural features and
to provide for improved access to riverside public open space supplementary to
any parkland dedication requirements; and,
·
landscaping
enhancements including financial contribution therefor that are above City
standards, of the abutting South Street and Wellington Street road allowances,
to achieve high quality landscaping and the creation of an attractive street
edge at this strategic Gateway location, to provide for Green Streets as
detailed in the SoHo Community Improvement Plan, for suitable locations to
accommodate the planting of street trees, and to encourage aesthetically
attractive residential developments through the enhanced provision of landscaped
open space;
and a Holding Residential
R5 /Residential R7 /Residential R9/Bonus (h-2 *h-5*h-35*h-55*h-89*h-(*)*h-(**)*
R5-7/R7*D150*H22/R9-7*H22*B(*)) Zone, which
permits apartments, senior apartments, nursing homes, townhouses, stacked
townhouses to a maximum height of 22m and maximum density of 150 units per hectare
with a bonus zone to facilitate a development design that is consistent with
the text and illustrations as appended to the staff report dated June 24, 2013, as Appendix
“E”, which includes a
26 storey (94m tall) mixed use building on the southeast corner of Wellington
Street and South Street with 19 storeys of residential apartment use, 6
storeys, 4,650m2 gross floor area of medical/dental, clinic and
independent health facility use and 929m2 of ground floor commercial
retail which shall be implemented through a development
agreement in return for the provision of the following services facilities and
matters:
·
underground
parking spaces;
·
placement
of the building at the corner of Wellington and South Streets, with the design
at its skyline to provide visual signals that both define and distinguish the
Gateway area, and building facades using a composition of high quality
materials including glass, metal panel, and stone veneer in proportions that,
with minor variations at the City’s discretion, match the elevations appended
to the staff report dated June 24, 2013, as Appendix “E”, so the architecture
of the building itself creates the Gateway;
·
utilization
of a non-residential podium base with multiple step-backs, and above it a
residential point tower, to have regard for the impact of the proposed
development on year-round sunlight conditions on adjacent properties and
streets and to ensure the form and design of the new development complements
the river valley and parklands located adjacent to the site;
·
orientation
of the primary building and unit entrances into the ground floor commercial
spaces so that they face and open onto the Wellington street frontage in order
to provide for the enhancement of the pedestrian environment;
·
a
green roof atop the building podium portions to support innovative and
environmentally sensitive development;
·
two
publicly accessible pedestrian connections through the site, one from
Wellington Street and one from South Street to the public open space bordering
the Thames River to minimize the obstruction of views of natural features and
to provide for improved access to riverside public open space supplementary to
any parkland dedication requirements; and,
·
landscaping
enhancements including financial contribution therefor that are above City
standards, of the abutting South Street and Wellington Street road allowances,
to achieve high quality landscaping and the creation of an attractive street
edge at this strategic Gateway location, to provide for Green Streets as
detailed in the SoHo Community Improvement Plan, for suitable locations to
accommodate the planting of street trees, and to encourage aesthetically
attractive residential developments through the enhanced provision of
landscaped open space;
e)
the
proposed by-law, as appended to the staff report dated June 24, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on June 25, 2013 to
amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended
in part b), above), to change the zoning applicable to the lands located at
303-323 South Street and 69-77 Waterloo Street FROM a Residential R9 (R9-3*H22)
Zone, which permits apartment buildings with a maximum height of 22m and a
Holding Residential R7/Residential R9/Regional Facility
(h-5*R7*D150*H30/R9-7*H30/RF) Zone, which permits retirement homes, continuum
of care facilities and apartment buildings with a maximum height of 30m and a
maximum density of 150 units per hectare TO an Open Space (OS2) Zone, to allow
for conservation lands and public parks and a Holding
Residential R5/Residential R7/Residential R9/Bonus (h-2*h-5*h-35*h-55*h-89*h-(*)*h-(**)*R5-7/R7*D150*H22/R9-7*H22*B(**))
Zone, which permits apartments, senior apartments, nursing homes, townhouses,
stacked townhouses to a maximum height of 22m and maximum density of 150 units
per hectare with a bonus zone to facilitate a development design that is
consistent with the text and illustration appended to the staff
report dated June 24, 2013, as Appendix “E”, which includes an 18-storey
(67m tall) residential
building on the southwest corner of Waterloo Street and South Street with 78
retirement lodges and 130 nursing home care units, 65 stacked townhouses
dwelling units (15m tall) along South Street with a maximum of 1,000m2
of convenience commercial uses which include convenience stores, convenience
service establishments, financial institutions, personal service
establishments, bake shops, commercial schools, florist shops, and restaurants,
at ground level without a drive through and a church use which shall be
implemented through a development agreement in return for the provision of
the following services facilities and matters:
·
secured bicycle parking
spaces and temporary bicycle parking spaces for a total of 150 bicycle parking
spaces;
·
orientation of buildings to the
street so that all principal facades of all units face the street and include
active building elements such as primary entrances, porches, canopies and windows
in order to provide for the enhancement of the pedestrian environment;
·
utilization of a podium base with
multiple step-backs and a residential point tower above on the building
abutting the northeast corner so as to have regard for the impact of the proposed
development on year-round sunlight conditions on adjacent properties and
streets and to ensure the form and design of the new development complements
the river valley and parklands located adjacent to the site;
·
building facades using a
composition of high quality materials including glass, metal panel, and stone
veneer in proportions that, with minor variations at the City’s discretion,
match the elevations appended
to the staff report dated June 24, 2013, as Appendix “E”, and
townhouse facades that vary in
their projection and recession along South Street so that they do not appear as
one solid plane, so as to ensure a high
standard of design for buildings to be constructed in this prominent location
at the perimeter of the Downtown, near the edge of the river valley;
·
a green roof atop the parking
structure and building podium portions to support innovative and
environmentally sensitive development;
·
a publicly accessible pedestrian
and sight line connection through the site from South Street to the public open
space bordering the Thames River to minimize the obstruction of views of
natural features and to provide for improved access to riverside public open
space supplementary to any parkland dedication requirements;
·
provision of enhanced landscaped open
space at street level and along the Thames Valley corridor to support the
provision of common open space that is functional for active or passive
recreational use; and,
·
landscaping enhancements including
financial contribution therefor that are above City standards, of the abutting
South Street and Waterloo Street road allowances, to provide for Green Streets
as detailed in the SoHo Community Improvement Plan, for suitable locations to
accommodate the planting of street trees, and to encourage aesthetically
attractive residential developments through the enhanced provision of
landscaped open space;
f)
change
Section 2, Definitions, of the City of London Z.-1 Zoning By-law to include the
following definition: “Independent
Health Facility” means a diagnostic facility that is funded by the Ministry to
provide specific classes of diagnostic tests and is an ambulatory facility that
provides surgical and therapeutic procedures for which the costs of carrying
out the procedure are not included in the OHIP fee paid to physicians and is operated
under the authority of a licence issued by the Director of Independent Health
Facilities in accordance with all Ministry regulation, including the Independent
Health Facilities Act as may be amended, does not include overnight
accommodation and requires parking to be provided at the same rate as for a
clinic use;
g)
the
request to amend Zoning By-law No. Z.-1 to change the zoning of the subject
property FROM a Business District Commercial Special Provision/ Neighbourhood
Facility (BDC (6)/NF1) Zone, which permits a large range of commercial uses and
residential use and a Residential R9 (R9-3*H22) Zone, which permits apartment
buildings with a maximum height of 22m and a Holding Residential R7/Residential
R9/Regional Facility (h-5*R7*D150*H30/R9-7*H30/RF) Zone, which permits
retirement homes, continuum of care facilities and apartment buildings with a
maximum height of 30m TO a Holding Business District Commercial
Special Provision (h-5*BDC1 (2)*D265*H80) Zone, which permits medical/dental
office, medical/dental clinics, a wide range of commercial uses, townhouses and
apartment buildings with a maximum height of 80m and maximum density of 265
units per hectare, BE REFUSED for the following reasons:
·
buildings
of this size and intensity may not provide for a good fit, consistent with
Official Plan infill policies in the absence of such measures as appropriate
urban design measures, underground parking, and enhanced landscaping which
cannot all be obtained through the “normal development approval process; and,
·
a
suitable approach to ensuring that the proposed development meets appropriate
criteria for the SoHo Area is to permit zoning categories that allow an
appropriate form of development and permit the requested additional heights and
density through the application of a Bonus Zone;
h)
the
bonusing provision requires that a development agreement be entered into to
ensure that the subject development design shall be consistent with the text
and illustrations contained in appended to the staff report dated June 24,
2013,
as Appendix “E”;
i)
pursuant
to Section 34(17) of the Planning Act, as determined by the Municipal
Council, no further notice BE GIVEN in respect of the proposed by-law as there
was a minor clerical change to the by-law as was proposed at the public
participation meeting held on June 18, 2013;
IT BEING NOTED THAT the following issues will be addressed
through the consideration of a future application prior to the lifting of the
holding provisions for these lands:
·
to
determine the extent to which development will be permitted and ensure that
development will not have a negative impact on relevant components of the
Natural Heritage System (identified on Schedule "B" of the Official
Plan), a development agreement shall be entered into specifying appropriate
development conditions and boundaries, based on an Environmental Impact Study
or Subject Lands Status Report that has been prepared in accordance with the
provisions of the Official Plan and to the satisfaction of the City of London,
prior to removal of the "h-2" symbol;
·
a
public participation meeting of the Planning and Environment Committee be held
for consideration of the site plan required for this development prior to the
removal of the "h-5" symbol;
·
to ensure that development will not have a negative
impact on an environmentally sensitive area, or natural feature, a development
agreement shall be entered into specifying any necessary preventative measures,
based on study(ies) to the satisfaction of the City of London conducted by
qualified professional(s) demonstrating that development in the form proposed
will not adversely affect the area or feature, prior to the removal of the
"h-35" symbol;
·
to
ensure the appropriate development of the site and limit the impact of the
development on the existing roadways, a traffic impact study for the entire
site is to be completed prior to site plan approval to determine the location
and number of access points, the traffic impact on surrounding roads and
roadway improvements required to accommodate this development; it being noted
that the "h-55” symbol shall be deleted upon the acceptance of the traffic
study by the City of London;
·
to
ensure the orderly development of the lands the h-89 symbol shall not be
deleted until a stormwater servicing report has been prepared and confirmation
that stormwater management systems are implemented to the satisfaction of the
City Engineer;
·
to
ensure the Owner undertakes a hydrogeotechnical evaluation and identify
geotechnical conditions as well as all required erosion set back maintenance,
erosion, structural, geotechnical setbacks, and ensure that all matters of
slope stability are adequately engineered for the subject site in the above
noted areas by the Professional Engineer, all to the satisfaction of the City
Engineer and the Upper Thames River Conservation Authority prior to removal of
the "h- (*)" symbol; and,
·
to
ensure that development will not have an adverse impact on pedestrian level
wind conditions, a wind impact assessment which may, at the request of the
City, include wind tunnel testing, shall be prepared by a qualified
professional and submitted to the City, and any recommendation contained
therein for building design or site modifications necessary to achieve
acceptable wind conditions shall be incorporated in the proposed development to
the satisfaction of the City of London prior to removal of the "h- (**)"
symbol. (2013-D14A)
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Motion made by Councillor J.P. Bryant and
seconded by Councillor S. Orser to Amend clause 2 by adding a new part j) as
follows:
j) the Civic
Administration BE DIRECTED to work with the Applicant in order to secure
permanent public access, to the Thames River from the site through the
development agreement process.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
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Motion made by Councillor B. Polhill and
seconded by Councillor S.E. White to Approve clause 2, as amended.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
NAYS: J.L. Baechler (1)
Clause 2, as amended, reads as follows:
That, on the direction of the Municipal
Council, the following actions be taken with respect to the application of
the Fincore Group, relating to the properties located at 56-82 Wellington
Street, 283-323 South Street and 69-77 Waterloo Street:
a)
the
attached, revised, proposed by-law BE INTRODUCED at the
Municipal Council meeting to be held on June 25, 2013, to amend
Section 3.5 (Policies for Specific Residential Areas) of the Official Plan
within the lands located at 291-299 South Street and to amend Section
4.4.1.13 (Specific Main Street Corridors), to add a policy to include the lands
located at 56-82 Wellington Street South and 283-289 South Street
substantially located on the east side of Wellington Street to a depth of 82
metres from centreline of Wellington Street between South Street and the
Thames River;
b)
the
proposed by-law, as appended to the staff report dated June 24, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on June 25,
2013, to
amend Section 3.5 (Policies for Specific Residential Areas) of the Official
Plan within the lands located at 303-323 South Street and 69-77 Waterloo
Street, which is substantially bounded by Waterloo Street on the east, South
Street on the north, the Thames River on the south, and the limit of the Main
Street Commercial Corridor designation on Wellington Street, excluding the
lands located at 291-299 South Street;
c)
subject
to Policy 19.1.1. of the Official Plan, the lands located south of the
existing Upper Thames River Conservation Authority Regulated Area, BE
INTERPRETED to be located within the “Open Space” designation;
d)
the
proposed by-law, as appended to the staff report dated June 24, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on June 25, 2013, to
amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as
amended in part a), above), to change the zoning applicable to the lands
located at 56-82 Wellington Street and 283-299 South Street FROM a Business
District Commercial Special Provision/ Neighbourhood Facility (BDC (6)/NF1) Zone,
which permits a large range of commercial uses, churches and residential
uses, a Residential R9 (R9-3*H22) Zone, which permits apartment buildings
with a maximum height of 22m and a Holding Residential R7/Residential
R9/Regional Facility (h-5*R7*D150*H30/R9-7*H30/RF) Zone, which permits
retirement homes, continuum of care facilities and apartment buildings with a
maximum height of 30 metres and a maximum density of 150 units per hectare TO
an Open Space (OS2) Zone, to allow for conservation lands and public parks
and a Holding Business District Commercial Special Provision/ Bonus (h-2*h-5*h-35*h-55*h-89*h-(*)*h-(**)*BDC(__)*B-(*))
Zone, which
permits medical/dental office, clinics, a wide range of commercial uses,
apartment buildings, nursing homes, lodging houses, offices, an Independent
Health Facility on the second floor or above with a maximum gross floor area
of 2000m2 and a maximum height of 12m, with a bonus zone to
facilitate a development design that is consistent with the text and
illustrations, appended to the staff report dated June 24, 2013, as Appendix
“E”, which includes a 26 storey (94m tall) mixed use building
on the southeast corner of Wellington Street and South Street with 19 storeys
of residential apartment use, 6 storeys, 4,650m2 gross floor area
of medical/dental, clinic and independent health facility use and 929m2
of ground floor commercial retail which shall be implemented through a
development agreement in return for the provision of the following services
facilities and matters:
·
underground
parking spaces;
·
placement
of the building at the corner of Wellington and South Streets, with the
design at its skyline to provide visual signals that both define and
distinguish the Gateway area, and building facades using a composition of
high quality materials including glass, metal panel, and stone veneer in
proportions that, with minor variations at the City’s discretion, match the
elevations appended to the staff report dated June 24, 2013, as Appendix
“E”,
so the architecture of the building itself creates the Gateway;
·
utilization
of a non-residential podium base with multiple step-backs, and above it a
residential point tower, to have regard for the impact of the proposed
development on year-round sunlight conditions on adjacent properties and
streets and to ensure the form and design of the new development complements
the river valley and parklands located adjacent to the site;
·
orientation
of the primary building and unit entrances into the ground floor commercial
spaces so that they face and open onto the Wellington street frontage in
order to provide for the enhancement of the pedestrian environment;
·
a
green roof atop the building podium portions to support innovative and
environmentally sensitive development;
·
two
publicly accessible pedestrian connections through the site, one from
Wellington Street and one from South Street to the public open space
bordering the Thames River to minimize the obstruction of views of natural
features and to provide for improved access to riverside public open space
supplementary to any parkland dedication requirements; and,
·
landscaping
enhancements including financial contribution therefor that are above City
standards, of the abutting South Street and Wellington Street road
allowances, to achieve high quality landscaping and the creation of an
attractive street edge at this strategic Gateway location, to provide for
Green Streets as detailed in the SoHo Community Improvement Plan, for suitable
locations to accommodate the planting of street trees, and to encourage
aesthetically attractive residential developments through the enhanced
provision of landscaped open space;
and a Holding Residential
R5 /Residential R7 /Residential R9/Bonus (h-2 *h-5*h-35*h-55*h-89*h-(*)*h-(**)*
R5-7/R7*D150*H22/R9-7*H22*B(*)) Zone, which
permits apartments, senior apartments, nursing homes, townhouses, stacked
townhouses to a maximum height of 22m and maximum density of 150 units per hectare
with a bonus zone to facilitate a development design that is consistent with
the text and illustrations as appended to the staff report dated June 24, 2013, as Appendix
“E”, which includes a
26 storey (94m tall) mixed use building on the southeast corner of Wellington
Street and South Street with 19 storeys of residential apartment use, 6
storeys, 4,650m2 gross floor area of medical/dental, clinic and
independent health facility use and 929m2 of ground floor
commercial retail which shall be implemented through a development
agreement in return for the provision of the following services facilities
and matters:
·
underground
parking spaces;
·
placement
of the building at the corner of Wellington and South Streets, with the
design at its skyline to provide visual signals that both define and
distinguish the Gateway area, and building facades using a composition of
high quality materials including glass, metal panel, and stone veneer in
proportions that, with minor variations at the City’s discretion, match the
elevations appended to the staff report dated June 24, 2013, as Appendix
“E”,
so the architecture of the building itself creates the Gateway;
·
utilization
of a non-residential podium base with multiple step-backs, and above it a
residential point tower, to have regard for the impact of the proposed
development on year-round sunlight conditions on adjacent properties and
streets and to ensure the form and design of the new development complements
the river valley and parklands located adjacent to the site;
·
orientation
of the primary building and unit entrances into the ground floor commercial
spaces so that they face and open onto the Wellington street frontage in
order to provide for the enhancement of the pedestrian environment;
·
a
green roof atop the building podium portions to support innovative and
environmentally sensitive development;
·
two
publicly accessible pedestrian connections through the site, one from
Wellington Street and one from South Street to the public open space
bordering the Thames River to minimize the obstruction of views of natural
features and to provide for improved access to riverside public open space
supplementary to any parkland dedication requirements; and,
·
landscaping
enhancements including financial contribution therefor that are above City
standards, of the abutting South Street and Wellington Street road
allowances, to achieve high quality landscaping and the creation of an
attractive street edge at this strategic Gateway location, to provide for
Green Streets as detailed in the SoHo Community Improvement Plan, for
suitable locations to accommodate the planting of street trees, and to
encourage aesthetically attractive residential developments through the
enhanced provision of landscaped open space;
e)
the
proposed by-law, as appended to the staff report dated June 24, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on June 25, 2013 to
amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as
amended in part b), above), to change the zoning applicable to the lands
located at 303-323 South Street and 69-77 Waterloo Street FROM a Residential
R9 (R9-3*H22) Zone, which permits apartment buildings with a maximum height
of 22m and a Holding Residential R7/Residential R9/Regional Facility
(h-5*R7*D150*H30/R9-7*H30/RF) Zone, which permits retirement homes, continuum
of care facilities and apartment buildings with a maximum height of 30m and a
maximum density of 150 units per hectare TO an Open Space (OS2) Zone, to
allow for conservation lands and public parks and a
Holding Residential R5/Residential R7/Residential R9/Bonus (h-2*h-5*h-35*h-55*h-89*h-(*)*h-(**)*R5-7/R7*D150*H22/R9-7*H22*B(**))
Zone, which permits apartments, senior apartments, nursing homes, townhouses,
stacked townhouses to a maximum height of 22m and maximum density of 150
units per hectare with a bonus zone to facilitate a development design that
is consistent with the text and illustration appended to the
staff report dated June 24, 2013, as Appendix “E”, which includes an
18-storey (67m tall) residential building on the southwest
corner of Waterloo Street and South Street with 78 retirement lodges and 130
nursing home care units, 65 stacked townhouses dwelling units (15m tall)
along South Street with a maximum of 1,000m2 of convenience
commercial uses which include convenience stores, convenience service
establishments, financial institutions, personal service establishments, bake
shops, commercial schools, florist shops, and restaurants, at ground level
without a drive through and a church use which shall be implemented through a
development agreement in return for the provision of the following services
facilities and matters:
·
secured bicycle
parking spaces and temporary bicycle parking spaces for a total of 150
bicycle parking spaces;
·
orientation of buildings to the
street so that all principal facades of all units face the street and include
active building elements such as primary entrances, porches, canopies and
windows in order to provide for the enhancement of the pedestrian
environment;
·
utilization of a podium base
with multiple step-backs and a residential point tower above on the building
abutting the northeast corner so as to have regard for the impact of the
proposed development on year-round sunlight conditions on adjacent properties
and streets and to ensure the form and design of the new development
complements the river valley and parklands located adjacent to the site;
·
building facades using a
composition of high quality materials including glass, metal panel, and stone
veneer in proportions that, with minor variations at the City’s discretion,
match the elevations appended
to the staff report dated June 24, 2013, as Appendix “E”, and townhouse
facades that vary in their projection and recession along South Street so
that they do not appear as one solid plane, so as to ensure a high standard of design for buildings to be
constructed in this prominent location at the perimeter of the Downtown, near
the edge of the river valley;
·
a green roof atop the parking
structure and building podium portions to support innovative and
environmentally sensitive development;
·
a publicly accessible pedestrian
and sight line connection through the site from South Street to the public
open space bordering the Thames River to minimize the obstruction of views of
natural features and to provide for improved access to riverside public open
space supplementary to any parkland dedication requirements;
·
provision of enhanced landscaped
open space at street level and along the Thames Valley corridor to support
the provision of common open space that is functional for active or passive
recreational use; and,
·
landscaping enhancements
including financial contribution therefor that are above City standards, of
the abutting South Street and Waterloo Street road allowances, to provide for
Green Streets as detailed in the SoHo Community Improvement Plan, for
suitable locations to accommodate the planting of street trees, and to
encourage aesthetically attractive residential developments through the
enhanced provision of landscaped open space;
f)
change
Section 2, Definitions, of the City of London Z.-1 Zoning By-law to include
the following definition: “Independent
Health Facility” means a diagnostic facility that is funded by the Ministry
to provide specific classes of diagnostic tests and is an ambulatory facility
that provides surgical and therapeutic procedures for which the costs of
carrying out the procedure are not included in the OHIP fee paid to
physicians and is operated under the authority of a licence issued by the
Director of Independent Health Facilities in accordance with all Ministry
regulation, including the Independent Health Facilities Act as may be
amended, does not include overnight accommodation and requires parking to be
provided at the same rate as for a clinic use;
g)
the
request to amend Zoning By-law No. Z.-1 to change the zoning of the subject
property FROM a Business District Commercial Special Provision/ Neighbourhood
Facility (BDC (6)/NF1) Zone, which permits a large range of commercial uses
and residential use and a Residential R9 (R9-3*H22) Zone, which permits
apartment buildings with a maximum height of 22m and a Holding Residential
R7/Residential R9/Regional Facility (h-5*R7*D150*H30/R9-7*H30/RF) Zone, which
permits retirement homes, continuum of care facilities and apartment
buildings with a maximum height of 30m TO a Holding Business
District Commercial Special Provision (h-5*BDC1 (2)*D265*H80) Zone, which
permits medical/dental office, medical/dental clinics, a wide range of
commercial uses, townhouses and apartment buildings with a maximum height of
80m and maximum density of 265 units per hectare, BE REFUSED for
the following reasons:
·
buildings
of this size and intensity may not provide for a good fit, consistent with
Official Plan infill policies in the absence of such measures as appropriate
urban design measures, underground parking, and enhanced landscaping which
cannot all be obtained through the “normal development approval process; and,
·
a
suitable approach to ensuring that the proposed development meets appropriate
criteria for the SoHo Area is to permit zoning categories that allow an
appropriate form of development and permit the requested additional heights
and density through the application of a Bonus Zone;
h)
the
bonusing provision requires that a development agreement be entered into to
ensure that the subject development design shall be consistent with the text
and illustrations contained in appended to the staff report dated June 24,
2013,
as Appendix “E”;
i)
pursuant
to Section 34(17) of the Planning Act, as determined by the Municipal
Council, no further notice BE GIVEN in respect of the proposed by-law as
there was a minor clerical change to the by-law as was proposed at the public
participation meeting held on June 18, 2013;
IT BEING NOTED THAT the following issues will
be addressed through the consideration of a future application prior to the
lifting of the holding provisions for these lands:
·
to
determine the extent to which development will be permitted and ensure that
development will not have a negative impact on relevant components of the
Natural Heritage System (identified on Schedule "B" of the Official
Plan), a development agreement shall be entered into specifying appropriate
development conditions and boundaries, based on an Environmental Impact Study
or Subject Lands Status Report that has been prepared in accordance with the
provisions of the Official Plan and to the satisfaction of the City of
London, prior to removal of the "h-2" symbol;
·
a
public participation meeting of the Planning and Environment Committee be
held for consideration of the site plan required for this development prior
to the removal of the "h-5" symbol;
·
to ensure that development will not have a negative
impact on an environmentally sensitive area, or natural feature, a
development agreement shall be entered into specifying any necessary
preventative measures, based on study(ies) to the satisfaction of the City of
London conducted by qualified professional(s) demonstrating that development
in the form proposed will not adversely affect the area or feature, prior to
the removal of the "h-35" symbol;
·
to
ensure the appropriate development of the site and limit the impact of the
development on the existing roadways, a traffic impact study for the entire
site is to be completed prior to site plan approval to determine the location
and number of access points, the traffic impact on surrounding roads and
roadway improvements required to accommodate this development; it being noted
that the "h-55” symbol shall be deleted upon the acceptance of the traffic
study by the City of London;
·
to
ensure the orderly development of the lands the h-89 symbol shall not be
deleted until a stormwater servicing report has been prepared and
confirmation that stormwater management systems are implemented to the
satisfaction of the City Engineer;
·
to
ensure the Owner undertakes a hydrogeotechnical evaluation and identify
geotechnical conditions as well as all required erosion set back maintenance,
erosion, structural, geotechnical setbacks, and ensure that all matters of
slope stability are adequately engineered for the subject site in the above
noted areas by the Professional Engineer, all to the satisfaction of the City
Engineer and the Upper Thames River Conservation Authority prior to removal
of the "h- (*)" symbol; and,
·
to
ensure that development will not have an adverse impact on pedestrian level
wind conditions, a wind impact assessment which may, at the request of the
City, include wind tunnel testing, shall be prepared by a qualified professional
and submitted to the City, and any recommendation contained therein for
building design or site modifications necessary to achieve acceptable wind
conditions shall be incorporated in the proposed development to the
satisfaction of the City of London prior to removal of the "h- (**)"
symbol; and,
j)
the
Civic Administration BE DIRECTED to work with the applicant in order to
secure permanent public access to the Thames River from the site through the
development agreement process. (2013-D14A)
Motion made by Councillor S. Orser and
seconded by Councillor S.E. White to Approve that pursuant to section 2.4 of
the Council Procedure By-law, section 11.10 of the said by-law be suspended
for the purpose of permitting the meeting to proceed beyond 11:00 PM.
Motion Passed
Motion made by Councillor B. Polhill to
Approve clause 1.
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1.
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Disclosure of Pecuniary Interest
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That it BE NOTED that no pecuniary
interests were disclosed.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P.
Bryant, S.E. White (15)
Motion made by Councillor B. Polhill to
Approve clause 3.
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3.
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Properties located at 3313-3405
Wonderland Road South and 1789 Wharncliffe Road South (OZ-7072/OZ-7073)
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That, the following actions be taken with
respect to the application of 1279059 Ontario Inc. (York Developments), CLF1
(Wonderland Road) and 1699259 Ontario Inc., relating to the properties located
at 3313-3405 Wonderland Road South and 1789 Wharncliffe Road South:
a) the
attached proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on June 25, 2013, to amend the Official Plan to change the
land use designation of the lands known as 3313-3405 Wonderland Road South
and 1789 Wharncliffe Road South FROM an “Urban Reserve – Community Growth”
designation TO a “New Format Regional Commercial Node” designation to permit
a range of retail, convenience, personal and financial service, restaurant,
commercial recreation, office, community facility and limited automotive
uses; and,
b) the
attached proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on June 25, 2013, (in conformity with the Official Plan,
as amended in part a) above), to change the zoning of the lands known as
3313-3405 Wonderland Road South and 1789 Wharncliffe Road South FROM an Urban
Reserve (UR4) Zone, which permits existing dwellings, agricultural uses,
conservation lands, managed woodlots, wayside pits, passive recreation uses,
kennels, private outdoor recreation clubs, and riding stables TO an
Associated Shopping Area Commercial Special Provision (h-5*h-_*h-_*ASA3/ASA5/
ASA6/ASA8(_)) Zone, which permits a broad range of large and small scale retail
outlets, including supermarkets and food stores, department stores, retail
warehouses, building supply, service commercial uses, offices, automotive
related uses and other uses such as restaurants, studios, day care centres,
commercial recreation establishments and home improvement stores, subject to
the following holding provisions:
• in
order to ensure the orderly development of the lands, no development shall
occur until a development agreement has been entered into between the
applicant and The Corporation of the City of London to ensure that the
development is consistent with and conforms to the vision and guidelines of
the South West Area Plan; and,
• to
ensure the adequate provision of a temporary sanitary service for the land
and to ensure that development will not have a negative impact on existing
municipal infrastructure or the City of London’s sanitary servicing strategy
for the area, no development shall occur until the Owner has entered into an
agreement with the City of London which specifies the conditions associated
with the provision of temporary sanitary servicing for the land; and,
c) a
public site plan meeting BE HELD at a future meeting of the Planning and
Environment Committee.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (13)
NAYS: J.P. Bryant (1)
RECUSED: J.L. Baechler (1)
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That it BE NOTED that no pecuniary
interests were disclosed.
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That, on the recommendation of the Managing
Director of Neighbourhood, Children and Fire Services, with the concurrence
of the Managing Director, Corporate Services, City Treasurer and Chief
Financial Officer, the following actions be taken with respect to
Council-directed funding to non-profit organizations:
a) the
Strategic Plan for the City of London’s five result areas (A Strong Economy,
A Vibrant and Diverse Community, A Green and Growing City, A Sustainable
Infrastructure, A Caring Community) BE CONFIRMED as community priorities and
for 2014, all current and new funding coming forward as part of the 2014
Budget process BE REQUIRED to reasonably contribute to the achievement of these
priorities; and,
b) all
applications for additional or new funding meeting the approved criteria BE
REFERRED to the 2014 budget deliberation process for consideration as part of
the overall tax rate.
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3.
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Development Charges
Review Update
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That the following BE RECEIVED regarding
the Development Charges Review; it being noted that a report on this matter
is expected to come back to the Strategic Priorities and Policy Committee at
its meeting of July 29, 2013:
a) a verbal update from L.
Townsend, Consultant;
b) a
communication dated May 23, 2013, from G. Macartney, CEO, London Chamber of
Commerce, regarding possible changes to the Urban Works Reserve Fund;
c) verbal
support from J. Kennedy, London Development Institute, regarding Ms.
Townsend's comments; and
d) verbal
representation from S. Levin, Urban League of London, indicating that it is
his assumption that the Urban League will be consulted with during the public
consultation period regarding the Development Charges Review.
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That the following actions be taken with
respect to future options for London Hydro Inc.:
a) the
attached presentations from T. Williams, Navigant Consulting
and M. Hayward, Managing Director, Corporate Services and City Treasurer, Chief
Financial Officer BE RECEIVED;
b) this
matter BE REFERRED to staff to identify and report back at the July 29, 2013
meeting of the Strategic Priorities and Policy Committee with a proposed
public education, dialogue and consultation process, which may include a
city-wide survey, regarding all options for the future of London Hydro Inc.,
including the long term sustainable value for the Shareholder, prior to the
Shareholder pursuing any course of action; and
c) the
Civic Administration BE AUTHORIZED to engage any third party consultants
required to assist with the process.
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That, on the recommendation of the Managing
Director, Planning and City Planner, the staff report dated June 10, 2013,
with respect to the ReThink London process and discussion papers, BE
RECEIVED; it being noted that the Strategic Priorities and Policy Committee
heard the attached presentation from the Manager of Land Use
Planning Policy with respect to this matter.
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6.
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Enquiry - Near
Campus Neighbourhoods
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Councillor J.L. Baechler enquired about the
status of the City’s defense of the Municipal Council’s position regarding
“Near Campus Neighbourhoods”. J. Page, Solicitor II, advised that the
Municipal Council’s position was successfully defended before the Ontario
Municipal Board.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
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7th Report of the
Investment and Economic Prosperity Committee
Councillor J.B. Swan presents.
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Motion made by Councillor M. Brown to Approve
clause 2.
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2.
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Orchestra London Business Plan
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That the report dated June 24, 2013, from the
Deputy City Treasurer and the Director, Corporate Investments and Partnerships,
with respect to the Orchestra London Business Plan BE RECEIVED for information;
it being noted that the Investment and Economic Prosperity Committee heard a
verbal update from J. O’Neill, President, Board of Directors and M. Faulkner,
Board Member, Music London.
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At 11:10 PM, Councillors D. Henderson and
P. Van Meerbergen leave the meeting.
At 11:11 PM, Mayor J.F. Fontana leaves the
meeting and places Councillor S.E. White in the Chair.
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Motion Passed
YEAS: B. Polhill, B. Armstrong, S. Orser,
J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher,
J.P. Bryant, S.E. White (11)
RECUSED: J.B. Swan (1)
Pursuant to section 12.3 of the Council
Procedure By-law, Councillor M. Brown calls for a separate vote on clause 3.
Motion made by Councillor J.B. Swan to
Approve clause 3.
3. Key Cultural
Prosperity Plan Initiatives Funded by the Culture Office in 2013
That, on the recommendation of the Director
of Corporate Investments and Partnerships, the following key cultural
initiatives BE FUNDED from the existing 2013 Culture Office budget to further
the actions of London’s Cultural Prosperity Plan:
a) the
London Arts Council (LAC) in the amount of $10,000 from existing funds of the
Culture Office for 2013 for the purpose of administering the London Artists
In Residence (LAIR) Program;
b)
the
London Arts Council (LAC) in the amount of $25,000 from existing funds of the
Culture Office for 2013 for the purpose of administering London’s September
27 – 29, 2013 Culture Days weekend celebration; and,
c) the
London Heritage Council (LHC) in the amount of $15,000 from existing funds of
the Culture Office for 2013 for the purpose of administering Trails Open
London to be launched May 31 – June 1, 2014, noting that the LHC currently
administers Doors Open for London, which is similar to Trails Open.
Motion Passed
YEAS: B. Polhill, B. Armstrong, J.B. Swan,
S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, D. Brown, H.L. Usher, J.P.
Bryant, S.E. White (11)
RECUSED: M. Brown (1)
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Motion made by Councillor J.B. Swan to
Approve clauses 1 and 4 to 7, inclusive.
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1. Disclosure of
Pecuniary Interest
That it BE NOTED that the following pecuniary
interests were disclosed:
a) Councillor
J. Swan disclosed a pecuniary interest in clause 2 of this report, having to
do with the Orchestra London Business Plan, by indicating that he is employed
by Orchestra London.
c)
Councillor
M. Brown disclosed a pecuniary interest in clause 3 of this report, having to
do with key cultural prosperity plan initiatives funded by the Culture Office
in 2013, by indicting that he is employed by the Thames Valley District which
receives funding under the LAIR program.
4. CN- Investments in
Infrastructure, Equipment and Technology
That representatives from Canadian National
Railway (CN) and Canadian Pacific Railway (CP) BE INVITED to a future meeting
of the Investment and Economic Prosperity Committee (IEPC) to discuss
opportunities for the City of London related, but not limited to, the
following matters within the purview of the IEPC:
a)
movement
of goods and services through terminal and transfer stations;
b)
potential
expansion and growth for rail travel;
c)
job
creation projects and the growth of CN and CP’s presence in the community;
d)
assurance
that existing infrastructure can continue to support VIA rail; and,
e)
potential
for the introduction of light rail public transit with the existing
infrastructure capacity
it being noted that the IEPC received a
communication dated May 24, 2013, from S. Finn, Executive Vice-President,
Corporate Services and Chief Legal Officer, CN Railway, related to the
current and future status of freight rail traffic across Canada and the
United States.
5. Prosperity
Projects: 111 Horton Street Redevelopment Opportunity
That, on the recommendation of the
Director, Corporate Investments and Partnerships, the following actions be
taken with respect to a redevelopment opportunity for the property at 111
Horton Street:
a) the
attached proposed by-law (‘Appendix A’) BE INTRODUCED at the
Municipal Council meeting of June 25, 2013 to:
i)
approve
the Non-Disclosure Agreement between The Corporation of the City of London
and Kilmer Brownfield Management Limited and London Hydro Incorporated;
ii)
authorize
the Mayor and the City to execute the Agreement in b) above;
b) the
redevelopment at 111 Horton Street BE SUPPORTED IN PRINCIPLE subject to the
Civic Administration preparing guidelines for the redevelopment;
c) the
Civic Administration BE REQUESTED undertake a “Reach Study” to evaluate
potential flood impacts and management and to identify barriers that could
hinder the above-noted project from moving forward expeditiously with options
for the Municipal Council to overcome those barriers to be provided; and,
d) the
Civic Administration BE DIRECTED to establish a source of financing for the
above-noted “Reach Study”;
it being noted that the Investment and
Economic Prosperity Committee heard the attached presentation
from Pamela Kraft, Managing Director, Kilmer Brownfield Equity Fund L.P.,
with respect to this matter.
6. The Grand
Theatre – Semi-Annual Program and Financial Updates
That the communication dated April 30,
2013, from D. Harvey, Executive Director, Grand Theatre, with respect to the
Grand Theatre’s semi-annual program and financial updates, BE RECEIVED; it
being noted that the Investment and Economic Prosperity Committee (IEPC) suggested
a written annual reporting to the IEPC of its programs and financial updates
would be adequate.
7. Strengthening
Our Economy
That the verbal delegation from the City
Manager, with respect to strengthening our economy, BE REFERRED to the
Municipal Council, meeting of June 25, 2013.
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At 11:10 PM Councillor H.L. Usher leaves
the meeting.
At 11:15 PM Councillor H.L. Usher enters
the meeting.
At 11:15 PM, Councillors D. Henderson and
P. Van Meerbergen enter the meeting.
At 11:20 PM Mayor J.F. Fontana enters the
meeting and resumes the Chair and Councillor S.E. White takes a seat at the
Council Board.
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Pursuant to section 12.3 of the Council
Procedure By-law, Councillor J.P. Bryant calls for a separate vote on part
a) of clause 5.
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At 11:20 PM Councillor S.E. White leaves
the meeting.
At 11:25 PM Councilor S.E. White enters the
meeting.
The motion to Approve part a) of clause 5
is put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
The motion to Approve clauses 1, 4, parts
b), c) and d) of clause 5, 6 and 7 is put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
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PRESENT: Mayor J.F. Fontana, Councillors B.
Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M.
Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P.
Bryant, S.E. White and C. Saunders (City Clerk).
ALSO PRESENT: A. Zuidema, J.P. Barber, G.
Belch, J. Braam, S. Mathers, D. Mounteer, L. Palarchio, L.M. Rowe, J. Smout,
and B. Warner.
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Motion made by Councillor M. Brown and
seconded by Councillor S. Orser to Approve clauses C-1 and C-4, inclusive.
That, as a procedural matter pursuant to
Section 239 (6) of the Municipal Act, 2001, the following recommendations be
forwarded to City Council for deliberation and a vote in public session:
C-1. That,
on the recommendation of the Manager of Realty Services, with respect to the
property owned by London Health Sciences Centre (LHSC), municipally known as
124 Colborne Street, described as Part of Lot 27 and all of Lots 26, 34 and
35, Registered Plan 172 (E), designated as Part 1, Plan 33R-17941, containing
an area of approximately 0.791 acres, the following actions be taken:
a) the
offer submitted by London Health Sciences Centre to sell the subject property
to the City, for the sum of $197,750.00, BE ACCEPTED subject to the following
condition:
i) the
City acknowledges that the property is being purchased on an "as
is" basis. The City acknowledges that LHSC has not made, did not make
and shall not be required to provide any representations or warranties of any
kind with respect to whether the property and processes and undertakings
performed thereon have been and are in compliance with all applicable
environmental laws, regulations and orders and whether the property is
suitable for any specific use including and without limitation to any
construction or development. The City acknowledges and agrees that LHSC
shall not be liable for any damages of loss whatsoever arising out of or
pursuant to any claims in respect to the foregoing; and
b) the
financing for this acquisition BE APPROVED as set out in the Source of
Financing Report attached hereto as Appendix “A”.
C-2.
That, on the recommendation of the Manager of Realty Services, with respect
to the London Health Sciences Centre (LHSC) property municipally known as 58
Colborne Street, described as Part of Lot 11, South Side of South Street East
(Crown Plan No. 30), Part of Lot 11, North Side of Nelson Street East (Crown
Plan No. 30), designated as Part 1, Plan 33R-17938, containing an area of
approximately 0.790 acres, the following actions be taken:
a) the
offer submitted by London Health Sciences Centre to sell the subject property
to the City, for the sum of $197,750.00, BE ACCEPTED subject to the following
condition:
i) the
City acknowledges that the property is being purchased on an "as
is" basis. The City acknowledges that LHSC has not made, did not make
and shall not be required to provide any representations or warranties of any
kind with respect to whether the property and processes and undertakings
performed thereon have been and are in compliance with all applicable
environmental laws, regulations and orders and whether the property is
suitable for any specific use including and without limitation to any
construction or development. The City acknowledges and agrees that LHSC
shall not be liable for any damages of loss whatsoever arising out of or
pursuant to any claims in respect to the foregoing; and
b) the
financing for this acquisition BE APPROVED as set out in the Source of
Financing Report attached hereto as Appendix “A
C-3.
That, on the recommendation of the Manager of Realty Services, with respect
to the London Health Sciences Centre (LHSC) property municipally known as 401
Nelson Street, further described as Part of Lots 11 and 12, South Side of
South Street East, Registered Plan 178(E), designated as Parts 1, 2, 3, 4,
and 6, Plan 33R-17936, containing an area of approximately 1.075 acres, the
following actions be taken:
a) the
offer submitted by London Health Sciences Centre to sell the subject property
to the City, for the sum of $268,750.00, BE ACCEPTED subject to the following
conditions:
i) all
buildings and structures located on the lands are to be demolished and
decommissioned by no later than December 31, 2014 and the property is being
transferred in a vacant condition;
ii) the
City also acknowledges that the property is being purchased on an "as
is" basis. The City acknowledges that LHSC has not made, did not make
and shall not be required to provide any representations or warranties of any
kind with respect to whether the property and processes and undertakings
performed thereon have been and are in compliance with all applicable
environmental laws, regulations and orders and whether the property is
suitable for any specific use including and without limitation to any
construction or development. The City acknowledges and agrees that LHSC
shall not be liable for any damages of loss whatsoever arising out of or
pursuant to any claims in respect to the foregoing; and
b) the
financing for this acquisition BE APPROVED as set out in the Source of
Financing Report attached hereto as Appendix “A
C-4.
That, on the recommendation of the Manager of Realty Services, with respect
to the property municipally known as 554 Hyde Park Road, further described as
Part North 1/2 Lot 25, Concession 1, being all of PIN 08050-0397, containing
an area of approximately 4 acres, as shown on the attached
location map, for the purpose of inclusion in an environmentally significant
area, walking trail relocation, access control and ecological management of
the lands surrounding the Sifton Bog, the following actions be taken:
a) the
offer submitted by Magda Ungar, Mary Gattyan and George Gattyan attached
as Appendix “A”, to sell the subject property to the City, for the sum of
$150,000.00, BE ACCEPTED subject to the following condition:
i) the
City having sixty (60) days from the date of acceptance of this agreement to
satisfy itself in its sole and absolute discretion as to the soil and
environmental conditions of the subject property; and
b) financing
for this acquisition BE APPROVED as set out in the source of Financing Report
attached hereto as Appendix “C”.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
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1.
City
Clerk - Municipal Council resolution from its meeting held on June 11, 2013
with respect to Clause 10 of the 11th Report of the Civic Works Committee
regarding Trowbridge Avenue Parking Passes and the Residential Parking Pass
Pilot Program.
Motion made by Councillor N. Branscombe and
seconded by Councillor D. Brown to Refer clause 10 of the 11th Report
of the Civic Works Committee back to the Civic Works Committee for further
consideration.
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Clause 10, as referred, reads as follows:
10. That,
the following actions be taken with respect to Trowbridge Avenue Parking
Passes and the Residential Parking Pass Pilot Program:
a) NO
ACTION BE TAKEN with respect to changing the parking regulations on
Trowbridge Avenue (all), Mary Avenue (all) and Pinewood Drive from Mary
Avenue to Randol Drive; and,
b) the
Civic Administration BE DIRECTED to discontinue the Residential Parking Pass
Pilot Program within the City of London, for the purpose of achieving a
consistent approach throughout the City, and to provide adequate
notice of the Program’s discontinuation to those areas currently
participating in the Residential Parking Pass Pilot Program.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
NAYS: D.G. Henderson, P. Van Meerbergen (2)
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Councillor N. Branscombe enquires as to
when a report will be coming forward with respect to how the City of London
would deal with flooding situations, similar to that which is currently
occurring in Calgary, Alberta. The Civic Administration indicates that a report
will be presented to the Civic Works Committee in September.
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BY-LAWS TO BE READ A FIRST, SECOND AND
THIRD TIME:
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Motion made by Councillor B. Polhill and
seconded by Councillor P. Van Meerbergen to Approve the introduction and
first reading of Bill No. 280
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson,
P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (13)
RECUSED: B. Armstrong, J.P. Bryant (2)
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Motion made by Councillor D. Brown and
seconded by Councillor S. Orser to Approve second reading of Bill No. 280.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White
(14)
RECUSED: J.P. Bryant (1)
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Motion made by Councillor D. Brown and
seconded by Councillor P. Van Meerbergen to Approve third reading and
enactment of Bill No. 280.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson,
P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (13)
RECUSED: B. Armstrong, J.P. Bryant (2)
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Motion made by Councillor B. Polhill and
seconded by Councillor D. Brown to Approve the introduction and first
reading of Bill No. 303.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: M. Brown (1)
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Motion made by Councillor B. Polhill and
seconded by Councillor P. Van Meerbergen to Approve second reading of Bill
No. 303.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: M. Brown (1)
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Motion made by Councillor B. Polhill and
seconded by Councillor P. Van Meerbergen to Approve third reading and
enactment of Bill No. 303.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: M. Brown (1)
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Motion made by Councillor B. Polhill and
seconded by Councillor D. Brown to Approve the introduction and first reading
of the added Bill No.s 313 and 320.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: J.L. Baechler (1)
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Motion made by Councillor B. Polhill and seconded
by Councillor P. Van Meerbergen to Approve second reading of the added Bill
No.s 313 and 320.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: J.L. Baechler (1)
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Motion made by Councillor D. Brown and
seconded by Councillor P. Van Meerbergen to Approve third reading and
enactment of the added Bill No.s 313 and 320.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: J.L. Baechler (1)
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Motion made by Councillor P. Van Meerbergen
and seconded by Councillor D. Brown to Approve introduction and first reading
of Bill No.s 276 to 279, 281 to 302, 304 to 308, and the added Bill No.s 309,
311, 312, 314, 315, 316, 318, 319 and 321 to 326.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
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Motion made by Councillor B. Polhill and
seconded by Councillor D. Brown to Approve second reading of Bill No.s 276 to
279, 281 to 302, 304 to 308, and the added Bill No.s 309, 311, 312, 314, 315,
316, 318, 319 and 321 to 326.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
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Motion made by Councillor B. Polhill and
seconded by Councillor P. Van Meerbergen to Approve third reading and
enactment of Bill No.s 276 to 279, 281 to 302, 304 to 308, and the added Bill
No.s 309, 311, 312, 314, 315, 316, 318, 319 and 321 to 326.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
The following by-laws are passed and
enacted as by-laws of The Corporation of the City of London.
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Bill No. 276
By-law No. A.-6975-209
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A by-law to confirm the proceedings of the Council Meeting held
on the 25th day of June, 2013. (City Clerk)
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Bill No. 277
By-law No. A.-6976-210
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A By-law to approve the Agreement with Ameresco Canada Inc. for
the 2013 Facility Renewal and Energy Retrofit Project Phase IV Two
Part Project and to authorize the Mayor and the City Clerk to execute the
Agreement. (2/18/CSC)
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Bill No. 278
By-law No. A.-6977-211
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A By-law to authorize an Lease Amending Agreement between The
Corporation of the City of London and London Health Sciences Centre, and to
authorize the Mayor and City Clerk to execute the Agreement. (6/18/CSC)
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Bill No. 279
By-law No. A.-6978-212
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A By-law to authorize and approve a Purchase of Service
Agreement with Addiction Services of Thames Valley under the Ontario
Works Addiction Services Initiative. (8/12/CPSC)
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Bill No. 280
By-law No. A-46-13002
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A by-law to amend By-law A-46, being a by-law to provide for
Various Fees and Charges. (14/12/CPSC)
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Bill No. 281
By-law No. A.-6979-213
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A By-law to authorize and approve an Agreement with The Optimist Club of Fanshawe, London re: Constitution Park
(4/12/CPSC)
|
|
Bill No. 282
By-law No. A.-6980-214
|
A By-law to authorize and approve a Licence Agreement with the
Crouch Neighbourhood Resource Centre for the use of the Hamilton Road
Seniors’ Centre. (3/12/CPSC)
|
|
Bill No. 283
By-law No. A.-6981-215
|
A
by-law to implement a new Council Policy related to creating a School
Crossing Guard Program. (17/12/CPSC)
|
|
Bill No. 284
By-law No. A.-6982-216
|
A
By-law to authorize a Municipal Access Agreement between The Corporation of
the City of London and Rogers Communications Partnership, and to authorize
the Mayor and the City Clerk to execute the Agreement. (12/12/CWC)
|
|
Bill No. 285
By-law No. A.-6983-217
|
A
By-law to exempt from taxation for municipal and school purposes a portion of
the multi-residential assessed value of the property at 590 Grosvenor Street,
in the City of London (9/12/CPSC)
|
|
Bill No. 286
By-law No. A.-5273(ck)-218
|
A
by-law to amend By-law No. A.-5273-82 entitled, “A by-law to appoint Municipal
Law Enforcement Officers for the City of London.” (Manager By-law
Enforcement)
|
|
Bill No. 287
By-law No. A.-6984-219
|
A
by-law to approve an agreement between The Corporation of the City of London
(the City) and the Homes Unlimited (London) Inc. (the Proponent) for the
purpose of establishing the City of London Affordable Housing Program and the
City’s obligation to provide funding to the Proponent; and to authorize the
Mayor and the City Clerk to execute the agreement. (20/12/CPSC)
|
|
Bill No. 288
By-law No. A.-6985-220
|
A
by-law to approve an agreement between The Corporation of the City of London
(the City) and the Tricar Group (the Proponent) for the purpose of
establishing the City of London Affordable Housing Program and the City’s
obligation to provide funding to the Proponent; and to authorize the Mayor
and the City Clerk to execute the agreement. (20-12/CPSC) (Refer to Bill
No.287 for Agreement template or template available in City Clerk’s Office)
|
|
Bill No. 289
By-law No. A.-6986-221
|
A
by-law to approve an agreement between The Corporation of the City of London
(the City) and Namje Cho & Jinsun Kim (the Proponent) for
the purpose of establishing the City of London Affordable Housing Program and
the City’s obligation to provide funding to the Proponent; and to authorize
the Mayor and the City Clerk to execute the agreement. (20/12/CPSC) (Refer to Bill No.
287 for Agreement template or template available in City Clerk’s Office)
|
|
Bill No. 290
By-law No. A.-6987-222
|
A
by-law to approve an agreement between The Corporation of the City of London
(the City) and 1822039 Ontario Ltd. (the Proponent) for
the purpose of establishing the City of London Affordable Housing Program and
the City’s obligation to provide funding to the Proponent; and to authorize the
Mayor and the City Clerk to execute the agreement. (20/12/CPSC) (Refer to Bill No.
287 for Agreement template or template available in City Clerk’s Office)
|
|
Bill No. 291
By-law No. A.-6988-223
|
A
by-law to approve an agreement between The Corporation of the City of London
(the City) and Woodfield Developments Inc. (the Proponent) for
the purpose of establishing the City of London Affordable Housing Program and
the City’s obligation to provide funding to the Proponent; and to authorize
the Mayor and the City Clerk to execute the agreement. (20/12/CPSC) (Refer to Bill No.
287 for Agreement template or template available in City Clerk’s Office)
|
|
Bill No. 292
By-law No. A.-6989-224
|
A
by-law to approve an agreement between The Corporation of the City of London
(the City) and 1718794 Ontario Limited (the Proponent) for the purpose of
establishing the City of London Affordable Housing Program and the City’s
obligation to provide funding to the Proponent; and to authorize the Mayor
and the City Clerk to execute the agreement. (20/12/CPSC) (Refer to Bill No.
287 for Agreement template or template available in City Clerk’s Office)
|
|
Bill No. 293
By-law No. A.-6990-225
|
A
By-law to approve the
Grant Agreement with WIL Counseling and Training for Employment, for Employment
Program Support; and to authorize the Mayor and the City Clerk to
execute the Agreement; and to approve the amount of the grant. (4/6/IEPC)
|
|
Bill No. 294
By-law No. C.P.-1284(tc)-226
|
A
by-law to amend the Official Plan for the City of London, 1989 relating to
properties at 1351 and 1369 Hyde Park Road. (13/14/PEC)
|
|
Bill No. 295
By-law CP-19-13002
|
A
by-law to amend By-law No. CP-19, as amended, entitled “A By-law to provide
for the licensing and regulation of Residential Rental Units in the City of London”,
to remove references to fees and to make technical amendments resulting from
administration title changes as a result of a new organizational structure.
(14/12/CPSC)
|
|
Bill No. 296
By-law No. PS-111-13122
|
A
by-law to amend By-law PS-111 entitled, “A by-law to regulate traffic and the
parking of motor vehicles in the City of London.” (9/12/CWC)
|
|
Bill No. 297
By-law No. S.-5573-227
|
A by-law to lay out, constitute, establish and assume certain
reserves in the City of London as public highway. (as widening
to Southdale Road West, west of Tillmann Road).
(Chief Surveyor)
|
|
Bill No. 298
By-law No. S.-5574-228
|
A by-law to lay out, constitute, establish and assume lands in
the City of London as public highway. (as part of Wonderland Road South,
south of The King’s Highway No. 401 and as part of Wonderland Road South,
north of The King’s Highway No. 401) (Chief Surveyor)
|
|
Bill No. 299
By-law No. S.-5575-229
|
A by-law to lay out, constitute, establish and assume lands in
the City of London as public highway. (as widening to King Street, east of
Rectory Street) (Chief Surveyor)
|
|
Bill No. 300
By-law No. S.-5576-230
|
A by-law to lay out, constitute, establish and assume lands in
the City of London as public highway. (as part of Highbury Avenue South,
south of The King’s Highway No. 401) (Chief Surveyor)
|
|
Bill No. 301
By-law No. S.-5577-231
|
A by-law to lay out, constitute, establish and assume lands in
the City of London as public highway. (as widening to Proudfoot Lane, south
of Beaverbrook Avenue) (Chief Surveyor)
|
|
Bill No. 302
By-law No. Z.-1-132198
|
A
by-law to amend By-law No. Z.-1 to remove the holding provisions from the
zoning on lands located at 3 and 5 Front Street. (2/14/PEC)
|
|
Bill No. 303
By-law No. Z.-1-132199
|
A
by-law to amend By-law No. Z.-1 to remove holding provisions from the zoning
for the lands located at 2095 Coronation Drive. (3/14/PEC)
|
|
Bill No. 304
By-law No. Z.-1-132200
|
A by-law
to amend By-law No. Z.-1 to remove holding provision from the zoning for the
land located at 433 Hyde Park Road. (4/14/PEC)
|
|
Bill No. 305
By-law No. Z.-1-132201
|
A
by-law to amend By-law No. Z.-1 to remove the h-118
holding provision from the zoning for an area of land located at 600, 650 and
670 Industrial Road. (10/14/PEC)
|
|
Bill No. 306
By-law No. Z.-1-132202
|
A
by-law to amend By-law No. Z.-1 to rezone an area of land located at 1351 and 1357
Hyde Park Road. (13/14/PEC)
|
|
Bill No. 307
By-law No. Z.-1-132203
|
A by-law to amend
By-law No. Z.-1 to rezone an area of land located at 600, 650 and
670 Industrial Road. (14/14/PEC)
|
|
Bill No. 308
By-law No. Z.-1-132204
|
A
by-law to amend By-law No. Z.-1 to rezone an area of land located at 3592 – 3614 Isaac
Court/ 6951-6973 and 6946-6982 Clayton Walk. (16/14/PEC)
|
|
Bill No. 309
By-law No. C.P.1284(td)-232
|
A by-law to amend
the Official Plan for the City of London Planning Area, 1989 relating to 1311,
1363 and 1451 Wharncliffe Road South. (11/15PEC)
|
|
Bill No. 311
By-law No. C.P.-1284(te)-233
|
A by-law to amend the Official Plan for the
City of London, 1989 relating to 56 - 82 Wellington St, 291 - 299
South Street.
(2/16/PEC)
|
|
Bill No. 312
By-law No. C.P.-1284(tf)-234
|
A by-law to amend the Official Plan for the
City of London, 1989 relating to 303 - 323 South Street and 69 - 77
Waterloo Street.
(2/16/PEC)
|
|
Bill No. 313
By-law No. C.P.-1284(th)-235
|
A by-law to amend the
Official Plan for the City of London,1989 relating to 3313 -3405 Wonderland
Road South and 1789 Wharncliffe Road South in the City of London. (3/16/PEC)
|
|
Bill No. 314
By-law No. Z.-1-132205
|
A by-law
to amend By-law No. Z.-1 to rezone lands located at 1956 Shore Road.
(6/15/PEC)
|
|
Bill No. 315
By-law No. Z.-1-132206
|
A by-law
to amend By-law No. Z.-1 to rezone an area of land located at 590 Gainsborough
Road.
(7/15/PEC)
|
|
Bill No. 316
By-law No. Z.-1-132207
|
A by-law
to amend By-law No. Z.-1 to rezone an area of land located at 1069 Clarke
Road. (8/15/PEC)
|
|
Bill No. 318
By-law No. Z.-1-132208
|
A by-law
to amend By-law No. Z.-1 to rezone an area of land located at 56 - 82
Wellington St, 291 - 299 South Street. (2/16/PEC)
|
|
Bill No. 319
By-law No. Z.-1-132209
|
A by-law
to amend By-law No. Z.-1 to rezone an area of land located at 303 -
323 South Street and 69 - 77 Waterloo Street. (2/16/PEC)
|
|
Bill No. 320
By-law No Z.-1-132210
|
A by-law
to amend By-law No. Z.-1 to rezone an area of land located at 3313 – 3405
Wonderland Road South and 1789 Wharncliffe Road South in the City of London.
(3/16/PEC)
|
|
Bill No. 321
By-law No. A.-6991-236
|
A By-law to authorize an Agreement of Purchase and Sale between
The Corporation of the City of London and Magda Ungar, Mary Gattyan and
George Gattyan for the acquisition of 554 Hyde Park Road and to authorize the
Mayor and City Clerk to execute the Agreement.
|
|
Bill No. 322
By-law No. A.-6992-237
|
A By-law to authorize an Agreement of Purchase and Sale between
The Corporation of the City of London and London Health Sciences Centre for
the acquisition of 124 Colborne Street and to authorize the Mayor and City
Clerk to execute the Agreement.
|
|
Bill No. 323
By-law No. A.-6993-238
|
A By-law to authorize an Agreement of Purchase and Sale between
The Corporation of the City of London and London Health Sciences Centre for
the acquisition of 58 Colborne Street and to authorize the Mayor and the City
Clerk to execute the Agreement.
|
|
Bill No. 324
By-law No. A.-6994-239
|
A By-law to authorize an Agreement of Purchase and Sale between
The Corporation of the City of London and London Health Sciences Centre for
the acquisition of 401 Nelson Street and to authorize the Mayor and City
Clerk to execute the Agreement.
|
|
Bill No. 325
By-law No. A.-6995-240
|
A By-law to authorize and approve a Non-Disclosure and
Confidentiality Agreement with London Hydro Inc. and Kilmer Brownfield
Management Limited.
|
|
Bill No. 326
By-law No. Z.-1-13-2211
|
A by-law
to amend By-law No. Z.-1 to rezone an area of land located 1311,
1363 and 1451 Wharncliffe Road South (11/15/PEC)
|
Motion made by Councillor S. Orser and
seconded by Councillor H.L. Usher to Adjourn.
Motion Passed
The meeting adjourned at 11:50 PM.
_________________________________
Joe
Fontana, Mayor
_________________________________
Catharine
Saunders, City Clerk