Planning and Environment Committee

Report

The 9th 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, C. Saunders and S. Spring.

    Remote Attendance: Councillors S. Lehman and E. Peloza; J. Adema, G. Barrett, M. Butlin, M. Feldberg, P. Kokkoros, G. Kotsifas, C. Lowery, B. O'Hagan, M. Schulthess, E. Skalski, M. Tomazincic, M. Vivian, B. Westlake-Power, S. Wise and M. Wu

    The meeting is called to order at 4:00 PM, with Councillor M. Cassidy in the Chair; it being noted that the following Members were in remote attendance: Mayor E. Holder; Councillors J. Helmer, A. Hopkins, S. Turner and A. Kayabaga.


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


    Absent: (1)E. Holder

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

    That Items 2.2 to 2.4, inclusive, BE APPROVED.


    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:S. Turner

    That, on the recommendation of the Director, Planning and City Planner, the following actions be taken with respect to implementing program guidelines for a Boulevard Café Grant Program:


    a) the proposed by-law appended to the staff report dated June 22, 2020 as Appendix “A” BE INTRODUCED at the Municipal Council meeting to be held on June 29, 2020 to amend By-law C.P.-1467-175, as amended, being a by-law to establish financial incentives for the Downtown Community Improvement Project Areas, to adopt the Boulevard Café Grant Program as Schedule 3; and,


    b) the Civic Administration BE DIRECTED to supplement the Core Area Action Plan funding approved through the 2020-2023 Multi-Year Budget with the Small Scale Downtown Projects Fund, approved through the 2015-2019 Multi-Year Budget to support the Boulevard Café Grant Program and other small-scale projects that assist with the economic recovery of the downtown as a result of the COVID-19 pandemic;


    it being noted that this initial Grant Program is being adopted under the existing Downtown Community Improvement Plan until such a time as a Core Area Community Improvement Plan is developed and approved, which would extend this Program to the entire Core Area as identified in the Core Area Action Plan.



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

    That, on the recommendation of the Director, Development Services, based on the application by Southbridge Health Care G.P. Inc., relating to the property located at 184 Exeter Road the proposed by-law appended to the staff report dated June 22, 2020 BE INTRODUCED at the Municipal Council meeting to be held on June 29, 2020 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning for a portion of 184 Exeter Road FROM a Holding Residential R5 Special Provision/R6 Special Provision/Residential R7 Special Provision (h-100*R5-4(22)/R6-5(50)/R7(21).D45.H17) Zone TO a Residential R5 Special Provision/R6 Special Provision/Residential R7 Special Provision (R5-4(22)/R6-5(50)/R7(21).D45.H17) Zone to remove the “h-100” holding provision.



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

    That the Building Division Monthly Report for the month of April, 2020 BE RECEIVED for information.



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

    That the staff report dated June 22, 2020 entitled "ReThink Zoning Phase One Update" BE REFERRED back to the Civic Administration 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)
  • Moved by:A. Hopkins
    Seconded by:E. Holder

    That, on the recommendation of the Director, Development Services, based on the application by Oxford Westdel Centre Inc., relating to the properties located at 1919 and 1929 Oxford Street West, the proposed by-law appended to the staff report dated June 22, 2020 BE INTRODUCED at the Municipal Council meeting to be held on June 29, 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 Residential R1 (R1-14) Zone and a holding Convenience Commercial (h-17*CC3) Zone TO a holding Residential R1 (h-94*R1-14) Zone and a holding Community Shopping Area Special Provision (h-17*CSA1(_)) Zone;

     

    it being noted that the following site plan matters have been raised during the public meeting process:


    i) restrict the access along Oxford Street West to right-out only; and,
    ii) locate garbage facilities away from the Oxford Street West frontage;

     

    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;

     

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

     


    • the recommended Zoning Amendment is consistent with the Provincial Policy Statement (PPS), 2020, which encourages an appropriate range and mix of uses to meet projected requirements of current and future residents;
    • the recommended amendment conforms to the in-force polices of The London Plan, including but not limited to, the Shopping Area Place Type, Our City, Our Strategy, and all other applicable London Plan policies;
    • the recommended amendment permits an appropriate range of commercial and automotive uses that conform to the in-force policies of the (1989) Official Plan, including but not limited to the Community Commercial Node designation; and,
    •  the recommended Zoning By-law Amendment permits development that is appropriate for the site and compatible with the surrounding land 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:A. Kayabaga
    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. 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:J. Helmer
    Seconded by:E. Holder

    That, on the recommendation of the Director, Development Services, the following actions be taken with respect to the application of Wasan Holdings Ltd relating to the property located at 584 and 588 Wonderland Road North:

    a) the proposed by-law appended to the staff report dated June 22, 2020 as Appendix "A" BE INTRODUCED at the Municipal Council meeting to be held on June 29, 2020 to amend the Official Plan by ADDING a specific policy to permit office, medical/dental office, and pharmacy uses;

    b) the proposed by-law appended to the staff report dated June 22, 2020 as Appendix “B” BE INTRODUCED at the Municipal Council meeting to be held on June 29, 2020 to add a new policy to the Specific Policies for the Neighbourhoods Place Type and amend Map 7 – Specific Policy Areas – of The London Plan by adding the subject site to the list of Specific Policy Areas;

    c) the proposed by-law appended to the staff report dated June 22, 2020 as Appendix "C" BE INTRODUCED at the Municipal Council meeting to be held on June 29 2020 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan as amended in the above-mentioned parts a) and b)), to change the zoning of the subject property FROM a Residential R1 (R1-9) Zone TO a Restricted Office Special Provision (RO1(_)) Zone;

    it being noted that the following site plan matter was raised during the public participation meeting process:

    • to consider removing the fencing in the exterior side yard of 584 Wonderland Road North to improve sightlines for motorists;

    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;

    it being further noted that the Municipal Council approves these applications for the following reasons:

    • the recommended amendment is consistent with the Provincial Policy Statement, 2020 which promotes an appropriate range and mix of uses in a settlement area;
    • the recommended specific policy to The London Plan conforms to the in-force policies of The London Plan including but not limited to, Our City, Key Directions, and City Building, and will facilitate the development of a building with a greater floor area than contemplated in the Neighbourhoods Place Type;
    • the recommended amendment conforms to the in-force policies of the 1989 Official Plan, including but not limited to, Chapter 10 – Policies for Specific Areas, which allows Council to apply specific policies where the change in land use is site specific and located in an area where Council wishes to maintain the existing land use designation while allowing for a site specific use; and,
    • the recommended Zoning By-law Amendment implements an appropriate use and intensity for the site which is compatible with the surrounding area.


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

    Motion Passed (6 to 0)

    Additional Votes:


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

    That, on the recommendation of the Director, Development Services, the following actions be taken with respect to the application by York Developments, relating to the property located at 944 Hamilton Road:


    a)  consistent with Policy 19.1.1. of the Official Plan, the subject lands, representing a portion of 944 Hamilton Road, BE INTERPRETED to be located in the Community Commercial Node designation; and,

    b) the proposed by-law appended to the staff report dated June 22, 2020 BE INTRODUCED at the Municipal Council meeting to be held on June 29th, 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 Convenience Commercial/Service Station (CC/SS1) Zone and a Residential R1 (R1-6) Zone TO an Associated Shopping Area Commercial Special Provision (ASA1(_)/ASA2(_)/ASA3(_)) 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 2020;
    • the recommended amendment conforms to the in-force policies of The London Plan, including but not limited to, Policy 253_, Policy 926_ and Policy 932_;
    • the recommended amendment conforms to the in-force policies of the 1989 Official Plan policies, including but not limited to, Section 4.3.7.1., Section 4.3.7.2., Section 4.3.7.3., Section 4.3.7.4., Section 4.3.7.5. and Section 19.1.1i;
    • the recommended amendment provides additional uses that are appropriate and compatible with the surrounding area and provides an increased opportunity to effectively utilize the existing building; and,
    • the existing and proposed built form and on-site parking is capable of supporting the requested commercial uses without resulting in any negative impacts on the abutting lands.


    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:A. Hopkins
    Seconded by:S. Turner

    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, Development Services, the following actions be taken with respect to the application by Canadian Commercial Management Inc. relating to the property located at 754-760 Base Line Road East:

    a) the proposed by-law appended to the staff report dated June 22, 2020 as Appendix "A" BE INTRODUCED at the Municipal Council meeting to be held on June 29, 2020 to amend the Official Plan by ADDING a policy to section 10.1.3 – Policies for Specific Areas;


    b) the proposed by-law appended to the staff report dated June 22, 2020 as Appendix "B" BE INTRODUCED at the Municipal Council meeting to be held on June 29, 2020 to amend The London Plan by AMENDING Policy 1101_ in the Specific Policies for the Institutional Place Type;

    it being noted that the amendments will come into full force and effect concurrently with Map 1 and Map 7 of The London Plan;

    c) the proposed by-law appended to the staff report dated June 22, 2020 as Appendix "C" BE INTRODUCED at the Municipal Council meeting to be held on June 29, 2020 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan as amended in the above-noted parts a) and b) above), to change the zoning of the subject property FROM an Office (OF2) Zone TO a Residential R8 Bonus/Office (R8-4*B-_/OF2) Zone;

    the Bonus Zone shall be enabled through one or more agreements to facilitate the development of a high quality residential apartment building, with a maximum height of 4-storeys, 28 dwelling units and a maximum density of 165 units per hectare, which substantively implements the Site Plan and Elevations appended to the staff report dated June 22, 2020 as Schedule “1” to the amending by-law in return for the following facilities, services and matters:

    i) Exceptional Building Design

    The building design shown in the various illustrations contained in Schedule “1” to the amending by-law is being bonused for features which serve to support the City’s objective of promoting a high standard of design including:

    A) a building located along the street frontage with reduced front and exterior side yard setbacks;
    B) providing for appropriate scale/rhythm/materials/fenestration; and,
    C) enhanced landscaping and amenity area at grade;

    ii) Provision of Affordable Housing

    The development shall provide for the following:

    A) one, one-bedroom barrier-free affordable rental unit;
    B) rent not exceeding 85% of the Average Market Rent (AMR) for the London Census Metropolitan Area as determined by the CMHC at the time of building occupancy; and,
    C) the duration of affordability shall be set at 25 years from the point of initial occupancy of the unit;

    d) the Civic Administration BE REQUESTED to consider the following during the Site Plan process:

    i) an alternate location for the garbage location away from the residential units; and,
    ii) the privacy fence height be increased to 7 feet (2.1 meters);

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

    • a communication dated June 9, 2020 from R. and J. Robinson, 347 Fairview Avenue; and,
    • a communication dated June 15, 2020 from B. and E. May, 749 Rowntree Avenue;
    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 these applications for the following reasons:

    • the recommended amendment is consistent with the PPS, 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 London Plan, including but not limited to the Key Directions and Institutional Place Type;
    • the recommended amendment conforms to the in-force policies of the 1989 Official Plan, including but not limited to the criteria for a Chapter 10 Specific Area Policy;
    • the recommended amendment facilitates the development of a vacant, underutilized site within the Built-Area Boundary and Primary Transit Area with an appropriate form of development.


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

    Motion Passed (6 to 0)

    Additional Votes:


  • Moved by:E. Holder
    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: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)
  • That it BE NOTED that the Planning and Environment Committee was unable to reach a majority decision with respect to the application by Southside Construction Management Limited relating to the property located at 1992 Fanshawe Park Road West, and pursuant to Section 19.3 of the Council Procedure By-law, the matter is hereby submitted to the Municipal Council for its disposition;

     

    it being pointed out that the Planning and Environment Committee reviewed and received a communication dated June 11, 2020 from C. Butler, 863 Waterloo Street, with respect to this matter; and,

    it being further 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.



    Additional Votes:


  • Moved by:J. Helmer
    Seconded by:E. Holder

    That, on the recommendation of the Director, Development Services, based on the application by Southside Construction Management Limited, relating to the property located at 1992 Fanshawe Park Road West, the proposed by-law attached hereto as Appendix "A" BE INTRODUCED at the Municipal Council meeting to be held on June 29, 2020 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to extend the Temporary Use (T-45) Zone to permit a golf driving range and accessory uses for an additional three (3) year period.


    Yeas: (3)E. Holder, J. Helmer, and M. Cassidy
    Nays: (3)A. Kayabaga, A. Hopkins, and S. Turner

    Motion Failed (3 to 3)
  • 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: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)
  • The meeting adjourned at 6:08 PM.