I.

DISCLOSURES OF PECUNIARY INTEREST

1.

That Councillor Polhill disclosed a pecuniary interest in clause 19 of this Report as it relates to the Notice of Application by the City of London for the properties located at 585-613-687 and 604-650 Sovereign Road, by indicating that his business is in the circulation area for this Notice.

II.

CONSENT ITEMS

2.

Property located at 580 Fanshawe Park Road East (H-8016)

Recommendation:  That, on the recommendation of the Senior Planner of Development Services, based on the application by 1830150 Ontario Limited, relating to the property located at 580 Fanshawe Park Road East, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on May 22, 2012 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 Community Shopping Area Special Provision (h-5*h-11*h*103*CSA3(5)) Zone TO a Community Shopping Area Special Provision (CSA3(5)) Zone to remove the holding provisions. (2012-D11-06)

3.

Property located at 890 Southdale Road West (39T-07503)

Recommendation:  That, on the recommendation of the Senior Planner, Development Services, in response to the request for extension of Draft Approval from Highland Ridge Land Corporation, relating to Draft Plan 39T-07503, the following actions be taken:

a)         the Ontario Municipal Board BE ADVISED that the Municipal Council supports a one (1) year extension of draft approval for plan 39T-07503  submitted by Highland Ridge Land Corporation, prepared by R.H. Kruys (Drawing No. 05.157, dated May 28, 2007), as red line revised, which showed 28 single detached lots, 7 future residential development blocks, 3 park blocks, and 2 open space blocks, served by 1 new secondary collector road and 2 street extensions; and,

b)         the Ontario Municipal Board BE ADVISED that the Municipal Council supports revisions to the revised Conditions of Draft Approval, to clarify  terminology and servicing standards for this draft plan of subdivision, as identified in the attached, revised, Appendix “39T-07503-1”;

it being noted that the Planning and Environment Committee heard a verbal presentation and reviewed and received the attached communication, dated May 4, 2012, from Craig Linton, Highland Ridge Land Corp., with respect to this matter.  (2012-D26-03)

4.

Building Division Monthly Report for March 2012

Recommendation:  That the Building Division Monthly Report for March 2012 BE RECEIVED.  (2012-D05-00)

5.

McCormick Area Study - Economic Analysis (OZ-7601)

Recommendation:  That, on the recommendation of the Director of Land Use Planning and City Planner, the Economic Analysis for the McCormick Area Study BE RECEIVED and BE FORWARDED to be considered as part of the McCormick Area Study, which is to be brought forward for consideration in June, 2012. (2012-D07-00)

6.

County of Middlesex Approval of Municipality of Middlesex Centre OPA 28

Recommendation:  That, on the recommendation of the Director of Land Use Planning and City Planner, the report dated May 7, 2012, relating to the County of Middlesex approval of the Comprehensive Official Plan Review (OPA 28), BE RECEIVED.   (2012-D11-09)

7.

UFORE Project Summary and Development of Urban Forest Strategy

Recommendation:  That, on the recommendation of the Director Land Use Planning and City Planner, the report dated May 7, 2012, relating to the UFORE analysis and development of the Urban Forest Strategy, BE RECEIVED.  (2012-E05-00)

III.

SCHEDULED ITEMS

8.

5th Report of the London Advisory Committee on Heritage

Recommendation:  That, the following actions be taken with respect to the 5th Report of the London Advisory Committee on Heritage from its meeting held on April 11, 2012:

a)            the Heritage Planner BE DIRECTED to continue to make amendments to the Delegation of Authority By-law;

b)            the Manager of By-law Enforcement BE ASKED to attend the next meeting of the London Advisory Committee on Heritage (LACH) to provide information on property standards related to vacant heritage buildings;

c)            notice of the Municipal Council's intention to designate Meadowlily Bridge to be of cultural heritage value or interest BE GIVEN, for the attached, revised, reasons, under the provisions of subsection 29(3) of the Ontario Heritage Act, R.S.O. 1990, c. O.18;

d)            notice of the Municipal Council's intention to designate the property located at 678 Talbot Street to be of cultural heritage value or interest BE GIVEN, for the attached reasons, under the provisions of subsection 29(3) of the Ontario Heritage Act, R.S.O. 1990, c. O.18; it being noted that the owners of the subject property (M. Karttunen and C. Oliver) have concurred with this recommendation, with the understanding that the land to be included in the designation will be as shown on the assessment roll; and,

e)         that clauses 1 c), d) and e), 2 c), d), e), f), g) and clauses 3 through 11, inclusive, of the 5th Report of the London Advisory Committee on Heritage, BE RECEIVED AND NOTED;

it being noted that the Planning and Environment Committee heard a delegation from George Goodlet, Chair, London Advisory Committee on Heritage, with respect to this matter.

IV.

ITEMS FOR DIRECTION

9.

Properties located on the north side of Horton Street East generally between Wellington Street and Colborne Street comprising 290, 296, 316, 318, 320, 326, 328, 330 and 358 Horton Street East, 300 Wellington Street (southeastern portion) and 240 (southern portion), 251, 263 and 265 Waterloo Street (O-8029)

Recommendation:  That, on the recommendation of the Director, Land Use Planning and City Planner, based on the application of The City of London, relating to the properties located on the north side of Horton Street, generally between Wellington Street and Colborne Street comprising:  290, 296, 316, 318, 320, 326, 328, 330, and 358 Horton Street East; the southeastern portion of 300 Wellington Street; and, 240 (southern portion), 251, 263, 265 Waterloo Street, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on May 22, 2012, to amend the Official Plan to  change the designation of the subject lands FROM an Auto-Oriented Commercial Corridor designation, TO a Main Street Commercial Corridor designation, to permit small-scale retail uses; service and repair establishments, food stores; convenience commercial uses; personal and business services; pharmacies; restaurants; financial institutions; small-scale offices; small-scale entertainment uses; galleries; studios; community facilities such as libraries and day care centres, correctional and supervised residences; residential uses (including secondary uses) and units created through the conversion of existing buildings, or through the development of mixed-use buildings;

it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:

·                     Roger Caranci, on behalf of P. J. Ambrogio and S. Petrak – see attached communication, dated May 2, 2012.

·                     Michelle Doornbosch, on behalf of Canadian Tire Limited – expressing support for the application; expressing appreciation to the Civic Administration for their work on this application; and advising that Canadian Tire has long-term plans for this parcel.    (2012-D11-09)

10.

Property located at 600 First Street

Recommendation:  That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to the site plan approval application of 1525053 Ontario Limited, relating to the property located at 600 First Street:

a)         the Approval Authority BE ADVISED that there were no issues raised at the public participation meeting of the Planning and Environment Committee with respect to the application for Site Plan approval to permit one single-detached dwelling;

b)         the Approval Authority BE ADVISED that the Municipal Council supports the approval of the attached site plan and elevations; and,

c)         the financing for the project BE APPROVED in accordance with the “Claims and Revenues Report”, provided as Schedule “A” to the associated staff report, dated May 7, 2012.    (2012-D25-00)

11.

Property located at 602 First Street

Recommendation:  That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to the site plan approval application of 1525053 Ontario Limited relating to the property located at 602 First Street:

a)         the Approval Authority BE ADVISED that there were no issues raised at the public participation meeting of the Planning and Environment Committee with respect to the application for Site Plan approval to permit one single-detached dwelling;

b)         the Approval Authority BE ADVISED that the Municipal Council supports the approval of the attached site plan and elevations; and,

c)         the financing for the project BE APPROVED in accordance with the “Claims and Revenues Report”  provided as Schedule “A” to the associated staff report, dated May 7, 2012.    (2012-D25-00)

12.

Property located at 751 Fanshawe Park Road West (39T-11505/Z-7994)

Recommendation:  That, the following actions be taken with respect to the application of Vista Woods Estates Ltd., relating to the property located at 751 Fanshawe Park Road West:

a)        the Approval Authority BE ADVISED that at the public participation meeting of the Planning and Environment Committee with respect to the application for draft plan of subdivision, relating to the property located at 751 Fanshawe Park Road West, issues were raised with respect to the requirement of the City of London for the developer to transfer Lot 5 to the City for future access for the adjacent lands at 775 Fanshawe Park Rd W and the proposed sidewalk connection at the south limit of Street “A”;

b)        the Approval Authority BE ADVISED that the Municipal Council supports issuing draft approval of the proposed plan of residential subdivision, as submitted by Vista Woods Estates Ltd. (File No. 39T-11505 prepared by Whitney Engineering Inc., certified by Jeremy Matthews, OLS, as redline revised which shows 10 single detached dwellings served by one (1) new street and Eagletrace Drive, SUBJECT TO the conditions contained in the attached, revised, Appendix "39T-11505", with the exception of conditions 51 and 52; and,

c)            the attached proposed by-law BE INTRODUCED at the Municipal Council meeting on May 22, 1012 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 Compound Residential R5/R6 (h-54 R5-4/R6-5) Zone TO a Holding Residential R1 (h. R1-4) Zone to permit single detached dwellings on lots with a minimum frontage of 12.0 metres (39.37 feet) and a minimum lot area of 360 square metres (3,875 square feet);

it being pointed out that at the public participation meeting associated with this matter, the following individual made an oral submission in connection therewith:

·                    Kyle McIntosh, Whitney Engineering Inc. - expressing concerns with condition 51 of the proposed draft plan approval; requesting the deletion of condition 51; advising that it is unreasonable to expect the developer to eliminate one lot (which represents 10% of the lots in this subdivision) to accommodate access for lands to the west; advising that if a lot is to be utilized for access, then a specified time frame (such as 2 years) should be provided to ensure that this lot is not held out in perpetuity; and, requesting that if the condition is to remain, a minor wording change be considered to indicate that the lot will be “sold at fair market value for residential lots”.

·                     Kyle McIntosh, Whitney Engineering Inc. - expressing concerns with condition 52 of the proposed draft plan approval; requesting the deletion of condition 52; advising that condition 52 requires the installation of a sidewalk to service the adjacent commercial development to the south; noting that the commercial development to the south is proposed to contain a music store, a paint store and insurance offices which are  not uses which would generate a significant amount of pedestrian traffic; advising that the installation of a sidewalk would necessitate a break in the noise wall between the commercial building and the residential subdivision; and, advising that people would park in the cul-de-sac and walk to the commercial development.  (2012-D11-07/D26-06)

13.

Properties located at 1431-1439 Oxford Street West (Z-8015)

Recommendation:  That, on the recommendation of the Director, Land Use Planning and City Planner, the following actions be taken with respect to the application of London Hunt and Country Club, Limited, relating to the property located at 1431-1439 Oxford Street West:

a)         consistent with Policy 19.1.1. of the Official Plan, the subject lands, representing a portion of 1431 and 1439 Oxford Street West, BE INTERPRETED to be located within the Low Density Residential designation; and,

b)         the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on May 22, 2012 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM an Open Space (OS1) Zone which permits conservation works, cultivation of land for agricultural/horticultural purposes, golf courses, private parks, public parks, recreational golf courses, recreational buildings associated with conservation lands and public parks, campground and managed forest, TO a Residential R1 (R1-9) Zone and a Private Road Residential R1 Special Provision (PR*R1-2(2)) Zone to permit single detached dwellings;

it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter.   (2012-D11-05)

14.

Properties located at 3200 and 3260 Singleton Avenue (Z-8035)

Recommendation:  That, on the recommendation of the Senior Planner, Development Services, based on the application of Deerfield Homes Ltd., relating to the properties located at 3200 and 3260 Singleton Avenue, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on May 22, 2012, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to amend the following:

a)         Section 10.2 (Residential R6 Zone – Permitted Uses) by adding “Fourplex Dwelling” as a permitted use in the R6-5 Zone Variation, applicable City wide; and,

b)         Section 10.4 (Residential R6 Zone - Special Provisions) by replacing the R6-5(30) special provision, which is applicable to 3200 and 3260 Singleton Avenue only, with a new special provision that includes a minimum 60 metre setback from an arterial road for buildings over 9 metres in height; a 20 metre setback for dwellings from high pressure pipelines; and, a maximum permitted density of 55 units per hectare;

it being pointed out that at the public participation meeting associated with this matter, the following individual made an oral submission in connection therewith:

·                     Laverne Kirkness, Kirkness Consulting Inc., on behalf of the applicant – expressing support for the application; advising that the applicants are new to London; it being noted that the applicants are based in Kitchener; expressing appreciation to the Civic Administration for moving the application forward quickly; and advising that a similar subdivision plan sold out quickly in Kitchener.   (2012-D11-02)

15.

Property located at 890 Southdale Road West

Recommendation:  That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the Environmental Impact Study (EIS) for the Highland Ridge Sanitary Trunk Sewer (Dillon Consulting, July 2011) for the City of London:

a)         the Environmental Impact Study BE ENDORSED as a basis to proceed with construction of the Highland Ridge Sanitary Trunk Sewer Project, and the mitigation measures identified in Table 6 of the EIS Report be included in the contract for this Project;

b)         the recommendations for monitoring identified in Table 7 of the EIS Report BE IMPLEMENTED, with oversight provided by a team comprised of representatives from the City of London, the Upper Thames River Conservation Authority, the Ministry of Natural Resources, the Ministry of Environment and Dillon Consulting; and,

c)         the Ecologist Planner BE DIRECTED to report back on the monitoring program within one year of substantial completion of this Project, or no later than September 30, 2013;

it being pointed out that at the public participation meeting associated with this matter, the following individual made an oral submission in connection therewith:

·                    Michael Vyse, 967 Gabor Court – requesting a copy of the Senior Planner, Development Services, presentation.  (2012-W10-01)

16.

Properties located at 909 Southdale Road West and 3045 Pomeroy Lane

Recommendation:  That, on the recommendation of the Landscape Planner, the following actions be taken with respect to the site plan approval application by Old Oak Properties Inc., relating to the property located at 909 Southdale Road West and 3045 Pomeroy Lane:

a)         the Approval Authority BE ADVISED that there were no issues raised at the public participation meeting of the Planning and Environment Committee with respect to the site plan approval application for two 16-storey apartment buildings;

b)         the Approval Authority BE ADVISED that the Municipal Council supports the approval of the attached Site Plan for two 16-storey apartment buildings; and,

a)            the financing for the project BE APPROVED in accordance with the “Claims and Revenues Report” provided as Schedule “A” to the associated staff report, dated May 7, 2012;

it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith: 

·                     Chris Gear, Century 21, 421 York Street – requesting confirmation that the proposed lot will be located to the west of Pomeroy Lane; and enquiring as to what is to be built between Pomeroy Lane and Tillman Avenue.

·                     Ryan Webster, 93 Langarth Street East – enquiring as to what is to be built on the second block; and advising that he is contemplating purchasing a property in the area.

·                     Michelle Doornbosch, Zelinka Priamo Limited, on behalf of the applicant – expressing support for the recommendation; indicating that there are two separate parcels; and advising that the larger lot is zoned high density residential.   (2012-D25-00)

17.

Old Victoria Proposed Development - Storm Water Management Issues

Recommendation:  That, the following actions be taken with respect to the Old Victoria proposed development, as it relates to SWM Pond #1:

a)            the action of the Municipal Council at its meeting held on February 21 and 22, 2012, in having adopted clause 2 of the 5th Report of the Planning and Environment Committee, BE RECONSIDERED;

b)            the communication, dated April 23, 2012, from Don De Jong, Thames Village Joint Venture, BE REFERRED to the Civic Administration for consideration; and,

c)            the Civic Administration BE REQUESTED to report back to the Planning and Environment Committee, within 90 days, as to the status of the review;

it being noted that the Planning and Environment Committee heard verbal presentations from Paul Hinde and Don De Jong and reviewed and received a communication, dated April 23, 2012, with respect to this matter.    (2012-W10-00)

18.

3rd Report of the Trees and Forests Advisory Committee

Recommendation:  That, on the recommendation of the Trees and Forests Advisory Committee (TFAC), the following actions be taken with respect to the Emerald Ash Borer Strategy and the Advisory Committee Review:

a)         the Civic Administration BE REQUESTED to examine the City’s tree inventory of Blue Ash to ensure that the health of each specimen of Blue Ash is inspected to warrant its removal; it being noted that the Trees and Forests Advisory Committee (TFAC) heard a verbal update from S. Rowland, Urban Forestry Planner, with respect to the Emerald Ash Borer Strategy;

b)         the City Clerk BE REQUESTED to allow advisory committee representatives of London-based organizations to be members of advisory committees, irrespective of their home address, as this has been the current practice; it being noted that the TFAC held a general discussion with respect to residency requirements of advisory committee members; and,

c)         that clauses 3 through 7, inclusive, of the 3rd Report of the Trees and Forests Advisory Committee, from its meeting held on April 12, 2012, BE RECEIVED AND NOTED;

it being noted that the Planning and Environment Committee heard a delegation from D. Sheppard, Vice-Chair, Trees and Forests Advisory Committee, with respect to this matter.

19.

5th Report of the Environmental and Ecological Planning Advisory Committee

Recommendation:  That, the following comments of the Environmental and Ecological Planning Advisory Committee (EEPAC), with respect to the Notice, dated April 2, 2012, from C. Smith, Planner II, relating to an application submitted by the City of London for the properties located at 585-613-687 and 604-650 Sovereign Road, to amend the Official Plan and Zoning By-law to allow for the expansion of an existing industrial use and to provide for the relocation of a natural heritage feature in the area, BE REFERRED to the Civic Administration for consideration as part of the application review:

a)         EEPAC strongly opposes  the removal of a significant woodland, noting that this woodland satisfies three (3) of five (5) criteria for Identification of Significant Woodlands; those criteria are outlined in Section 15.4.5 of the Official Plan, as:

“(ii)       The Woodland contains natural features and ecological functions that are important to the environmental quality and integrity of the Natural  Heritage System;

(iii)       The Woodland is important for the balanced distribution of open space amenities and passive recreational activities across the urban area; and,

(v)       The Woodland contains distinctive, unusual or high quality natural communities or landforms”;

b)         the City of London cannot afford to lose any woodland, since it currently has less than 8% woodland cover;

c)         the Civic Administration’s proposed compensation plan is inadequate and lacks sufficient detail and that any proposed compensation plan should address the following:

·      replacement of lost leaf area within five (5) years;

·      replacement of lost basal area within five (5) years; and,

·      the reclaim and reuse of woodland soils (due to the important seed bank, organic and mineral properties) in any new compensation area;

d)         the compensation lands should be located in the same immediate area, on the same landform unit (sand plain); and,

e)         any additional compensation measures should include the City of London purchasing another woodland with similar features and functions, which would otherwise be at risk of development, such as a woodland with current non-open space zoning; and,

it being noted that the EEPAC heard verbal presentations from B. Warner, Manager, Realty Services and A. Macpherson, Manager, Parks Planning and Design, with respect to this matter; and,

f)             that clauses 2 through 10, inclusive of the 5th Report of the Environmental and Ecological Planning Advisory Committee, from its meeting held on April 19, 2012, BE RECEIVED AND NOTED;

it being noted that the Planning and Environment Committee heard a delegation from D. Sheppard, Chair, Environmental and Ecological Planning Advisory Committee, with respect to this matter.

V.

DEFERRED MATTERS/ADDITIONAL BUSINESS

VI.

CONFIDENTIAL

(See Confidential Appendix to the 13th Report of the Planning and Environment Committee enclosed for Members only.)

The Planning and Environment Committee convened in camera from 6:45 p.m. to 6:59 p.m., after having passed a motion to do so, with respect to the following matter:

C-1

A matter being considered pertaining to a) litigation or potential litigation with respect to the appeal of Hesham Aabdelsayed to the Ontario Municipal Board, including matters before administrative tribunals, affecting the municipality or local board relating to a refusal to approve a zoning by-law amendment to permit a pharmacy at 1472 Huron Street; b) advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection the appeal of Hesham Aabdelsayed to the Ontario Municipal Board, including matters before administrative tribunals, affecting the municipality or local board relating to a refusal to approve a zoning by-law amendment to permit a pharmacy at 1472 Huron Street; and c) giving instructions and directions to the solicitors of the municipality in connection with the appeal of Hesham Aabdelsayed to the Ontario Municipal Board, including matters before administrative tribunals, affecting the municipality or local board relating to a refusal to approve a zoning by-law amendment to permit a pharmacy at 1472 Huron Street.

VII.

ADJOURNMENT

The meeting adjourned at 7:00 p.m.