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20TH REPORT OF THE

 

Planning and Environment Committee

 

meeting held on July 23, 2012, commencing at 4:00 PM, in the Council Chambers, Second Floor, London City Hall. 

 

PRESENT:  Councillor B. Polhill (Chair), Councillors J.P. Bryant, D.G. Henderson, J.B. Swan and S. White and H. Lysynski (Secretary). 

 

ALSO PRESENT:  G. Barrett, J. Braam, M. Corby, A. Dunbar, B. Henry, P. Kokkoros, G. Kotsifas, B. Krichker, J. Leunissen, J. Ramsay, M. Ribera, A. Riley, C. Smith, M. Tomazincic, B. Warner, J. Yanchula and P. Yeoman.

 

 

 

I.

DISCLOSURES OF PECUNIARY INTEREST

 

1.

That it BE NOTED no pecuniary interests were disclosed.

 

II.

CONSENT ITEMS

 

2.

Holiday Avenue/Greenfield Drive Area

 

Recommendation:  That, on the recommendation of the Acting Executive Director, Planning Environmental and Engineering Services & City Engineer, the Civic Administration BE AUTHORIZED to remove the holding provision on the property located at 7 Holiday Avenue; it being noted that the owner is required to contain and manage the stormwater on site, in accordance with City requirements.   (2012-W10-02)

 

3.

Potential Adverse Impacts to Municipal Infrastructure, Private and/or Public Lands and Ecological Conditions of the Water Resources System From Beaver Activity

 

Recommendation:  That, on the recommendation of the Acting Executive Director Planning, Environmental and Engineering Services & City Engineer, the following actions be taken with respect to beaver activity in the vicinity of infrastructure, such as stormwater management facilities and Municipal Drains or watercourses:

 

a)         the Civic Administration BE DIRECTED to refrain from interfering with beaver dams where the damming activity does not compromise the operation of infrastructure, such as,  stormwater management (SWM) facilities, municipal drains, channels, and/or does not create flooding conditions that impacts the safety of people or property; and/or does not adversely impact the environment and ecological conditions of the water resources system;

 

b)         the Civic Administration BE DIRECTED to maintain the City’s existing practices in accordance with requirements identified and governed by the Ministry of Natural Resources that allow the removal of beaver dams to protect, maintain or construct municipal infrastructures, protect the safety of the people and properties in accordance with the City of London’s operating authority responsibilities for water resources/SWM infrastructure under the Ontario Water Resources Act, Drainage Act, Environmental Assessment Act, Fisheries Act, as well as Riparian Rights Law and other applicable laws, wherein beaver dams compromise the operation of infrastructure, such as,  SWM facilities, municipal drains, channels, open watercourses, present a barrier to fish movement, cause a hazard to public health, alter sediment transport regimes, increase water temperatures or cause adverse flooding of private or public land; and,

 

c)         the Civic Administration BE DIRECTED to report back on the outcome of what actions are undertaken with respect to the beavers;

 

it being noted that the Planning and Environment Committee received a communication, dated July 22, 2012, from Sara Rans, Animal Welfare Advisory Committee, with respect to this matter.   (2012-W10-00/P04-00)

 

4.

Properties located at 2365 and 2865 Innovation Drive (H-8062)

 

Recommendation:  That, on the recommendation of the Senior Planner, Development Services, based on the application by the City of London relating to properties located at 2365 Innovation Drive and 2865 Innovation Drive, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on July 24, 2012, 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 Light Industrial Special Provision (h•h-2•LI2(9)) Zone TO a Light Industrial Special Provision (LI2(9)) Zone to remove the holding provisions.  (2012-D11-02)

 

5.

Municipal Support Resolutions for Local Renewable Electricity Generation Projects Seeking Ontario Feed-In Tariff Contracts

 

Recommendation:  That, on the recommendation of the Director, Development & Compliance & Chief Building Official, the Civic Administration BE DIRECTED to undertake the following actions with respect to proposed changes (Program Rules) to the Feed-in-Tariff (FIT) Program, operated by the Ontario Power Authority (OPA):

 

a)         undertake the process described in the recommendations below when the Draft FIT Program Rules (April 5, 2012), which are designed to assist renewable energy project developers obtain timely Municipal Council Support Resolutions, are finalized in the very near future; it being noted that if the FIT Program Rules are substantially changed when finalized, the Civic Administration will revise these recommendations and resubmit, if required;

 

b)         co-ordinate and review all requests for a Municipal Council Support Resolution and determine if the request(s) fall into Category 1 Projects (all rooftop solar anywhere in London), Category 2 Projects (ground-mounted solar at specific locations in London) or Category 3 Projects (significant FIT projects, such as wind, biomass and biogas at specific locations in London);

 

i)              for Category 1 Projects, the proposed resolution that the construction and operation of rooftop solar projects, having little or no potential for impacts on adjacent properties, be supported without reservation anywhere in London where permitted by the Province of Ontario’s Feed-In Tariff (FIT) Program rules be approved, as set out in the Municipal Council Blanket Support Resolution attached hereto as Appendix “A”;

 

ii)             for Category 2 Projects, the proposed resolution that the construction and operation of ground-mounted solar projects, having little or no potential for impacts on adjacent properties, be supported at a specific location(s) identified by the project developer where permitted by the Province of Ontario’s Feed-In Tariff (FIT) Program rules be approved as at two step process:

 

A)            the Civic Administration prepare a recommendation report to Planning & Environment Committee commenting on the proposed location; and,

B)        if supported by the Civic Administration, submit a Municipal Council Support Resolution attached hereto as Appendix “B” as part of the report to Planning & Environment Committee; and,

 

iii)            for Category 3 Projects, the Civic Administration will review and offer recommendations to Council on the required steps for undertaking these types of projects and opportunities for a Municipal Council Support Resolution;

 

 

c)            co-ordinate the Municipal Council Support Resolution process through the Land Use Planning Division; it being noted that liaison will take place with the Civic Administration from Development & Compliance and Environmental & Engineering Services; and,

 

d)            the Mayor and the City Clerk be authorized to sign any requested Council Resolution for Category 1 Projects using the Municipal Council Blanket Support Resolution (Appendix “A”); it being noted that these recommendations are solely for the purpose of enabling an applicant of the FIT Program to receive priority points under the new FIT Program rules, and may not be used for the purpose of any other form of municipal approval in relation to the application or project or any other purpose;

 

it being noted that the Planning and Environment Committee received a communication, dated June 25, 2012, from Richard Weston, Director of Business Development, QPA Solar Inc., with respect to this matter.   (2012-W12-00)

 

6.

Ontario Municipal Board Decision - 1240 Richmond Street (Z-7949)

 

Recommendation:  That, the Ontario Municipal Board decision relating to the appeal by Linda Anne Brand with respect to the Municipal Council decision to refuse a Zoning By-law amendment relating to the property at 1240 Richmond Street, BE RECEIVED.   (2012-D11-01)

 

7.

Notice of Completion of Provincial Environmental Assessment for Disposition of the London Psychiatric Hospital Lands (O-7668)

 

Recommendation:  That, on the recommendation of the Director, Land Use Planning and City Planner, the Class Environmental Assessment, Notice of Completion of Consultation and Documentation Report, Category B, for the London Psychiatric Hospital lands located at 850 and 900 Highbury Avenue, BE RECEIVED.  (2012-D11-05)

 

 

8.

Meadowlily Secondary Plan - Status Report (O-7614)

 

Recommendation:  That, on the recommendation of the Director, Land Use Planning and City Planner, the preferred land use and servicing options, and associated draft background studies for the Meadowlily Secondary Plan, BE RECEIVED; it being noted that the preferred land use option, and associated background studies, for the Meadowlily Secondary Planning Area will be tabled for public review and comment at the Planning and Environment Committee meeting to be held on September 4, 2012.   (2012-D11-09)

 

9.

Airport Area Tax Increment Grant Program - 2480 Huron Street

 

Recommendation:  That, on the recommendation of the Director, Land Use Planning and City Planner, the processing of an Airport Area Tax Increment Grant Application for lands in the Airport Area Community Improvement Plan known municipally as 2480 Huron Street, BE RECEIVED. (2012-F12-00)

 

10.

Telecommunication Facilities Consultation Policy (O-7881)

 

Recommendation:  That, on the recommendation of the Director of Land Use Planning and City Planner, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on July 24, 2012, to implement a Telecommunications Facilities Consultation Policy; it being noted that the regulation of these facilities, including the siting, is a Federal matter administered through Industry Canada.  (2012-I11-00)

 

 

 

 

 

 

 

III.

SCHEDULED ITEMS

 

11.

Properties located at 603, 609 and 611 Oxford Street West (Z-7578)

 

Recommendation:  That, on the recommendation of the Director, Land Use Planning and City Planner, based on the application of 625041 Ontario Limited, relating to the properties located at 603, 609 and 611 Oxford Street West, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on July 24, 2012, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Restricted Service Commercial (RSC4) Zone and a Residential R9 (R9-7.H38) Zone TO a Restricted Service Commercial/Restricted Service Commercial Special Provision (RSC2/RSC3/(RSC4(  )) Zone, to permit a broad range of restricted service commercial uses and to recognize an existing auto body shop use; it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter. (2012-D11-07)

 

12.

Properties located at 981 and 983 Wonderland Road South (OZ-8043)

 

Recommendation:  That, on the recommendation of the Director, Land Use Planning and City Planner, the following actions be taken with respect to the application of Sobeys Development Limited Partnership, relating to the properties located at 981 & 983 Wonderland Road South:

 

a)         the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on July 24, 2012, to amend Special Policy 10.1.3, cxxxvi) of the Official Plan, which applies to 981 Wonderland Road South to DELETE the words “In the Southdale/Wonderland Commercial Policy area applicable to 981 Wonderland Road South, in addition to the uses permitted in the Commercial Policy designation, a small-scale supermarket may also be permitted” and to INSERT the words “In the Auto-Oriented Commercial Corridor designation applicable to 981 & 983 Wonderland Road South, in addition to the uses permitted in the Auto-Oriented Commercial Corridor designation, a small-scale supermarket and a limited amount of retail space with a maximum gross floor area of 996 m2 (10,721 sq.ft.) may and also be permitted”; and,

 

b)         the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on July 24, 2012, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a) above), FROM a Restricted Service Commercial Special Provision/Highway Service Commercial (RSC2(10)/HS2) Zone, which permits a wide range of commercial uses and a small scale supermarket with a maximum gross floor area of 3,372 m2 (36,300 sq.ft.) and a minimum of 172 parking spaces TO a Restricted Service Commercial Special Provision/Highway Service Commercial Special Provision (RSC2( __)/HS2(__)) Zone, to allow retail store use with a maximum gross floor area of 996 m2 (10,721 sq.ft.), a small scale supermarket with a maximum gross floor area of 3,372 m2 (36,300 sq.ft.), a minimum of 172 parking spaces, a reduced front yard setback to 2.2 metres (7.2 feet), a reduced exterior side yard setback to 3 metres (7.2 feet) and a reduced rear yard setback to 5 metres (16.4 feet);

 

it being noted that the site plan process will address issues such as building location, landscaping, buffering, fencing, access, and drainage;

 

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

 

·                     Jason Jordan, 60 Blackfriars Street – enquiring as to where the walkway will be located from the retail to the street; and, enquiring as to the location of the bicycle parking.   (2012-D11-07)

 

 

 

 

 

13.

Property located at 7 Greenfield Court

 

Recommendation:  That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to the site plan approval application by Joseph Ruscio Construction Ltd., relating to the property located at 7 Greenfield Court:

 

a)         the Approval Authority BE ADVISED that there were no issues raised at the public participation meeting of the Planning and Environment Committee with respect to the site plan approval application;

 

b)         the Approval Authority BE ADVISED that the Municipal Council supports the approval of the attached Site Plan for a single detached dwelling; and,

 

c)         the financing for the project BE APPROVED in accordance with the “Claims and Revenues Report” provided as Schedule “A” to the associated staff report, dated July 23, 2012.    (2012-D25-00)

 

IV.

ITEMS FOR DIRECTION

 

14.

Forest City Industrial Stormwater Management Facility and Westminster Wetland Complex

 

Recommendation:  That the Committee Secretary BE DIRECTED to make the necessary arrangements for a delegation by J.R. Keron, regarding the Forest City Industrial Stormwater Management Facility and Westminster Wetland Complex, at the Planning and Environment Committee meeting to be held on August 20, 2012.  (2012-W10-00)

 

15.

Property located at 1365 Dundas Street

 

Recommendation:  That, the following actions be taken with respect to the verbal presentation from A.R. Patton, Patton, Cormier & Associates, with respect to the proposed plans to update the existing site plan for Highbury Ford, located at 1365 Dundas Street:

 

a)         the proposal BE SUBJECT TO  a scoped site plan approval;

 

b)         any required road widening dedications BE TAKEN, and the Civic Administration BE DIRECTED to review the by-laws relating to boulevard rental fees and establish a nominal fee for this application while the City of London Policy is being reviewed by the Civic Administration;

 

c)         the Civic Administration BE DIRECTED to consider the proposed site plan with limited scope when addressing the oil/grit separator and parkland requirements; and,

 

d)         the Civic Administration BE DIRECTED to confirm the road widening requirements for this site; it being noted that road widening requirements will not include areas where there are existing buildings;

 

it being noted that the Planning and Environment Committee reviewed and received a communication, dated July 9, 2012, from A.R. Patton, Patton Cormier & Associates, with respect to this matter.  (2012-D25-00)

 

16.

Properties located at 1197 York Street and 1201-1203 York Street (Z-8046)

 

Recommendation:  That, notwithstanding the recommendation of the Director, Land Use Planning and City Planner, based on the application of Insites Consulting, relating to the properties located at 1197 York Street and 1201-1203 York Street, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on July 24, 2012, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject properties FROM a Residential R2 (R2-2) Zone, which permits single detached dwellings, semi-detached dwellings, duplex dwellings and converted dwellings (to a maximum of 2 units)  TO a Residential R2 Special Provision (R2-2(*)) Zone, for the lands at 1197 York Street to allow for maximum of 4 units within a converted dwelling with a minimum lot area of 520 m2, a minimum front yard depth of 2.7 meters, a minimum interior yard (east) of 1.9 meters, a minimum yard depth (west) of 0.7 meters and a maximum building height of 12 meters and a Residential Special Provision (R2-2(**)) Zone, for the lands at 1201/1203 York Street to allow for a maximum of 4 units within a converted dwelling with a minimum lot area of 520 m2, a minimum front yard depth of 3.1 meters, a minimum interior yard (east) of 2.6 meters and a maximum building height of 12 meters and maximum parking area coverage of 25.4%

 

V.

DEFERRED MATTERS/ADDITIONAL BUSINESS

 

VI.

ADJOURNMENT

 

The meeting adjourned at 6:25 p.m.

 

 

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