Planning and Environment Committee

Report

The 3rd Meeting of the Planning and Environment Committee
-
2021 Virtual Meeting - during the COVID-19 Emergency
City Hall is temporarily closed to the public for in-person attendance at Standing Committees and Council meetings.
Meetings can be viewed via live-streaming on YouTube and the City website.
PRESENT:
  • Councillors P. Squire (Chair),
  • S. Lewis,
  • S. Lehman,
  • A. Hopkins,
  • S. Hillier,
  • and Mayor E. Holder
ALSO PRESENT:
  • H. Lysynski, C. Saunders and J.W. Taylor

    Councillors A. Kayabaga, E. Peloza and M. van Holst; A. Anderson, G. Barrett, M. Corby, S. Corman, A. Dunbar, K. Edwards, C. Green, P. Kokkoros, G. Kotsifas, D. MacRae, L. Marshall, S. Meksula, L. Mottram, B. O'Hagan, B. Page, J. Parsons, J. Raycroft, K. Scherr, M. Schulthess, E. Skalski, J.-A. Spence, B. Somers, A. Thompson, M. Tomazincic, B. Westlake-Power and P. Yeoman

    The meeting is called to order at 4:01 PM, with Councillor P. Squire in the Chair, Councillor S. Lewis present and all other Members participating by remote attendance.


That Councillor S. Lehman disclosed a pecuniary interest in clause 2.8 of this Report, having to do with the London Recovery Network - Ideas for Action by Municipal Council, as it relates to increase grant funding/building code for façade upgrades, by indicating that he is a tenant in the downtown area under construction.

  • Moved by:S. Lewis
    Seconded by:A. Hopkins

    That Items 2.2 to 2.7, inclusive, and Item 2.9 BE APPROVED.


    Yeas: (6)S. Lewis, S. Hillier, S. Lehman, E. Holder, P. Squire, and A. Hopkins


    Motion Passed (6 to 0)
  • Moved by:S. Lewis
    Seconded by:A. Hopkins

    That, on the recommendation of the Director, Development Services, the following actions be taken with respect to entering into a Subdivision Agreement between The Corporation of the City of London and Sifton Properties Limited for the subdivision of land over Part of Lots 34, Concession 2, (former Township of Westminster) situated on the north side of Exeter Road, east of Wonderland Road South, municipally known as 146 and 184 Exeter Road:

    a)  the Special Provisions, to be contained in a Subdivision Agreement between The Corporation of the City of London and Sifton Properties Limited for the Middleton Subdivision - Phase 3 (39T-15501) appended to the staff report dated February 8, 2021 as Appendix “A”, BE APPROVED;

    b)  the Applicant BE ADVISED that Development Finance has summarized the claims and revenues appended to the staff report dated February 8, 2021 as Appendix “B”; 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.   (2021-D12)




    Motion Passed
  • Moved by:S. Lewis
    Seconded by:A. Hopkins

    That, on the recommendation of the Director, Development Services, based on the application by 11031250 Ontario Inc., relating to lands located at 335 Kennington Way,  3959 and 3964 Mia Avenue, legally described as Part of Block 1, Plan 33M-765, Designated as Part 2 and 3 Plan 33R-20777 and Block 2, 33M-765, the proposed by-law appended to the staff report dated February 8, 2021 BE INTRODUCED at the Municipal Council meeting to be held on February 23, 2021 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 R4 Special Provision/R5 Special Provision/R6 Special Provision (h*h-100*h-198* R4-6(10)/R5-4(23)/R6-5(51) Zone TO a Residential R4 Special Provision/R5 Special Provision/R6 Special Provision R4-6(10)/R5-4(23)/R6-5(51) Zone to remove the h, h-100 and h-198 holding provisions.  (2021-D09)




    Motion Passed
  • Moved by:S. Lewis
    Seconded by:A. Hopkins

    That, on the recommendation of the Director, Development Services, the following actions be taken with respect to the application by Rockwood Homes to exempt Block 53, Plan 33M-699 from Part-Lot Control:

     

    a)  pursuant to subsection 50(7) of the Planning Act, R.S.O. 1990, c. P.13, the proposed by-law appended to the staff report dated February 8, 2021 BE INTRODUCED at a future Council meeting, to exempt Block 53, Plan 33M-699 from the Part-Lot Control provisions of subsection 50(5) of the said Act; it being noted that these lands are subject to registered subdivision agreements and are zoned Residential R4 Special Provision (R4-5(2)) in Zoning By-law No. Z.-1, which permits street townhouse dwellings; and,

     

    b)  the following conditions of approval BE REQUIRED to be completed prior to the passage of a Part-Lot Control By-law for Block 53, Plan 33M-699 as noted in clause a) above:

    i)  the applicant be advised that the costs of registration of the said by-laws are to be borne by the applicant in accordance with City Policy;

    ii)  the applicant submit a draft reference plan to the Development Services for review and approval to ensure the proposed part lots and development plans comply with the regulations of the Zoning By-law, prior to the reference plan being deposited in the land registry office;

    iii)  the applicant submits to the Development Services a digital copy together with a hard copy of each reference plan to be deposited. The digital file shall be assembled in accordance with the City of London's Digital Submission / Drafting Standards and be referenced to the City’s NAD83 UTM Control Reference;

    iv)  the applicant submit each draft reference plan to London Hydro showing driveway locations and obtain approval for hydro servicing locations and above ground hydro equipment locations prior to the reference plan being deposited in the land registry office;

    v)  the applicant submit to the City Engineer for review and approval prior to the reference plan being deposited in the land registry office; any revised lot grading and servicing plans in accordance with the final lot layout to divide the blocks should there be further division of property contemplated as a result of the approval of the reference plan;

    vi)  the applicant shall enter into any amending subdivision agreement with the City, if necessary;

    vii) the applicant shall agree to construct all services, including private drain connections and water services, in accordance with the approved final design of the lots;

    viii)  the applicant shall obtain confirmation from the Development Services that the assignment of municipal numbering has been completed in accordance with the reference plan(s) to be deposited, should there be further division of property contemplated as a result of the approval of the reference plan prior to the reference plan being deposited in the land registry office;

    ix)  the applicant shall obtain approval from the Development Services of each reference plan to be registered prior to the reference plan being registered in the land registry office;

    x)  the applicant shall submit to the City, confirmation that an approved reference plan for final lot development has been deposited in the Land Registry Office;

    xi)  the applicant shall obtain clearance from the City Engineer that requirements iv), v) and vi) inclusive, outlined above, are satisfactorily completed, prior to any issuance of building permits by the Building Controls Division for lots being developed in any future reference plan;

    xii)  the applicant shall provide a draft transfer of the easements to be registered on title for the reciprocal use of parts 2, 4, 6, 8, 10, 12, 14 and 16 by parts 1, 3, 5, 7, 9, 11, 13 and 15; and,

    xiii)  that on notice from the applicant that a reference plan has been registered on a Block, and that Part-Lot Control be re-established by the repeal of the by-law affecting the Lots/Block in question.   (2021-D25)




    Motion Passed
  • Moved by:S. Lewis
    Seconded by:A. Hopkins

    That, on the recommendation of the Director, Development Services, based on the application by Goldfield Ltd., relating to the property located at 3542 Emilycarr Lane, the proposed by-law appended to the staff report dated February 8, 2021 BE INTRODUCED at the Municipal Council meeting to be held on February 23, 2021 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 R5 (h*h-100*h-104*h-155*R5-7) Zone TO a Residential R5 (R5-7) Zone to remove the “h, h-100, h-104 and h-155” holding provisions.   (2021-D08)




    Motion Passed
  • Moved by:S. Lewis
    Seconded by:A. Hopkins

    That, on the recommendation of the Director, Development Services, with respect to the application by Goldfield Ltd., the proposed by-law appended to the staff report dated February 8, 2021 BE INTRODUCED at the Municipal Council meeting to be held on February 23, 2021 to exempt Block 2, 3, 4, 5 and 7, Plan 33M-786 from the Part-Lot Control provisions of Subsection 50(5) of the Planning Act, for a period not exceeding three (3) years.  (2021-D25)




    Motion Passed
  • Moved by:S. Lewis
    Seconded by:A. Hopkins

    That, on the recommendation of the Director, Planning and City Planner, the staff report dated February 8, 2021 entitled "2020 Annual Development Report" BE RECEIVED for information.   (2021-A23)




    Motion Passed
  • Moved by:S. Lewis
    Seconded by:A. Hopkins

    That the Building Division Monthly Report for November and December 2020 BE RECEIVED for information.  (2021-A23)




    Motion Passed
  • Moved by:A. Hopkins
    Seconded by:E. Holder

    That, on the recommendation of the Managing Director, Environmental & Engineering Services and City Engineer, the staff report dated February 8, 2021 entitled "2021 European Gypsy Moth (EGM) Proposed Management Plan" BE RECEIVED for information.  (2021-D05)


    Yeas: (6)S. Lewis, S. Hillier, S. Lehman, E. Holder, P. Squire, and A. Hopkins


    Motion Passed (6 to 0)
  • Moved by:S. Lewis
    Seconded by:A. Hopkins

    That, on the recommendation of the Managing Director, Development & Compliance Services and Chief Building Official, the following actions be taken with respect to the London Community Recovery Network:

    a)  the implementation plans for the following ideas for action submitted from the London Community Recovery Network and received by Municipal Council BE APPROVED:

    • 2.5 Increase grant funding/building code for façade upgrades
    • 2.6 Appoint a downtown lead at City Hall
    • 2.7 Create a business concierge service
    • 2.8 Create a core area champion at senior level
    • 2.9 Create an integrated economic development blueprint

    b)  the Civic Administration BE DIRECTED to execute the implementation plans for ideas for action in support of London’s community recovery from COVID-19 approved in a) above;

    c)  that $250,000 BE APPROVED to implement the ideas approved in a) above and as set out in the business cases included in Appendix A to the staff report, noting that Municipal Council previously authorized $5 million to be contributed to the Economic Development Reserve Fund to support social and economic recovery measures;

    d)  the Civic Administration BE DIRECTED to waive the requirement of having all City property taxes paid in full for property owners eligible to receive grants in 2021 under the City’s Upgrade to Building Code Loan, Façade Improvement Loan and Rehabilitation and Redevelopment Tax Grant Community Improvement Plan programs, provided that all other requirements have been met; it being noted that any grant funding will first be applied against outstanding property taxes owing; and,

    e)  the staff report dated February 8, 2021 entitled "London Community Recovery Network - Ideas for Action by Municipal Council" BE RECEIVED for information;

     

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

     

    • a communication dated February 1, 2021 from D. Szpakowski, CEO and General Manager, Hyde Park Business Improvement Association; and,
    • the attached presentation.  (2021-S08/S12)

    Yeas: (6)P. Squire, S. Lewis, S. Lehman, A. Hopkins, S. Hillier, and E. Holder


    Motion Passed (6 to 0)

    Additional Votes:


  • Moved by:S. Hillier
    Seconded by:E. Holder

    Motion to approve clause a) 1.3, which reads as follows:

    "a)  the implementation plans for the following ideas for action submitted from the London Community Recovery Network and received by Municipal Council BE APPROVED:

    • 1.3 A Break in the Clouds;"

    Yeas: (2)E. Holder, and A. Hopkins
    Nays: (4)S. Lewis, S. Hillier, S. Lehman, and P. Squire


    Motion Failed (2 to 4)
  • Moved by:A. Hopkins
    Seconded by:S. Lewis

    Motion to approve clause a) section 2.5 which reads as follows:

     

    "a)  the implementation plans for the following ideas for action submitted from the London Community Recovery Network and received by Municipal Council BE APPROVED:

    • 2.5 Increase grant funding/building code for façade upgrades;"

    Yeas: (5)S. Lewis, S. Hillier, E. Holder, P. Squire, and A. Hopkins
    Recuse: (1)S. Lehman


    Motion Passed (5 to 0)
  • Moved by:A. Hopkins
    Seconded by:E. Holder

    Motion to approve clause a) 3.5, which reads as follows:

     

    "a)  the implementation plans for the following ideas for action submitted from the London Community Recovery Network and received by Municipal Council BE APPROVED:

    • 3.5 Provide better market data to attract new businesses;"

    Yeas: (2)E. Holder, and A. Hopkins
    Nays: (4)S. Lewis, S. Hillier, S. Lehman, and P. Squire


    Motion Failed (2 to 4)
  • Moved by:A. Hopkins
    Seconded by:S. Lewis

    That, on the recommendation of the Director, Development Services with respect to the application by 2748714 Ontario Inc., relating to the property located at 3195 White Oak Road, the proposed by-law appended to the staff report dated February 8, 2021 BE INTRODUCED at the Municipal Council meeting to be held on February 23, 2021 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 Urban Reserve Special Provision (h-94*UR4(11)) and an Urban Reserve (UR4) Zone TO a Residential R1 Special Provision (R1-3(21)) Zone;

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

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

     

    • the recommended amendment is consistent with, and will serve to implement the policies of the Provincial Policy Statement, 2020 which encourage infill and intensification and the provision of a range of housing types, and efficient use of existing infrastructure;
    • the proposed residential uses and scale of development are consistent with the policies of the London Plan, the 1989 Official Plan, the Southwest Area Secondary Plan and the North Longwoods Area Plan policies; and,
    • the subject lands are of a suitable size and shape to accommodate the development proposed.   (2021-D08)


    Yeas: (6)S. Lewis, S. Hillier, S. Lehman, E. Holder, P. Squire, and A. Hopkins


    Motion Passed (6 to 0)

    Additional Votes:


  • Moved by:S. Hillier
    Seconded by:E. Holder

    Motion to open the public participation meeting.


    Yeas: (6)S. Lewis, S. Hillier, S. Lehman, E. Holder, P. Squire, and A. Hopkins


    Motion Passed (6 to 0)
  • Moved by:S. Lewis
    Seconded by:S. Hillier

    Motion to close the public participation meeting.


    Yeas: (6)S. Lewis, S. Hillier, S. Lehman, E. Holder, P. Squire, and A. Hopkins


    Motion Passed (6 to 0)
  • Moved by:S. Lewis
    Seconded by:E. Holder

    That, on the recommendation of the Director, Development Services, the following actions be taken with respect to the application by Whiterock Village Inc., relating to the property located at 3087 White Oak Road:

    a)  the Approval Authority BE ADVISED that no issues were raised at the public meeting with respect to the application for Draft Plan of Vacant Land Condominium relating to the property located at 3087 White Oak Road; and,

     

    b)  the Approval Authority BE ADVISED that no issues were raised at the public meeting with respect to the Site Plan Approval application relating to the property located at 3087 White Oak Road;

     

    it being pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions regarding these matters.   (2021-D07)


    Yeas: (6)S. Lewis, S. Hillier, S. Lehman, E. Holder, P. Squire, and A. Hopkins


    Motion Passed (6 to 0)

    Additional Votes:


  • Moved by:S. Lewis
    Seconded by:S. Lehman

    Motion to open the public participation meeting.


    Yeas: (6)S. Lewis, S. Hillier, S. Lehman, E. Holder, P. Squire, and A. Hopkins


    Motion Passed (6 to 0)
  • Moved by:S. Lehman
    Seconded by:E. Holder

    Motion to close the public participation meeting.


    Yeas: (6)S. Lewis, S. Hillier, S. Lehman, E. Holder, P. Squire, and A. Hopkins


    Motion Passed (6 to 0)
  • Moved by:E. Holder
    Seconded by:S. Lewis

    That, on the recommendation of the Director, Development Services, with respect to the application by 1524400 Ontario Inc., relating to the property located at 185 Horton Street East, the proposed revised, attached, by-law BE INTRODUCED at the Municipal Council meeting to be held on February 23, 2021 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM an Arterial Commercial Special Provision (AC4(11)) Zone TO an Arterial Commercial Special Provision Bonus Zone (AC4(__)/B__) Zone;


    the Bonus Zone shall be implemented through one or more agreements to facilitate the development of a high quality mixed-use commercial/residential apartment building with a maximum density of 389 units per hectare and a maximum height of 51 metres (16-storeys) which substantially implements the Site Plan and Elevations appended to the staff report as Schedule “1” to the amending by-law in return for the following facilities, services and matters:

    i) a high quality development which substantially implements the site plan and elevations as appended to the staff report as Schedule “1” to the amending by-law:


    Building Design

    A) high quality architectural design (building/landscaping) including a common design theme for residential and commercial elements; and provision of structured parking facilities and screening for surface parking areas;


    Underground Parking

     

    A) underground parking structure parking provided to reduce surface parking areas (a minimum of 27 subsurface spaces provided);


    Outdoor Amenity and Landscaping

    A) common outdoor amenity area to be provided in the northeast quadrant of the site; and rooftop terraces above the 7th, 12th and 16th floors;
    B) landscape enhancements beyond City design standards, including theme lighting; and,
    C) landscape plans for common outdoor amenity areas to incorporate hard landscape elements and drought resistant landscaping to reduce water consumption;

    Sustainability

     

    A) provides a pedestrian-oriented environment along Horton Street East, which facilitates passive surveillance of the streetscape and, ultimately, safer streets;
    B) fosters social interaction and facilitates active transportation and community connectivity with Downtown; and,
    C) the subject lands are close to public open space and parkland in the area, particularly Thames Park, Charles Hunt Park, and the Thames River Pathway system, which provides recreational opportunities for residents (passive and active);

     

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

     

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

     

    • the recommended amendment to Zoning By-law Z.-1 is consistent with the 2020 Provincial Policy Statement (PPS) which encourages the regeneration of settlement areas and land use patterns within settlement areas that provide for a range of uses and opportunities for intensification and redevelopment. The PPS directs municipalities to permit all forms of housing required to meet the needs of all residents present and future;
    • the recommended amendment conforms to the in-force policies of The London Plan, including but not limited to the Key Directions, Homelessness Prevention and Housing policies, and City Design policies. The subject lands represent an appropriate location for residential intensification, along a higher-order street at the fringe of the downtown area, and the recommended amendment would permit development at a magnitude that is suitable for the site adding a connection between the downtown and abutting neighbourhood;
    • the recommended amendment conforms to the in-force policies of the 1989 Official Plan including, but not limited to the Policies for the Main Street Commercial Corridor designation. The recommended amendment would permit development at an intensity that is at the upper range of the maximum density for residential intensification within the Main Street Commercial Corridor designation but still ensures the nature of development is suitable for the site and the immediate neighbourhood. The recommended amendment would help to reach the objective of supplying additional institutional housing choices and options for students attending educational institutions in the downtown;
    • the recommended Zoning By-law amendment is consistent with the SoHo (South of Horton Street) Community Improvement Plan with the redevelopment of the Mixed Use Mainstreet District along Horton Street by facilitating development that complements the Mainstreet District on Horton Street E one block east of the subject site; and,
    • the subject lands represent an appropriate location for institutional and residential intensification, along Horton Street and the recommended amendment would permit an apartment/dormitory development at an intensity that is appropriate for the site and the surrounding neighbourhood.   (2021-D08)

     


    Yeas: (5)S. Lewis, S. Lehman, E. Holder, P. Squire, and A. Hopkins
    Absent: (1)S. Hillier


    Motion Passed (5 to 0)

    Additional Votes:


  • Moved by:A. Hopkins
    Seconded by:S. Lehman

    Motion to open the public participation meeting.


    Yeas: (6)S. Lewis, S. Hillier, S. Lehman, E. Holder, P. Squire, and A. Hopkins


    Motion Passed (6 to 0)
  • Moved by:S. Lewis
    Seconded by:S. Lehman

    Motion to close the public participation meeting.


    Yeas: (6)S. Lewis, S. Hillier, S. Lehman, E. Holder, P. Squire, and A. Hopkins


    Motion Passed (6 to 0)
  • Moved by:A. Hopkins
    Seconded by:S. Lehman

    That the Planning and Environment Committee convene, In Closed Session, for the purpose of considering the following item:

    6.1. Solicitor-Client Privilege

    This report can be considered in a meeting closed to the public as the subject matter being considered pertains to advice that is subject to solicitor-client privilege, including communications necessary for that purpose from the solicitor and officers and employees of the Corporation; the subject matter pertains to litigation or potential litigation with respect to an appeal at the Local Planning Appeal Tribunal (“LPAT”), and for the purpose of providing instructions and directions to officers and employees of the Corporation.


    Yeas: (5)P. Squire, S. Lewis, S. Lehman, A. Hopkins, and E. Holder
    Absent: (1)S. Hillier


    Motion Passed (5 to 0)

    The Planning and Environment Committee convenes, In Closed Session, from 6:01 PM to 6:12 PM.


The meeting adjourned at 6:13 PM.