Planning and Environment Committee

Report

Meeting #:	The 11th Meeting of the Planning and Environment Committee
Date:	Tuesday, June 04, 2019 at 4:00 P.m. - 5:00 P.m.
Location:	Council Chambers

PRESENT:

• Councillors A. Hopkins (Chair),
• M. Cassidy,
• P. Squire,
• and S. Turner

ABSENT:

• J. Helmer
• and Mayor E. Holder

ALSO PRESENT:

• Councillor A. Kayabaga; A. Anderson, G. Barrett, M. Feldberg, K. Gowan, P. Kokkoros, G. Kotsifas, H. Lysynski, J. MacKay, M. Pease, L. Pompilii, M. Ribera, C. Saunders, M. Tomazincic, S. Wise and P. Yeoman

   

   

  The meeting was called to order at 4:02 PM

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1.

Disclosures of Pecuniary Interest

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

  
  
  
  

2.

Consent

• Moved by: P. Squire
  Seconded by: S. Turner

  That Items 2.1 and 2.2, inclusive, BE APPROVED.

  
  

  Yeas: (4)	M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and J. Helmer

  
  Motion Passed (4 to 0)

2.1

5th Report of the Trees and Forests Advisory Committee

• Moved by: P. Squire
  Seconded by: S. Turner

  That the 5th Report of the Trees and Forests Advisory Committee, from its meeting held on May 22, 2019 BE RECEIVED for information.

  
  
  
  Motion Passed

2.2

Building Division Monthly Report for April 2019

• Moved by: P. Squire
  Seconded by: S. Turner

  That the Building Division Monthly Report for the month of April, 2019 BE RECEIVED for information. (2019-A23)

  
  
  
  Motion Passed

3.

Scheduled Items

3.1

Delegation - S. Levin, Chair, Environmental and Ecological Planning Advisory Committee - 6th Report of the Environmental and Ecological Planning Advisory Committee

• Moved by: M. Cassidy
  Seconded by: P. Squire

  That, the following actions be taken with respect to the 6th Report of the Environmental and Ecological Planning Advisory Committee, from its meeting held on May 16, 2019:

  a)            the Working Group comments appended to the 6th Report of the Environmental and Ecological Planning Advisory Committee, relating to the Parks and Recreation Master Plan BE FORWARDED to the Civic Administration for consideration; it being noted that the Environmental and Ecological Planning Advisory Committee has submitted the comments to the Civic Administration in order to meet their deadline;

   

  b)            the following actions be taken with respect to the property located at 905 Sarnia Road:

   

  i)             the Civic Administration BE REQUESTED to consider continuing the monitoring of the relocated wetland;

  ii)            the Civic Administration BE ASKED to develop a cost estimate for the above-noted proposed continued monitoring and provide it to the Chair of the Environmental and Ecological Planning Advisory Committee who will approach possible donors to pay the City the cost of the ongoing monitoring; it being noted that this would be similar to the arrangements to pay the consulting costs of the Environmental Management Guidelines; and,

  iii)           the Chair and members of the Environmental and Ecological Planning Advisory Committee BE AUTHORIZED to seek donations to assist in funding an on-going monitoring;

   

  c)            the revised Working Group comments appended to the 6th Report of the Environmental and Ecological Planning Advisory Committee, relating to the properties located at 1176, 1200 and 1230 Hyde Park Road and a portion of 1150 Gainsborough Road BE FORWARDED to the Civic Administration for consideration;

   

  d)            the Working Group comments appended to the 6th Report of the Environmental and Ecological Planning Advisory Committee, relating to the properties located at 1938 and 1964 Commissioners Road East and a portion of 1645 Hamilton Road (Victoria on the River subdivision Phase 6), BE FORWARDED to the Civic Administration for consideration;

   

  e)          the Civic Administration BE REQUESTED to consider including funding for a Conservation Master Plan, for the East Lambeth Forest Environmentally Significant Area as part of the Lambeth Area Community Improvement Plan (CIP), in order to create trails consistent with City guidelines; it being noted that one of the goals of the CIP is "Enhancing & Conserving Natural Heritage: Natural features and systems are a defining feature of Lambeth and are enhanced, conserved and celebrated.";

   

  f)             the following recommendations with respect to the Notice of Planning application dated May 6, 2019, relating to the property located at 9345 Elviage Drive, from L. Mottram, Senior Planner BE CONSIDERED prior to the removal of the holding provision:

   

  i)             invasive species, including phragmites, be removed from the property;

  ii)            the buffer be restored with native species;

  iii)           the owner be asked to ensure the buffer is demarcated and maintained in its natural state, post-restoration; and,

  iv)           in addition to the requirements listed in the report from BioLogic, no refueling take place in the Tree Protection Zone;

   

  g)           the following actions be taken with respect to the communication from Ontario Nature, “Save Ontario Species”:

   

  i)          the Municipal Council BE ADVISED that Schedule 5 of Bill 108, the proposed More Homes, More Choices Act:  Amendments to the Planning Act, is contrary to London's Strategic Plan and the recently declared London Climate Change Emergency; and,

  ii)         the Municipal Council BE REQUESTED to express these concerns to the provincial government;

   

  h)           the following actions be taken with respect to the Working Group draft relating to "A Wetland Conservation Strategy for London – A Discussion Paper on Best Practices":

   

  i)             the above-noted draft document BE REFERRED to the Civic Administration for review as part of the forthcoming update to the Council approved Environmental Management Guidelines; and,

  ii)            the Working Group BE COMMENDED and BE CONGRATULATED for their work on this project;

   

  i)             the following actions be taken with respect to the One River Environmental Assessment River Characterization Study and Hydraulic Modelling:

   

  i)             the Municipal Council BE ADVISED that the Environmental and Ecological Planning Advisory Committee supports the staff recommended preferred Option for the Springbank Dam; and,

  ii)            the Municipal Council BE ADVISED that the Environmental and Ecological Planning Advisory Committee has concerns with the impacts to the natural features and functions caused by the proposed pathway between McKillop Park and Springbank Park included in the River Management section; and,

   

  j)              clauses 1.1, 3.1 to 3.7, inclusive, 4.3, 5.2 and 6.2 BE RECEIVED for information;

   

  it being noted that the Planning and Environment Committee heard a verbal delegation from S. Levin, Chair, Environmental and Ecological Planning Advisory Committee (EEPAC), with respect to the 6th Report of the Environmental and Ecological Planning Advisory Committee.

  
  

  Yeas: (4)	M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and J. Helmer

  
  Motion Passed (4 to 0)

3.2

Public Participation Meeting - Application - 180 Villagewalk Boulevard - Draft Plan of Vacant Land Condominium and Zoning By-law Amendment - 39CD-19505/SPA 18-139

• Moved by: S. Turner
  Seconded by: M. Cassidy

  That, on the recommendation of the Director, Development Services, the following actions be taken with respect to the application by Graystone Custom Homes Ltd., relating to the property located at 180 Villagewalk Boulevard:

  a)            the Approval Authority BE ADVISED that no issues were raised at the public participation meeting with respect to the application for Draft Plan of Vacant Land Condominium by Graystone Custom Homes Ltd., relating to lands located at 180 Villagewalk Boulevard;

   

   

  b)            the Approval Authority BE ADVISED that no issues were raised at the public participation meeting with respect to the application for Site Plan Approval by Graystone Custom Homes Ltd., relating to lands located at 180 Villagewalk Boulevard; and,

   

   

   

  c)            the Approval Authority BE ADVISED that the Municipal Council has no issues with respect to the Site Plan Application and supports the Site Plan Application;

   

  it being pointed out that at the public participation meeting associated with these matters, the individual indicated on the attached public participation meeting record made an oral submission regarding these matters.     (2019-D09/D07)

  
  

  Yeas: (4)	M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and J. Helmer

  
  Motion Passed (4 to 0)

  Additional Votes:

  
  
• Moved by: M. Cassidy
  Seconded by: S. Turner

  Motion to open the public participation meeting.

  
  

  Yeas: (4)	M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and J. Helmer

  
  Motion Passed (4 to 0)
• Moved by: S. Turner
  Seconded by: M. Cassidy

  Motion to close the public participation meeting.

  
  

  Yeas: (4)	M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and J. Helmer

  
  Motion Passed (4 to 0)

3.3

Public Participation Meeting - Application - 1170 Wellington Road (Z-9013)

• Moved by: S. Turner
  Seconded by: M. Cassidy

  That, on the recommendation of the Director, Development Services,  based on the application by WLR Capital Inc., c/o Zelinka Priamo Ltd., relating to the property located at 1170 Wellington Road, the proposed by-law appended to the staff report dated June 4, 2019 BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2019 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Highway Service Commercial (HS1/HS4) Zone TO an Associated Shopping Area Commercial/Highway Service Commercial (ASA1/ASA2/ASA3/ASA4/HS1/HS4) Zone;

   

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

   

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

   

  •              the recommended amendment is consistent with the Provincial Policy Statement 2014;

  •              the recommended amendment conforms to the ’89 Official Plan policies and the permitted uses policies of the Rapid Transit Corridor Place Type in The London Plan;

  •              the recommended amendment provides additional uses that are appropriate and compatible with the surrounding area and provides an increased opportunity to effectively utilize the proposed multi-use building on the rear portion of the subject lands; and,

  •              the existing, proposed building and on-site parking are capable of supporting the requested commercial type uses without resulting in any negative impacts on the abutting lands.    (2019-D09)

  
  

  Yeas: (4)	M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and J. Helmer

  
  Motion Passed (4 to 0)

  Additional Votes:

  
  
• Moved by: S. Turner
  Seconded by: M. Cassidy

  Motion to open the public participation meeting.

  
  

  Yeas: (4)	M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and J. Helmer

  
  Motion Passed (4 to 0)
• Moved by: P. Squire
  Seconded by: S. Turner

  Motion to close the public participation meeting.

  
  

  Yeas: (4)	M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and J. Helmer

  
  Motion Passed (4 to 0)

3.4

Public Participation Meeting - Application - 3087 White Oak Road - 39T-18505 (Z-8980)

• Moved by: P. Squire
  Seconded by: A. Hopkins

  That, on the recommendation of the Director, Development Services, the following actions be taken with respect to the application by Whiterock Village Inc., relating to the property located at 3087 White Oak Road (legally described as Adams St PL 643 London; Reserve PL 643 London; PT LT 31 CON 2 London; PT LT 5 PL 643 London; PT Reserve B PL 643 London PT 1, 2, 3, 4, 5, 6, 7, 33R3762; London:

   

  a)            the proposed by-law appended to the staff report dated June 4, 2019 BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2019 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM an Urban Reserve (UR4) Zone and a Residential R1 (R1-10) Zone TO a holding Residential R1 Special Provision (h*h100*h-161*R1-3(*)) Zone; a holding Residential R1 Special Provision (h*h100*h-161*h-__*R1-3(*)) Zone; a holding Residential R1 Special Provision (h*h100*h-161*R1-3(**)) Zone; a holding Residential R6 Special Provision (h*h-71*h-100*h-161*h-__*R6-5(*)) Zone; a holding Residential R6 Special Provision/Residential R8 Special Provision Bonus (h*h-71*h-100*h-161*h-__*R6-5(**)/R8-4(**)*B-__) Zone; a holding Urban Reserve Special Provision (h-94*UR4(*))  Zone; and an Urban Reserve Special Provision (UR4(**))  Zone;

   

  it being noted that the following holding provisions have also been applied:

   

  •              (h) holding provision - to ensure that there is orderly development through the execution of a subdivision agreement and the provision of adequate securities;

  •              (h-71) holding provision – to encourage street oriented development;

  •              (h-94) holding provision – to ensure there is a consistent lotting pattern, the holding provision shall not be deleted until adjacent lands have been consolidated;

  •              (h-100) holding provision – to ensure there is adequate water service and appropriate access, a looped watermain system must be constructed and a second access must be available, permitting a maximum of 80 residential units;

  •              (h-161) holding provision – to ensure the proposed stormwater management system is constructed and operational;

  •              (h-__) new holding provision – to ensure the existing sanitary forcemain traversing the site has been appropriately relocated;

   

  the B-(_) Bonus Zone shall be implemented through one or more agreements to provide for a maximum apartment building height of 4 storeys or 16m (52.4ft) with an increased density of up to 79 units per hectare in return for the provision of the following facilities, services and matters:

   

  i)             a high quality development which substantially implements the Site Plan, Concept Landscape Plan, and Elevations appended to the staff report dated June 4, 2019 as Schedule “1” to the amending by-law;

   

  b)            the Approval Authority BE ADVISED that the following issues were raised at the public participation meeting with respect to the application for draft plan of subdivision of Whiterock Village Inc., relating to a property located at 3087 White Oak Road:

   

  i)              traffic control measures to be implemented at the intersection of Southdale Road and the new cross road;

  ii)            traffic measures proposed for the extension of Bateman Trail where it intersects with White Oak Road;

  iii)           the potential removal of trees along the fence line;

  iv)           the speed limits along White Oak Road;

  v)            difficulty turning left onto White Oak Road; and,

  vi)           turning this area into a residential neighbourhood yet continuing to provide for an arterial road like roads adjacent to the neighbourhood;

  vii)  speeding cars not stopping for a stopped bus letting children off the bus;

  viii)   concerns with drainage if the proposed properties are built higher than the existing properties;

  ix)   requesting that any fencing be installed prior to construction commencing;

  x)  concern with the size of the proposed new lots as the City of London had previously promised existing homeowners that the new lots would be equal or greater in size than the existing lots;

  xi)  Canada Post advising existing homeowners that they are cancelling their mail delivery as it is dangerous to the postal workers; and,

  xii)  concern with the height of the proposed apartment building;

   

   

  c)         the Approval Authority BE ADVISED that the Municipal Council supports issuing draft approval of the proposed residential plan of subdivision, submitted by Whiterock Village Inc., File No. 39T-18505, prepared by Development Engineering File No DEL16-038, October 24, 2018, as red-line amended, which shows a draft plan of subdivision consisting of 72 single detached dwelling lots, two (2) medium density residential blocks, and the extension of four (4) existing streets, SUBJECT TO the conditions contained in Appendix "B" appended to the staff report dated June 4, 2019;

   

  d)         the Approval Authority BE REQUESTED to address the issues raised at the meeting and noted in b) above;

   

   

  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 draft plan and zoning amendments are consistent with the Provincial Policy Statement (PPS), 2014, which promotes a compact form of development in strategic locations to minimize land consumption and servicing costs and provide for a range of housing types and densities to meet projected requirements of current and future residents;

  •              the recommended draft plan and zoning amendments will facilitate an appropriate form of low and medium density residential development that conforms to The London Plan, the 1989 Official Plan, the Southwest Area Secondary Plan and the North Longwoods Area Plan policies; 

  •              the recommended Bonus Zone will allow for an increase to the height and density of a medium density block which provides for a commensurate increase in density and height in return for enhanced building and landscape design; and,

  the draft plan design is appropriate for the site, compatible with abutting land uses and makes efficient use of the existing services and infrastructure available in this area.     (2019-D09)

  
  

  Yeas: (4)	M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and J. Helmer

  
  Motion Passed (4 to 0)

  Additional Votes:

  
  
• Moved by: M. Cassidy
  Seconded by: P. Squire

  Motion to open the public participation meeting.

  
  

  Yeas: (4)	M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and J. Helmer

  
  Motion Passed (4 to 0)
• Moved by: S. Turner
  Seconded by: M. Cassidy

  Motion to close the public participation meeting.

  
  

  Yeas: (4)	M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and J. Helmer

  
  Motion Passed (4 to 0)

3.5

Public Participation Meeting - Repeal of Building By-law B-6 and Proposed Building By-law B-7

• Moved by: M. Cassidy
  Seconded by: P. Squire

  That on the recommendation of the Managing Director, Development and Compliance Services & Chief Building Official, the proposed by-law appended to the staff report dated June 4, 2019, being “A By-law to provide for the construction, demolition, change of use, occupancy permits, transfer of permit and inspection and to repeal By-law B-6, as amended.” BE INTRODUCED at the Municipal Council Meeting to be held on June 11, 2019;

  it being pointed out that the Planning and Environment Committee reviewed and received a communication dated May 30, 2019, from M. Wallace, Executive Director, London Development Institute, with respect to this matter;

  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.   (2019-C01A)

  
  

  Yeas: (4)	M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and J. Helmer

  
  Motion Passed (4 to 0)

  Additional Votes:

  
  
• Moved by: P. Squire
  Seconded by: M. Cassidy

  Motion to open the public participation meeting.

  
  

  Yeas: (4)	M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and J. Helmer

  
  Motion Passed (4 to 0)
• Moved by: M. Cassidy
  Seconded by: P. Squire

  Motion to close the public participation meeting.

  
  

  Yeas: (4)	M. Cassidy, P. Squire, A. Hopkins, and S. Turner
  Absent: (2)	E. Holder, and J. Helmer

  
  Motion Passed (4 to 0)

4.

Items for Direction

4.1

M. Rivard, Stantec - Application - 123 Queens Avenue - Demolition Request Extension

• Moved by: P. Squire
  Seconded by: S. Turner

  That, the applicant BE ADVISED that pursuant to Section 42(4) of the Ontario Heritage Act, the Municipal Council approves the request for an extension until July 31, 2019, relating to the Demolition Permit application for the property located at 123 Queens Avenue to allow the Structural Engineering firm, VanBoxmeer & Stranges Engineering Limited, an opportunity to conduct a structural assessment of the subject property.   (2019-P10D/R01)

  
  

  Yeas: (3)	P. Squire, A. Hopkins, and S. Turner
  Absent: (3)	E. Holder, J. Helmer, and M. Cassidy

  
  Motion Passed (3 to 0)

5.

Deferred Matters/Additional Business

5.1

Deferred Matters List

• Moved by: P. Squire
  Seconded by: S. Turner

  That the Managing Director, Planning and City Planner and the Managing Director, Development and Compliance Services & Chief Building Official BE DIRECTED to update the Deferred Matters List to remove any items that have been addressed by the Civic Administration.

  
  

  Yeas: (3)	P. Squire, A. Hopkins, and S. Turner
  Absent: (3)	E. Holder, J. Helmer, and M. Cassidy

  
  Motion Passed (3 to 0)

6.

Adjournment

The meeting adjourned at 5:57 PM.