Planning and Environment Committee

Report

Meeting #:14th Meeting of the Planning and Environment Committee
Date:
-
Location:
Council Chambers
PRESENT:
  • Councillors S. Turner (Chair),
  • A. Hopkins,
  • M. Cassidy,
  • J. Helmer,
  • and T. Park
ABSENT:
  • Mayor M. Brown
ALSO PRESENT:
  • Councillor M. van Holst, G. Barrett, A. Beaton, M. Corby, M. Elmadhoon, M. Feldberg, J.M. Fleming, K. Gonyou, P. Kokkoros, G. Kotsifas, H. Lysynski, A. Macpherson, H. McNeely, L. Mottram, B. O'Hagan, N. Pasato, M. Pease, L. Pompilii, M. Ribera, S. Rowland, A. Salton, C. Saunders, J-A. Spence, C. Smith, J. Smolarek, M. Sundercock, M. Tomazincic, R. Turk and P. Yeoman

     

     

    The meeting was called to order at 4:00 PM


That it BE NOTED that Councillor T. Park disclosed a pecuniary interest in clause 3.2 of this Report, having to do with the properties located at 147-149 Wellington Street and 253-257 Grey Street, by indicating that her family owns property in the area.

  • Moved by:T. Park
    Seconded by:A. Hopkins

    That Items 2.1 to 2.4, inclusive and 2.6 to 2.9, inclusive, BE APPROVED.


    Yeas: (5)A. Hopkins, J. Helmer, M. Cassidy, S. Turner, and T. Park
    Absent: (1)Mayor M. Brown

    Motion Passed (5 to 0)
  • Moved by:T. Park
    Seconded by:A. Hopkins

    That, on the recommendation of the Managing Director, Planning and City Planner, the staff report dated September 10, 2018 entitled "List of Approved Tree Species PEC Deferred Matter #2" BE RECEIVED for information.   (2018-E04)



    Motion Passed
  • Moved by:T. Park
    Seconded by:A. Hopkins

    That, on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the by-law appended to the staff report dated September 10, 2018, to designate the property located at 660 Sunningdale Road East, to be of cultural heritage value or interest BE INTRODUCED at the Municipal Council meeting to be held on September 18, 2018; it being noted that this matter has been considered by the London Advisory Committee on Heritage and public notice has been completed with respect to the designation in compliance with the requirements of the Ontario Heritage Act. (2018-R01)



    Motion Passed
  • Moved by:T. Park
    Seconded by:A. Hopkins

    That, on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the by-law appended to the staff report dated September 10, 2018, to designate the property located at 2096 Wonderland Road North, to be of cultural heritage value or interest BE INTRODUCED at the Municipal Council meeting to be held on September 18, 2018; it being noted that this matter has been considered by the London Advisory Committee on Heritage and public notice has been completed with respect to the designation in compliance with the requirements of the Ontario Heritage Act. (2018-R01)



    Motion Passed
  • Moved by:T. Park
    Seconded by:A. Hopkins

    That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the application by Wastell Builders (London) Inc., to exempt lands from Part Lot Control:  

    a)            pursuant to subsection 50(7) of the Planning Act, R.S.O. 1990, c. P.13, the proposed by-law appended to the staff report dated September 10, 2018 BE INTRODUCED at a future Municipal Council meeting, to exempt Blocks 1-5, Plan 33M-745 from the Part Lot Control provisions of subsection 50(5) of the said Act, for a period not to exceed three (3) years; it being noted that the Applicant has requested that three separate exemption by-laws/reference plans for approval be brought forward to future meetings of the Planning and Environment Committee and Council;

    b)            the following conditions of approval BE REQUIRED to be completed prior to the passage of a Part Lot Control By-law for Blocks 1-5, Plan 33M-745 as noted in clause a) above:  

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

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

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

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

    v)            the Applicant shall enter into any amending subdivision agreement with the City, if necessary;

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

    vii)       the Applicant shall obtain confirmation from Development Services that the assignment of municipal numbering has been completed in accordance with the reference plan(s) to be deposited;

    viii)          the Applicant shall obtain approval from Development Services for each reference plan to be registered prior to the reference plan being registered in the land registry office;

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

    x)         the site plan and development agreement be registered prior to passage of the exemption from part lot control by-law; and,

    c)            the Applicant BE ADVISED that the cost of registration of this by-law is to be borne by the applicant in accordance with City policy.    (2018-D09)



    Motion Passed
  • Moved by:T. Park
    Seconded by:A. Hopkins

    That, on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the following actions be taken with respect to the subdivision agreement between The Corporation of the City of London and Colonel Talbot Developments Inc. (Auburn Developments), for construction of the SS15A Southwest Area Trunk Sewer within the Hunt Lands Subdivision:

    a)  the revised Special Provisions contained in the Subdivision Agreement for construction of the SS15A Southwest Area Trunk Sewer within the Hunt Lands Subdivision (39T-12503) outlined in Section 2.0 of the staff report dated September 10, 2018, BE APPROVED;

    b)  the financing for this project BE APPROVED as set out in the Source of Financing Report appended to the staff report dated September 10,2 018 as Appendix “A”.   (2018-F01)



    Motion Passed
  • Moved by:T. Park
    Seconded by:A. Hopkins

    That, on the recommendation of the Senior Planner, Development Services, based on the application by Sifton Properties Limited, relating to lands located at 1835 Shore Road, the proposed by-law appended to the staff report dated September 10, 2018 BE INTRODUCED at the Municipal Council meeting to be held on September 18, 2018 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Residential R5/R6 Special Provision (h•h-206•R5-6(10)/R6-5(42)) Zone TO a Residential R5/R6 Special Provision (R5-6(10)/R6-5(42)) Zone to remove the h and h-206 holding provisions.   (2018-D09)



    Motion Passed
  • Moved by:T. Park
    Seconded by:A. Hopkins

    That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and Topping Family Farm Inc. for the subdivision of lands over Part of Lot 76, East of the North Branch of the Talbot Road, (Geographic Township of Westminster), City of London, County of Middlesex, situated on the north side of the Pack Road, east of Settlement Trail, and south of Old Garrison Boulevard, municipally known as 3105 Bostwick Road:                                                                       

    a)            the Special Provisions, to be contained in a Subdivision Agreement between The Corporation of the City of London and Topping Family Farm Inc., for the Talbot Village Subdivision, Phase 6 (39T-14506) appended to the staff report dated September 10, 2018 as Appendix “A”, BE APPROVED;

    b)            the Applicant BE ADVISED that Development Finance has summarized the claims and revenues appended to the staff report dated September 10, 2018 as Appendix “B”;

    c)            the financing for this project BE APPROVED as set out in the Source of Financing Report appended to the staff report dated September 10, 2018 as Appendix “C”;

    d)            the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending agreements and all documents required to fulfil its conditions.   (2018-D09)



    Motion Passed
  • Moved by:T. Park
    Seconded by:A. Hopkins

    That the Building Division Monthly Report for the month of July, 2018 BE RECEIVED for information.   (2018-F-21)



    Motion Passed
  • Moved by:M. Cassidy
    Seconded by:J. Helmer

    That, consideration of the application by Endri Poletti Architect Inc., relating to the request to remove the h-1 and h--3 holding provisions on the property located at 89 York Street, BE POSTPONED to a future Planning and Environment Committee meeting.   (2018-D09)


    Yeas: (5)A. Hopkins, J. Helmer, M. Cassidy, S. Turner, and T. Park
    Absent: (1)Mayor M. Brown

    Motion Passed (5 to 0)
  • Moved by:A. Hopkins
    Seconded by:M. Cassidy

    That on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the proposed by-law appended to the staff report dated September 10, 2018 BE INTRODUCED at the Municipal Council meeting to be held on September 18, 2018 to amend By-law No. PS-5, as amended, entitled “Swimming Pool Fence By-law” in order to amend fee Schedule “A” relating to pool fence application permits; it being noted the last swimming pool fence fee increase took place in 1997;

    it being noted that no individuals spoke at the public participation meeting associated with this matter.    (2018-F21)


    Yeas: (5)A. Hopkins, J. Helmer, M. Cassidy, S. Turner, and T. Park
    Absent: (1)Mayor M. Brown

    Motion Passed (5 to 0)

    Additional Votes:


  • Moved by:J. Helmer
    Seconded by:T. Park

    Motion to open the public participation meeting.


    Yeas: (5)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, and T. Park
    Absent: (1)Mayor M. Brown

    Motion Passed (5 to 0)
  • Moved by:M. Cassidy
    Seconded by:T. Park

    Motion to close the public participation meeting.


    Yeas: (5)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, and T. Park
    Absent: (1)Mayor M. Brown

    Motion Passed (5 to 0)
  • Moved by:J. Helmer
    Seconded by:A. Hopkins

    That, the following actions be taken with respect to the application of JAM Properties Inc., relating to the properties located at 147-149 Wellington Street and 253-257 Grey Street:

    a)          the comments received from the public during the public engagement process appended to the staff report dated September 10, 2018 as Appendix “A”, BE RECEIVED;

    b)          Planning staff BE DIRECTED to make the necessary arrangements to hold a future public participation meeting regarding the above-noted application in accordance with the Planning Act, R.S.O 1990, c.P. 13; and,

    c)   the Civic Administration BE REQUESTED to include, as part of any recommended bonus zoning, the provision of a portion of the total units of the proposed building as affordable housing units;

    it being noted that staff will continue to process the application and will consider the public, agency, and other feedback received during the review of the subject application as part of the staff evaluation to be presented at a future public participation meeting;

    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.     (2018-D09)


    Yeas: (4)S. Turner, A. Hopkins, M. Cassidy, and J. Helmer

    Motion Passed (4 to 0)

    Additional Votes:


  • Moved by:M. Cassidy
    Seconded by:A. Hopkins

    Motion to open the public participation meeting.


    Yeas: (4)S. Turner, A. Hopkins, M. Cassidy, and J. Helmer
    Recuse: (1)T. Park
    Absent: (1)Mayor M. Brown

    Motion Passed (4 to 0)
  • Moved by:A. Hopkins
    Seconded by:M. Cassidy

    Motion to close the public participation meeting.


    Yeas: (4)S. Turner, A. Hopkins, M. Cassidy, and J. Helmer
    Absent: (2)T. Park, and Mayor M. Brown

    Motion Passed (4 to 0)
  • Moved by:T. Park
    Seconded by:M. Cassidy

    That, on the recommendation of the Senior Planner, Development Services, based on the application by Landea Developments Inc., relating to the property located at 1196 Sunningdale Road West, the proposed by-law appended to the staff report dated September 10, 2018 BE INTRODUCED at the Municipal Council meeting on September 18, 2018 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 Residential R1 (h*h-100*R1-4) Zone and a Holding Residential R1 (h-h*-100*R1-13)  Zone TO a Holding Residential R1 Special Provision (h-h-100*R1-4 (_)) Zone, Holding Residential R1 Special Provision (h-h-100*R1-4 (_)) Zone, Holding Residential R1 Special Provision (h-h-100*R1-4 (_)) Zone and a Holding Residential R1 Special Provision (h-h-100*R1-13 (_)) Zone;

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

    •               the proposed zoning amendment to allow for the subject lands to be developed for single detached dwelling uses with 45% coverage and 10.5 m maximum height is appropriate as:

    ○          the proposed development is consistent with the Provincial Policy Statement;

    ○          the proposed Zoning By-law Amendment provides for a form of residential development conforms with the Low Density Residential policies of the Official Plan;

    ○          the proposed Zoning By-law Amendment provides for a form of residential development that conforms with the Neighbourhood Place Type and Neighbourhood Street Classification policies of the London Plan; and,

    ○          the proposed development is compatible with the surrounding residential development.    (2018-D09)


    Yeas: (5)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, and T. Park

    Motion Passed (5 to 0)

    Additional Votes:


  • Moved by:M. Cassidy
    Seconded by:J. Helmer

    Motion to open the public participation meeting.


    Yeas: (4)S. Turner, A. Hopkins, M. Cassidy, and J. Helmer
    Absent: (2)T. Park, and Mayor M. Brown

    Motion Passed (4 to 0)
  • Moved by:M. Cassidy
    Seconded by:J. Helmer

    Motion to close the public participation meeting.


    Yeas: (5)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, and T. Park
    Absent: (1)Mayor M. Brown

    Motion Passed (5 to 0)
  • Moved by:A. Hopkins
    Seconded by:M. Cassidy

    That, on the recommendation of the Manager, Development Planning, based on the application by the 2219008 Ontario Ltd., c/o MHBC Planning Ltd., relating to the properties located at 3493 Colonel Talbot Road, 3418 to 3538 Silverleaf Chase, 3428 to 3556 Grand Oak Cross, 7392 to 7578 Silver Creek Crescent and 7325 to 7375 Silver Creek Circle, the proposed by-law appended to the staff report dated September 10, 2018 BE INTRODUCED at the Municipal Council meeting September 18, 2018 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), FROM a Residential R1 Special Provision (R1-8(5)) Zone and a Holding Residential R1 Special Provision (h*h-100*R1-8(5)) TO a Residential R1 Special Provision (R1-8(_)) Zone and a Holding Residential R1 Special Provision (h*h-100*R1-8(_)) Zone, to permit a minimum front/exterior side yard depth of 4.5 metres for main buildings fronting a local street or secondary collector while maintaining the existing garage setback regulations, a minimum interior side yard depth of 1.2 metres; except that where no private garage is attached to the dwelling, one yard shall be 3.0 metres, a minimum rear yard depth of 7.0 metres, 35% minimum landscaped open space, and 40% maximum lot coverage;

    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 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 1989 Official Plan; and,

    •              the recommended amendment conforms to the policies of The London Plan.    (2018-D09)


    Yeas: (5)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, and T. Park

    Motion Passed (5 to 0)

    Additional Votes:


  • Moved by:T. Park
    Seconded by:A. Hopkins

    Motion to open the public participation meeting.


    Yeas: (5)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, and T. Park
    Absent: (1)Mayor M. Brown

    Motion Passed (5 to 0)
  • Moved by:T. Park
    Seconded by:M. Cassidy

    Motion to close the public participation meeting.


    Yeas: (5)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, and T. Park
    Absent: (1)Mayor M. Brown

    Motion Passed (5 to 0)
  • Moved by:J. Helmer
    Seconded by:T. Park

    That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the application by Artisan Homes Inc., relating to the lands located at 459 Hale Street:

     a)         the proposed by-law appended to the staff report dated September 10, 2018 BE INTRODUCED at the Municipal Council meeting to be held on September 18, 2018 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 (R1-5) Zone TO a Residential R6 Special Provision (R6-2(  )) Zone, to permit cluster housing in the form of single detached dwellings with a special provision to permit a minimum lot frontage of 8.0 metres and maximum density of 22 units per hectare; and,

    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 Vacant Land Condominium relating to the property located at 459 Hale Street:

     i)              the provision of enhanced landscaping along the side and rear yards, in particular, the use of larger trees that would provide more of a buffer between the existing residential homes and the new homes;

    ii)             the loss of privacy;

    iii)            the close proximity of the proposed condominiums to the existing neighbours;

    iv)           the loss of existing wildlife;

    v)            the increase in noise;

    vi)           the loss of view;

    vii)          the need to relocate recreational equipment in backyards;

    viii)         water run-off concerns;

    ix)           the proposed dwellings are out of character with the existing neighbourhood;

    x)            garbage collection;

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

    •              the recommended Zoning By-law Amendment and Draft Plan of Vacant Land Condominium are consistent with the Provincial Policy Statement;

    •              the proposed infill housing development satisfies the residential intensification and relevant planning policies of The London Plan and the 1989 Official Plan;

    •              the recommended zoning amendment and special provisions are appropriate, and conform with The London Plan and the Official Plan; and,

    •              the proposed development is compatible and in keeping with the character of the surrounding residential neighbourhood.   (2018-D09)


    Yeas: (5)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, and T. Park

    Motion Passed (5 to 0)

    Additional Votes:


  • Moved by:T. Park
    Seconded by:M. Cassidy

    Motion to open the public participation meeting.


    Yeas: (5)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, and T. Park
    Absent: (1)Mayor M. Brown

    Motion Passed (5 to 0)
  • Moved by:A. Hopkins
    Seconded by:J. Helmer

    Motion to close the public participation meeting.


    Yeas: (5)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, and T. Park
    Absent: (1)Mayor M. Brown

    Motion Passed (5 to 0)
  • Moved by:M. Cassidy
    Seconded by:T. Park

    That the following action be taken with respect to the 9th report of the Environmental and Ecological Planning Advisory Committee from its meeting held on August 16, 2018: 

    a)         C. Smith, Senior Planner, BE ADVISED of the following comments with respect to the application by Sifton Properties Limited, relating to the property located at 1877 Sandy Somerville Lane:

    i)            the block be fenced with no gates;

    ii)            signage be posted, with a positive message, advising why the area is environmentally significant; and,

    iii)            a trail map be included on the above-noted signage;

    b)         K. Oudekerk, Environmental Services Engineer, BE ADVISED that S. Hall, S. Levin and R. Trudeau, are the Environmental and Ecological Planning Advisory Committee (EEPAC) representatives on the draft Project File for the East London Sanitary Servicing Study; it being noted that the EEPAC reviewed and received a communication dated August 2, 2018, from K. Oudekerk, with respect to this matter; 

    c)         the Working Group comments appended to the 9th Report of the Environmental and Ecological Planning Advisory Committee, with respect to the Environmental Impact Statement and exp Hydrogeology report relating to the W3 Farms/York Developments application, relating to the properties located at 3700 Colonel Talbot Road and 3645 Bostwick Road BE FORWARDED to N. Pasato, Senior Planner, for consideration; and,

    d)         clauses 1.1, 2.1, 2.2, 3.1, 3.3, 6.1 and 6.3 BE RECEIVED.


    Yeas: (5)A. Hopkins, J. Helmer, M. Cassidy, S. Turner, and T. Park
    Absent: (1)Mayor M. Brown

    Motion Passed (5 to 0)
  • Moved by:A. Hopkins
    Seconded by:M. Cassidy

    That, on the recommendation of the Managing Director, Planning and City Planner and the Managing Director, Environmental & Engineering Services and City Engineer, the following actions be taken in regards to The City of London Boulevard Tree Protection By-law:

    a)    the staff report dated September 10, 2018 entitled "The City of London Boulevard Tree Protection By-law - Amendments" BE RECEIVED for information;

    b)    the proposed By-law BE REFERRED to the Trees & Forest Advisory Committee for review and comment; and,

    c)    the proposed By-law BE REFERRED to a public participation meeting to be held by the Planning and Environment Committee in Q1 2019 for the purpose of seeking public input and comments on the proposed By-law.   (2018-E04)


    Yeas: (4)S. Turner, A. Hopkins, M. Cassidy, and T. Park
    Nays: (1)J. Helmer
    Absent: (1)Mayor M. Brown

    Motion Passed (4 to 1)
  • Moved by:J. Helmer
    Seconded by:A. Hopkins

    That the communication dated August 21, 2018, from J. Grainger, President, London Region Branch, Architectural Conservancy of Ontario, with respect to their request to reinstate the Demolition Control By-law BE REFERRED to the Managing Director, Development and Compliance Services & Chief Building Official to respond directly to Ms. Grainger.     (2018-P10D)


    Yeas: (5)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, and T. Park
    Absent: (1)Mayor M. Brown

    Motion Passed (5 to 0)
  • Moved by:T. Park
    Seconded by:M. Cassidy

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


    Yeas: (5)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, and T. Park
    Absent: (1)Mayor M. Brown

    Motion Passed (5 to 0)

The meeting adjourned at 6:32 PM.

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