Planning and Environment Committee

Report

Meeting #:17th Meeting of the Planning and Environment Committee Meeting
Date:
-
Location:
Council Chambers
PRESENT:
  • Councillors S. Turner (Chair),
  • A. Hopkins,
  • M. Cassidy,
  • J. Helmer,
  • T. Park,
  • and Mayor M. Brown
ALSO PRESENT:
  • Councillors H.L. Usher and M. van Holst; I. Abushehada, A. Anderson, G. Barrett, G. Belch, M. Corby, L. Dent, A. DiCicco, M. Elmadhoon, M. Feldberg, J.M. Fleming, H. Lysynski, T. Macbeth, J. MacKay, S. Mathers, B. O'Hagan, C. Parker, M. Pease, L. Pompilii, C. Smith, J. Smolarek, M. Sundercock, M. Tomazincic, S. Wise and P. Yeoman

     

     

    The meeting was called to order at 4:00 PM


That it BE NOTED that no pecuniary interests were disclosed.

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

    That Items 2.1 to 2.12, inclusive, BE APPROVED.


    Yeas: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)
  • Moved by:A. Hopkins
    Seconded by:M. Cassidy

    The 10th Report of the Advisory Committee on the Environment, from its meeting held on October 3, 2018, BE RECEIVED; it being noted that the Report has previously been adopted by the Municipal Council.



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

    That the following actions be taken with respect to the 10th Report of the Trees and Forests Advisory Committee from its meeting held on October 24, 2018:

     

    a)            the following actions be taken with respect to black plastic rings around tree bases:

     

    i)             the Civic Administration BE REQUESTED to prioritize the city communications initiative with respect to black plastic rings around tree bases; and,

    ii)            the Civic Administration BE INVITED to a future meeting of the Trees and Forests Advisory Committee (TFAC) to provide information with respect to the updated City of London’s Urban Forestry website; it being noted that TFAC heard a verbal update from K. Hodgins, Supervisor of Operations, with respect to this matter; and,

     

    b)            clauses 1.1, 3.1, 4.1 and 5.1, BE RECEIVED for information.



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

    That, on the recommendation of the Manager, Development Planning, based on the application by 1803299 Ontario Inc., relating to the properties located at 100 Kellogg Lane and 1127 Dundas Street, the proposed by-law appended to the staff report dated November 12, 2018 BE INTRODUCED at the Municipal Council meeting to be held on November 20, 2018 to amend Zoning By-law Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Special Provision Business District Commercial (h-212•BDC1•BDC2(12)) Zone and a Holding Special Provision Business District Commercial (h-212•BDC1•BDC2(12)) Zone TO a Special Provision Business District Commercial (BDC1•BDC2(12)) and a Special Provision Business District Commercial (BDC1•BDC2(13)) Zone to remove the “h-212” holding provision from these lands.    (2018-D09)



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

    That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the Music, Entertainment and Culture Districts:

     

    a)         the revised Music, Entertainment and Culture District Strategy appended to the staff report dated November 12, 2018 as Appendix "A" BE APPROVED; it being noted that the Strategy has been amended as directed by the Municipal Council on March 21, 2017 and on June 13, 2017 and contains replacement pages 63 to 65, revisions to pages 66 to 67, and document-wide changes redefining and renaming the former “Downtown District”; and,

     

    b)         the Music, Entertainment and Culture District Implementation Status Update appended to the staff report dated November 12, 2018 as Appendix “B” BE ADOPTED.   (2018-C08)



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

    That, on the recommendation of the Manager, Development Planning, based on the application by Topping Family Farm Inc., relating to the property located at 3105 Bostwick Road, the proposed by-law appended to the staff report dated November 12, 2018 BE INTRODUCED at the Municipal Council meeting to be held on November 20, 2018 to amend Zoning By-law Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Special Provision Residential R2 (h*h-100*R2-4(2)) Zone TO a Special Provision Residential R2 (R2-4(2)) Zone to remove the “h” and “h-100” holding provisions.   (2018-D09)



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

    That, on the recommendation of the Senior Planner, Development Services, based on the application by 905 Sarnia Inc., relating to the properties located at 1233 and 1237 Sandbar Street, the proposed by-law appended to the staff report dated November 12, 2018 BE INTRODUCED at the Municipal Council meeting to be held on November 20, 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 R1 Special Provision (h-82*R1-13 (3)) Zone TO a Residential R1 Special Provision (R1-13 (3)) Zone to remove the h-82 holding provision.    (2018-D09)



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

    That, on the recommendation of the Managing Director, Planning and City Planner and Managing Director, Development and Compliance Services & Chief Building Official, the staff report dated November 12, 2018, entitled "Upper Thames River Conservation Authority Dingman Creek Subwatershed Screening Area Mapping" BE RECEIVED for information.   (2018-E09)



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

    That, on the recommendation of the Senior Planner, Development Services, based on the application by Town and Country Developments (2005) Inc., to exempt the following lands from Part-Lot Control, the proposed by-law appended to the staff report dated November 12, 2018 BE INTRODUCED at the Municipal Council meeting to be held on November 20, 2018 to exempt Blocks 2 and 3 of Registered Plan 33M-664 from the Part Lot Control provisions of Subsection 50(5) of the Planning Act.   (2018-D09)



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

    That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to the application by John Spriet, relating to the properties located at 4161 and 4141 Raney Crescent:

     

    a)            the proposed by-law appended to the staff report dated November 12, 2018 BE INTRODUCED at the Municipal Council meeting to be held on November 20, 2018 to deem Lots 21 and 23 of Registered Plan 33M-177, City of London, County of Middlesex not to be in a registered plan of subdivision for the purposes of subsection 50(3) of the Planning Act;

     

    b)            the City Clerk BE DIRECTED to provide notice of the by-law passing and undertake registration of the Deeming By-law, in accordance with the provisions in subsections 50(28) and 50(29) of the Planning Act; and,

     

    c)            the applicant BE REQUIRED to pay for any costs incurred to register the deeming by-law at the land registry office.    (2018-D12)



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

    That, on the recommendation of the Director, Development Services, the following actions be taken with respect to the Subdivision Agreements and Amending Subdivision Agreements between The Corporation of the City of London and Speyside East Corporation, for the subdivision of land referred to as the Talbot Village Community, located on the north side of Pack Road, east of Colonel Talbot Road:

     

    a)            the Amending Agreement appended to the staff report dated November 12, 2018 between The Corporation of the City of London and Speyside East Corporation, BE APPROVED for Talbot Village Phase 1A (Plan 33M-458); subdivision agreement;

     

    b)            the Amending Agreement appended to the staff report dated November 12, 2018 between The Corporation of the City of London and Speyside East Corporation, BE APPROVED for Talbot Village Phase 1B (Plan 33M-494); subdivision agreement;

     

    c)            the Amending Agreement appended to the staff report dated November 12, 2018 between The Corporation of the City of London and Speyside East Corporation, BE APPROVED for Talbot Village Phase 2 (Plan 33M-624); subdivision agreement;

     

    d)            the Amending Agreement appended to the staff report dated November 12, 2018 between The Corporation of the City of London and Speyside East Corporation, BE APPROVED for Talbot Village Phase 3 (Plan 33M-562); subdivision agreement;

     

    e)            the Amending Agreement appended to the staff report dated November 12, 2018 between The Corporation of the City of London and Speyside East Corporation, BE APPROVED for Talbot Village Phase 4 (Plan 33M-684), subdivision amending agreement; and,

     

    f)             the Mayor and the City Clerk BE AUTHORIZED to execute the Agreements noted in a) to e) above, any further amending agreements and all documents required to fulfil its conditions.    (2018-D12)



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

    That, on the recommendation of the Manager, Development Planning, based on the application by Rockwood Homes, c/o Andrea McCreery, Stantec Consulting Ltd., the proposed by-law appended to the staff report dated November 12, 2018 BE INTRODUCED at the Municipal Council meeting to be held on November 20, 2018 to exempt part of Block 55 in Plan 33M-699 from the Part-Lot Control provisions of Subsection 50(5) of the Planning Act, for a period not exceeding three (3) years.   (2018-D12)



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

    That the Building Division Monthly Report for the month of September, 2018 BE RECEIVED for information.   (2018-D04)



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

    That, on the recommendation of the Manager, Development Planning, with respect to the application of 700531 Ontario Ltd., c/o Tony Marsman Construction, relating to the property located at 1175 Blackwell Boulevard, the proposed by-law appended to the staff report dated November 12, 2018 BE INTRODUCED at the Municipal Council meeting to be held on November 20, 2018 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), FROM a Residential R4 (R4-5) Zone TO a Residential R5 (R5-5) Zone to permit townhouse and stacked townhouse dwellings;

     

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

     

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

     

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

    •              the recommended amendment conforms to The London Plan;

    •              the recommended amendment conforms to the policies of the 1989 Official Plan; and,

    •              the proposed development will permits a form of development that is appropriate for the subject lands and is compatible with the existing and planned surrounding land uses.   (2018-D09)


    Yeas: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)

    Additional Votes:


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

    Motion to open the public participation meeting.


    Yeas: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)
  • Moved by:Mayor M. Brown
    Seconded by:M. Cassidy

    Motion to close the public participation meeting.


    Yeas: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)
  • Moved by:Mayor M. Brown
    Seconded by:T. Park

    That, on the recommendation of the Senior Planner, Development Services, based on the application by Sunningdale Golf and Country Ltd., relating to a portion of the property located at 600 Sunningdale Road West, the comments received from the public during the Public Engagement process appended to the staff report dated November 12, 2018 BE RECEIVED; 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 of the subject application;

     

    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: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)

    Additional Votes:


  • Moved by:Mayor M. Brown
    Seconded by:M. Cassidy

    Motion to open the public participation meeting.


    Yeas: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)
  • Moved by:A. Hopkins
    Seconded by:M. Cassidy

    Motion to close the public participation meeting.


    Yeas: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)
  • Moved by:A. Hopkins
    Seconded by:Mayor M. Brown

    That, on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the following actions be taken with respect to the application of The Corporation of the City of London to update and replace the Heritage Places guideline document which applies citywide:

     

    a)         the proposed by-law appended to the staff report dated November 12, 2018 as Appendix “A” and the draft guideline document – Heritage Places 2.0: A Description of Potential Heritage Conservation Districts in the City of London (Heritage Places 2.0) appended to the staff report dated November 12, 2018 as Appendix “C” BE RECEIVED;

     

    b)         the comments received at the Public Participation Meeting  held on November 12, 2018 BE CONSIDERED in the preparation of the final Heritage Places 2.0 guideline document and associated proposed amendment to The London Plan; and,

     

    c)         the draft Heritage Places 2.0 BE CIRCULATED to the London Advisory Committee on Heritage (LACH), the Urban League and relevant neighbourhood associations for feedback on this draft guideline document; it being noted that the final guideline document Heritage Places 2.0 will be brought before a future meeting of the Planning and Environment Committee for adoption as a Guideline Document to The London Plan following consultation with the LACH, Urban League and relevant neighbourhood associations;

     

    it being noted that the Planning and Environment Committee reviewed and received a communication dated November 9, 2018 from A.M. Valastro, 1-133 John Street;

     

    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-R01)


    Yeas: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)

    Additional Votes:


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

    Motion to open the public participation meeting.


    Yeas: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)
  • Moved by:T. Park
    Seconded by:M. Cassidy

    Motion to close the public participation meeting.


    Yeas: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)
  • Moved by:T. Park
    Seconded by:M. Cassidy

    That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of York Development, relating to the property located at 131 King Street:

     

    a)            the proposed by-law appended to the staff report dated November 12, 2018 as Appendix “A” BE INTRODUCED at the Municipal Council meeting to be held on November 20, 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 Downtown Area Special Provision (h-3*DA1(6) *D350) Zone TO a Holding Downtown Area Special Provision Bonus (h-18*DA1(6)*D350*B(_)) Zone; it being noted that the B(_) Bonus Zone shall be implemented through one or more agreements to provide for an apartment building height of 30-storeys or 102 metres (334.6ft) with an increased density of up to 931 units per hectare in return for the provision of the following facilities, services, and matters:

     

    i)             a high quality development which substantially implements the site plan and elevations as appended to the staff report dated November 12, 2018 as Schedule “1” to the amending by-law:

     

    A podium design that includes;

     

    A)           a well-articulated façade screening the multi-level parking structure that includes multiple step-backs, several canopies, planters on the main canopy above the retail level, and includes a variety of materials;

    B)           a prominent principal entrance into the apartment building that is easily identifiable through the use of a recessed entrance and canopy that protrudes above the entrance;

    C)           a retail component, west of the principal apartment entrance, that includes a two storey glass window wall, which maintains a similar rhythm and proportion of the existing storefronts along King Street;

    D)           a large design feature, above the garage entrance (along King Street) to add interest to the streetscape and break up the appearance of this portion of the parking structure;

    E)           ground floor windows on the west elevation with the possibility to become future storefronts facing the alley along the west side of the development; and,

    F)           a canopy along the west elevation providing weather protection to pedestrians traveling between King Street and the rear of the building;

     

    A tower design that includes;

     

    A)           a varied step back of the tower from the podium along the King Street frontage;

    B)           a design feature wall extending from the principle apartment entrance at the base of the podium to the top of tower clad in textured panels and window wall consisting of clear and coloured glazing;

    C)           a protruding design element located on the 23rd and 24th storeys at the north east corner of the building fully clad in window wall consisting of clear and coloured glazing and framed;

    D)           a material and colour palette that provides for a cohesive design between all elements of the building including the podium and the tower;

    E)           a high proportion of transparent glazing and a relatively low proportion of exposed concrete or similar materials, including floor to ceiling window walls, and clear glass for balcony railings;

    F)           a high level of articulation on the east and west elevations that reduce the overall visual mass of the building;

    G)           a design of the top of the tower that provides interest to the skyline and is well integrated with the design language of the overall building; and,

    H)           the incorporation of the mechanical and elevator penthouses with the roofline of the tower;

     

    ii)            Public Parking

     

    the provision of 41 publicly accessible parking spaces on level 1 of the underground parking facility and accessed from York Street; it being noted that an agreement shall be entered into between the Corporation of the City of London and the property owner to facilitate this requirement;

     

    iii)           Design Feature

     

    as depicted in the elevations shown in Schedule “1” to the amending By-law, a design feature will be located over the main vehicular access off of King Street; it being noted that the details for this feature, including design, appearance and materials, will be determined in consultation with Staff through the site plan approvals process;

     

    iv)           Public Art

     

    the financial contribution of funding to a future public art project within the Downtown Area in the amount of 1% of the construction value up to a maximum of $250,000, to be provided at the time of site plan approval;

     

    v)            3 levels of underground parking

     

    vi)           Publicly accessible civic space located at the York Street entrance.

     

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

     

    i)             provide an enhanced treatment along the westerly elevation portion of the parking garage;

    ii)            implementation of the recommendations provided in the wind study to reduce wind impacts at the commercial entrance at the northwest corner of the building; and,

    iii)           ensure a full Noise and Vibration Study is undertaken to address the concerns raised by CN Rail;

     

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

     

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

     

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

    •              the recommended amendment conforms to the Downtown Area policies of the City of London Official Plan and Downtown Place Type policies of The London Plan;

    •              the recommended amendment facilitates the redevelopment of an existing surface parking lot in the downtown core and encourages an appropriate form of development;

    •              the bonusing of the subject site ensures the building form and design will fit within the surrounding area while providing a high quality design standard; and,

    •              the subject lands are located in a location where intensification can be accommodated given the existing municipal infrastructure, and existing and future public transit facilities in the area.    (2018-D09)


    Yeas: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)

    Additional Votes:


  • Moved by:Mayor M. Brown
    Seconded by:M. Cassidy

    Motion to open the public participation meeting.


    Yeas: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)
  • Moved by:T. Park
    Seconded by:M. Cassidy

    Motion to close the public participation meeting.


    Yeas: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)
  • That it BE NOTED that the Planning and Environment Committee was unable to reach a majority decision with respect to the application by 31675 Ontario Ltd. (York Developments), relating to Site 1, 3080 Bostwick Road, and pursuant to Section 19.3 of the Council Procedure By-law, the matter is hereby submitted to the Municipal Council for its disposition;

    it being pointed out that 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.  (2018-D09)

     



    Voting Record:


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

    That the applications submitted by 31675 Ontario Limited (York Developments), relating to Sites 1, 3 and 5, 3080 Bostwick Road BE REFERRED back to the Civic Administration to work with the applicant to complete the technical review and, where appropriate, prepare a Bonus Zone that would ‘lock in’ the design of the building and establish the commensurate facilities, services and matters that the applicant would provide in favour of the greater height and density at this site in accordance with the City of London Southwest Area Secondary Plan, 1989 Official Plan, The London Plan, and Section 37 of the Planning Act.


    Yeas: (3)S. Turner, A. Hopkins, and J. Helmer
    Nays: (3)M. Cassidy, T. Park, and Mayor M. Brown

    Motion Failed (3 to 3)
  • Moved by:T. Park
    Seconded by:Mayor M. Brown

    That the following actions be taken with respect to the application of 31675 Ontario

    Ltd (York Developments Inc.), relating to the property located at 3080 Bostwick Road,

    referred to as Site 1:

     

    a)            the request to amend the Official Plan to add the site to the list of preferred

    locations for convenience commercial uses, and the request to amend Zoning

    By-law No. Z.-1 to change the zoning of the subject property FROM an Urban

    Reserve (UR4) Zone TO a Holding Residential R9/Convenience Commercial

    Special Provision/Restricted Office Special Provision Bonus (h, h-213, h-(_), h-

    (_), R9-7(_)/CC4(_)/RO2(_)*B-(_)) Zone, BE INTRODUCED at the Municipal

    Council meeting to be held on November 20, 2018; and,

     

    b)  the City Solicitor BE REQUESTED to submit a report to the Municipal Council meeting to be held on November 20, 2018 providing advice with respect to potential bonusing;

    c)  pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN as the proposed amendments to the by-law are minor in nature and the Civic Administration will be reporting back on this matter.


    Yeas: (3)M. Cassidy, T. Park, and Mayor M. Brown
    Nays: (3)S. Turner, A. Hopkins, and J. Helmer

    Motion Failed (3 to 3)
  • Moved by:Mayor M. Brown
    Seconded by:J. Helmer

    Motion to open the public participation meeting.


    Yeas: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)
  • Moved by:Mayor M. Brown
    Seconded by:A. Hopkins

    Motion to close the public participation meeting.


    Yeas: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)
  • That it BE NOTED that the Planning and Environment Committee was unable to reach a majority decision with respect to the application by 31675 Ontario Ltd. (York Developments), relating to Site 1, 3080 Bostwick Road, and pursuant to Section 19.3 of the Council Procedure By-law, the matter is hereby submitted to the Municipal Council for its disposition;

    it being pointed out that 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.  (2018-D09)



    Voting Record:


  • That the applications submitted by 31675 Ontario Limited (York Developments), relating to Sites 1, 3 and 5, 3080 Bostwick Road BE REFERRED back to the Civic Administration to work with the applicant to complete the technical review and, where appropriate, prepare a Bonus Zone that would ‘lock in’ the design of the building and establish the commensurate facilities, services and matters that the applicant would provide in favour of the greater height and density at this site in accordance with the City of London Southwest Area Secondary Plan, 1989 Official Plan, The London Plan, and Section 37 of the Planning Act.


    Yeas: (3)S. Turner, A. Hopkins, and J. Helmer
    Nays: (3)M. Cassidy, T. Park, and Mayor M. Brown

    Motion Failed (3 to 3)
  • Moved by:T. Park
    Seconded by:Mayor M. Brown

    That, on the recommendation of the Senior Planner, Development Services, the

    following actions be taken with respect to the application of 31675 Ontario Ltd. (York

    Developments Inc.), relating to the property located at 3080 Bostwick Road referred

    to as Site 3:

     

    a)            the request to amend Zoning By-law No. Z.-1 to change the zoning of the

    subject property FROM an Urban Reserve (UR4) Zone TO a Holding

    Residential R9 Special Provision (h, h-213, h-(_), h-(_), R9-7(_)*H55) Zone, BE

    INTRODUCED at the Municipal Council meeting to be held on November 20, 2018 to amend Zoning By-law No. Z.- 1, (in conformity with the Official Plan);

     

    b)            the City Solicitor BE REQUESTED to submit a report to the Municipal Council meeting to be held on November 20, 2018 providing advice with respect to potential bonusing; and,

     

    c)            pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN as the proposed amendments to the by-law are minor in nature and the Civic Administration will be reporting back on this matter.


    Yeas: (3)M. Cassidy, T. Park, and Mayor M. Brown
    Nays: (3)S. Turner, A. Hopkins, and J. Helmer

    Motion Failed (3 to 3)
  • Moved by:Mayor M. Brown
    Seconded by:A. Hopkins

    Motion to open the public participation meeting.


    Yeas: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)
  • Moved by:T. Park
    Seconded by:M. Cassidy

    Motion to close the public participation meeting.


    Yeas: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)
  • That it BE NOTED that the Planning and Environment Committee was unable to reach a majority decision with respect to the application by 31675 Ontario Ltd. (York Developments), relating to Site 1, 3080 Bostwick Road, and pursuant to Section 19.3 of the Council Procedure By-law, the matter is hereby submitted to the Municipal Council for its disposition;

    it being pointed out that 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.  (2018-D09)



    Voting Record:


  • That the applications submitted by 31675 Ontario Limited (York Developments), relating to Sites 1, 3 and 5, 3080 Bostwick Road BE REFERRED back to the Civic Administration to work with the applicant to complete the technical review and, where appropriate, prepare a Bonus Zone that would ‘lock in’ the design of the building and establish the commensurate facilities, services and matters that the applicant would provide in favour of the greater height and density at this site in accordance with the City of London Southwest Area Secondary Plan, 1989 Official Plan, The London Plan, and Section 37 of the Planning Act.


    Yeas: (3)S. Turner, A. Hopkins, and J. Helmer
    Nays: (3)M. Cassidy, T. Park, and Mayor M. Brown

    Motion Failed (3 to 3)
  • Moved by:T. Park
    Seconded by:Mayor M. Brown

    That the following actions be taken with respect to the application of 31675 Ontario

    Ltd (York Developments Inc.), relating to the property located at 3080 Bostwick Road

    referred to as Site 5:

     

    a)            the request to amend the Official Plan to add the site to the list of preferred

    locations for convenience commercial uses, and the request to amend Zoning

    By-law No. Z.-1 to change the zoning of the subject property FROM an Urban

    Reserve (UR4) Zone TO a Holding Residential R9/Convenience Commercial

    Special Provision/Restricted Office Special Provision Bonus (h, h-213, h-(_), h-

    (_), R9-7(_)/CC4(_)/RO2(_)*B-(_)) Zone, BE INTRODUCED at the Municipal

    Council meeting to be held on November 20, 2018;

     

    b)            the City Solicitor BE REQUESTED to submit a report to the Municipal Council meeting to be held on November 20, 2018 providing advice with respect to potential bonusing; and,

     

    c)            pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN as the proposed amendments to the by-law are minor in nature and the Civic Administration will be reporting back on this matter.


    Yeas: (3)M. Cassidy, T. Park, and Mayor M. Brown
    Nays: (3)S. Turner, A. Hopkins, and J. Helmer

    Motion Failed (3 to 3)
  • Moved by:A. Hopkins
    Seconded by:M. Cassidy

    Motion to open the public participation meeting.


    Yeas: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)
  • Moved by:Mayor M. Brown
    Seconded by:M. Cassidy

    Motion to close the public participation meeting.


    Yeas: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)
  • Moved by:J. Helmer
    Seconded by:A. Hopkins

    That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Paramount Development (London) Inc., relating to the property located at 809 Dundas Street:

     

    a)            the proposed by-law appended to the staff report dated November 12, 2018 as Appendix "A" BE INTRODUCED at the Municipal Council meeting to be held on November 20, 2018 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM an Office Residential/ Business District Commercial Special Provision (OR*BDC(20)*D250*H46) Zone TO a holding Business District Commercial Special Provision Bonus (h-17*h-18*BDC(20)*D250*DH46*B-__) Zone and to change the Parking Area of a portion of the subject property FROM Parking Area 3 TO Parking Area 1; it being noted that the B(_) Bonus Zone shall be implemented through one or more agreements to provide for a mixed-use apartment building with two 24 storey (82m (269ft)) buildings with an increased density up to 710 units per hectare in return for the provision of the following facilities, services, and matters:

     

    i)             a high quality development which substantially implements the site plan and elevations as appended to the staff report dated November 12, 2018 in Schedules “1” and “2” to the amending by-law:

     

    Base

     

    A)           division of the front façade along Dundas Street into multiple bays representative of separate individual units;

    B)           a ground floor design that includes large proportions of clear glazing as well as a variety of brick with separate direct entrances to individual commercial units to Dundas Street;

    C)           a ground floor to ceiling height that is greater than the height of all other individual storeys to activate the street and create a vibrant pedestrian realm;

    D)           permanent architecturally integrated canopies/awnings above the ground floor entrances to differentiate the building base and provide overhead protection from natural elements;

    E)           the provision of a portion of the top of the third level of the building (fourth floor terrace) as a greened outdoor amenity area for the residents;

    F)           use of transparent glazing on the second and third floors; and,

    G)           pedestrian connection along the south of the building from the pick-up/drop-off area to Rectory Street;

     

    Middle

     

    A)           slim tower architectural style with tower floor-plate of less than 1,060m2 to minimize the overall mass, visual impact and sunlight disruption of the tower;

    B)           towers that utilize a high proportion of vision glass and spandrel glass (window-wall) as the primary form of cladding for the tower, to mitigate the overall visual building mass and provide a light and refined appearance in the Old East Village Skyline;

    C)           a stepback of 11m of the tower portions of the buildings from Dundas Street above the third storey; and,

    D)           utilize changes in colour and material to visually break up the massing of the tower;

     

    Top

     

    A)           utilize building step-backs and variation in massing to define the building cap and completely conceal the mechanical and elevator penthouse within the overall architectural design of the top of the building to contribute to a dynamic Old East Village skyline;

     

    ii)            provision of one level of underground parking

     

    iii)           provision of Affordable Housing

     

    the provision of 25 affordable housing units, established by agreement at 95% of average market rent for a period of 25 years; it being noted that an agreement shall be entered into with the Corporation of the City of London, to secure said affordable housing units for the 25 year term;

     

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

     

    i)             provide directional lighting from the rear of the building to illuminate the municipal laneway;

    ii)            formalize and pave the municipal laneway including the access to Rectory Street; and,

    iii)           provide a difference in paving, materials or treatment for the length of the municipal laneway to provide for enhanced pedestrian comfort and reflect that the space is shared;

     

    c)            Civic Administration BE DIRECTED to initiate an amendment to The London Plan for the property at 809 Dundas Street to ADD a new policy to the Specific Policies for the Rapid Transit and Urban Corridor Place Types, to allow for a maximum height of 24 storeys subject to a bonus zone;

     

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

     

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

     

    •              the recommended amendment is consistent with the Provincial Policy Statement (PPS), 2014, which promotes intensification, redevelopment and a compact form in strategic locations to minimize land consumption and servicing costs and provide for a range of housing types and densities to meet projected requirements of current and future residents;

    •              the recommended amendment is consistent with the policies of the Provincial Policy Statement, 2014 which requires planning authorities to facilitate pedestrian and non-motorized movement by promoting a land use pattern, density and a mix of uses that serve to minimize the length and number of vehicle trips and support the development of viable choices and plans for public transit and other alternative transportation modes;

    •              the recommended amendment supports the objectives of the Old East Village Main Street Commercial Corridor policies of the City of London Official Plan which encourages redevelopment in the Area of Transition and Redevelopment segments of the Main Street Commercial Corridor;

    •              the recommended amendment will allow for an increase to height and density through a bonus zone which requires that the ultimate form of development be consistent with the site plan and elevations appended to the amending by-law;

    •              the recommended amendment will facilitate an enhanced form of development in accordance with the OEV Commercial Design Guidelines which includes an architecturally defined base, middle and top with the base serving to frame the pedestrian realm at a human-scale;

    •              the recommended bonus zone provides for an increased density and height in return for a series of bonusable features, matters and contributions that benefit the public in accordance with Section 19.4.4 of the Official Plan;

    •              the recommended Policy for Specific Areas is appropriate as it maintains the existing place type identified through The London Plan while providing flexibility for the site to support the increased height and densities; and, the recommended amendment is appropriate for the site and context and will assist with the continued improvement and revitalization of old east village.   (2018-D09)


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

    Motion Passed (4 to 0)

    Additional Votes:


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

    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: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:J. Helmer
    Seconded by:Mayor M. Brown

    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 230 North Centre Road:

     

    a)         the proposed by-law appended to the staff report dated November 12, 2018 as Appendix "A" BE INTRODUCED at the Municipal Council meeting to be held on November 20, 2018 to amend the Official Plan to change the designation of the subject lands FROM a Multi-Family, Medium Density Residential designation TO a Multi-Family, High Density Residential designation;

     

    b)         the proposed by-law appended to the staff report dated November 12, 2018 as Appendix "B" BE INTRODUCED at the Municipal Council meeting to be held on November 20, 2018 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 Residential R5/R7/R8 (h-5*R5-7/R7*D75*H12/R8-4*H12) Zone TO a Holding Residential R9 Bonus (h-183*R9-7*B(_)) Zone; it being noted that the B(_) Bonus Zone shall be implemented through one or more agreements to provide for an apartment building height of 15 storeys or 56 metres (183.7ft) with an increased density of up to 192 units per hectare in return for the provision of the following facilities, services, and matters:

     

    i)             a high quality development which substantially implements the site plan and elevations appended in the staff report dated November 14, 2018 in Schedule “1” to the amending by-law:

     

    Podium

     

    A)           the inclusion of podium townhouse units, seven along the Richmond Street frontage and seven along the North Centre Road frontage;

    B)           brick as the primary material on the street-facing elevations;

    C)           individual unit entrances with front door access for all townhouse units;

    D)           ground floor units with walkways leading to the City sidewalk for all street facing townhouse units;

    E)           a prominent principle entrance into the apartment building that is easily identifiable by including some or all of the following: a change of massing, a higher level of clear glazing, and/or the incorporation of canopies;

    F)           a multi-level parking structure that is buffered from the street-facing facades by the inclusion the townhouse units; and,

    G)           architectural details and design elements on the north podium elevation that will be visible to those entering the City from the north;

     

    Mid Rise Portions

     

    A)           a material and colour palette that provides for a cohesive design between all elements of the building including the podium, the mid-rise portions and the tower; it being noted that this could include the inclusion of brick and/or a similar colour to the brick cladding on the podium;

    B)           a high proportion of glass materials and a relatively low proportion of exposed concrete or similar materials, including floor to ceiling window walls.  Use of clear glass balcony barriers; and,

    C)           the inclusion of window walls on the eight floor matching the top levels of the tower portion;

     

    Tower

     

    A)           a material and colour palette that provides for a cohesive design between all elements of the building including the podium, the mid-rise portions and the tower; it being noted that this could include the inclusion of brick and/or a similar colour to the brick cladding on the podium;

    B)           a high proportion of glass materials and a relatively low proportion of exposed concrete or similar materials, including floor to ceiling window walls.  Use of clear glass balcony barriers;

    C)           a step-back of the fourteenth and fifteenth floors on all tower elevations;

    D)           the inclusion of window walls on the fourteenth and fifteenth floors;

    E)           the design of the top of the towers that provides interest to the skyline and is well integrated with the design language of the overall building; and,

    F)           incorporation of mechanical room with the roofline of the tower;

     

    ii)    Transit Station

     

    the financial contribution of funding to the future Transit Station at Masonville Mall in the amount of 1% of the construction value up to $250,000, for the provision of facilities, services, programming, public art or other matters for positive project enhancements to be provided at the time of site plan approval or construction of the station, whichever occurs first;

     

    iii)           1 level of underground parking

     

    iv)           publicly accessible civic space located at the southwest corner of the site

     

    c)         the Site Plan Approval Authority BE REQUESTED to consider the following design issues through the site plan approval process:

     

    A)           consider designing the exterior elevations of the amenity room with more prominence and relate it further to the corner entrance rather than the design of the townhouses. Both the entrance and amenity room could appear as one from the outside, this would provide for a stronger building presence at the corner;

    B)           on the south elevation of the corner entrance, extend the glass/spandrel treatment further east up to the brick on the townhouse

    C)           explore ways to provide interest on the west façade of the 3 storey townhouse at the corner entrance, this could be achieved in many ways including; greenwall, vines, mural, brick patterns, etc.;

    D)           remove the columns on the balconies on the west elevation of the midrise portion along Richmond Street similar to what is shown on the east elevation. Alternatively, if the columns are necessary consider moving them up against the building making them appear as an extension of the building rather than columns;

    E)           as three new townhouse units have been added to the east elevation of the podium, consider locating these townhouses further south immediately north of the towns along North Centre Rd as this would provide for an active edge on a very visible portion of building and would provide for a more welcoming entrance to the site.

    Ensure any visible portions of the north podium elevation include architectural details and design elements that provide interest in order to avoid large blank portions of wall on the podium; it being noted that this is important as this northern façade will be seen by those entering the City, southbound, at this important gateway;

     

    d)  the Civic Administration BE REQUESTED to investigate and report to the Civic Works Committee on the potential installation of a pedestrian crossover on North Centre Road;

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

     

    • a communication from S. Gliksman, Board of Directors and Residents, MSCC#582;
    • a communication dated November 1, 2018 from V. Digby, by e-mail;
    • a communication dated November 8, 2018 from C. MacKinnon, by e-mail;
    • a communication dated November 8, 2018 from R. Croft, 38-145 North Centre Road;

     

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

     

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

     

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

    •            the recommended amendment is consistent with the City of London Official Plan policies and Transit Village Place Type policies of The London Plan;

    •            the recommended amendment facilitates the development of an undeveloped lot and encourages an appropriate form of development;

    •            the bonusing of the subject site ensures the building form and design will fit within the surrounding area while providing a high quality design standard;

    •            the subject site is located in a location where intensification can be accommodated given the existing municipal infrastructure, the nearby arterial roads (Richmond Street & Fanshawe Park Road), large commercial node, and existing and future public transit facilities in the area.   (2018-D09)


    Yeas: (3)S. Turner, J. Helmer, and Mayor M. Brown
    Nays: (2)A. Hopkins, and M. Cassidy
    Absent: (1)T. Park

    Motion Passed (3 to 2)

    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 Mayor M. Brown
    Absent: (2)J. Helmer, and T. Park

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

    Motion to close the public participation meeting.


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

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

    Grant G. McGinn-McTeer an extension beyond 5 minutes.


    Absent: (1)T. Park

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

    Referral to Staff to reduce the massing.


    Yeas: (2)A. Hopkins, and M. Cassidy
    Nays: (3)S. Turner, J. Helmer, and Mayor M. Brown
    Absent: (1)T. Park

    Motion Failed (2 to 3)
  • Moved by:J. Helmer
    Seconded by:Mayor M. Brown

     

    d)  the Civic Administration BE REQUESTED to investigate and report to the Civic Works Committee on the potential installation of a pedestrian crossover on North Centre Road;


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

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

    That the City Clerk BE DIRECTED to bring forward to a future meeting of Municipal Council a by-law to incorporate the proposed amendments to the Hamilton Road Business Improvement Area By-law as requested by the Hamilton Road Business Improvement Area Board of Management as outlined in the communication dated November 4, 2018 from D. Broostad.(2018-A23/C12)


    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

    That the following actions be taken with respect to the 11th Report of the Advisory Committee on the Environment from its meeting held on November 7, 2018:

     

    a)            the following actions be taken with respect to recycling:

     

    i)             the Civic Administration BE REQUESTED to consider a voluntary commercial recycling reporting system similar to the Health Unit Dine Safe Program where businesses display signage indicating their recycling efforts including, but not limited to, what materials are being recycled; and,

    ii)            staff representatives responsible for the above-noted request BE IDENTIFIED to the Advisory Committee on the Environment (ACE) and attend a future meeting of the ACE for further discussion;

     

    b)            J. Adema, Planner II, BE REQUESTED to provide a timeline to the Advisory Committee on the Environment with respect to when feedback is required from the Committee related to the ReThink Zoning Draft Terms of Reference document dated October 31, 2018; and,

     

    c)            clauses 1.1, 3.1, 3.2, 5.1 to 5.3, inclusive, 6.2, 6.3 and 7.1 BE RECEIVED for information.


    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:A. Hopkins

    (Confidential Appendix enclosed for Members only.)
     

    The Planning and Environment Committee convened in camera from 4:03 PM to 4:43 PM after having passed a motion to do so, with respect to the following matters:

    6.1.  Litigation or Potential Litigation/Solicitor-Client Privilege
     
    A matter pertaining to litigation or potential litigation currently before the Ontario Superior Court of Justice, Court file No. 2796/16, affecting the municipality, advice that is subject to solicitor-client privilege, including communications necessary for the purposes of negotiating settlement and for the purpose of giving directions or instructions to officers, employees or agents of the municipality or persons retained by or under a contract with the municipality.
     

    6.2.  Personal Matters/Identifiable Individual
     
    A personal matter pertaining to identifiable individuals, including municipal employees, with respect to the 2019 Mayor’s New Year’s Honour List.


    Yeas: (6)S. Turner, A. Hopkins, M. Cassidy, J. Helmer, T. Park, and Mayor M. Brown

    Motion Passed (6 to 0)

The meeting adjourned at 10:58 PM

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