Planning and Environment Committee

Report

The 19th Meeting of the Planning and Environment Committee
-
Virtual Meeting - during the COVID-19 Emergency
City Hall is open to the public, with reduced capacity and physical distancing requirements.
Meetings can be viewed via live-streaming on YouTube and the City website.
PRESENT:
  • Councillor M. Cassidy (Chair),
  • J. Helmer,
  • A. Hopkins,
  • S. Turner,
  • A. Kayabaga,
  • and Mayor E. Holder
ALSO PRESENT:
  • H. Lysynski, L. Morris, J. Raycroft, C. Saunders, E. Skalski, J.W. Taylor and B. Westlake-Power

     

    Councillors S. Hillier, S. Lehman and S. Lewis; J. Adema, A. Anderson, G. Barrett, G. Belch, M. Corby, D. Cunningham (Captioner), M. Fabro, M. Feldberg, K. Gonyou, G. Kotsifas, J. Lee, T. Macbeth, B. Morin, C. Parker, M. Pease,  A. Riley, M. Tomazincic and P. Yeoman

    The meeting is called to order at 4:02 PM, with Councillor M. Cassidy in the Chair, Councillor S. Turner present and all other Members participating by remote attendance.


  • That it BE NOTED that no pecuniary interests were disclosed.




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

    That Items 2.1 to 2.4, inclusive, BE APPROVED.


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


    Motion Passed (5 to 0)
  • Moved by:S. Turner
    Seconded by:A. Hopkins

    That, on the recommendation of the Director, City Planning and City Planner, the staff report dated November 30, 2020 entitled "ReThink Zoning Update" BE RECEIVED for information.




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

    That, on the recommendation of the Director, City Planning and City Planner, the staff report dated November 30, 2020 entitled "London Plan Monitoring" BE RECEIVED for information.




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

    That, on the recommendation of the Director, City Planning and City Planner, with the advice of the Heritage Planner, the following actions be taken with respect to Bill 108 and Regulations, Amendments to the Ontario Heritage Act – Process Implications:


    a) the staff report dated November 30, 2020 entitled “Bill 108 and Regulations, Amendments to the Ontario Heritage Act – Process Implications”, and the comments appended to the staff report dated November 30, 2020 as Appendix “A” on the Proposed Regulation under the Ontario Heritage Act (Bill 108) BE RECEIVED for information; it being noted that the staff report will be forwarded to the London Advisory Committee on Heritage for their information; it being further noted that the comments noted above have been submitted to the Environmental Registry of Ontario; and,


    b) the Civic Administration BE DIRECTED to take the necessary steps in anticipation of the proclamation of amendments to the Ontario Heritage Act in Bill 108, including, but not limited to, preparing terms of reference for Cultural Heritage Evaluation Reports, Heritage Impact Assessments, and complete application requirements.




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

    That, on the recommendation of the Director, City Planning and City Planner, the staff report dated November 30, 2020 entitled "London Plan - Appeals and LPAT Hearing Update" BE RECEIVED for information.




    Motion Passed
  • Moved by:S. Turner
    Seconded by:E. Holder

    That, on the recommendation of the Director, Development Services, the following actions be taken with respect to the application by Auburn Developments Ltd., relating to portions of the lands located at 1284 and 1388 Sunningdale Road West:

    a) the proposed by-law appended to the staff report dated November 30, 2020 BE INTRODUCED at the Municipal Council meeting to be held on December 8, 2020 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Residential R1 Special Provision (R1-3(8)) Zone and Holding Residential R6/Neighbourhood Facility (h-71*h-95*h-109*R6-3/NF1) Zone TO a Holding Residential R1/R5/R6 (h-71*h-95*h-109*R1-3/R5-7/R6-3) Zone; FROM an Open Space (OS1) Zone TO a Holding Residential R1 (h*h100*R1-5) Zone; FROM a Holding Residential R1 Special Provision (h*h-100*R1-3(8)) Zone TO a Holding Residential R1/R4 Special Provision (h*h-100*R1-3(8)/R4-6(*)) Zone; FROM a Holding Residential R6 (h*h-54*h-71*h-95*h-100*R6-5) Zone TO a Holding Residential R1/R4/R6 (h*h-54*h-71*h-95*h-100*R1-1/R4-6(*)/R6-5) Zone; and FROM a Holding Residential R6/R7/R8 (h*h-54*h-71*h-95*h-100*R6-5/R7*h15*D75/R8*H15*D75) TO a Holding Residential R4/R6/R7/R8 Special Provision (h*h-54*h-71*h-95*h-100*R4-6(*)/R6-5/R7*h15*D75/R8*H15*D75) Zone;

     

    b) the Civic Administration BE ADVISED that the Municipal Council supports the proposed red-line revisions to the draft-approved plan of subdivision as submitted by Auburn Developments Ltd., prepared by Stantec Consulting Ltd. (Drawing No. 1, Project No. 161403100 dated April 30, 2020), which shows the extension of Shields Place, removal of the Walkway Block (previously block 41), Park Block (previously Block 40) and property realignment between blocks 19 and 20 (previously blocks 20, 21) and property realignment between blocks 15 and 16 SUBJECT TO the conditions contained in Appendix ‘A-2’ appended to the staff report dated November 30, 2020; and,

     

    c) the Approval Authority BE ADVISED that issues were raised at the public meeting with respect to the proposed red-line revisions to the draft plan of subdivision for Kent Subdivision, as submitted by Auburn Development Limited relating to the relocation of the parkland;

     

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

     

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

     

    • the recommended zoning amendments and revisions to draft plan of subdivision are considered appropriate and consistent with the Provincial Policy Statement;
    • the proposed and recommended amendments conform to the in-force policies of The London Plan, including but not limited the policies of the Neighbourhoods Place Type
    • the proposed and recommended amendments conform to the policies of the (1989) Official Plan, specifically Low Density Residential and Multi-Family, Medium Density Residential; and,
    • the zoning and red-line revisions as proposed are compatible and in keeping with the character of the existing neighbourhood.


    Yeas: (5)A. Kayabaga, E. Holder, M. Cassidy, A. Hopkins, and S. Turner
    Nays: (1)J. Helmer


    Motion Passed (5 to 1)

    Additional Votes:


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

    Motion to open the public participation meeting.


    Yeas: (6)A. Kayabaga, E. Holder, J. Helmer, M. Cassidy, A. Hopkins, and S. Turner


    Motion Passed (6 to 0)
  • Moved by:E. Holder
    Seconded by:A. Kayabaga

    Motion to close the public participation meeting.


    Yeas: (6)A. Kayabaga, E. Holder, J. Helmer, M. Cassidy, A. Hopkins, and S. Turner


    Motion Passed (6 to 0)
  • Moved by:E. Holder
    Seconded by:J. Helmer

    That, on the recommendation of the Director, Development Services, the following actions be taken with respect to the application by 1830145 Ontario Limited, relating to the property located at 1761 Wonderland Road North:


    a) the proposed by-law appended to the staff report dated November 30, 2020 as Appendix “A" BE INTRODUCED at the Municipal Council meeting to be held on on December 8, 2020 to amend the Official Plan for the City of London (1989) to ADD a policy to Section 10.1.3 – “Policies for Specific Areas” to permit a mixed-use commercial/residential apartment building within the Neighbourhood Commercial Node designation having a maximum residential density of 226 units/ha;

     

    b) the proposed by-law appended to the staff report dated November 30, 2020 as Appendix “B" BE INTRODUCED at the Municipal Council meeting to be held on December 8, 2020 to amend The London Plan to ADD a new policy to the Specific Policies for the Shopping Area Place Type to permit a mixed-use commercial/residential apartment building having a maximum height of 63 metres, 17 storeys, exclusive of the mechanical penthouse, and by ADDING the subject lands to Map 7 - Specific Area Policies – of The London Plan;

     

    it being noted that the amendments will come into full force and effect concurrently with Map 7 of the London Plan;

     

    c) the proposed by-law appended to the staff report dated November 30, 2020 as Appendix "C" BE INTRODUCED at the Municipal Council meeting to be held on December 8, 2020 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in parts a) and b) above), to change the zoning of the subject property FROM a holding Neighbourhood Shopping Area Special Provision (h-17•h-103•NSA5(5)) Zone TO a holding Neighbourhood Shopping Area Special Provision Bonus (h-17•h-103•NSA5(5)/NSA3*B( )) Zone;


    the Bonus Zone shall be implemented through one or more agreements to facilitate the development of a high quality mixed-use commercial/residential apartment building with a maximum density of 226 units per hectare and a maximum height of 63 metres (17-storeys) which substantially implements the Site Plan and Elevations appended to the staff report dated November 30, 2020 as Schedule “1” to the amending by-law in return for the following facilities, services and matters:


    i)  Provision of Affordable Housing including:

    A) a total of twelve (12) one-bedroom units, including a maximum of two (2) accessible one-bedroom units, established by agreement not exceeding 85% of the CMHC Average Market Rent (AMR) for a duration for affordability set at 50 years from initial occupancy;

    ii) a high quality development which substantially implements the site plan and elevations in Schedule “1” appended to the staff report dated November 30, 2020 to the amending by-law:


    Building Design

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

    Underground Parking
    A) underground Parking Structure parking provided to reduce surface parking areas (a minimum of 189 subsurface spaces provided);

     

    Outdoor Amenity and Landscaping

    A) common outdoor amenity area to be provided in the northeast quadrant of the site; and rooftop terraces above the 4th, 16th and 17th floors;
    B) landscape enhancements beyond City design standards, including theme lighting and public seating at strategic locations;
    C) large caliper boulevard trees planted with a minimum 100m caliper and a minimum distance of 10m between tree planting for the extent of the Wonderland Road North frontage; and,
    D) landscape plans for common outdoor amenity areas to incorporate hard landscape elements and drought resistant landscaping to reduce water consumption;


    Sustainability
    A) four electric vehicle charging stations within the publically accessible surface parking area, as well as 16 charging stations within the parking garage; and,
    B) dedicated areas for bicycle parking along the Wonderland Road North frontage (with convenient access to building entrances). Secure bicycle storage within the structured parking facility. Walkway connections from the tower podium and surface parking filed to provide connectivity to Wonderland Road North bike lanes;


    iii) Public Transit
    A) the financial contribution of funding towards construction of transit shelters in close proximity to Wonderland Road North/Fanshawe Park Road West intersection in the amount of $10,000 to promote bus ridership;

     

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

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

    • the recommended amendment is consistent with the Provincial Policy Statement, 2020, which encourages the regeneration of settlement areas and land use patterns within settlement areas that provide for a range of uses and opportunities for intensification and redevelopment. The PPS directs municipalities to permit all forms of housing required to meet the needs of all residents, present and future;
    • the recommended amendment conforms to the in force policies of the 1989 Official Plan;
    • the recommended amendment conforms with the in force policies of The London Plan, including but not limited to the Key Directions, Homelessness Prevention and Housing policies, and City Design policies;
    • the revised proposal for a mixed-use development with 1,200m2 of commercial (double the amount of the original proposal) and 228 residential units is consistent with the planned function of the commercial node and the planned commercial function intended by policy;
    • the proposed density and height of the residential component within this proposed commercial development meets the criteria for specific area policies in both the 1989 Official Plan and The London Plan;
    • the recommended amendment facilitates the development of 12 affordable housing units that will help in addressing the growing need for affordable housing in London. The recommended amendment is in alignment with the Housing Stability Action Plan 2019-2024 and Strategic Area of Focus 2: Create More Housing Stock; and,
    • the recommended bonus zone for the subject site will provide public benefits that include affordable housing units, barrier-free and accessible design, transit supportive development, and a quality design standard to be implemented through a subsequent public site plan application.


    Yeas: (5)A. Kayabaga, E. Holder, J. Helmer, M. Cassidy, and A. Hopkins
    Nays: (1)S. Turner


    Motion Passed (5 to 1)

    Additional Votes:


  • Moved by:A. Hopkins
    Seconded by:A. Kayabaga

    Motion to open the public participation meeting.


    Yeas: (6)A. Kayabaga, E. Holder, J. Helmer, M. Cassidy, A. Hopkins, and S. Turner


    Motion Passed (6 to 0)
  • Moved by:E. Holder
    Seconded by:A. Hopkins

    Motion to close the public participation meeting.


    Yeas: (6)A. Kayabaga, E. Holder, J. Helmer, M. Cassidy, A. Hopkins, and S. Turner


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

    That, on the recommendation of the Director, City Planning and City Planner, based on the application by The Corporation of the City of London, relating to Protected Major Transit Station Areas (PMTSAs), the proposed by-law appended to the staff report dated November 30, 2020 BE INTRODUCED at the Municipal Council meeting to be held on December 8, 2020 to amend The London Plan, 2016 TO ADD new policies and a map pertaining to Protected Major Transit Station Areas and the by-law BE FORWARDED to the Minister of Municipal Affairs and Housing for approval;

     

    it being noted that in accordance with the Planning Act, the Ministry of Municipal Affairs and Housing is the approval authority for official plan amendments with respect to PMTSAs;

     

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

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

    • the recommended amendment is consistent with the Provincial Policy Statement, 2020, as it supports transit-supportive development and intensification in close proximity to existing or planned transit corridors or stations;
    • the recommended amendment conforms with the Planning Act, as it addresses the requirements set out in the legislation for PMTSAs, such as a minimum number of residents and jobs per hectare, permitted uses, and minimum densities’
    • the recommended amendment is supportive of the policies in the London Plan, particularly those for the Downtown, Transit Village, and Rapid Transit Corridor Place Types; and,
    • the recommended amendment will support the implementation of the higher order transit system and Council’s approved city structure by directing more intensity and mix of uses close to the approved higher order transit stations in the 2019 Rapid Transit Environmental Project Report.


    Yeas: (6)A. Kayabaga, E. Holder, J. Helmer, M. Cassidy, A. Hopkins, and S. Turner


    Motion Passed (6 to 0)

    Additional Votes:


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

    Motion to open the public participation meeting.


    Yeas: (6)A. Kayabaga, E. Holder, J. Helmer, M. Cassidy, A. Hopkins, and S. Turner


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

    Motion to close the public participation meeting.


    Yeas: (6)A. Kayabaga, E. Holder, J. Helmer, M. Cassidy, A. Hopkins, and S. Turner


    Motion Passed (6 to 0)
  • Moved by:J. Helmer
    Seconded by:A. Hopkins

    That, on the recommendation of the Director, City Planning & City Planner, based on the application by Bruce Sworik (1625993 Ontario Limited), relating to the property located at 820 Cabell Street, the proposed by-law appended to the staff report dated November 30, 2020  BE INTRODUCED at the Municipal Council meeting to be held on December 8, 2020 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Light Industrial (LI1) Zone TO a Light Industrial Special Provision (LI2( )) Zone to permit the existing marijuana growing and processing facility and to allow up a maximum of 400 square metres of ancillary retail uses within the existing building;

     

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

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

    • the requested change from an LI1 to an LI2 Zone is consistent with the Provincial Policy Statement which encourages retention and re-use of older industrial uses by providing for a broader range of low impact industrial uses in close proximity to an existing residential area. The recommended zone also conforms with the Light Industrial Place Type of the London Plan and the Light Industrial designation in the 1989 Official Plan; and,
    • the increase in the permitted floor area for ancillary retail uses is also consistent with the PPS, and conforms with the London Plan and the 1989 Official Plan. Policies in each of these documents prioritize the protection of industrial areas, and the recommended zoning will support industrial uses by permitting retail sales related to those permitted uses.


    Yeas: (6)A. Kayabaga, E. Holder, J. Helmer, M. Cassidy, A. Hopkins, and S. Turner


    Motion Passed (6 to 0)

    Additional Votes:


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

    Motion to open the public participation meeting.


    Yeas: (6)A. Kayabaga, E. Holder, J. Helmer, M. Cassidy, A. Hopkins, and S. Turner


    Motion Passed (6 to 0)
  • Moved by:A. Hopkins
    Seconded by:E. Holder

    Motion to close the public participation meeting.


    Yeas: (6)A. Kayabaga, E. Holder, J. Helmer, M. Cassidy, A. Hopkins, and S. Turner


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

    That, on the recommendation of the Director, City Planning and City Planner, the following actions be taken with respect to the Official Plan and Zoning By-law review relating to additional residential units:


    a) the proposed by-law appended to the staff report dated November 30, 2020 as Appendix "A" BE INTRODUCED at the Municipal Council meeting to be held on December 8, 2020 to amend the London Plan to add new policies to permit additional residential units in any single detached, semi-detached or street townhouse dwelling unit in accordance with recent changes to the Planning Act;

    b) the proposed by-law appended to the staff report dated November 30, 2020 as Appendix "B" BE INTRODUCED at the Municipal Council meeting to be held on December 8, 2020 to amend the Official Plan for the City of London (1989) to add new policies to permit additional residential units in any single detached, semi-detached or street townhouse dwelling unit in accordance with recent changes to the Planning Act;

    c) the proposed by-law appended to the staff report dated November 30, 2020 as Appendix "C" BE INTRODUCED at the Municipal Council meeting to be held on December 8, 2020 to amend Zoning By-law No. Z.-1, (in conformity with the amendments above), to add a new definition for additional residential units and to add new regulations to allow up to two additional residential units in in the primary residential unit and in an accessory building; and,

    d) the Civic Administration BE DIRECTED to implement required changes to the Residential Rental Unit Licensing By-law to address Additional Residential Units;

     

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

     

    • a communication from A. Waz;
    • a communication from C. Thompson;
    • a communication dated November 24, 2020 from J. Wates;
    • communications dated November 26, 2020 from A.M. Valastro; and, 
    • a communication dated November 26, 2020 from K. Owen, St. George Grosvenor Neighbourhood Association;

     

     

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

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

    • Policy 1.4.3 of the Provincial Policy Statement requires that the City plan for an appropriate mix of housing types and densities and permit, where appropriate “all forms of residential intensification, including additional residential units”;
    • Bill 108 (More Homes, More Choices Act, 2019) amended the Planning Act to require that municipalities adopt policies in their Official Plans to provide for additional residential units;
    • The London Plan includes policies to direct residential intensification. The proposed London Plan, 1989 Official Plan and Zoning By-law amendments to permit additional residential units contribute to the objective of promoting appropriate residential intensification; and,
    • the recommended amendments result in consistency in terms of language, policies and regulations between the Provincial Policy Statement (2020), the Planning Act, London Plan, 1989 Official Plan, and Zoning By-law Z-1.


    Yeas: (6)A. Kayabaga, E. Holder, J. Helmer, M. Cassidy, A. Hopkins, and S. Turner


    Motion Passed (6 to 0)
  • Moved by:J. Helmer
    Seconded by:S. Turner

    Motion to open the public participation meeting.


    Yeas: (6)A. Kayabaga, E. Holder, J. Helmer, M. Cassidy, A. Hopkins, and S. Turner


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

    Motion to close the public participation meeting.


    Yeas: (6)A. Kayabaga, E. Holder, J. Helmer, M. Cassidy, A. Hopkins, and S. Turner


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

    That, the following actions be taken with respect to the phasing out of Ontario's gas fired power plants:

     

    a)  E. Wyatt, Ontario Clean Air Alliance, BE GRANTED delegation status with respect to the phasing out of Ontario's gas fired power plants; and,  (See attached presentation.)

     

    b) the Civic Administration BE REQUESTED to review the proposed request from E. Wyatt, Ontario Clean Air Alliance, to determine how it aligns with the Climate Emergency Action Plan and to report back at a future Planning and Environment Committee meeting.


    Yeas: (6)A. Kayabaga, E. Holder, J. Helmer, M. Cassidy, A. Hopkins, and S. Turner


    Motion Passed (6 to 0)

    Additional Votes:


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

    Motion to grant E. Wyatt, Ontario Clean Air Alliance, delegation status with respect to the phasing out of Ontario's gas fired power plants.


    Yeas: (6)A. Kayabaga, E. Holder, J. Helmer, M. Cassidy, A. Hopkins, and S. Turner


    Motion Passed (6 to 0)
  • The meeting adjourned at 7:04 PM.