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5TH REPORT OF THE

 

Planning and Environment Committee

 

meeting held on March 4, 2014, commencing at 4:00 PM, in the Council Chambers, Second Floor, London City Hall. 

 

PRESENT:  Councillor J.L. Baechler (Chair) and Councillors D.G. Henderson, P. Hubert, B. Polhill and S.E. White and H. Lysynski (Secretary). 

 

ALSO PRESENT:   M. Corby, B. Debbert, M. Elmadhoon, J.M. Fleming, T. Grawey, B. Henry, G. Kotsifas, A. MacLean, A. Macpherson, L. McDougall, N. Musicco, C. Saunders, M. Tomazincic, A-B. Watson and J. Yanchula.

 

 

I.

CALL TO ORDER

 

1.

That it BE NOTED that no pecuniary interests were disclosed.

 

II.

CONSENT ITEMS

 

2.

3rd Report of the Environmental and Ecological Planning Advisory Committee

 

Recommendation:  That the 3rd Report of the Environmental and Ecological Planning Advisory Committee from its meeting held on February 20, 2014 BE RECEIVED.

 

Motion Passed

 

YEAS: B. Polhill, P. Hubert, J.L. Baechler (3)

 

3.

3rd Report of the Advisory Committee on the Environment

 

Recommendation:  That the 3rd Report of the Advisory Committee on the Environment from its meeting held on February 5, 2014 BE RECEIVED.

 

Motion Passed

 

YEAS: B. Polhill, P. Hubert, J.L. Baechler (3)

 

4.

Property located at 1570 Highbury Avenue North (H-8242)

 

Recommendation:  That, on the recommendation of the Senior Planner, Development Services, based on the application of Ridout Developments Limited, relating to the property located at 1570 Highbury Avenue North, the proposed by-law, as appended to the staff report dated March 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, 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 Highway Service Commercial/Restricted Service Commercial (h*HS/HS2/HS3/RSC1/RSC3/ RSC4) Zone TO a Highway Service Commercial/Restricted Service Commercial (HS/HS2/HS3/RSC1/RSC3/RSC4) Zone to remove the “h” holding provision.  (2014-D14)

 

Motion Passed

 

YEAS: B. Polhill, P. Hubert, J.L. Baechler (3)

 

5.

Property located at 312 Sunningdale Road West (H-8292)

 

Recommendation:  That, on the recommendation of the Senior Planner, Development Services, based on the application of Corlon Properties Inc., relating to the property located at 312 Sunningdale Road West, the proposed by-law, as appended to the staff report dated March 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of 312 Sunningdale Road West FROM a Holding Residential R1 (h*h-100*R1-6) Zone and a Holding Residential R1 (h*h-100*R1-9) Zone TO a Residential R1 (R1-6) Zone and a Residential R1 (R1-9) Zone to remove the h* and h-100 holding provisions. (2014-D14)

 

Motion Passed

 

YEAS: B. Polhill, P. Hubert, J.L. Baechler (3)

 

6.

Property located at 350 Oxford Street East (H-8296)

 

Recommendation:  That, on the recommendation of the Planner II, Development Planning, based on the application of Zelinka Priamo Limited, relating to the property located at 350 Oxford Street East, the proposed by-law, as appended to the staff report dated March 4, 2013, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of 350 Oxford Street East FROM a Holding Convenience Commercial Special Provision (h-5*h-103*h-156*CC6(5)) Zone and an Automobile Service Station (SS) Zone TO a Convenience Commercial Special Provision/Service Station CC6(5))/(SS) Zone to remove the h-5*h-103 and h-156 holding provisions. (2014-D14)

 

Motion Passed

 

YEAS: B. Polhill, P. Hubert, J.L. Baechler (3)

 

7.

Property located at 1103 Adelaide Street North (H-8240)

 

Recommendation:  That, on the recommendation of the Planner II, Development Planning, based on the application of York Development Group, relating to the property located at 1103 Adelaide Street North, the proposed by-law, as appended to the staff report dated March 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of 1103 Adelaide Street North FROM a Holding Neighbourhood Shopping Area Special Provision (h-5*h-11*h-64*h-95*NSA1(8)) Zone TO a Neighbourhood Shopping Area Special Provision NSA1(8) Zone to remove the h-5, h-11, h-64 and h-95 holding provisions. (2014-D14)

 

Motion Passed

 

YEAS: B. Polhill, P. Hubert, J.L. Baechler (3)

 

8.

Building Division Monthly Report for January 2014

 

Recommendation:  The Building Division Monthly Report for January 2014 BE RECEIVED.   (2014-D00)

 

Motion Passed

 

YEAS: B. Polhill, P. Hubert, J.L. Baechler (3)

 

9.

Property located at 103 Elmwood Avenue East - Appeal to Provisional Consent Decision

 

Recommendation:  That, on the recommendation of the Manager, Development Services and Planning Liaison, the following actions be taken in response to the letter of appeal to the Ontario Municipal Board, dated November 19, 2013, from A. Hendrikx, relating to the Provisional Consent Decision on Consent Application B.031/13, concerning the property located at 103 Elmwood Avenue East:

 

a)            the Ontario Municipal Board BE ADVISED that Municipal Council supports the Provisional Consent Decision and all conditions included; and,

 

 

 

b)            the City Solicitor BE DIRECTED to provide legal and planning representation at the Ontario Municipal Board Hearing in support of the position of the Municipal Council.    (2014-L01)

 

Motion Passed

 

YEAS: B. Polhill, P. Hubert, J.L. Baechler (3)

 

III.

SCHEDULED ITEMS

 

10.

Property located at 1040 Coronation Drive (Z-8201)

 

Recommendation:  That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of The Tricar Group, relating to the property located at 1040 Coronation Drive:

 

a)         the proposed by-law, as appended to the staff report dated March 4, 2014,  BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, 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 R9 (h-89*h-90*R9-7*H45) Zone, which permits apartment buildings, lodging house class 2, senior citizens apartment buildings, handicapped persons apartment buildings and continuum-of-care facilities TO a Holding Residential (R5) Special Provision (h-89*h-90*h-91*h-(_)*R5-4(_)) Zone, to permit cluster townhouse dwellings and cluster stacked townhouse dwellings; it being noted that a special provision is required to recognize that the lot has no legal frontage on a municipal right of way, a reduced interior side yard setback of 3 metres and a reduced encroachment setback for an elevated balcony;

 

b)         the Site Plan Approval Authority BE REQUESTED to implement  the following design issues through the site plan process:

 

i)          placement of pedestrian connection through the site to connect with the proposed main street corridor on Hyde Park Road;

ii)         consideration of a more subtle fence combined with plantings around the property to promote unity within the site and avoid isolation; and,

iii)         consideration of using building materials to better articulate the facades. In this regard, units that are shown with siding full height would benefit from some horizontal relief. Further, consider a consistent element, material or colour on all units to ensure a more cohesive development;

 

it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:

 

·                     Chris Hendrickson, Stantec Consulting, on behalf of the applicant – see attached presentation.   (2014-D14A)

 

Voting Record:

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, J.L. Baechler (4)

 

Motion to open the public participation meeting.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, J.L. Baechler (3)

 

Motion to close the public participation meeting.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, J.L. Baechler (4)

 

11.

Property located on a portion of 1055 Westdel Bourne (Z-8304)

 

Recommendation:  That, on the recommendation of the Managing Director, Planning and City Planner, based on the application of Craig Linton, relating to a portion of the property located at 1055 Westdel Bourne, the proposed by-law, as appended to the staff report dated March 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of a portion of the subject property FROM a Residential R1 (R1-14) Zone, which permits a single detached dwelling on a lot with a minimum frontage of 30 metres and a minimum area of 2,000 square metres TO a Residential R1 (R1-10) Zone;

 

it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter. (2014-D14A)

 

Voting Record:

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

Motion to open the public participation meeting.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, J.L. Baechler (4)

 

Motion to close the public participation meeting.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

12.

Property located at 1992 Fanshawe Park Road West (TZ-8307)

 

Recommendation:  That, on the recommendation of the Managing Director, Planning and City Planner, based on the application of Ken VanSteensel, relating to the property located at 1992 Fanshawe Park Road West, the proposed by-law, as appended to the staff report dated March 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to extend the temporary use to permit a golf driving range for a further three year period;

 

it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter. (2014-D14A)

 

Voting Record:

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

Motion to open the public participation meeting.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

Motion to close the public participation meeting.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

 

 

 

13.

Property located at 2090 Hyde Park Road (Z-8290)

 

Recommendation:  That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of The Y Group Investments and Management, relating to the property located at 2090 Hyde Park Road:

 

a)         the proposed by-law, as appended to the revised staff report dated March 4, 2014,  BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, 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 Restricted Service Commercial (RSC2/RSC5/h-11*RSC4) Zone TO a Holding Restricted Service Commercial Special Provision (RSC2/RSC5/h-11*RSC4/RSC3(*)) Zone;

 

b)         the Site Plan Approval Authority BE REQUESTED to implement, through the site plan approval process, the development of the subject site in a manner that is consistent with the Site Plan and Elevation Drawings, as appended as Schedule “1” to the staff report dated March 4, 2014 and as listed below:

 

•           consider the provision of clear glass on the majority of the front elevation of Building 2, abutting Hyde Park Road, to present a front face to the street;

•           the construction of an urban forecourt in the front yard of the subject site between building 2 and the public sidewalk to facilitate pedestrian access from the public side walk and rear parking areas to the commercial uses fronting Hyde Park Road;

•           consider the inclusion of a minimum of 1 principal entrance fronting onto the urban forecourt to create a functional front face to the street;

•           the use of varied construction material to provide for visual interest;

•           the use of building articulation and canopies to break up the building mass;

•           the construction of a clearly delineated pedestrian connection from Hyde Park Road to the proposed medical building to provide for a safe, convenient access for pedestrian users arriving to the site;

•           provide for continuous, direct and safe pedestrian connections through the site to facilitate pedestrian movement within the site between commercial uses;

•           consider moving the access drive to the north and extending the proposed commercial building to increase the street presence.

•           consider plantings in the medians in lieu of grass to provide year-round landscaping opportunities;

•           consider permeable concrete and asphalt for storm water infiltration; and,

•           ensure that any rooftop mechanical units are screened from view to enhance the building elevations; and,

 

c)            pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN in respect of the proposed by-law as the two additional special provisions, including a rear yard setback (west) of 3.5 metres for a building up to 12 metres and an interior side yard setback (north) of 3.5 metres for a building up to 12 metres are minor in nature; 

 

it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter.   (2014-D14A)

 

Voting Record:

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

 

Motion to open the public participation meeting.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

Motion to close the public participation meeting.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

14.

Unevaluated Vegetation Patches (OZ-8271)

 

Recommendation: 

 

a)            on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of City of London, relating to the property located at 1900 Gore Road, the proposed by-law, as appended to the staff report dated March 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Schedule ‘B-1’ of the Official Plan to DELETE Unevaluated Vegetation Patch 04007;

 

b)            on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of City of London, relating to the property located at 1473 Dundas Street, 632 Hale Street, 646 Hale Street and 652 Hale Street, the proposed by-law, as appended to the staff report dated March 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Schedule ‘B-1’ of the Official Plan to DELETE a portion of Unevaluated Vegetation Patch 04017;

 

c)            on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of City of London, relating to the property located at 2072 Dundas Street and 2080 Dundas Street, the proposed by-law, as appended to the staff report dated March 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Schedule ‘B-1’ of the Official Plan to DELETE Unevaluated Vegetation Patch 04022;

 

d)            on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of City of London, relating to the property located at 2079 Huron Street, the proposed by-law, as appended to the staff report dated March 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Schedule ‘B-1’ of the Official Plan to DELETE Unevaluated Vegetation Patch 08023;

 

e)            on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of City of London, relating to the property located at 1010 Wilton Grove Road and 1030 Wilton Grove Road, the proposed by-law, as appended to the staff report dated March 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Schedule ‘B-1’ of the Official Plan to DELETE Unevaluated Vegetation Patch 10131;

 

f)             on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of City of London, relating to the property located at 15790 Robins Hill Road and 15890 Robins Hill Road, the proposed by-law, as appended to the staff report dated March 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Schedule ‘B-1’ of the Official Plan to DELETE the Unevaluated Vegetation Patch on the subject site;

 

 

 

 

g)            on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of City of London, relating to the properties located at 108 Exeter Road, 146 Exeter Road, 3680 Wonderland Road South, 234 Exeter Road, 2448 Dundas Street, 1750 Crumlin Side Road, 2835 Sunningdale Road East and 2326 Fanshawe Park Road East, 3696 Scotland Drive, 3703 Westminster Drive, 3777 Westminster Drive, 7236 Colonel Talbot Road, 7292 Colonel Talbot Road, 7340 Colonel Talbot Road and 7356 Colonel Talbot Rd, 6473 Orr Drive, 6526 Southminster Bourne, 2574 Colonel Talbot and 952 Southdale Road West, no further action BE TAKEN given that the vegetation patches contained on these lands are either under appeal before the Ontario Municipal Board as part of the South West Area Plan Secondary Plan or protected under the Tree Conservation By-law by virtue of their Official Plan designation;

 

h)            on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of City of London, relating to the properties located at 5110 White Oak Road, 955 Green Valley Road, 1001 Green Valley Road, 1015 Green Valley Road, 1025 Green Valley Road, 3959 Commerce Road, 1400 Global Drive, 1484 Wilton Grove Road, 1510 Wilton Grove Road and 1520 Wilton Grove Road, 2496 Dundas Street and 2550 Dundas Street BE REFERRED to Staff for additional public circulation and report back to the Planning and Environment Committee with a recommendation to introduce a by-law that will identify and protect significant natural heritage features where they exist and remove the natural heritage designation where no significant features have been identified; and,

 

i)             on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of City of London, relating to the properties located at 533 Industrial Road, 2021 Oxford Street, 1985 Gore Road, 1994 River Road, 2150 River Road, 2220 River Road, 2234 Scanlan Street, 1100 Green Valley Road, 1160 Green Valley Road, 1180 Green Valley Road, 1205 Green Valley Road; 1010 Clarke Road, 1020 Clarke Road, 1030 Clarke Road and 1975 Cheapside Street, no further action BE TAKEN given the complexity of these lands which facilitate industrial expansion opportunities that had been previously permitted by Council by way of land use designation and zoning permission;

 

it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:

 

·                    Sandy Levin, 59 Longbow Road – speaking to staff recommendations 6,7 and 9; noting that clauses 1 to 5, inclusive, and clause 8 make good sense; indicating that he has had some discussion with staff relating to the patch located at 15890 Robins Hill Road (recommendation 6); advising that, according to the map that he has, there is a patch number on the property; indicating that when this was circulated, the former City Ecologist, during her desktop exercise, had suggested that this part of the site should be designated as Environmental Review; indicating that he is not clear as to why the staff recommendation is to delete it; understanding that staff might have an answer to this enquiry; noting that the recommendation for clause 6 is on page 181 of the Agenda and the recommendation for clause 7 is on page 179 of the Agenda; indicating that, in clause 7 there are a couple of patches, that, in the documentation and circulation, suggested that not all of the patches are already protected through being in either Open Space or Environmental Review; indicating that he is specifically referencing Patch 08001 in the Sunningdale Road/Fanshawe Park Road area; advising that part of the land was still designated Agricultural, including a locally significant wetland, which was also marked in the circulation; advising that it is not clear that if you pass what is in clause 7 now, whether that wetland is going to be properly protected; expressing similar concerns with Patch 11038, on parts of the properties located at 7236 and 7292 Colonel Talbot Road; noting that it is outside of the Urban Growth Boundary, but not all of it is zoned Environmental Review; suggesting that you may want to refer those pieces back as part of the Category 3 review that staff is going to undertake; reiterating that he alerted staff to his concerns yesterday, but he does not know if they have had a chance to look at them yet; indicating that the real dilemma that the Municipal Council has is with staff recommendation 9, the complex patches; noting that these are Category 4 on Planning and Environment Committee Agenda Page 185; indicating that these are really interesting situations where you have had, over a number of years, even with changes in ownership, really good stewards of the land; advising that the owners have protected these areas, two of which have significant woodlands as well as significant stream corridors; reiterating that the concern is, and this has happened with three of the patches, are being recommended for deletion because they have been clear cut; noting that they have been clear cut legally because they do not have protection, similar to what recently happened on Teeple Terrace; indicating that the challenge is, how do you protect them in the interim because, in most cases, their designated as Light Industrial or General Industrial; advising that there is nothing in the Tree Conservation By-law or the Site Alteration By-law to protect them in the interim; noting that staff is working on these By-laws; advising that it would be nice to get some undertaking that these good stewards will continue to be good stewards until such time as something happens on the land; indicating that the concern is that there is no requirement for any environmental impact studies to be done on these sites, if they were to be developed, because there designation is already there; indicating that the Municipal Council needs to consider that there is now going to be an expectation that people are going to be surprised if a woodland gets taken down; commenting that nobody likes surprises over the age of about three or four; advising that he is unsure how the Municipal Council is going to resolve this dilemma, other than taking no action today; and, expressing that it is really important to London’s reputation as the Forest City.

·                    Alan R. Patton, Patton Cormier & Associates, on behalf of Great Lakes Copper, formerly known as Wolverine Tube (1975 Cheapside Street, 1010, 1020, 1030 Clarke Road), Clean Harbors (2234 Scanlon Street) and Mike Ansari In Trust (1985 Gore Road) – addressing paragraph 9 on page 174 of the Agenda; advising that there is no dilemma for his clients, there is nothing wrong; however, there is an aberration; indicating that the property located at 1985 Gore Road is designated Industrial, is zoned Industrial and has a draft plan of subdivision for industrial users; advising that what is proposed by staff will remove significant portions of the industrial subdivision; pointing out Scanlon Street on the map provided at the meeting; indicating that the subdivision is intended to go through the property and come out onto Gore Road; advising that everything in a large area would be lost to designated, zoned, boundary serviced industrial land with a draft plan of subdivision on it that is inconsistent with the Provincial Policy Statement; indicating that the next property is located at 2334 Scanlon Street which is designated Industrial, zoned Industrial and awaiting the continuation of Industrial development in this area; directly south of Kaiser Aluminum, directly abutting the Ansari industrial subdivision and immediately adjacent to Kaiper; indicating that, at the site plan stage, if it is appropriate to have that as a landscaped area as part of the industrial site plan, that would be fair, but it is not fair to have that put into the designation with increased setbacks into the industrial land; indicating that the property located at 1975 Cheapside Street is the subject of three or four different municipal numbers; (showing the location of Clarke Road and the extension of Cheapside Street on the map provided at the meeting); advising that his client had a conditional agreement of purchase and sale on this property to sell it to and industrial user, there was notification of this pending proposal and the potential purchaser of the industrial land walked away; indicating that Great Lakes Copper still has a desire to either sell this for industrial purposes or expand upon it; indicating that the green area outlined on the map provided at the meeting would, for all intents and purposes, gut that industrial land that is designated, zoned and fully serviced; advising that he wrote the attached communication on December 9, 2013, that sites the Provincial Policy Statement and the Official Plan; indicating that the removal of these lands from industrial designation and the removal of Industrial zoning on serviced or serviceable land is totally inconsistent with the Provincial Policy Statement; advising that these are employment lands and they are totally inconsistent with many policies of your Official Plan; understanding Mr. Levin to request that recommendation #9 be referred back and requesting that #9 not be referred back and that it proceed to be deleted by the action of the Municipal Council; and, reiterating that his position, on behalf of all of his clients, could not be more equivocal, that they want that to remain and no action be taken to down designate or down zone the lands.

·                    Arnon Kaplansky, 599 Maitland Street – enquiring as to public participation meeting seating.

·                    Anna Maria Valastro, 1-133 John Street – advising that what was not presented today but is in the online report is that the Ministry of Natural Resources and the Upper Thames River Conservation Authority have both raised serious concerns regarding the deregulation of these patches; noting that these concerns were not addressed by city staff and not presented here tonight; indicating that she is not sure how these decisions can be made if they are just desktop evaluations; advising that a proper evaluation is a three season evaluation; noting that there is a good reason for this; advising that nothing should go forward until a proper evaluation is done in a professional manner; indicating that you cannot ignore your partner agencies; advising that, if the partner agencies have raised concerns, none of their concerns are addressed in the report that she has read and she would like more information on this; indicating that the other item not spoken about is that all of the patches that you want to de-regulate or have no identity, are all attached to greener spaces; noting that one is a playground, one is farmland and some are not far from the River; advising that this is the opportunity, in the planning process, to decide on wildlife corridors because they enrich our city; indicating that they may not be hiring 50 to 100 people to work in an assembly plant but they generate other types of wealth, including employment wealth because these casual recreational areas do employ other types of employment; noting that it may not be Industrial but other types that cater to these leisurely individuals; advising that she feels very resentful that people are told that we have to live in boxes in the sky, that residential areas have to go up into the clouds so that people are denied backyards and gardens; indicating that people in the industrial community can afford to bring lawyers to a meeting and build sprawling empty boxes, yet they cannot build upwards; indicating that it is her understanding, from a comment the lawyer made earlier in the meeting, is that they want to sell their property and make some money from it; noting that that is not necessarily employable; advising that there should be a criteria where industry is held to the same standards as people, where they may have to build up to accommodate their facilities just like people have to build up; reiterating that people have to give up backyards and trees where residential high rises are built right to the perimeter of sidewalks, they don’t have green rooftops; noting that people are being devoid of everything that is soothing; advising that she believes that the evaluation has to be done here to relate to the proximity of other green spaces to allow every neighborhood to have a green space of its own so there is no need to get on the bus or take their car and drive 5 kms to get to a dog park; reiterating that, during the planning stage, you need to determine wildlife corridors; and, reiterating that the city staff need to address the concerns raised by the Ministry of Natural Resources and the Upper Thames River Conservation Authority, in a public manner so that everyone can understand what is happening.

·                    Mark Snowsell, Land Use Regulations Officer, Upper Thames River Conservation Authority (UTRCA) – advising that this has been a very comprehensive exercise and the UTRCA has taken a large amount of time to review the original proposals; giving credit to City of London staff for the effort that they put in to try to distill a rather large collection of properties and patches into something that the Committee can work their way through; indicating that the UTRCA Land Use Planner provided comments prior to Christmas; advising that all of the addresses and patches have been put into various categories; noting that this helps put them into situations where either the proposals for removal can come forward or, in the case of the Category 4 properties and patches, can be considered later given their complexity; advising that, for Category 4 properties and patches, we certainly share the comments that have been provided already; however, for those properties and patches that have been identified by the Planner, in his presentation, the UTRCA had the opportunity to review specifics with staff as recently as yesterday to ensure that what was coming forward today was clarified, compared to what might have been proposed originally; advising that the UTRCA does not have any specific concerns with the properties and patches that have been highlighted through the presentation; and, understanding that there will be a chance for the UTRCA to review the ones that are being recommended for further discussion.  (2014-D14)

 

Voting Record:

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

Motion to open the public participation meeting.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

Motion to close the public participation meeting.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

15.

Property located on a portion of 290 Hale Street (OZ-8271)

 

Recommendation:  That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of the City of London, relating to a portion of the property located at 290 Hale Street:

 

a)         the proposed by-law, as appended to the staff report dated March 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Schedule ‘A’ of the Official Plan to change the designation of the subject lands FROM a Light Industrial designation TO an Open Space designation; and,

 

b)         the proposed by-law, as appended to the staff report dated March 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a), above), to change the zoning of the subject property FROM a Light Industrial (LI2) Zone TO an Open Space (OS4) Zone;

 

it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter. (2014-D14)

 

Voting Record:

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

Motion to open the public participation meeting.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

Motion to close the public participation meeting.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

 

16.

Property located on a portion of 2339 Dundas Street and 2347 Dundas Street (OZ-8271)

 

Recommendation:  That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of the City of London, relating to a portion of the properties located at 2339 Dundas Street and 2347 Dundas Street:

 

a)         the proposed by-law, as appended to the staff report dated March 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Schedule ‘A’ of the Official Plan to  change the designation of the subject lands FROM an Auto Oriented Commercial Corridor designation TO an Open Space designation;

 

b)         the proposed by-law, as appended to the staff report dated March 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Schedule ‘B-1’ of the Official Plan to change the designation of the subject lands FROM an Unevaluated Vegetation Patch TO a Woodland;

 

c)         the proposed by-law, as appended to the staff report dated March 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan as amended in part a), above), to change the zoning of the subject property FROM a Restricted Service Commercial Special Provision/ Highway Commercial (RSC1(2)/RSC3/RSC4/RSC5/HS1/HS4) TO an Open Space (OS5) Zone;

 

it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter.    (2014-D14)

 

Voting Record:

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

Motion to open the public participation meeting.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

Motion to close the public participation meeting.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

17.

Properties located on a portion of 1424 Clarke Road, 2120 Huron Street, 2204 Huron Street and 16090 Robins Hill Road (OZ-8271)

 

Recommendation:     

 

a)         on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of the City of London, relating to a portion of the properties located at 2120 Huron Street, 2204 Huron Street and 16090 Robins Hill Road:

 

i)          the proposed by-law, as appended to the staff report dated March 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014 to amend Schedule ‘A’ of the Official Plan to  change the designation of the subject lands FROM a General Industrial designation TO an Environmental Review designation; and,

 

 

 

ii)         the proposed by-law, as appended to the staff report dated March 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan as amended in part a), above), to change the zoning of the subject property FROM a Holding General Industrial (h*GI) Zone TO an Environmental Review (ER) Zone;

 

b)         on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of the City of London, relating to a portion of the property located at 1424 Clarke Road:

 

i)              the proposed by-law, as appended to the staff report dated March 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Schedule ‘A’ of the Official Plan to  change the designation of the subject lands FROM a General Industrial designation TO an Environmental Review designation;

 

it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter.    (2014-D14)

 

Voting Record:

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

Motion to open the public participation meeting.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

Motion to close the public participation meeting.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

18.

Properties located on a portion of 2470 Colonel Talbot Road, 2536 Colonel Talbot Road, 2544 Colonel Talbot Road and 947 Longworth Road (OZ-8271)

 

Recommendation:

 

a)            on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of the City of London, relating to a portion of the property located at 2536 Colonel Talbot Road and 2544 Colonel Talbot Road;

 

i)          the attached, revised by-law, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Schedule ‘A’ of the Official Plan to  change the designation of the subject lands FROM a Low Density Residential TO an Open Space designation;

 

ii)         the attached, revised by-law, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Schedule ‘B-1’ of the Official Plan to change the designation of the subject lands FROM an Unevaluated Vegetation Patch TO a Significant Woodland; and,

 

iii)         the attached, revised by-law, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part i), above), to change the zoning of the subject property FROM an Urban Reserve (UR1) Zone and a Resource Extraction (EX) Zone, which regulates resource extraction operations which may be operated alone or in conjunction with other uses, through compounding TO an Open Space (OS5) Zone;

 

b)            the application of the City of London, relating to a portion of the property located at 2470 Colonel Talbot Road, BE REFERRED to the Civic Administration for further consideration as the property owner has an aggregate license under the Aggregate Resources Act;

 

c)            on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of the City of London relating to a portion of the property located at 947 Longworth Road:

 

             i)                 the attached, revised by-law, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Schedule ‘A’ of the Official Plan to change the designation of the subject lands FROM an Urban Reserve Community Growth designation TO an Environmental Review designation;

 

            ii)                 the attached, revised by-law, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Schedule ‘B-1’ of the Official Plan to DELETE a portion of Unevaluated Vegetation Patch 10059; and,

 

           iii)                 the attached, revised by-law, BE INTRODUCED at the Municipal Council meeting to be held on March 18, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part c) i), above), to change the zoning of the subject property FROM an Urban Reserve (UR2) Zone TO an Environmental Review (ER) Zone;

 

it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:

 

·                     Alan R. Patton, Patton, Cormier & Associates – addressing the property located at 2470 Colonel Talbot Road; indicating that the attached communication from E. Cormier, Patton, Cormier & Associates was provided at the meeting; noting that the communication is self-explanatory; advising that Mr. Scott Allen, MHBC Planning, is in attendance on this matter as well; indicating that the concerns of Southwinds; referencing the map located in the Planning and Environment Committee Agenda on page 276, it is in the extraction zoning and it is subject to a license under the Aggregate Resources Act; advising that the aggregate license will prevail; indicating that, what is unknown, at this point, is whether the recommendation to OS5 is inconsistent with the rehabilitation plan set out in the aggregate license; and, requesting that this matter be referred back for further discussion and consideration with staff because it is clearly a site that has to be rehabilitated and if OS5 is not consistent with the rehabilitation plan, there would be a conflict with the Aggregate Resources Act.

·                     Craig Linton, Norquay Developments Limited, on behalf of Mr. & Mrs. Schalk, 947 Longworth Road – indicating that he was advised of the proposed Official Plan amendments and Zoning By-law amendments by his client; advising that he has had extensive discussions with staff; indicating that he advised the staff of the aggregate license on the properties and he believes that staff have worked around the matter; indicating that they realized that the proposed land use designation change from Urban Reserve Community Growth to Environmental Review (the yellow section on the map provided at the Planning and Environment Committee meeting), would be included in this designation and they would have to deal with that through a future planning application; advising that they are not necessarily objecting to that; pointing out that there should be more than a desktop review done; noting that the City can seemingly undertake to do an Official Plan Amendment and a Zoning By-law Amendment based on a desktop review; however, if a landowner comes forward and wants to go the other way, the process is completely different; advising that it seems somewhat unfair to him that the City can downgrade very easily but to go the other way is an extraordinarily difficult process; advising that they developed the extension of Longworth Road connecting into Cranbrook Road; noting that Cranbrook Road was intended to be more north and loop back into Longworth Road a couple of houses to the southwest of 929 Longworth Road; indicating that their prepared their design in accordance with future planning and also in accordance with the Official Plan which shows Cranbrook Road as a secondary collector looping up and back around to come onto Longworth Road to facilitate the development in there; indicating that the area that is outside the yellow area is predominately buckthorn; advising that the area cannot be developed until their aggregate pit licenses are updated so that their aggregate operations either move away from the development or the pits cease to exist; indicating that there is a small portion of land on the south side of Longworth Road that is the subject of a current planning application; indicating that, when he looks at the amount of scrutiny that the City takes with respect to downzoning lands from Urban Reserve Community Growth to Environmental Review, the amount of environmental work that one has to go through to justify development of a 0.16 hectare parcel of land that has always been intended to be developed does not seem like a very fair process; indicating that what he is being dragged through for what is to be a small three lot portion which was always meant to be developed is so much more than what is required even under the Official Plan policies; and, reiterating that it does not seem entirely fair but he does not object to the lands shown being designated Environmental Review. 

·                     Sandy Levin, 59 Longbow Road – indicating that he misspoke earlier in the meeting; clarifying that he did not ask that clause 9 in Agenda Item #14 be referred back; advising that his questions related to clause 7 on page 189; indicating that, on the map on page 286, the area to the left of the map that is OS5, believing that part of that is already OS5 as there is a Provincially significant wetland below it; and, expressing appreciation for the clarity on this matter provided by the staff.

·                     Norm Pizalli, 1003 Thistleridge Crescent – advising that he has lived at his residence for seven years, since the commencement of the development; indicating that it would be good to have planning that carries everything through; indicating that he is not sure that that is happening; indicating that there is a corner of the property that leads down to Dingman Creek that is wetland; advising that, in his observations over the past several years, the area has wild deer, wild turkeys and some pretty significant hickory and oak trees; advising that it would be good to have the entire corridor protected; indicating that he was advised, when they purchased their property, that the area would be green space behind the lots and connecting down to the area; noting that, in seven years, he has not seen anything that makes that commitment; enquiring as to why the corridors are not being protected at the initial subdivision stage so that the developers and purchasers know what they are getting into; expressing support for the parcel that is being designated OS5; enquiring as to whether or not the trees can be removed without the City’s permission if the area in yellow is designated OS5 so that the same situation as what happened on Teeple Terrace does not occur here; indicating that he resided in Downtown London for 25 years and now he lives in the suburbs; advising that he is not impressed with the way that the developers work, that the ones that he is watching are not good stewards in terms of runoff, tree protection and the way things happen; indicating that it is important that the Municipal Council takes the necessary steps because developers are there for the dollars; noting that they have a legal obligation to maximize profits and that is what they do; and, indicating that it is up to the Municipal Council to not implement piecemeal planning and implement comprehensive planning to protect the wild and natural areas that everyone loves.

·                     Ellie Westeinde, 3645 Bostwick Road -  advising that she is familiar with this area; concurring with the comments relating to the existence of a Provincially Significant wetland in the area; expressing concern with the way that the pictures are presented and how decisions are made based on partial information because they never get to see what else there is adjacent to the site; advising that it makes it really hard to understand it; indicating that if you do not live there or are familiar with the area, it is hard to understand what is presented; suggesting that there should be a way to overlay all of the green space that is in the area and highlight the part being discussed rather than have a black and white picture which does not mean anything to most people; and, using the property located at 9345 Elviage Drive as an example, as the pictures did not show that the land fell away on all three sides; noting that it just showed the land as flat.

·                     Rudy Green, 2536 Colonel Talbot Road, 2544 Colonel Talbot Road and 2574 Colonel Talbot Road – advising that his family has owned the property since 1946 when his father purchased the land after coming home from service in the Canadian Army in WWII; advising that his family has no intention of selling the farm; noting that his sister has three 20 year olds who will eventually inherit the farm; indicating that, after receiving the City’s letter outlining that the City would like the north bush, the area closest to the gravel pit, designated as a Significant Woodland and protected from development under the Conservation Authority, we    accept this proposal; reiterating that they would like to leave the bush protected; advising that his bush has a lot of large ash trees that he does not believe have been affected by the Emerald Ash Borer; however, he believes that it is inevitable that, sooner or later, the Emerald Ash Borer is going to infest and kill the ash trees in London and in Ontario within the next 10 to 20 years; expressing hope that a solution is found to exterminate this pest as the ash tree is one of the most beautiful trees in the forest ecosystem; noting that the last trees that were infested needed to be removed; advising that he is a logger and can do so himself; indicating that there is quite a variety of trees in the woodlot; noting that there are 150 year old white oaks, red oaks, cherry, ash and other varieties; indicating that there is a cluster of 30 year old poplars on the slope that are too thick and need to be thinned; requesting permission to do that; advising that there is a small pond right in the middle of the bush, at the base of the hill, that has been there for 10,000 years unchanged that rarely goes dry and would be left as is; indicating that there is a large pond at south end of the bush that was dug with a bulldozer 35 years ago and a dam was made to hold the water back; advising that the problem is that the soil is sand and the water seeps out leaving a small pond that rarely goes dry; advising that he would like to put a plastic liner around the sides of the small pond and across dam to keep as much water in as possible; noting that no trees need to be cut down but shrubbery needs to be removed; further noting that he would not put any plastic on the bottom of the ponds so that it is open for the turtles and frogs in the pond; also noting that the water is quite clean; reiterating his request to leave the bush for conservation; hoping that it is enjoyed as much as they have enjoyed it; expressing appreciation to the developers for leaving 15 feet along the bush; noting that they probably should have left some more shrub land for the birds; indicating that, as far as north street woods goes, that the gravel pits owns on the north end of their property, the original owner promised him, when he was 22 or 23 years old, that he would leave it as a buffer; and, indicating that it is none of his business to say what the city should do so I have no comment on it other than make your own decision.

·                     Paulo Andrade, 929 Longworth Road - concurring with neighbours comments; indicating that there are lots of animals crossing the road, such as deer and turkeys; pointing out that, to the left and the south, the area contains full size trees; concurring that there are oaks and a lot of other trees there; advising that the area continues across the street where there is green space and there is a little pond area there; advising that they are quite excited and happy that this area has been shown as green space and hoping that it continues; indicating that they would also like to challenge people to look ahead more; advising that the trees on south area, (on the map in yellow), are full size trees; indicating that they have lost some trees to development and they would really be disappointed if that continues; advising that, living in that area, they do hear a lot of noise from the pit; and, expressing concern that the more trees removed from the area, the less buffer that they will have for sound.

 

 

 

·                     Loretta Pellizzari, 1003 Thistleridge Crescent – indicating that the area in the yellow, on the right side, that is designated for environmental protection is not big enough; indicating that, to the south of the area, there are very large trees that form a corridor between the gravel pit and the municipal ponds on Longworth Road where the open space is; advising that she is not sure what level of city plan there is, but she has seen a proposed walkway on a city plan; noting that it was not official; advising that it is a good idea; advising that the area south of that is the municipal pond; indicating that their house backs onto where the big trees are; hoping that the trees do not get chopped down; advising that she sees animals going down to the pond; indicating that, with the new development, the animals have to go between the houses, across Longworth Road and to the pond; indicating that, when the development on Longworth Road has been completed, it is going to be a terrible situation as deer will be getting killed on the road; advising that she believes that the deer and other wildlife continue to go to the water, when they need it, as there is no other water available; reiterating that the little yellow patch is great but is not big enough; and, requesting that Council please relook at it and protect some of the bigger trees.   (2014-D14)

 

Voting Record:

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

Motion to open the public participation meeting.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

Motion to close the public participation meeting.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

IV.

ITEMS FOR DIRECTION

 

19.

3rd Report of the London Advisory Committee on Heritage

 

Recommendation:  That, the following actions be taken with respect to the 3rd Report of the London Advisory Committee on Heritage from its meeting held on February 12, 2014:

 

a)            on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit Application of Anago (NON) Residential Resources, requesting permission for a modification to the chimneys on the designated heritage property located at 371 Princess Avenue BE APPROVED, subject to the reconstruction of the two front chimneys being a single structure in similar style and height, including the corbelling; it being further noted that the LACH heard verbal delegations from J. Blackwell, Anago (NON) Residential Resources and M. Lloyd, Masonry Contractor, with respect to this matter;

 

b)            on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit Application of Farhi Holdings Inc., requesting permission for the construction of a new building on the designated heritage property located at 350 Oxford Street West BE APPROVED; it being noted that staff will continue to discuss the nature of the signage along the Waterloo Street façade; it being further noted that the London Advisory Committee on Heritage reviewed and received a communication dated January 23, 2014, from B. Henry, Manager, Development Planning, with respect to a Notice of Public Meeting relating to this matter; and,

 

c)            that clauses 3 to 10, inclusive, BE RECEIVED.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

20.

2nd Report of the Trees and Forests Advisory Committee

 

Recommendation:  That, the following actions be taken with respect to the 2nd Report of the Trees and Forests Advisory Committee from its meeting held on February 19, 2014:

 

a)            the Civic Administration BE REQUESTED to consider the recommendations and comments, prepared by the Trees and Forests Advisory Committee Working Group, with respect to the City’s review of the Tree Conservation By-law; and,

 

b)            that clauses 2 to 6, inclusive, BE RECEIVED.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, S.E. White, J.L. Baechler (5)

 

V.

DEFERRED MATTERS/ADDITIONAL BUSINESS

 

21.

Medway Valley Heritage Forest Environmentally Significant Area, Phase One, Conservation Master Plan

 

The Civic Administration BE REQUESTED to report back to the Environmental and Ecological Planning Advisory Committee with respect to the Medway Valley Heritage Forest Environmentally Significant Area, Phase One, Conservation Master Plan at its earliest opportunity.

 

Motion Passed

 

YEAS: D.G. Henderson, B. Polhill, P. Hubert, J.L. Baechler (4)

 

VI.

ADJOURNMENT

 

The meeting adjourned at 6:02 PM

 

 

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