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Council
MINUTES
14TH MEETING
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August 27, 2013
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The Council meets in Regular Session in the
Council Chambers this day at 4:09 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, J.
Braam, J. Clark, B. Coxhead, S. Datars Bere, J.M. Fleming, B. George, A.
Hagan, J. Jessop, G. Kotsifas, D. Lazenby, L. Livingstone, A. Macpherson, V.
McAlea Major, D. O’Brien, J. Page, R. Paynter, M. Ribera, L.M. Rowe, J.
Smout, M. Turner, B. Warner, B. Westlake-Power and B. Whitelaw.
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At the beginning of the Meeting all Members
are present except Councillor S. Orser.
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Councillor M. Brown discloses a pecuniary
interest in clause 13 of the 18th Report of the Planning and Environment
Committee and the related Bill No. 382, having to do with an application by the
City of London relating to Day Care Centres in schools, by indicating that he
is employed by the Thames Valley District School Board. Councillor M. Brown
further discloses a pecuniary interest in clause 2 of the 22nd Report of the
Corporate Services Committee, having to do with Sherwood Forest Public
School, by indicating that he is employed by the Thames Valley District
School Board. Councillor M. Brown further discloses a pecuniary interest in
clause C-1 of the Confidential Appendix to the 22nd Report of the Corporate
Services Committee, having to do with a matter pertaining to the purpose of
instructions and directions to officers and employees of the Corporation
pertaining to a proposed acquisition of land; advice that is subject to
solicitor-client privilege, including communications necessary for that
purpose; reports or advice or recommendations of officers and employees of
the Corporation pertaining to a proposed acquisition of land; commercial and
financial information supplied in confidence pertaining to the proposed
acquisition the disclosure of which could reasonably be expected to,
prejudice significantly the competitive position or interfere significantly
with the contractual or other negotiations of the Corporation, result in
similar information no longer being supplied to the Corporation where it is
in the public interest that similar information continue to be so supplied,
and result in undue loss or gain to any person, group, committee or financial
institution or agency; commercial, information relating to the proposed
acquisition that belongs to the Corporation that has monetary value or
potential monetary value; information concerning the proposed acquisition
whose disclosure could reasonably be expected to prejudice the economic interests
of the Corporation or its competitive position; information concerning the
proposed acquisition whose disclosure could reasonably be expected to be
injurious to the financial interests of the Corporation; and instructions to
be applied to any negotiations carried on or to be carried on by or on behalf
of the Corporation concerning the proposed acquisition, by indicating that he
is employed by the Thames Valley District School Board.
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Councillor J.P. Bryant discloses a
pecuniary interest in clause 18 of the 18th Report of the Planning and
Environment Committee, having to do with the application by the City of
London with respect to secondary dwelling units, by indicating that her house
contains a secondary dwelling unit.
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Councillor B. Polhill discloses a pecuniary
interest in clause 16 of the 18th Report of the Planning and Environment
Committee, having to do with the application by the City of London relating
to the Veterans Memorial Parkway, by indicating that the roadway expansion
goes past the front door of his business.
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Councillor N. Branscombe discloses a pecuniary
interest in clause 16 of the 18th Report of the Planning and Environment
Committee, having to do with the application by the City of London relating
to the Veterans Memorial Parkway, by indicating that her spouse owns and
operates a business at Oxford Street/Veterans Memorial Parkway.
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None.
1. 23rd Report of the
Corporate Services Committee
2. 9th Report of the
Investment and Economic Prosperity Committee
3. 12th Report of the
Strategic Priorities and Policy Committee
MOTION FOR IN CAMERA SESSION
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Motion made by Councillor D. Brown and
seconded by Councillor P. Hubert 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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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)
The Council rises and goes in camera at 4:14
PM, with Mayor J.F. Fontana in the Chair and all Members present except
Councillor S. Orser.
At 4:15 PM Councillor S. Orser enters the
meeting.
The Committee of the Whole at 5:00 PM rises
and Council resumes in regular session at 5:06 PM, with Mayor J.F. Fontana in
the Chair and all Members present.
At 5:15 PM Councillor S.E. White leaves the
meeting.
Motion made by Councillor P. Van Meerbergen
and seconded by Councillor D. Brown to Approve the Minutes of the 13th
Meeting held on July 30, 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
(14)
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Motion made by Councillor D. Brown and
seconded by Councillor P. Hubert 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, 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)
Motion made by Councillor H.L. Usher and
seconded by Councillor J.L. Baechler to Approve that pursuant to section to
section 7.4 of the Council Procedure By-law, the order of business be changed
to permit consideration of clause 4 of the 18th Report of the Planning and
Environment Committee to be heard at 6:00 PM.
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 (13)
NAYS: S. Orser (1)
None.
At 5:20 PM Councillor S.E. White enters the
meeting.
Councillor B. Polhill
presents.
Motion made by Councillor B. Polhill to
Approve clauses 1 to 22, excluding clauses 4, 13,16 and 18.
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That it BE NOTED that Councillor W.J.
Polhill disclosed a pecuniary interest in clause 16 of this Report, having to
do with the application by the City of London, relating to the Veterans
Memorial Parkway, by indicating that he lives in the area.
That it BE NOTED that Councillor N.
Branscombe disclosed a pecuniary interest in clause 16 of this Report, having
to do with the application by the City of London, relating to the Veterans Memorial
Parkway, by indicating that her spouse owns property in the Oxford
Street/Veterans Memorial Parkway area.
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That, on the recommendation of the Managing
Director, Planning and City Planner, in response to the letter of appeal to
the Ontario Municipal Board, relating to By-law No. C.P.-1284-(st)-331 to
approve Official Plan Amendment 541, the Southwest Area Secondary Plan, the
Ontario Municipal Board BE REQUESTED to amend Schedules 2, 4, 6, 8, 9 and 12
of the Southwest Area Secondary Plan - Conceptual Road Network and Appendix 1
– Proposed Schedule “A” amendment to the Official Plan, as it applies to the
W3 Lambeth Farms property, to:
a) modify
the open space configuration on the W3 Lambeth Farms property on all the
identified Schedules, Conceptual Plan and proposed Official Plan Schedule “A”
amendment;
b) apply
a Low Density Residential land use in place of the Open Space land use on all
the identified Schedules and proposed Official Plan Schedule “A” amendment;
c) modify
the location of the proposed neighbourhood park from the northwest corner of
Bostwick Road and proposed Kilbourne Road extension to the W3 Lambeth Farms
property on all the identified Schedules; and,
d) modify
Schedule 2, to shift the Multi-use Pathway Planned Route to the east, so that
it forms part of the open space pathway connection. (2013-L01)
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That, on the recommendation of the Managing
Director, Planning and City Planner, the report dated August 20, 2013,
relating to the decision by the Ontario Municipal Board, concerning the
appeal by Ayman Shana’a Holdings Inc., with respect to an amendment to the
Zoning By-law No. Z.-1, a Municipal Council decision relating to the property
located at 260 Sarnia Road BE RECEIVED. (2013-D14A)
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That, on the recommendation of the Managing
Director, Planning and City Planner, in response to the letter of appeal to
the Ontario Municipal Board dated July 5, 2013, submitted by Patton Cormier
& Associates, on behalf of JLC Homes Ltd., relating to By-Law L.S.P.
3471-177, as it relates to 186 Wharncliffe Road North, the following actions
be taken:
a)
the
Ontario Municipal Board BE ADVISED that the Municipal Council has reviewed
its decision relating to this matter and sees no reason to alter it; and,
b)
the
City Solicitor BE REQUESTED to represent the Municipal Council’s interests in
these matters and retain outside expert witnesses in support of the Municipal
Council’s position;
it being noted that the Planning and
Environment Committee reviewed and received the following communications with
respect to this matter:
·
a
communication dated August 15, 2013, from J. Biviano, 143 Central Avenue;
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a
communication dated August 16, 2013, from C. Horley and K. Norman, by e-mail;
and,
·
a
communication dated August 14, 2013, from D. Horley, by e-mail.
(2013-L01)
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That, on the recommendation of the Manager,
Development Services and Planning Liaison, based on the application of ESAM
Construction Limited, relating to the property located at 699 Wonderland Road
North, the proposed by-law, as appended to the staff report dated August 20,
2013, BE INTRODUCED at the Municipal Council meeting to be held on August 27,
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 Associated Shopping
Area Commercial (h-25*ASA3/ASA4/ASA8) Zone TO an Associated Shopping Area
Commercial (ASA3/ASA4/ASA8) Zone to remove the holding “h-25” provision.
(2013-D14B)
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That the Building Division Monthly Report
for June 2013 BE RECEIVED. (2013-D00)
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That, the following actions be taken with
respect to the 8th Report of the Environmental and Ecological Planning
Advisory Committee (EEPAC) from its meeting held on July 18, 2013:
a) the
warranty on trees for the Gore Road Class EA BE EXTENDED to two years, as per
City of London policy (recommendation #17);
b) Mr.
C. Haines, Project Manager, Dillon Consulting, BE ADVISED that the Environmental
and Ecological Planning Advisory Committee (EEPAC) expressed its appreciation
to him for responding to the EEPAC comments relating to the Gore Road Class
EA;
c)
the Civic Administration BE REQUESTED to provide the following information with
respect to the twelve invasive species included in the Street Tree Guideline
document the number and percentage of total street tree plantings in each of
the years 2010, 2011 and 2012;
d) the
Civic Administration BE REQUESTED to provide a qualitative impact assessment
of the effects of the 12 approved street tree invasive species on the
Environmentally Significant Areas currently being inventoried; it being noted
that the ESA’s being inventoried are Medway, Meadowlily, the Coves and
Westminster Ponds; and,
e) that
clauses 4 to 14, inclusive, of the 8th Report of the Environmental and
Ecological Planning Advisory Committee BE RECEIVED;
it being noted that the Planning and
Environment Committee heard a verbal presentation and received the attached
excerpt from the City of London Approved Street Tree List from D. Sheppard,
Chair, EEPAC, with respect to these matters.
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That, the following actions be taken with
respect to the 7th Report of the Advisory Committee on the Environment (ACE)
from its meeting held on July 17, 2013:
a)
the
following actions be taken with respect to a Property Assessment for Clean
Energy (PACE) program:
i) the
Civic Administration BE REQUESTED to consider the inclusion of policies to
promote sustainability and sustainability programs in ReThink London OPA
review; it being noted that the ACE will provide ReThink London, a report
with respect to proposed sustainability policies and programs; and,
ii) the
Civic Administration BE REQUESTED to consider a PACE program as part of their
participation in the Collaboration on Home Energy Efficient Retrofits in
Ontario (CHEERIO) initiative; and,
b)
that
clauses 2 to 6, inclusive, of the 7th Report of the ACE BE RECEIVED;
it being noted that the Planning and
Environment Committee heard a verbal presentation from J. Howell, Vice Chair,
with respect to these matters.
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That, on the recommendation of the Managing
Director, Planning and City Planner, with respect to the application of the
City of London, relating to the property located at 407 McMahen Street and
portions of the properties located at 652, 654 and 656 Elizabeth Street, the proposed
by-law, as appended to the staff report dated August 20, 2013, BE INTRODUCED
at the Municipal Council meeting to be held on August 27, 2013 to amend
Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the
zoning of the subject properties FROM a Residential R2 Special Provision
(R2-1(10)) Zone, which permits single detached dwellings, semi-detached
dwellings, duplex dwellings and converted dwellings; a Holding Residential
R5/Residential R9 Special Provision (h-5•R5-3/R9-7(6)•H20) Zone, which
permits townhouses, apartment buildings, lodging houses and continuum-of-care
facilities up to a maximum height of 20m; a Residential R10 (R10-1•H36) Zone,
which permits townhouses, apartment buildings, lodging houses and
continuum-of-care facilities up to a maximum height of 36m; and a Holding
Residential R5 (h-5•R5-4) Zone, which permits townhouse dwellings TO a
Community Facility Special Provision (CF2(1)) Zone, which permits public
recreational buildings, public swimming pools, studios, community centres,
day care centres, convenience stores and eat-in restaurants;
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 City of London zoning review, relating to the property located
at 432 Grey Street:
a) the
attached proposed by-law, BE INTRODUCED at the Municipal
Council meeting to be held on August 27, 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 R3 (R3-1) Zone, which permits single
detached, semi-detached, duplex, triplex, fourplex and converted dwellings TO
a Neighbourhood Facility Special Provision (NF( )) Zone, to permit churches,
elementary schools and community centres with special provisions for lot
frontage, interior side yards and parking;
b) the
Site Plan Approval Authority BE REQUESTED to consider the following design
issues through the site plan process:
i) the
ability of the site to accommodate access to the rear and interior side
yards;
ii) the
feasibility of accommodating front yard parking; and,
iii) the
ability to meet landscaped open space requirements;
it being pointed out that at the public
participation meeting associated with this matter, the following individual
made an oral submission in connection therewith:
Reverend Delta McNeish, Beth Emmanuel
Church – expressing appreciation to the City for taking care of the
archaeological process that is almost completed; advising that the items that
have been found at 275 Thames Street are now being cleaned; and indicating
that they have sent a letter to the City to get some direction on what they
need to do to move the project forward in terms of zoning and planning. (2013-D14A)
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That, on the recommendation of the Manager
of Development Services and Planning Liaison, the following actions be taken
with respect to the site plan approval application by Richmond Village
(London) Inc., relating to the property located at 275 Callaway Road:
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; and,
b) the
Approval Authority BE ADVISED that the Municipal Council supports the site
plan application for the residential development. (2013-D11)
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That, on the recommendation of the Manager,
Development Services and Planning Liaison, the following actions be taken
with respect to the site plan approval application for an apartment building
by JLC Homes Ltd., relating to the property located at 1166 Hamilton Road:
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; and,
b) the
Approval Authority BE ADVISED that the Municipal Council supports the site
plan application for a four storey apartment building with 23 units.
(2013-D11)
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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 the City of London, relating to amendments to
the City’s Official Plan and Zoning By-law for the Veterans Memorial Parkway
South Extension:
a) the
proposed by-law, as appended to the staff report dated August 20, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on August 27, 2013, to
amend Schedule “C” Transportation Corridors, of the Official Plan to add
“Freeway” to an extension of the Veterans Memorial Parkway from Highway 401
to Wilton Grove Road to implement the recommendations of the Veterans
Memorial Parkway Extension and Highway 401 Interchange Improvements
Transportation Environmental Study Report (TESR); and,
b) the
proposed by-law, as appended to the staff report dated August 20, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on August 27, 2013, to
amend Section 4.21 Road Allowance Requirements – Specific Roads of Zoning
By-law Z.-1, (in conformity with the Official Plan as amended in part a),
above), to add Veterans Memorial Parkway as a “Freeway” with a 30m limit of
allowance (measured from the centerline) in Section 4.21 Road Allowance
Requirements – Specific Roads of the Z.-1 Zoning By-law;
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 Highland Communities Ltd., relating to the
property located at 982 Gainsborough Road:
a) the
proposed by-law, as appended to the staff report dated August 20, 2013, BE INTRODUCED at the Municipal Council meeting to be held on August 27, 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 Holding Business District Commercial
(h-17*BDC1/BDC2) Zone, which provides for and regulates a mix of retail, restaurant,
neighbourhood facility, office and residential uses located along
pedestrian-oriented business districts in older parts of the City and an Urban
Reserve (UR3) Zone which permits existing dwellings, agricultural uses
(except for mushroom farms, commercial greenhouses livestock facilities and
manure storage facilities), conservation lands, managed woodlot, wayside pit,
passive recreation use, kennels, private outdoor recreation clubs, riding
stables and a Holding Urban Reserve (h-2*UR3) Zone, which permits the same
range of uses as the UR3 zone subject to a holding provision which requires
the submission of an Environmental
Impact Study or Subject Lands Status Report to determine the extent to which
development may be permitted TO a Holding Business District Commercial
(h-11*h-17*BDC1/BDC2) Zone and a Holding Residential R9 Special Provision
(h-5*h-11*h-17*R9-7(_)*H50) Zone, to permit apartment buildings, lodging
house class 2, senior citizens apartment buildings, handicapped persons
apartment buildings and continuum-of-care facilities up to a maximum height
of 50m (15 storeys) and a density of 150 units per hectare; a special
provision is recommended to allow for the reduction of the easterly side yard
to 12m and a maximum projection into the required yard for apartment
balconies to a maximum of 3m; the use of three holding provisions is required
in order to ensure that access and sanitary servicing concerns are addressed
before the development of the site and that the site plan will be reviewed
through a public process;
b) the
Site Plan Approval Authority, BE REQUESTED to address the following items
through the site plan approval process:
i)
ensure
pedestrian paths are situated to maximize their direct and continuous
connection with pedestrian paths in the commercially zoned portion of the
site to the north;
ii)
detail
the design of the ‘hard landscape space’ north of the podium component to
create a ‘forecourt’ shared space linking the lobby entrance with the
service road through the use of continuous paving treatments and landscaped
features positioned to delineate vehicular and pedestrian pathways;
iii)
position
the lobby entrance, a public art installation, or significant landscape
element to create a view terminus, visible from Gainsborough Road, aligned
with the internal road connecting the residential portion of the site with
Gainsborough Road;
iv)
minimize
surface parking and ensure all parking visible from the ‘service road’ is
screened to emphasize the pedestrian quality in the north part of the
residentially zoned portion of the site;
v)
ensure
siting and construction of the apartment buildings is consistent with the conceptual
site plan and elevations/renderings included as Appendix “B”;
vi)
the
Owner shall grant a municipal easement of an appropriate size and alignment,
consistent with the rear lane concept identified in the Hyde Park Community
Plan, for public access across this site, all to the satisfaction of the
City; and,
vii)
minimize
the potential impacts of the underground parking entrance, garbage
facilities, lighting and other potential impacts on neighbouring properties;
c) the request to amend Zoning By-law No. Z.-1
to change the zoning of the subject property FROM an Urban Reserve (UR3) Zone
and a Holding Urban Reserve (h-2*UR3) Zone, which permits existing dwellings,
agricultural uses except for mushroom farms, commercial greenhouses livestock
facilities and manure storage facilities, conservation lands, managed
woodlot, wayside pit, passive recreation use, kennels, private outdoor
recreation clubs and riding stables TO a Holding Residential R9 Special
Provision (R9-7(_)*H50) Zone, to permit apartment buildings, lodging house
class 2, senior citizens apartment buildings, handicapped persons apartment
buildings and continuum-of-care facilities with a special provision to allow
for the reduction of the easterly side yard to maximum of 12m and maximum
projection for the apartment’s balconies into the required yards to a maximum
of 3m BE REFUSED for the following reasons:
i)
the
City of London’s Transportation Department has concerns about the proposed
access to this site in relation to the proximity of the intersection of
Gainsborough Road and Coronation Drive and is requesting a holding provision
until the submitted Transportation Impact Analysis is updated to address this
matter; and,
ii)
the
City of London’s Wastewater and Drainage Engineering Division also has
concerns regarding how the south portion of the property will be serviced as
the future servicing for the subject site is have not been built in and will
be located over adjacent lands to the east which is not owned by the
applicant;
it being noted that the Planning and
Environment Committee reviewed and received the following communications with
respect to this matter:
·
a
communication dated August 12, 2013 from C. Creighton, Land Use Planner,
Upper Thames River Conservation Authority; and,
·
a
communication dated August 19, 2013 from K. & M. Johnson, 1108-1035
Coronation Drive;
it being pointed out that at the public
participation meeting associated with this matter, the following individuals
made oral submissions in connection therewith:
·
M.
Pease, IBI Group, on behalf of the applicant – see attached presentation.
·
Shelly
McKeen, 1009-1030 Coronation Drive – advising that it appears that there have
been no negotiations through the City for the undeveloped land owned by other
land owners; expressing concern with a development of this size, on a
property of this size, which she believes is approximately 6.5 acres;
indicating that it is within the guidelines; however it seems like a huge
development on a small piece of land; advising that they see traffic problems
on Hyde Park Road now; reiterating that the north part of Hyde Park Road will
not be completed until 2015; indicating that there is a proposal for land use
change at the corner of Coronation Drive and South Carriage Way; noting that
she has not read the reports on this proposal; indicating that if the land
use change proposal is to go ahead there will be a bigger influx of traffic;
advising that she would really like to see the City consider the traffic in
the north end; advising that Gainsborough Road and Hyde Park Road are very
busy now; indicating that they cannot access Hyde Park Road from South
Carriage Road easily on the weekdays from 7:00 AM to approximately 9:00 AM;
advising that there is no stop light and there are no cross walks; indicating
that there is a park for public use to the west but she cannot access the
park without putting her life at risk trying to cross the street; advising
that she has asked the City before to install traffic lights and/or a
crosswalk; indicating that she does not see anything being presented
immediately; advising that Hyde Park does have an Official Plan; indicating
that the housing is currently low and medium density; indicating that she
lives in a high rise and she understands high rise development and sees how
the City clusters high rises so she understands how this proposal will start
a cluster of high rises in the Hyde Park area; advising that she really wants
the City to think about the transportation and the access for the public now;
indicating that she understands that the people residing on South Carriage
Way are upset with the traffic going through their subdivisions.
·
Dan
Foster, 509-1030 Coronation Drive – indicating that he recently moved to
London from Ottawa; indicating that, after seeing the development in Ottawa,
there is a message for City of London Planners; advising that the message is
that, in that taking the individual zoning requests on a case by case basis,
they all make sense; advising that they all incrementally add a little bit of
traffic; indicating that there are safety issues that need to be addressed
now; noting that Hyde Park Road will be developed by 2015; advising that
there is no stop light on South Carriage Road; indicating that he does not
see how people move around in this subdivision; noting as an example, that to
the west of their building, Tricar had originally received zoning to build a
building complimentary to their building; advising that there is a woodlot,
from their point of view, right where Coronation Drive stops; indicating that
there are turkeys and deer in the woodlot even though it has not been deemed
significant; enquiring as to when the City advises them of what the plan is
for Coronation Drive; hearing nothing about making South Carriage Drive safer
today; advising that every time he tries to get out of the laneway, he takes
his life into his hands; advising that it is an accident waiting to happen;
indicating that this is all hours of the day, not just 7:00 AM to 9:00 AM;
indicating that if he was a resident living in the rest of the subdivision,
he would wonder why, when the residents of 1030 Coronation Drive want to come
west, they come through their subdivision; indicating that that seems like a
pretty poor plan; noting that there are traffic calming measures in that subdivision,
including a traffic circle; advising that there are all kinds of kids running
through there; admitting that he does not feel comfortable driving through
the subdivision or even going out Wonderland Road South, towards the
University; advising that if he takes Coronation Drive out, he has a 10
minute wait and he is taking his life into his hands; indicating that the
site plan makes sense by putting the building in the back of the lot;
advising that the residents at 1030 Coronation Drive should have some input
into the detailed planning of the services; indicating that the applicant has
done a good job angling the apartments so that the people living there will
have unobstructed views all the time but they have obstructed their views and
he lives on that side of the building; understanding the density issues, but
he does not want to have to listen to all the noise of people moving in and
out of the units and garbage collection; indicating that the applicant needs
to do a better job of setting garbage collection on the other side so that it
lines up with the commercial nature which is in and out anyway; noting that,
if the garbage collection area is moved, the applicant would not have to
worry about a berm; and requesting that the staff figure out what they doing
with Coronation Drive and make that raceway complete.
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Donna
Szpakowski, Chair, Hyde Park Business Association – expressing support for
the zoning amendment from Urban Reserve to High Density as this property was
already identified as being high density in the 1999 Hyde Park Community
Plan; noting that this supports the Hyde Park Community Plan, which was
created with over 600 residents involved; indicating that the Hyde Park
Community Plan speaks to increasing the residential population in the Hyde Park
hamlet, which supports the growth and sustenance of local businesses in the
area; expressing support for the holding provisions that Councillor M. Brown
will be putting forward tonight as they pertains to the commencement of
construction for these lands; hoping that a holding provision will be added
for the 2014-2015 Hyde Park Road widening and its impact on residents,
businesses, vehicles, pedestrians and safety, along with existing road safety
concerns that they have attempted to lobby for; advising that, at this time,
Hyde Park Road does not have the infrastructure to logistically or safely
sustain traffic due to construction or increased residential counts until the
Hyde Park Road widening has been completed and there is a loop that takes
people off of Hyde Park Road and Gainsborough Road; expressing agreement with
the comments made by Mr. D. Foster that the community is very involved in how
access is gained, how noise is handled and such large additions to their
community; indicating that Hyde Park’s character and vision was built into
the Community Plan and the Hyde Park Business Association maintains that the
hamlet of Hyde Park, which they envision as east and west along Gainsborough
Road would be compromised by more than three high rises with the lands to be
designated high density now or in the future within the hamlet; and advising
that what they are asking is that if they have to have three high rises, that
for the sake of the hamlet and for the sake of the visioning of the Hyde Park
area that it be limited just to three.
·
Apple
Dobbin, 976 Gainsborough Road – expressing concern with the volume of traffic
on Hyde Park Road and Gainsborough Road as both roads are very busy now;
indicating that, if a new road is going to be added for the two new apartment
buildings, it is going to make things much worse; indicating that, if they
only have to make turns out and in, it is going to be very troubling to a lot
of people; advising that the traffic situation is one that is very essential
and has to be looked at very carefully and essentially for all the people who
live around that little area; enquiring as to where the road is being
installed; and reiterating that the roads are very dangerous for the traffic
along Gainsborough Road and Hyde Park Side Road.
·
Michelle
Doornbosch, Zelinka Priamo Ltd., on behalf of Marquis Holdings Inc. –
indicating that the dental office is located directly west of the subject
site; advising that the building was constructed in 2006; wanting to ensure
that the long-term viability of their property is maintained; indicating
that, with all the traffic comments that have been made, there has been no
mention of the existing entrance into the dental office; indicating that the
applicant’s presentation outlines a blocked in entrance to the property
directly to the west of the dental office; noting that this is not entirely
accurate as the applicant shows the building on the property line; advising
that the entrance to the dental office is directly adjacent to the proposed
entrance at Gainsborough Road; advising that there is no mention in the staff
report or the traffic impact analysis as to how that is to be handled;
advising that she met with the developer last week to outline their
concerns; noting that she has not seen any updated plans as to how that is to
be addressed; indicating that she does support the h-11 and the h-5 holding
provisions to ensure that access can be addressed and this is a public site
plan process; advising that she wants to ensure that their clients concerns are
addressed through the process; indicating that they looked at the development
agreement for the property from 2006; noting that there is provision in it
for joint access, but there is no provision to require the existing entrance
to close; reiterating that their biggest concern is that the two entrances
cannot function as they are shown on the plan; hoping that some revisions can
be made so that there are no impacts from this proposed development on the
existing traffic patterns to that entrance. (2013-D14A)
|
The S. Evoy, 29 Stoneycreek Crescent, BE
GRANTED delegation status at the September 24, 2013 Planning and Environment
Committee meeting with respect to the proposed Stoneycreek Pathway.
(2013-R04)
|
That C. Linton, Norquay Sunningdale Land
Corp. BE DENIED delegation status at a future Planning and Environment
Committee meeting with respect to the Tricar Subdivision, Phase 2, as there
is an existing policy and process in place with respect to this matter.
|
That, on the recommendation of the Managing
Director, Planning and City Planner and the Managing Director, Development
and Compliance Services & Chief Building Official, the following actions
be taken with respect to city-wide Zoning By-law and minor variance
applications relating to Near-Campus Neighbourhood amendments:
a)
the
Managing Director, Planning and City Planner BE DIRECTED to prepare Zoning
By-law amendments to:
i) amend
Section 2 of the Zoning By-law to modify the Parking Area definition to
exclude Private Garages from the parking area calculation;
ii) amend
Section 4.19. of the Zoning By-law to require that Private Garages located in
the rear yard are to be regulated as accessory uses as set out in Subsection
4.1 of the Zoning By-law when a Private Garage is an accessory structure;
and,
iii) amend
Section 5.3 and Table 5.3 of the Zoning By-law Z.-1 to permit 1.2m interior
side yard depths for all Residential R1-1 to R1-5 and R1-12 to R1-13
variations while requiring that one side yard depth be a minimum of 3.0m
where no private garage is attached to the dwelling;
b) a
special meeting of the Planning and Environment meeting be convened on
Monday, September 16, 2013 at 3:00 PM for the purpose of holding a public
participation meeting in connection with the proposed Zoning By-law amendment
referred to in clause a), above; and,
c) the
actions taken by Civic Administration to initiate Minor Variance applications
for various lots zoned Residential R1-1 to R1-5 and R1-12 to R1-13 to seek
relief from the regulations of the Zoning By-law pertaining to the interior
side yard depth BE ENDORSED. (2013-D14A)
|
That, on the recommendation of the Managing
Director, Planning and City Planner, the report dated August 20, 2013,
relating to the property located at 13 Blackfriars Street BE RECEIVED.
(2013-L01/R01)
|
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. Pohill to
Approve clause 13.
That, on the recommendation of the Managing
Director, Planning and City Planner, with respect to the application of the
City of London, relating to Zoning By-law No. Z.-1, the proposed by-law as
appended to the staff report dated August 20, 2013, BE INTRODUCED at the
Municipal Council meeting to be held on August 27, 2013 to amend Zoning
By-law No. Z.-1, (in conformity with the Official Plan), to revise the
definitions of “Elementary School” and “Secondary School” provided in Section
2 Definitions of By-law Z.-1 to include “Day Care Centre” as a permitted
accessory use, to add “Day Care Centre” to the list of permitted uses in the
Neighbourhood Facility (NF) Zone and to remove “Day Care Centre” from the
list of permitted uses in the Neighbourhood Facility (NF1) Zone variation;
it being noted that the Planning and
Environment Committee reviewed and received a communication, dated August 12,
2013, from C. Creighton, Land Use Planner, Upper Thames River Conservation
Authority, with respect to this matter;
it being pointed out that there were no
oral submissions made at the public participation meeting associated with
this matter. (2013-D14A)
|
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)
Motion made by Councillor S.E. White to
Approve clause 16.
That, on the recommendation of the Managing
Director, Planning and City Planner, with respect to the application of the
City of London for amendments to the City’s Zoning By-law for the Veterans
Memorial Parkway, the following actions be taken:
a)
the
proposed by-law, as appended to the staff report dated August 20, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on August 27, 2013, to
amend Section 4.21 Road Allowance Requirements – Specific Roads of Zoning
By-law Z.-1, (in conformity with the Official Plan), to add, amend, delete
various streets in Section 4.21 Road Allowance Requirements – Specific Roads
of Z.-1 Zoning By-law; and,
b)
the
Civic Administration BE DIRECTED to report back on how to address the
portion of the secondary collector identified through the auto mall property,
north to Cuddy Court;
it being pointed out that at the public
participation meeting associated with this matter, the following individuals
made oral submissions in connection therewith:
·
Terry
McSpadden, 2257 Trafalgar Street – indicating that this has been the family
home since 1955 when it was built; advising that it is the first home to the
west of Veterans Memorial Parkway (VMP), on the south side of Trafalgar
Street, on the north side of the 3M office building; advising that he
understands that the engineering detail is not complete or barely started on
the proposed fly over, Trafalgar Street over the VMP for that intersection
and that will quite profoundly affect their outlook from the front of their
home; expressing concern with noise; advising that when the home was built in
1955, Trafalgar Street was a gravel road and it was a country setting; noting
that there was nothing in that area at all but as the city has grown and
annexations have occurred, the home is in a situation now far different from
when it was built; expressing concern that, now that the VMP has gone from an
expressway to a freeway, from the original Highway 100, which was basically a
country road, to one of noise; noting that the noise, especially through the evening,
is incredibly loud, particularly in motorcycle season; realizing that there
has been a lot of discussion about berming along the VMP for the people that
live between Trafalgar Street and Admiral Drive; noting that they already
have a berm that is probably 15 feet high; further noting that they have
nothing; advising that it is so loud at times that they have to stop talking
if they are in their backyard; expressing concern with egress from the
property; noting that they have no details on this yet as to what might
happen and they are often told that this is a 30 to 50 year plan but it seems
as if things are moving along much more quickly than anticipated; noting that
they are hoping to be kept advised of the process as it goes along; advising
that they have been in contact with the Planner; advising that they see their
concerns as a diminishment of their family property which is of importance to
them because their plans took into account the increasing value of their
property and perhaps different uses in the future; advising that, as the city
has progressed and enveloped them, the options that they had anticipated some
time ago seem to be disappearing; advising that what they would like to do is
to continue their conversations with the Planner to see if there is some
relief that they can obtain through rezoning or subdivision of their lands,
as they own over half an acre of property; expressing appreciation to the
Committee for the opportunity to express his concerns; indicating that they
are very happy with the roundabout that was installed at Hale Street and
Trafalgar Street; advising that the homes on the northeast quadrant of the
roundabout have a concrete wall in front of them that is probably 50 to 100
feet in front of their homes and is a barrier which prevents them from having
outlook from their property; indicating that, in their case, between a piece
of their land being taken away for a right turn lane onto the VMP and the
city boundary being 15 to 20 feet in front of their front porch, they anticipate
a wall, if you look at where the fly over has to start and where it has to go
to, that will meet or exceed the height of the homes at Hale Street and
Trafalgar Street; and indicating that they are really concerned at their
retirement age on the impact on their retirement resources.
·
Michelle
Doornbosch, Zelinka Priamo Limited – advising that the plan before the
Committee shows the addition of a secondary collector that cuts through the
recently approved auto mall, in the subdivision plan that has been approved;
advising that three of the dealerships are under construction; indicating
that the design of the subdivision does not allow for that collector road to
go through; indicating that they are going on record advising that that is a
concern and there is no opportunity to connect that road through the
subdivision; and noting that it would have to be located further west of the
subdivision lands. (2013-D14A)
|
Motion Passed
YEAS: J.F. Fontana, B. Armstrong, J.B.
Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
RECUSED: B. Polhill, N. Branscombe (2)
|
Motion made by Councillor B. Polhill to
Approve clause 18.
That, on the recommendation of the Managing
Director, Planning and City Planner, with respect to the application of the
City of London, for an Official Plan Amendment to amend existing policies,
relating to secondary dwelling units and for a Zoning By-law Amendment to
introduce regulations related to secondary dwelling units, the following
actions be taken:
a) a
public participation meeting BE HELD at the Planning and Environment
Committee on September 24, 2013, with respect to the proposed amendments;
and,
b) the
proposed Official Plan Amendment and Zoning By-law Amendment BE INTRODUCED at
a future meeting of the Municipal Council;
it being noted that the Planning and
Environment Committee reviewed and received the attached
communication, dated August 20, 2013, from B. Lansink, 507 Colborne Street,
with respect to this matter;
it being pointed out that there were no
oral submissions made at the public participation meeting associated with
this matter. (2013-D14A)
|
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)
|
Councillor B.
Armstrong presents.
Motion made by Councillor B. Armstrong to
Approve clauses 1 to 10, inclusive.
|
That it BE NOTED that no pecuniary
interests were disclosed.
|
That the 6th Report of the Accessibility
Advisory Committee, from its meeting held on June 27, 2013, BE RECEIVED.
|
That the 7th Report of the London Diversity
and Race Relations Advisory Committee, from its meeting held on July 18,
2013, BE RECEIVED.
|
That the 8th Report of the London Housing
Advisory Committee, from its meeting held on July 10, 2013, BE RECEIVED.
|
That, on the recommendation of the Managing
Director of Neighbourhood, Children and Fire Services, the Civic
Administration BE DIRECTED to provide funding in the amount of $19,105 from
the remaining 3rd installment of funds to Neighbourhood Watch London, for the
2013 budget year. (2013-P15)
|
That, on the recommendation Administrator,
Community Services/Long Term Care, the following actions be taken with
respect to RFP 10-13, the Supply and Delivery of Incontinence Products:
a) the
current contract with Stevens Company Ltd., 425 Railside Drive, Brampton,
Ontario L7A 0N8 BE EXTENDED for two (2) additional years at an approximate
annual contract expenditure of $ 127,934;
b) the
Civic Administration BE AUTHORIZED to undertake all administrative acts that
are necessary in connection with this contract extension; and,
c) the
above-noted approval BE CONDITIONAL upon the Corporation entering into a
formal contract or having a purchase order relating to the subject matter of
this approval. (2013-L04B)
|
That the following actions be taken with
respect to the 9th Report of the Animal Welfare Advisory Committee (AWAC),
from its meeting held on August 1, 2013:
a) the following actions be taken
with respect to the 2013 AWAC Draft Work Plan:
i) under
the "Feral Cat Day/Week" project, the following initiatives BE
APPROVED:
A) "educational
initiatives" for specific colony areas;
B) participate
with the City of London at the Western Fair Pet Show;
C) promote
donations to Rescue Groups for the Trap, Neuter, Release Program (TNR);
D) promote the
importance of managing feral colonies; and,
E) educate the
public about TNR;
ii) Animal
Welfare Services BE REQUESTED to advise the AWAC of any available funding for
printing brochures/flyers;
iii) a
Working Group BE ESTABLISHED consisting of B. Barr, G. Sturm and T. Satchell,
to develop a program and budget for the Feral Cat Day/Week and report back at
the September meeting of the AWAC;
iv) $50.00
BE APPROVED from the AWAC Budget for the Working Group to gather feral cat
information; it being noted that the AWAC has sufficient funds in its 2013 Budget
for this expenditure;
b) the
Manager, Licensing & Municipal Law Enforcement BE INVITED to attend the
September 5, 2013 AWAC meeting to provide feedback on the AWAC deferred
matters list as at August 1, 2013;
c) the
Civic Administration, including the City Solicitor, BE ASKED investigate and
report back to the Community and Protective Services Committee (CPSC), with
respect to:
i) amendments
to the City of London Animal Control By-law that would ban the sale of cats
and dogs from puppy mills in retail outlets; and,
ii) the
potential for agreement(s) with neighbouring municipalities related to the
matter of puppy mills, licensing and enforcement;
d) the
Civic Administration BE DIRECTED to provide an update to the AWAC with
respect to when the Request for Proposal for Animal Services will be awarded;
and
e) clauses 5 to 14 of the 9th
Report BE RECEIVED;
it being noted that the CPSC received the attached
presentation from B. Sayler and S. Rans, AWAC, with respect to this matter.
(2013-P14)
|
8.
|
Surveillance Cameras - Dundas Street
between Adelaide Street and Rectory Street
|
That the Civic Administration BE REQUESTED
to initiate a Community Task Force for the Old East Village for the purpose
of developing a neighbourhood safety plan which would include various options
and tools to increase public safety, and that NO ACTION BE TAKEN at this
time, related to the request for camera installation on Dundas Street;
it being noted that the Community and
Protective Services Committee received the following communications related
to this matter:
• two communications from
Councillor S. Orser.
• a
communication dated August 16, 2013, from J. Diplock, Old East Village
Community Association.
• a
communication dated August 15, 2013, from K. Keane, Old East Village BIA.
(2013-P15)
|
That the communication dated August 2,
2013, from Councillor D. Brown, with respect to an expanded report back to
the Community and Protective Services Committee related to amendments to the
Parks and Recreation By-law regarding the use of e-bikes, BE FORWARDED to the
Civic Administration for inclusion in the aforementioned report. (2013-
RO4/CO1)
|
That the communication dated July 30, 2013,
from Councillor D. Brown, with respect to possible amendments to section 4.18
of the Zoning By-law to permit acoustic music on patios, BE NOTED AND
FILED. (2013-C01/P11)
|
Pursuant to section 12.3 of the Council
Procedure By-law, Councillor D. Brown calls for a separate vote on clause 10.
Pursuant to section 12.3 of the Council
Procedure By-law, Councillor S. Orser calls for a separate vote on clauses 7
and 8.
Pursuant to section 12.3 of the Council
Procedure By-law, Councillor H.L. Usher calls for a separate vote on clause 9.
The motion to Approve clauses 1 to 6 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 S. Orser and
seconded by Councillor D.G. Henderson to Amend part c) of clause 7 by adding
a new part iii) as follows:
"iii)
“rescue pet stores” BE EXCLUDED from any potential by-law amendments as noted
in part c)i), above;”
|
Pursuant to section 11.6 of the Council
Procedure By-law, the motion moved by Councillor S. Orser and seconded by
Councillor D.G. Henderson is, at the joint request of the mover and seconder
and with the consent of Council, withdrawn.
The motion to Approve clause 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.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
The motion to Approve clause 8 is put.
Councillor S. Orser provides the attached
handout.
Motion made by Councillor P. Hubert and
seconded by Councillor J.P. Bryant to Amend clause 8 in line 2, by deleting the
word "Community" and by replacing it with the words "Neighbourhood
Safety".
At 5:52 PM Mayor J.F. Fontana places
Councillor P. Hubert in the Chair and takes a seat at the Council Board.
At 5:59 PM Mayor J.F. Fontana resumes the
Chair and Councillor P. Hubert takes his seat at the Council Board.
The motion to Amend clause 8 in line 2 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 J.B. Swan and
seconded by Councillor S.E. White to further Amend clause 8 in line 2 by adding
the words "with Councillor S. Orser as the Task Force Chair", after
the words "Task Force".
|
Motion Failed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, D.G. Henderson, P. Van Meerbergen, S.E. White (7)
NAYS: B. Armstrong, J.L. Baechler, N.
Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, J.P. Bryant (8)
|
Motion made by Councillor B. Armstrong and
seconded by Councillor S. Orser to Approve clause 8, 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, J.P. Bryant,
S.E. White (15)
|
Clause 8, as amended, reads as follows:
That the Civic Administration BE REQUESTED to
initiate a Neighbourhood Safety Task Force for the Old East Village for the
purpose of developing a neighbourhood safety plan which would include various
options and tools to increase public safety, and that NO ACTION BE TAKEN at
this time, related to the request for camera installation on Dundas Street;
it being noted that the Community and
Protective Services Committee received the following communications related to
this matter:
• two communications from
Councillor S. Orser.
• a
communication dated August 16, 2013, from J. Diplock, Old East Village
Community Association.
• a
communication dated August 15, 2013, from K. Keane, Old East Village BIA.
(2013-P15)
The motion to Approve clause 9 is put.
Motion made by Councillor H.L. Usher and
seconded by Councillor S. Orser to Amend clause 9, in line 4, by deleting the
word "inclusion" and by replacing it with the word
"consideration".
|
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. Armstrong and
seconded by Councillor P. Van Meerbergen to Approve clause 9, 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, J.P. Bryant,
S.E. White (15)
|
Clause 9, as amended, reads as follows:
That the communication dated August 2, 2013,
from Councillor D. Brown, with respect to an expanded report back to the
Community and Protective Services Committee related to amendments to the Parks
and Recreation By-law regarding the use of e-bikes, BE FORWARDED to the Civic
Administration for consideration in the aforementioned report. (2013- RO4/CO1)
The motion to Approve clause 10 is put.
At 6:10 PM Mayor J.F. Fontana places Councillor
P. Hubert in the Chair and takes a seat at the Council Board.
|
At 6:17 PM Mayor J.F. Fontana resumes the
Chair and Councillor P. Hubert takes his seat at the Council Board.
|
Motion Failed
YEAS: B. Armstrong, J.L. Baechler, N.
Branscombe, M. Brown, S.E. White (5)
NAYS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher,
J.P. Bryant (10)
|
Motion made by Councillor P. Van Meerbergen
and seconded by Councillor D. Brown to Approve that the Civic Administration
BE DIRECTED to report back to the appropriate Standing Committee, with
respect to by-law amendments that would permit acoustic music on patios,
during reasonable hours, in the City of London for the Committee’s
consideration.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, P. Hubert, D.G. Henderson, P. Van Meerbergen,
D. Brown, H.L. Usher, S.E. White (11)
NAYS: J.L. Baechler, N. Branscombe, M.
Brown, J.P. Bryant (4)
|
Clause 10 reads as follows:
That the Civic Administration BE DIRECTED to
report back to the appropriate Standing Committee, with respect to by-law
amendments that would permit acoustic music on patios, during reasonable hours,
in the City of London for the Committee’s consideration.
|
18th Report of the Planning and Environment
Committee (Continued)
|
Councillor B. Polhill
presents.
Motion made by Councillor B. Polhill to
Approve clause 4.
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
attached proposed by-law, BE INTRODUCED at the Municipal
Council meeting to be held on August 27, 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
attached, revised, proposed BE INTRODUCED at the Municipal Council
meeting to be held on August 27, 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___*h___*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 and Upper Thames River Conservation Authority
permits be obtained, an Ontario Wetland evaluation to be completed to the
satisfaction of the Ministry of Natural Resources, 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 does not include the holding provisions to ensure the
orderly development of the site; a permit from the Upper Thames River
Conservation Authority; and the Ministry of Natural Resources being satisfied
that the wetland is not considered a Provincially Significant Wetland; and,
ii)
the
requested amendment does not include the additional uses as recommended by
the Municipal Council;
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 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;
it being noted out that the Planning and
Environment Committee reviewed and received the following communications with
respect to this matter:
·
a
communication from G. Faul, Lambeth Community Association;
·
a
communication from J. Cuthbert, by e-mail;
·
a
communication from C. Richardson, by e-mail;
·
a
communication, dated August 11, 2013, from G. Smith, President, Friends of
Meadowlily Woods Community Association;
·
a
communication, dated August 7, 2013, from K.E. Risler, 5-192 Elmwood Avenue;
·
a
communication, dated August 12, 2013, from D. Johnston, President and CEO,
PenEquity Realty Corporation;
·
a
communication, dated August 14, 2013, from K. Lakhotia, General Manager,
London Economic Development Corporation;
·
a
communication, dated July 25, 2013, from C. Creighton, Land Use Planner,
Upper Thames River Conservation Authority;
·
a
communication, dated August 16, 2013, from J. Brick, Coordinator, Hydrology
and Regulatory Services, Upper Thames River Conservation Authority; and,
·
a
communication, dated August 15, 2013, from D. Johnston, President and CEO,
PenEquity Realty Corporation. (2013-D14A)
|
Motion made by Councillor J.L. Baechler and
seconded by Councillor H.L. Usher to Approve the referral of clause 4 back to
the Civic Administration, as the application is premature given the
outstanding policy concerns involving the Ministry of Natural Resources
surrounding the designation of the wetland, the policies of the Upper Thames
River Conservation Authority prohibiting development in a wetland and the
lack of an environmental impact study determining how the provincially
significant woodland can be protected as a result of a proposed development
on adjacent lands; it being further noted that the municipality will hire an
ecologist to evaluate the wetland using the Ontario Wetlands Evaluation
System.
|
At 7:14 PM Mayor J.F. Fontana places
Councillor P. Van Meerbergen in the Chair and takes a seat at the Council
Board.
|
Moved by Councillor J.B. Baechler and
seconded by Councillor N. Branscombe to Approve that pursuant to section 9.6
of the Council Procedure By-law, Mayor J.F. Fontana be permitted to speak
longer that 5 minutes with respect to clause 4.
|
At 7:40 PM Mayor J.F. Fontana resumes the
Chair and Councillor P. Van Meerbergen takes his seat at the Council Board.
|
Motion Failed
YEAS: J.L. Baechler, N. Branscombe, D.
Brown, H.L. Usher, J.P. Bryant (5)
NAYS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, S.E. White (10)
|
Motion made by Councillor J.B. Swan and
seconded by Councillor S. Orser to Recess.
Motion Passed
The Council recesses at 8:11 PM and
reconvenes at 8:50 PM with Mayor J.F. Fontana in the Chair and all Members
present except Councillor S.E. White.
At 8:51 PM Councillor S.E. White enters the
meeting.
Motion made by Councillor M. Brown and
seconded by Councillor P. Hubert to Amend clause 4 as follows:
1.
By deleting the first paragraph and part a) in their entirety and by
replacing them with the following:
“That, on the direction of Municipal
Council, with respect to the applications 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)
in recognition of the circumstances where these lands
have been previously zoned and designated to permit a range of commercial
uses, the attached revised proposed by-law, BE INTRODUCED at
the Municipal Council Meeting to be held on August 27, 2013, to amend the
Official Plan by adding a special policy Chapter 10 – “Policies for Specific
Areas” to permit cinema use outside of the downtown area in the New Format
Regional Commercial Node;”
2. By adding the following new part
b) as follows and by renumbering the remaining parts accordingly:
“b)
the attached revised proposed by-law, to amend Schedule B-1
Natural Heritage Features, to delete the “Unevaluated Vegetation Patch”, BE
INTRODUCED at a future meeting of the Municipal Council, after the Ontario
Wetland evaluation, noted in part c), below, has been completed to the
satisfaction of the Ministry of Natural Resources;”
3.
By adding the following new part d) and by renumbering the remaining clauses
accordingly:
“d)
in the event that the Ontario Wetland evaluation noted in c) above, results
in a portion of the subject land being deemed to be a Provincially
Significant Wetland, the Civic Administration BE DIRECTED to bring forward
the necessary amendment to Schedule B-1 Natural Heritage Features, to
identify the Provincially Significant Wetland;”
4.
By deleting the original part f) in its entirety and by replacing it with the
following new part in its place:
“the Civic Administration BE DIRECTED to
work with the Applicant to develop the Natural Heritage Compensation
Agreement required by the h(_) holding provision, to include natural heritage
lands, for Municipal Council approval, that reflects the natural heritage
value of the natural heritage feature to be removed at a ratio of 6:1, which
is consistent with the compensation achieved for Sovereign Woods; it being
understood that the Applicant will not undertake any tree removal on any of
the land that is identified as a potential natural heritage feature, prior to
the Municipal Council removing the holding provisions, set out in part c)
above;”
5.
By amending the original part g) in the second line by adding the word
“revised” before the word “proposed”, and by changing the word “by-law” in
line 3 to “by-laws”, and by changing the word “is” in line 3 to the word
“are”.
6.
By adding the following new part after the original part f):
“the Applicant BE REQUESTED to consider
undertaking appropriate traffic management, including the provision of an
adequate transit terminal and/or a park and ride concept for this
development.”
|
At 9:04 PM Mayor J.F. Fontana places
Councillor P. Hubert in the Chair and takes a seat at the Council Board.
At 9:10 PM Mayor J.F. Fontana resumes the
Chair and Councillor P. Hubert takes his seat at the Council 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, J.P. Bryant, S.E. White
(14)
NAYS: H.L. Usher (1)
|
Motion made by Councillor B. Polhill and
seconded by Councillor S. Orser to Approve clause 4, as amended.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, S.E. White (10)
NAYS: J.L. Baechler, N. Branscombe, D.
Brown, H.L. Usher, J.P. Bryant (5)
|
Clause 4 as amended, reads as follows:
That, on
the direction of Municipal Council, with respect to the applications 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)
in
recognition of the circumstances where these lands have been previously zoned
and designated to permit a range of commercial uses, the attached
revised proposed by-law, BE INTRODUCED at the Municipal Council Meeting to be
held on August 27, 2013, to amend the Official Plan 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;
b)
the
attached revised proposed by-law, to amend Schedule B-1 Natural
Heritage Features, to delete “Unevaluated Vegetation Patch”, BE INTRODUCED at a
future meeting of the Municipal Council, after the Ontario Wetland evaluation,
noted in part c), below, has been completed to the satisfaction of the Ministry
of Natural Resources;
c)
the attached, revised, proposed BE INTRODUCED at the
Municipal Council meeting to be held on August 27, 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___*h___*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 and Upper Thames River Conservation Authority permits be
obtained, an Ontario Wetland evaluation to be completed to the satisfaction of
the Ministry of Natural Resources, 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);
d) in the
event that the Ontario Wetland evaluation noted in c) above, results in a
portion of the subject land being deemed to be a Provincially Significant
Wetland, the Civic Administration BE DIRECTED to bring forward the necessary
amendment to Schedule B-1 Natural Heritage Features, to identify the
Provincially Significant Wetland;
e) 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;
f) 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:
iii)
the
requested amendment does not include the holding provisions to ensure the
orderly development of the site; a permit from the Upper Thames River
Conservation Authority; and the Ministry of Natural Resources being satisfied
that the wetland is not considered a Provincially Significant Wetland; and,
iv)
the
requested amendment does not include the additional uses as recommended by the
Municipal Council;
g)
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);
h)
the Civic Administration BE DIRECTED to work with the Applicant to develop
the Natural Heritage Compensation Agreement required by the h(_) holding
provision, to include natural heritage lands, for Municipal Council approval,
that reflects the natural heritage value of the natural heritage feature to be
removed at a ratio of 6:1, which is consistent with the compensation achieved
for Sovereign Woods; it being understood that the Applicant will not undertake
any tree removal on any of the land that is identified as a potential natural
heritage feature, prior to the Municipal Council removing the holding
provisions, set out in part c), above;
i) the
Applicant BE REQUESTED to consider undertaking appropriate traffic management,
including the provision of an adequate transit terminal and/or a park and ride
concept for this development; and,
j) pursuant
to Section 34(17) of the Planning Act, as determined by the Municipal
Council, no further notice BE GIVEN in respect of the revised proposed
by-laws as the by-laws are consistent with the request of the applicant, are
consistent with what was circulated to the public and the changes are minor in
nature;
it being noted out that the Planning and
Environment Committee reviewed and received the following communications with
respect to this matter:
·
a
communication from G. Faul, Lambeth Community Association;
·
a
communication from J. Cuthbert, by e-mail;
·
a
communication from C. Richardson, by e-mail;
·
a
communication, dated August 11, 2013, from G. Smith, President, Friends of
Meadowlily Woods Community Association;
·
a
communication, dated August 7, 2013, from K.E. Risler, 5-192 Elmwood Avenue;
·
a
communication, dated August 12, 2013, from D. Johnston, President and CEO,
PenEquity Realty Corporation;
·
a
communication, dated August 14, 2013, from K. Lakhotia, General Manager, London
Economic Development Corporation;
·
a
communication, dated July 25, 2013, from C. Creighton, Land Use Planner, Upper
Thames River Conservation Authority;
·
a
communication, dated August 16, 2013, from J. Brick, Coordinator, Hydrology and
Regulatory Services, Upper Thames River Conservation Authority; and,
·
a
communication, dated August 15, 2013, from D. Johnston, President and CEO,
PenEquity Realty Corporation. (2013-D14A)
Motion made by Councillor J.L. Baechler and
seconded by Councillor P. Hubert to Approve “That the Civic Administration BE
DIRECTED to undertake a review, in the most expedient manner, of “Unevaluated
Vegetation Patches” shown on Schedule “B-1” of the Official Plan that are not
shown as “Open Space” or “Environmental Review” on Schedule “A” of the
Official Plan and to initiate an Official Plan Amendment to designate the
lands as Open Space, where appropriate, as soon as possible, on Schedule “A”
of the Official Plan, noting that this would make these lands subject to the
City’s Tree Conservation By-law (By-law C.P.-1466-249); it being noted that the
municipality will hire an ecologist to assist with the review.”
|
Motion Passed
YEAS: J.F. Fontana, 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 (12)
NAYS: B. Polhill, D.G. Henderson, P. Van
Meerbergen (3)
|
New clause 4A reads as follows:
That the Civic Administration BE DIRECTED to
undertake a review, in the most expedient manner, of “Unevaluated Vegetation
Patches” shown on Schedule “B-1” of the Official Plan that are not shown as
“Open Space” or “Environmental Review” on Schedule “A” of the Official Plan and
to initiate an Official Plan Amendment to designate the lands as Open Space,
where appropriate, as soon as possible, on Schedule “A” of the Official Plan,
noting that this would make these lands subject to the City’s Tree Conservation
By-law (By-law C.P.-1466-249); it being noted that the municipality will hire
an ecologist to assist with the review.
Councillor P. Van
Meerbergen presents.
Motion made by Councillor P. Van Meerbergen
to Approve clauses 1 to 11, excluding clause 3.
|
That it BE NOTED that no pecuniary
interests were disclosed.
|
2.
|
Sherwood Forest Public School
|
That the Civic Administration BE DIRECTED
to review and report back on the following matters related to the surplus
school property known as Sherwood Forest Public School:
a) the potential acquisition of the
subject property, on the basis that:
i) there
is a municipal need for community green space for the adjacent neighbourhood;
and
ii) the
City of London’s Parks and Recreation Master Plan identifies a need for
amenities in the neighbourhood; and
b) the
potential severance and disposition of any portion of the subject property
that might be declared surplus to the City of London’s needs and disposed of
in accordance with the City of London’s Sale and Other Disposition of Land
Policy, should Council decide to proceed with the acquisition of the subject
property.
|
That, on the recommendation of the City
Clerk, the following actions be taken with respect to the provision of Vote
Tabulation System and Election Software:
a) the
proposal submitted by Election Systems & Software, 1885 Clements Road,
Unit 207 Pickering ON L1W 3V4, at their proposed total cost of 267,584.94,
including HST, BE ACCEPTED;
b) the
source of financing for this expenditure BE APPROVED as a drawdown from the
Municipal Election Expense Reserve Fund:
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this purchase, and
d) approval
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.
|
That, on the recommendation of the City
Clerk, the proposed by-law (Appendix “A”) appended to the staff report dated
August 20, 2013 BE INTRODUCED at the Municipal Council meeting on August 27,
2013 to delete and replace Council Policy 3(8) entitled “City of London Days
at the Budweiser Gardens” with a new Policy which reflects the Municipal
Council’s direction of July 30, 2013 to provide for use of City of London
Days for local purposes and to also provide further clarity in terms of
notification and eligibility for use of City of London Days in accordance
with the City of London’s agreement with the Budweiser Gardens.
|
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 attached
revised proposed by-law BE INTRODUCED at the Municipal Council meeting on
August 27, 2013, to tax the affordable housing property at 205 Commissioners
Road West at an effective tax rate equal to the residential tax rate; and 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.
|
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 proposed by-law
appended to the staff report dated August 20, 2013 BE INTRODUCED at the
Municipal Council meeting on August 27, 2013, to tax the affordable housing
property at 1461 Huron Street at an effective tax rate equal to the
residential tax rate; and 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.
|
That the Municipal Council BE ADVISED that
after convening as a Tribunal under section 26 of Part IV of By-law
C.P.-1473-212 and pursuant to By-law A.-6361-177 that would delegate the
hearing to the Corporation Services Committee from the Board of Control, to
hear a complaint from Southside Construction Management Limited in respect of
the development charge imposed by The Corporation of the City of London in
connection with development on the land known as 75 Blackfriars Street, the
hearing adjourned to the Corporate Services Committee meeting being held at
1:00 PM on September 10, 2013, in order to permit the complainant and Civic
Administration to provide the Tribunal with copies of relevant case law
regarding the issues raised in this development charge complaint, as well as
a full copy of the City of London’s Development Charges By-law, with the
relevant sections highlighted for the assistance of the Tribunal, for
consideration in addition to the oral submissions that were made and the following
Exhibits that were filed with the Tribunal at the hearing held on August 20,
2013:
Exhibit #1: Notice of
Hearing dated July 29, 2013
Exhibit
#2: Written complaint from Southside Construction
Management Limited date stamped in the Mayor’s Office on June 27, 2013
Exhibit
#3: Staff report dated August 20, 2013, from the Managing Director,
Development and Compliance Services and Chief Building Official
Exhibit
#4: Undated submission under the letterhead of Patton Cormier
& Associates, made at the Corporate Services Committee on August 20, 2013
Exhibit
#5: A PowerPoint presentation made at the Corporate
Services Committee hearing on August 20, 2013, from the Deputy Chief Building
Official in support of the City’s imposition of development charges for the
development.
|
That the communication dated July 18, 2013
from Michelle Edwards, resigning her appointment to the London Diversity and
Race Relations Advisory Committee, BE ACCEPTED and Ms. Edwards BE THANKED for
participating on the Committee.
|
That the communication dated July 19, 2013
from Greg Vilks, resigning his appointment to the Environmental and
Ecological Planning Advisory Committee, BE ACCEPTED and Dr. Vilks BE THANKED
for participating on the Committee.
|
That the communication dated July 21, 2013
from Curtis Peterson, resigning his appointment to the Environmental and
Ecological Planning Advisory Committee, BE ACCEPTED and Mr. Peterson BE
THANKED for participating on the Committee.
|
Pursuant to section 12.3 of the Council
Procedure By-law, Councillor N. Branscombe calls for a separate vote on clause
2.
The motion to Approve clauses 1 to 11,
excluding clauses 2 and 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
(15)
The motion to Approve clause 2 is put.
Motion made by Councillor N. Branscombe and
seconded by Councillor S. Orser to Amend clause 2 as follows:
a)
in line 1, by adding the words “at the September 24, 2013 meeting of the
Corporate Services Committee” after the words “report back”; and,
b)
in part a)ii) by adding the words “Strengthening Neighbourhoods Strategy and”
after the words “City of London’s” and by changing the word “identifies” to
the word “identify”.
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Motion Passed
YEAS: J.F. Fontana, S. Orser, J.L.
Baechler, N. Branscombe, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher,
J.P. Bryant, S.E. White (10)
NAYS: B. Polhill, B. Armstrong, J.B. Swan,
D.G. Henderson (4)
RECUSED: M. Brown (1)
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Motion made by Councillor P. Van Meerbergen
and seconded by Councillor N. Branscombe to Approve clause 2, as amended.
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Motion Passed
YEAS: J.F. Fontana, S. Orser, J.L.
Baechler, N. Branscombe, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher,
J.P. Bryant, S.E. White (10)
NAYS: B. Polhill, B. Armstrong, J.B. Swan,
D.G. Henderson (4)
RECUSED: M. Brown (1)
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Clause 2, as amended, reads as follows:
That the Civic Administration BE DIRECTED to
review and report back at the September 24, 2013 meeting of the Corporate
Services Committee on the following matters related to the surplus school
property known as Sherwood Forest Public School:
a) the potential acquisition of the
subject property, on the basis that:
i) there
is a municipal need for community green space for the adjacent neighbourhood;
and
ii) the
City of London’s Strengthening Neighbourhoods Strategy and Parks and Recreation
Master Plan identifies a need for amenities in the neighbourhood; and
b) the
potential severance and disposition of any portion of the subject property that
might be declared surplus to the City of London’s needs and disposed of in
accordance with the City of London’s Sale and Other Disposition of Land Policy,
should Council decide to proceed with the acquisition of the subject property.
Motion made by Councillor P. Van Meerbergen
to Approve parts a) and b) of clause 3.
That the following actions be taken with
respect to the property located at 1156 Dundas Street, the former McCormick
Building:
a) the
Request for Expression Of Interest/Request for Qualifications (REOI/RFQUAL)
submissions by Sierra Construction (Woodstock) Limited and Allied
Construction Corporation, BE RECEIVED;
b) a
Request for Proposals (RFP) with the two pre-qualified proponents submissions
BE PROCEEDED with; and
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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 P. Van Meerbergen
to Approve part c) of clause 3.
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c) pursuant
to section 13.7 of the Council Procedure By-law, the actions of the Municipal
Council taken at its meeting of April 30, 2013, related to the adoption of
clause 2 of the 9th Report of the Committee of the Whole, concerning 1156
Dundas Street, BE RECONSIDERED;
Motion Passed
YEAS: 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 (13)
NAYS: J.F. Fontana, J.P. Bryant (2)
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Motion made by Councillor P. Van Meerbergen
to Approve part d) of clause 3.
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d) investigations
into potential municipal uses for the property if brought into municipal
ownership, including partnership opportunities, BE PROCEEDED AND REPORTED BACK
UPON to Council, if necessary, after the Municipal Council has had an
opportunity to consider proposals from the proponents noted in b), above.
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 J.P.
Bryant presents.
Motion made by Councillor J.P. Bryant to
Approve clauses 1 and 2.
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1.
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Disclosures of Pecuniary Interest
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That it BE NOTED that no pecuniary interests
were disclosed.
That on the recommendation of the Managing
Director, Corporate Services and City Treasurer, Chief Financial Officer, the
following actions be taken with respect to the 2013 debenture issue update:
a) the
issue of a ten-year serial debenture for $50,000,000 BE APPROVED, noting the
average all-in-rate is 3.299%; and
b) the
proposed by-law D.-768-283 appended to the staff report dated August 26, 2013
BE INTRODUCED at the Municipal Council meeting of August 27, 2013, for three
readings to authorize the borrowing upon serial debentures for a ten-year term
for $50,000,000 towards the cost of certain capital works of The Corporation of
the City of London;
it being noted that the Corporate Services
Committee received a verbal overview from J. Senese, Manager III, Financial and
the attached presentation from Les Peterdy, CFA, Director,
Government Finance, TD Securities, with respect to this matter.
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 P. Van
Meerbergen presents.
Motion made by Councillor P. Van Meerbergen
to Approve clauses 1 to 13, 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
Director, Environment, Fleet and Solid Waste, the attached
comments BE ENDORSED and BE SUBMITTED by the Civic Administration, on behalf
of the Municipal Council, to the Ministry of the Environment’s Environmental
Bill of Rights Registry posting (EBR 011-9490) titled Making Choices:
Reviewing Ontario’s Long-Term Energy Plan; it being noted that the due date for
comments is September 9, 2013. (2013-E02)
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That, on the recommendation of the
Director, Environment, Fleet and Solid Waste, the attached
comments BE ENDORSED and BE SUBMITTED by the Civic Administration, on behalf
of the Municipal Council, to the Ministry of the Environment’s Environmental
Bill of Rights Registry posting (EBR 011-9614) titled Conservation First: A
Renewed Vision for Energy Conservation in Ontario; it being noted that the
due date for comments is September 9, 2013.(2013-E02)
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That, on the recommendation of the
Director, Environment, Fleet and Solid Waste, the attached
comments BE ENDORSED and BE SUBMITTED by the Civic Administration, on behalf
of the Municipal Council, to the Ministry of the Environment’s Environmental
Bill of Rights Registry posting (EBR 012-9260) titled Waste Reduction Act and
posting (EBR 012-9262) titled Waste Reduction Strategy; it being noted that
the due date for comments for both postings is September 4, 2013.(2013-E02)
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That, on the recommendation of the
Director, Water and Wastewater with the concurrence of the Managing Director,
Environmental and Engineering Services and City Engineer, the following
actions be taken with respect to the Watermain Realignment around the
Westminster Road Bridge:
a) the
draft Agreement negotiated between Her Majesty the Queen in Right of the
Province of Ontario, represented by the Minister of Transportation for the
Province of Ontario (MTO) and The Corporation of the City of London, for the
realignment of the watermain around the Westminster Road Bridge over Highway
401 in the City of London, as appended to the staff report dated August 19,
2013 BE APPROVED substantially in the form attached and as
approved by the City Solicitor;
b) the
proposed by-law as appended to the staff report dated August 19, 2013 BE
INTRODUCED at the Municipal Council Meeting to be held on August 27, 2013 to:
i) approve
the Agreement between The Corporation of the City of London and Her Majesty
the Queen in Right of the Province of Ontario, represented by the Minister of
Transportation for the Province of Ontario (MTO);
ii) authorize
the Mayor and the City Clerk to execute the Agreement; and,
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this matter. (2013-L04A)
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the
following actions be taken with respect to the award of contract for the
Trunk Sewer Inspection (ES3067):
a) the
bid submitted by Andrews Infrastructure, 222 Laurier Ave. East, Suite 200
Ottawa, Ontario K1N 6P2 at their tendered price of $148,600.00, including
contingency, (HST extra) BE ACCEPTED; it being noted that the bid submitted
by Andrews Infrastructure was an irregular result (only one bid received) but
came in below the estimated expenditure and meets the City's specifications
and requirements in all areas;
b) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report appended to the staff report dated August 19, 2013;
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project; and,
d) the
approval herein BE CONDITIONAL upon the Corporation entering into a formal
contract or issuing a purchase order, or contract record relating to the subject
matter of this approval. (2013-LO4)
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the
following actions be taken with respect to the award of a contract for the
Ridout Street Brick Sewer Rehabilitation project:
a) the
proposal submitted by Liqui-Force Services, 2015 Spinks Drive, Kingsville, ON
at its price of $1,675,492.50 excluding H.S.T., for the Ridout Street Brick
Sewer Rehabilitation project BE ACCEPTED; it being noted that Liqui-Force
Services was the only contractor to respond to a Request for Proposal and
their submission meets the City's specifications and requirements in all areas;
b) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report appended to the staff report dated August 19, 2013;
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project; and,
d) the
approvals 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. (2013-L04)
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the
following actions be taken with respect to awarding the York Street/Richmond
Street and York Street/Talbot Street Traffic Signal Rebuilds:
a) the
bid submitted by CRU Solutions Inc., 180 Whiting Street, Unit B, Ingersoll,
N5C 3B5, at its submitted tendered price of $378,994.00 (excluding HST) for
the York Street/Richmond Street and York Street/Talbot Street traffic signal
rebuilds BE ACCEPTED; it being noted that the bid submitted by CRU Solutions
Inc. was the only complete bid received and meets the City’s specifications
and requirements in all areas;
b) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report appended to the staff report dated August 19, 2013;
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project;
d) 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 13-71); and,
e) 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 and Engineering Services and City Engineer, the
following actions be taken with respect to the additional engineering fees
for the Greenway Wastewater Treatment Rotating Drum Thickener Project:
a) the
engineering fees for R.V. Anderson Associates Limited BE INCREASED by
$68,436.50 which includes a 10% contingency and excludes HST, in accordance
with the estimate, on file, to carry out additional engineering design and
contract administration, based upon the Fee Guideline for Professional
Engineering Services, 2006, recommended by the Ontario Society of
Professional Engineers, and in accordance with Section 15.2 (g) of the
Procurement of Goods and Services Policy; it being noted that a change in
project scope is required to address building deficiencies and to custom
design an operating system which will enable savings of $150,000 in
construction costs;
b) the
financing for the engineering fees BE APPROVED as set out in the Sources of
Financing Report appended to the staff report dated August 19, 2013;
c) the
Civic Administration BE AUTHORIZED to undertake all administrative acts that
are necessary in connection with this project;
d) the
approvals given herein BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order for the work to be done relating
to this project; and,
e) 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
Director, Roads and Transportation, the following actions be taken with
respect to the appointment of a Consulting Engineer for the Gore Road Bridge
(4-BR-15) Replacement Project (TS1214):
a) Dillon
Consulting Limited, 130 Dufferin Avenue, London, On, N6A 5R2, BE APPOINTED Consulting
Engineers for the detailed design and tendering for the Gore Road Bridge
Replacement Project at an upset amount of $378,037.00 (excluding H.S.T.); it
being noted that this firm has provided a proposal for consultant engineering
services, 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;
b) the
financing for this project BE APPROVED in accordance with the Sources of
Financing Report appended to the staff report dated August 19, 2013;
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project;
d) the
approvals given herein BE CONDITIONAL upon the Corporation entering into a
formal contract with the Consultant for the work; and,
e) 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, Roads and Transportation, the following actions be taken with respect
to the appointment of a Consulting Engineer for the Highbury Avenue over CN
Rail Bridge (4-BR-09) Rehabilitation Project (TS1763-12):
a) Stantec
Consulting Ltd., 600-170 Queens Avenue, London, On, N6A 5J7, BE APPOINTED
Consulting Engineers for the detailed design and tendering of the Highbury
Avenue Bridge Rehabilitation Project at an upset amount of $134,692.00
(excluding H.S.T.); it being noted that this firm has provided a proposal for
consultant engineering services, in accordance with Section 15.2 (d) 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;
b) the
financing for this project BE APPROVED in accordance with the Sources of
Financing Report appended to the staff report dated August 19, 2013;
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project;
d) the
approvals given herein BE CONDITIONAL upon the Corporation entering into a
formal contract with the Consultant for the work; and,
e) 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 and Engineering Services and City Engineer, the
proposed by-law as appended to the staff report dated August 19, 2013 BE
INTRODUCED at the Municipal Council meeting to be held on August 27, 2013 for
the purpose of amending the Traffic and Parking By-law (P.S. 111).
(2013-C01)
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That the Civic Works Committee received a
presentation from the Managing Director, Environmental and Engineering
Services and City Engineer and the Director, Water and Wastewater, with
respect to the Great Lakes Sewage Report Card 2013 prepared by Ecojustice; it
being noted that the Civic Works Committee was advised that while the Report
Card is a tool to assist with identifying issues with wastewater management,
it did not clearly reflect both the positive improvements completed by the
City of London nor future improvements planned by the City of London 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, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(15)
Councillor J.B. Swan
presents.
Motion made by Councillor J.B. Swan to
Approve clauses 1 to 7, inclusive.
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1.
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Disclosures of Pecuniary Interest
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That it BE NOTED that no pecuniary interests
were disclosed.
That the Report dated August 26, 2013, from
the Managing Director, Corporate Services, City Treasurer and Chief Financial
Officer, with respect to the annual update on the Agreement between the City
of London and the Fanshawe College of Applied Arts and Technology, BE
RECEIVED.
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That the following actions be taken with
respect to the Glanworth Branch Library:
a) the
communication dated July 26, 2013, from J. Morgan, Chair, London Public
Library Board, with respect an update on the Glanworth Branch Library, BE
RECEIVED; and,
b) the
Civic Administration BE REQUESTED to identify a Source of Financing for the
Glanworth Branch Library Revitalization Project in the amount of $28,025.
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That the communication dated August 9,
2013, from P. Friedrich, Minister fur Bundesrat, Europa und Internationale
Angelegenheiten, with respect to a Transatlantic Alliance, BE RECEIVED.
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That the delegation from P. Pellizzari,
Executive Director of Policy and Social Responsibility, J. Pastore, Director
of Municipal and Community Relations and T. Bitonti, Senior Manager of Media
Relations, Ontario Lottery and Gaming Corporation, with respect to the OLG's
broader plan for gaming within municipalities, and the Municipal Council
resolution adopted at its meeting held on June 11, 2013 with respect to this
matter, BE RECEIVED.
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Recommendation: That the attached
presentation from B. Welton, Principal Consultant, ACE Partnerships Inc., with
respect to the Pottersburg Brownfield project proposal, BE FORWARDED to the
Civic Administration for further review and possible advancement.
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Recommendation: That the following actions
be taken with respect to a Municipality Contribution Agreement:
a) the
by-law appended to the staff report dated August 26, 2013 BE INTRODUCED at
the Municipal Council meeting to be held on August 27, 2013, to:
i) approve the
Municipal Contribution Agreement (Schedule A) and;
ii) authorize the Mayor
and the City Clerk to execute an amended Municipality Contribution Agreement
between the Ontario Lottery and Gaming Corporation (OLG) and the City of
London, with respect to casino revenue; and,
b) the
City Manager BE DIRECTED to identify a designated staff liaison between the
Western Fair District, the OLG and the City of London.
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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)
Councillor J.L.
Baechler presents.
Motion made by Councillor J.L. Baechler to
Approve clauses 1 to 4, inclusive.
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1.
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Disclosures of Pecuniary Interest
|
That it BE NOTED that no pecuniary
interests were disclosed.
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That the 2nd and 3rd Reports of the 2013
Council Compensation Review Task Force, from its meetings held on July 26,
2013 and August 7, 2013 BE RECEIVED.
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That, on the recommendation of the Managing
Director, Corporate Services and City Treasurer, Chief Financial Officer, the
following actions be taken with respect to Development Charge (DC) Exemptions
Policy for the 2014 Development Charges Study:
a) the
following Development Charge exemptions outlined in the current Development
Charges By-law BE MAINTAINED for the 2014 Development Charges By-law:
i) all mandatory
statutory DC exemptions:
A. expansions
of existing industrial buildings to the extent reflected in the Development
Charges Act (generally up to 50%);
B. municipal
and school board buildings; and,
C. construction
of additional dwelling units, as prescribed in the DC Act regulations.
ii) a parking building or
structure;
iii) a bona fide
non-residential farm building;
iv) a
structure that does not have municipal water and sanitary facilities and that
is intended for seasonal use only;
v) a
temporary garden suite installed in accordance with the provisions of the
Planning Act, as amended; and,
vi) an
air supported structure or arch framed structure clad with fabric-type
material, temporary in nature, the purpose of which is to provide indoor
facilities for recreational and sports activities owned and operated by a
non-profit organization for public use;
it being noted that
the above exemptions maintain existing City policy, and are for uses that
have no perceptible impact on growth infrastructure requirements;
b) the
City Planner BE DIRECTED to prepare or amend Community Improvement Plans
(CIPs), listed in order of priority, for the following forms and areas of
development to provide the basis for providing grants to individuals for a
portion of, or all of, development charges paid:
i) existing
exemptions/grants/discounts to be provided for in CIPs effective on the
effective date of the 2014 Development Charges By-law (no later than August
4, 2014):
A. residential
units, Downtown Area, Old East Village Area, and SoHo Area;
B. new
industrial buildings and expansions not exempt by statute, city-wide; and,
C. hospitals,
universities, places of worship/cemeteries and not-for-profit organizations
that are exempt from taxation by the Assessment Act, city-wide (currently 50%
of CSRF rate exempted).
ii) new
grant to be considered for adoption in a CIP following Council adoption of
the 2014 Development Charges By-law:
A. small
businesses/minor commercial expansion, city-wide;
it being noted that
the staff report dated August 26, 2013 outlines the implementation plan for
bringing forward these CIPs for Council consideration, including input
opportunities from interested stakeholders;
it being further noted that the Strategic
Priorities and Policy Committee heard the attached presentation
from P. Christiaans, Director, Development Finance, with respect to this
matter.
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That, on the recommendation of the Managing
Director, Planning and City Planner, the report dated August 26, 2013 with
respect to public feedback regarding the ReThink London discussion papers BE
RECEIVED; it being noted that the Corporate Services Committee heard the attached
presentation from G. Barrett, Manager III, Land Use Planning Policy, 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, 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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None.
Councillor D. Brown enquired as to how the
methadone clinic being operated at 425 Wharncliffe Road South can do so
without fulfilling zoning and licensing requirements. The Development &
Compliance Services staff and the City Solicitor were requested to report
back to the Planning and Environment Committee as to what actions, if any,
that could be taken to ensure that both the conditions of zoning approval and
licensing requirements are met.
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Motion made by Councillor B. Polhill and
seconded by Councillor S. Orser to Approve that pursuant to section 19.2 of
the Council Procedure By-law, leave be given for the introduction of an emergent
motion with respect to a report back regarding the installation of a traffic
signal at the intersection of Dalmagarry Road and Fanshawe Park Road West.
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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 M. Brown and
seconded by Councillor P. Hubert to Approve that the Civic Administration BE
DIRECTED to report back, at a Special Meeting of the Civic Works Committee,
to be held prior to the September 17, 2013 meeting of Municipal Council, to
treat this as a priority and provide all available options for the
installation of a traffic signal at the intersection of Dalmagarry Road and
Fanshawe Park Road West, as soon as possible, within the 2013 construction
year.
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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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At 9:58 PM Councillor B. Polhill leaves the
meeting.
Councillor N.
Branscombe presents.
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, J.
Braam, J. Clark, B. George, A. Hagan, J. Jessop, D. Lazenby, L. Livingstone, V.
McAlea Major, J. Page, L.M. Rowe, J. Smout, M. Turner and B. Warner.
Motion made by Councillor N. Branscombe to
Approve progress on the in camera items as noted in the motion to go in
camera.
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Motion Passed
YEAS: J.F. Fontana, 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 (13)
RECUSED: M. Brown (1)
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At 9:59 PM Councillor B. Polhill enters the
meeting.
BY-LAWS TO BE READ A FIRST, SECOND AND
THIRD TIME:
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Motion made by Councillor H.L. Usher and
seconded by Councillor D. Brown to Approve First Reading of Bill No.s 357 to
388, including the revised Bill No. 366 and excluding Bill No.s 382 and 384.
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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 357 to
388, including the revised Bill No. 366 and excluding Bill No.s 382 and 384.
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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 H.L. Usher to Approve Third Reading and Enactment of
Bill No.s 357 to 388, including the revised Bill No. 366 and excluding Bill
No.s 382 and 384.
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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 D. Brown and
seconded by Councillor H.L. Usher to Approve First Reading of Bill No. 382.
|
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)
|
Motion made by Councillor B. Polhill and
seconded by Councillor D. Brown to Approve Second Reading of Bill No. 382.
|
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)
|
Motion made by Councillor B. Polhill and
seconded by Councillor P. Van Meerbergen to Approve Third Reading and Enactment
of Bill No. 382.
|
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)
|
Motion made by Councillor D. Brown and
seconded by Councillor P. Hubert to Approve First Reading of Bill No. 384.
|
Motion Passed
YEAS: J.F. Fontana, B. Armstrong, J.B.
Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
RECUSED: B. Polhill, N. Branscombe (2)
|
Motion made by Councillor D. Brown and
seconded by Councillor P. Van Meerbergen to Approve Second Reading of Bill
No. 384.
|
Motion Passed
YEAS: J.F. Fontana, B. Armstrong, J.B.
Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
RECUSED: B. Polhill, N. Branscombe (2)
|
Motion made by Councillor D. Brown and
seconded by Councillor J.B. Swan to Approve Third Reading and Enactment of Bill
No. 384.
|
Motion Passed
YEAS: J.F. Fontana, B. Armstrong, J.B.
Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
RECUSED: B. Polhill, N. Branscombe (2)
|
Motion made by Councillor D. Brown and
seconded by Councillor P. Van Meerbergen to Approve First Reading of Bill No.
389.
|
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, J.P. Bryant (13)
NAYS: H.L. Usher, S.E. White (2)
|
At 10:14 PM Councillor N. Branscombe leaves
the meeting.
Motion made by Councillor D. Brown and
seconded by Councillor P. Van Meerbergen to Approve Second Reading of Bill
No. 389.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, J.P. Bryant (12)
NAYS: H.L. Usher, S.E. White (2)
|
Motion made by Councillor B. Polhill and
seconded by Councillor D. Brown to Approve Third Reading and Enactment of
Bill No. 389.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, B.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, J.P. Bryant (12)
NAYS: H.L. Usher, S.E. White (2)
|
AT 10:15 PM Councillor N. Branscombe enters
the meeting.
The following by-laws are passed and enacted
as by-laws of The Corporation of the City of London:
Bill No. 357
By-law No. A.- 7005-261
|
A by-law to confirm the proceedings of the
Council Meeting held on the 27th day of August, 2013. (City Clerk)
|
Bill No. 358
By-law No. A.-7006-262
|
A by-law to appoint deputies to the City
Clerk. (City Clerk)
|
Bill No. 359
By-law No. A.-5273(cl)-263
|
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. 360
By-law No. A.-5273(cm)-264
|
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. 361
By-law No. A.-7007-265
|
A by-law to delete and replace Council
Policy 3(8) entitled “City of London Days at the Budweiser Gardens”.
(5/22/CSC)
|
Bill No. 362
By-law No. A.-7008-266
|
A by-law to exempt from taxation for
municipal and school purposes a portion of the multi-residential assessed
value of the property at 205 Commissioners Road West, in the City of London.
(6/22/CSC)
|
Bill No. 363
By-law No. A.-7009-267
|
A by-law to exempt from taxation for
municipal and school purposes a portion of the multi-residential assessed
value of the property at 1461 Huron Street, in the City of London. (7/22/CSC)
|
Bill No. 364
By-law No. A.-7010-268
|
A by-law to authorize an Agreement between
The Corporation of the City of London and Her Majesty the Queen in Right of
Ontario represented by the Minister of Transportation (MTO) for the
relocation of watermain around the Westminster Road Bridge; and to authorize
the Mayor and City Clerk to execute the Agreement. (5/14/CWC)
|
Bill No. 365
By-law No. C.P.-1284(th)-269
|
A by-law to amend the Official Plan for the
City of London, 1989 relating to the Veterans Memorial Parkway corridor.
(15/18/PEC)
|
Bill No. 366
By-law No. C.P.-1284(ti)-270
|
A by-law to amend the Official Plan for the
City of London, 1989 relating to 3130 and 3260 Dingman Drive and the rear
portion of 4397/4407 Wellington Road South. (4/18/PEC)
|
Bill No. 367
By-law No. PS-111-13126
|
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.” (12/14/CWC)
|
Bill No. 368
By-law No. S.-5584-271
|
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) and to repeal
By-law No. S.-5576-230. (Chief Surveyor)
|
Bill No. 369
By-law No. S.-5585-272
|
A by-law to lay out, constitute, establish
and assume lands in the City of London as public highway. (as part of Horton
Street East, west of Thames Street) (Chief Surveyor)
|
Bill No. 370
By-law No. S.-5586-273
|
A by-law to lay out, constitute, establish
and assume lands in the City of London as public highway. (as widening to
Oxford Street West, west of Rathowen Street) (Chief Surveyor)
|
Bill No. 371
By-law No. S.-5587-274
|
A by-law to lay out, constitute, establish
and assume lands in the City of London as public highway. (as widening to
Westdel Bourne, south of Oxford Street West) (Chief Surveyor)
|
Bill No. 372
By-law No. S.-5588-275
|
A by-law to lay out, constitute, establish
and assume lands in the City of London as public highway. (as widening to
Dundas Street, east of First Street) (Chief Surveyor)
|
Bill No. 373
By-law No. S.-5589-276
|
A by-law to lay out, constitute, establish
and assume lands in the City of London as public highway. (as widening to
Dundas Street, west of Highbury Avenue North and as widening to Highbury
Avenue North, north of Dundas Street) (Chief Surveyor)
|
Bill No. 374
By-law No. S.-5590-277
|
A by-law to lay out, constitute, establish
and assume lands in the City of London as public highway. (as widening to
Highbury Avenue North, north of Kilally Road) (Chief Surveyor)
|
Bill No. 375
By-law No. S.-5591-278
|
A by-law to lay out, constitute, establish
and assume lands in the City of London as public highway. (as widening to
Commissioners Road West, east of Stephen Street) (Chief Surveyor)
|
Bill No. 376
By-law No. S.-5592-279
|
A by-law to permit Mary Theresa Hepburn to
maintain and use an encroachment upon the road allowance for Princess
Avenue, City of London. (City Solicitor)
|
Bill No. 377
By-law No. S.-5593-280
|
A by-law to permit Mary Theresa Hepburn to
maintain and use an encroachment upon the road allowance for Princess
Avenue, City of London. (City Solicitor)
|
Bill No. 378
By-law No. S.-5594-281
|
A by-law to assume certain works and
services in the City of London. (Fanshawe Ridge Subdivision – Phase 1;
33M-548) (City Engineer)
|
Bill No. 379
By-law No. Z.-1-132219
|
A by-law to amend By-law No. Z.-1 to remove
holding provisions from the zoning of the lands located at 699 Wonderland
Road North. (6/18/PEC)
|
Bill No. 380
By-law No. Z.-1-132220
|
A by-law to amend By-law No. Z.-1 to rezone
an area of land located at 407 McMahen Street and a portion of lands located
at 652, 654 & 656 Elizabeth Street. (10/18/PEC)
|
Bill No. 381
By-law No. Z.-1-132221
|
A by-law to amend By-law No. Z.-1 to rezone
an area of land located at 432 Grey Street. (11/18/PEC)
|
Bill No. 382
By-law No. Z.-1-132222
|
A by-law to amend Section 2 – (Definitions)
and Section 33 (Neighbourhood Facility) (NF) Zone of By-law No. Z.-1.
(13/18/PEC)
|
Bill No. 383
By-law No. Z.-1-132223
|
A by-law to amend By-law No. Z.-1 Section
4.21 by adding the road allowance for south extension to Veterans Memorial
Parkway. (15/18/PEC)
|
Bill No. 384
By-law No. Z.-1-132224
|
A by-law to amend By-law No. Z.-1 Section
4.21 by adding, deleting and replacing the road allowance for various
streets. (16/18/PEC)
|
Bill No. 385
By-law No. D.-768-283
|
By-Law to authorize the borrowing upon
installment debentures in the aggregate principal amount of $50,000,000.00
towards the cost of certain capital works of The Corporation of the City of
London. (1/23/CSC)
|
Bill No. 386
By-law No. Z.-1-132225
|
A by-law to amend By-law No. Z.-1 to rezone
an area of land located at 982 Gainsborough
Road. (17/18/PEC)
|
Bill No. 387
By-law No. Z.-1-132226
|
A by-law to amend By-law No. Z.-1 to rezone
an area of land located at 3130 and 3260
Dingman Drive and the rear portion of 4397/4407 Wellington Road South.
(4/18/PEC)
|
Bill No. 388
By-law No. A.-7011-282
|
A By-law to approve the Municipality
Contribution Agreement between The Corporation of the City of London and the
Ontario Lottery and Gaming Corporation; and to authorize the Mayor and City
Clerk to execute the Municipality Contribution Agreement. (7/9/IEPC)
|
Bill No. 389
By-law No. A.-7012-284
|
A by-law to delete and replace Council
Policy 1(10) entitled “Race Relations Recognition Award” with a new policy
entitled “Diversity, Race Relations and Inclusivity Award”. (14/13/SPSC)
|
XIV
|
ADJOURNMENT
|
Motion made by Councillor J.L. Baechler and
seconded by Councillor S. Orser to Adjourn.
Motion Passed
The meeting adjourns at 10:16 PM.
_________________________________
Joe
Fontana, Mayor
_________________________________
Catharine
Saunders, City Clerk