Planning and Environment Committee

Report

6th Meeting of the Planning and Environment Committee
-
Virtual Meeting during the COVID-19 Emergency
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PRESENT:
  • Councillors A. Hopkins (Chair),
  • S. Lewis,
  • S. Lehman,
  • S. Turner,
  • and S. Hillier
ABSENT:
  • Mayor E. Holder
ALSO PRESENT:
  • PRESENT:  Councillor J. Fyfe-Millar; H. Lysynski and J.W. Taylor

    REMOTE ATTENDANCE:  Councillors M. van Holst and M. Hamou; L. Livingstone, J. Adema, G. Barrett, J. Bunn, M. Butlin, M. Corby, A. Curtis, I. de Ceuster, B. Debbert, K. Edwards, M. Feldberg, P. Kokkoros, S. Mathers, H. McNeely, B. O'Hagan, B. Page, A. Pascual, M. Pease, A. Rammeloo, A. Riley, K. Scherr, M. Schulthess, J.-A. Spence, S. Stafford, M. Vivian and B. Westlake-Power

    The meeting was called to order at 4:30 PM, with Councillor A. Hopkins in the Chair, Councillors S. Lewis and S. Lehman present and all other members participating by remote attendance.


That it BE NOTED that no pecuniary interests were disclosed.

  • Moved by:S. Lewis
    Seconded by:S. Hillier

    That Items 2.1 to 2.6, inclusive, BE APPROVED.


    Yeas: (5)A. Hopkins , S. Turner, S. Lewis, S. Hillier, and S. Lehman
    Absent: (1)E. Holder


    Motion Passed (5 to 0)
  • Moved by:S. Lewis
    Seconded by:S. Hillier

    That the 3rd Report of the Trees and Forests Advisory Committee, from its meeting held on February 23, 2022, BE RECEIVED for information.




    Motion Passed
  • Moved by:S. Lewis
    Seconded by:S. Hillier

    That, on the recommendation of the Director, Planning and Development, the following actions be taken with respect to the draft Victoria Park Secondary Plan: 

    a)  the draft Victoria Park Secondary Plan, appended to the staff report dated March 7, 2022 as Appendix “A” BE RECEIVED for information; and,

    b)   the draft Victoria Park Secondary Plan BE CIRCULATED for public comment;

     

    it being noted that feedback received will inform a revised Secondary Plan and implementing Official Plan Amendment that will be prepared for the consideration and approval of Municipal Council at a future public participation meeting of the Planning and Environment Committee;

    it being further noted that the Planning and Environment Committee received a staff presentation with respect to these matters.  (2022-D09/R01)




    Motion Passed
  • Moved by:S. Lewis
    Seconded by:S. Hillier

    That, on the recommendation of the Deputy City Manager, Environment & Infrastructure, the 2022 Lymantria dispar dispar (LDD) Moth* proposed management plan BE RECEIVED for information and the following actions be taken with respect to the provision of LDD aerial spraying services: 

    a)  the single source estimated price of 100,000 plus HST, pending further negotiation submitted by Zimmer Air Services Inc. to provide an aerial spraying service to control the spread of the LDD moth in select locations as outlined in the report below, BE ACCEPTED;

    b)  the financing for the project BE APPROVED within existing budgets; 

    c) the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this purchase; and,

    d)  approval hereby given BE CONDITIONAL upon the Corporation entering a formal contract or having a purchase order, or contract record relating to the subject matter of this approval.  (2022-D05)




    Motion Passed
  • Moved by:S. Lewis
    Seconded by:S. Hillier

    That, on the recommendation of the Director, Planning and Development, based on the application by Dancor Oxford Inc., relating to the property located at 1985 Gore Road, the proposed by-law appended to the staff report dated March 7, 2022 as Appendix "A" BE INTRODUCED at the Municipal Council meeting to be held on March 22, 2022, 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 Light Industrial LI2 and General Industrial GI1 (h*LI2/GI1) Zone TO a Light Industrial LI2 and General Industrial GI1 (LI2/GI1) Zone to remove the “h” holding provision.   (2022-D09)




    Motion Passed
  • Moved by:S. Lewis
    Seconded by:S. Hillier

    That, on the recommendation of the Director, Planning and Development, the following actions be taken with respect to the application by Greengate Village Limited, to exempt Blocks 50, 51, 52 and 53 of Registered Plan 33M-790 from Part-Lot Control:

    a) pursuant to subsection 50(7) of the Planning Act, R.S.O. 1990, c. P.13, the proposed by-law appended to the Planning and Environment Committee Added Agenda BE INTRODUCED at a future Council meeting to exempt Blocks 50, 51, 52 and 53, Plan 33M-790 from the Part-Lot Control provisions of subsection 50(5) of the said Act; it being noted that these lands are subject to registered subdivision agreements and are zoned Residential R4 Special Provision (R4-5(3) R4-5(4)) in Zoning By-law No. Z.-1, which permits street townhouses, with special provisions regulating lot frontage, garage front yard depth, exterior side yard depth, and interior side yard depth; 

    b) the following conditions of approval BE REQUIRED to be completed prior to the passage of a Part-Lot Control By-law for Blocks 50, 51, 52 and 53, Plan 33M-790 as noted in clause a) above:

    i)  the Applicant be advised that the costs of registration of the said by-laws are to be borne by the applicant in accordance with City Policy;

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

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

    iv)  the Applicant submit each draft reference plan to London Hydro showing driveway locations and obtain approval for hydro servicing locations and above ground hydro equipment locations prior to the reference plan being deposited in the land registry office; 
    v)  the Applicant submit to the City for review and approval prior to the reference plan being deposited in the land registry office; any revised lot grading and servicing plans in accordance with the final lot layout to divide the blocks should there be further division of property contemplated as a result of the approval of the reference plan;

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

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

    viii) the Applicant shall obtain confirmation from Planning and Development that the assignment of municipal numbering has been completed in accordance with the reference plan(s) to be deposited, should there be further division of property contemplated as a result of the approval of the reference plan prior to the reference plan being deposited in the land registry office;

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

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

    xi) the Applicant shall obtain clearance from the City that requirements d), e) and f) inclusive, outlined above, are satisfactorily completed, prior to any issuance of building permits by the Building Division for lots being developed in any future reference plan;

    xii) that not more than four (4) reference plans be approved to be registered as part of this application and that Greengate Village limited advise the City of the registration of each reference plan; and,

    xiii) that on notice from the applicant that a reference plan has been registered on a Block, and that Part Lot Control be re-established by the repeal of the bylaw affecting the Lots/Block in question.  (2022-D25)




    Motion Passed
  • Moved by:S. Lewis
    Seconded by:S. Hillier

    That, on the recommendation of the Director, Planning and Development, the following actions be taken with respect to the application by Greengate Village Limited to exempt Blocks 48 and 49 of Registered Plan 33M-790 from Part-Lot Control:

    a) pursuant to subsection 50(7) of the Planning Act, R.S.O. 1990, c. P.13, the proposed by-law as appended to the Planning and Environment Committee Added Agenda, BE INTRODUCED at a future Council meeting to exempt Blocks 48 and 49, Plan 33M-790 from the Part-Lot Control provisions of subsection 50(5) of the said Act; it being noted that these lands are subject to registered subdivision agreements and are zoned Residential R4 Special Provision (R4-5(3) R4-5(4)) in Zoning By-law No. Z.-1, which permits street townhouses, with special provisions regulating lot frontage, garage front yard depth, exterior side yard depth, and interior side yard depth; 

    b)  the following conditions of approval BE REQUIRED to be completed prior to the passage of a Part-Lot Control By-law for Blocks 48 and 49, Plan 33M-790 as noted in clause a) above:

    i) the Applicant be advised that the costs of registration of the said by-laws are to be borne by the applicant in accordance with City Policy;

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

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

    iv) the Applicant submit each draft reference plan to London Hydro showing driveway locations and obtain approval for hydro servicing locations and above ground hydro equipment locations prior to the reference plan being deposited in the land registry office; 
    v) the Applicant submit to the City for review and approval prior to the reference plan being deposited in the land registry office; any revised lot grading and servicing plans in accordance with the final lot layout to divide the blocks should there be further division of property contemplated as a result of the approval of the reference plan;

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

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

    viii) the Applicant shall obtain confirmation from Planning and Development that the assignment of municipal numbering has been completed in accordance with the reference plan(s) to be deposited, should there be further division of property contemplated as a result of the approval of the reference plan prior to the reference plan being deposited in the land registry office;

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

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

    xi) the Applicant shall obtain clearance from the City that requirements d), e) and f) inclusive, outlined above, are satisfactorily completed, prior to any issuance of building permits by the Building Division for lots being developed in any future reference plan;

    xii) that not more than two (2) reference plans be approved to be registered as part of this application and that Greengate Village limited advise the City of the registration of each reference plan; and,

    xiii) that on notice from the applicant that a reference plan has been registered on a Block, and that Part Lot Control be re-established by the repeal of the bylaw affecting the Lots/Block in question.  (2022-D25)




    Motion Passed
  • Moved by:S. Lewis
    Seconded by:S. Lehman

    That, on the recommendation of the Deputy City Manager, Planning and Economic Development, based on the application of 2219008 Ontario Ltd. (York Developments), relating to the property located at 3425 Grand Oak Crossing:


    a)    the Approval Authority BE ADVISED that no issues were raised at the public meeting with respect to the application for Draft Plan of Vacant Land Condominium relating to the property located at 3425 Grand Oak Crossing; and,

    b)  the Approval Authority BE ADVISED that no issues were raised at the public meeting with respect to the Site Plan Approval application relating to the property located at 3425 Grand Oak Crossing;

    it being noted that no individuals spoke at the public participation meeting associated with this matter;

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

     

    •   the proposed Vacant Land Condominium is consistent with the Provincial Policy Statement, which directs new development to designated growth areas and areas adjacent to existing development;
    • the proposed Vacant Land Condominium conforms to the in-force policies of The London Plan including but not limited to Our Tools, Key Directions, and the Neighbourhoods Place Type policies; and,
    •  the proposed Vacant Land Condominium conforms to the in-force policies of the 1989 Official Plan, including but not limited to the Multi-Family, Medium Density Residential Designation and will implement an appropriate form of residential development for the site.  (2022-D07)

    Yeas: (5)A. Hopkins , S. Turner, S. Lewis, S. Hillier, and S. Lehman
    Absent: (1)E. Holder


    Motion Passed (5 to 0)

    Additional Votes:


  • Moved by:S. Turner
    Seconded by:S. Lehman

    Motion to open the public participation meeting.


    Yeas: (5)A. Hopkins , S. Turner, S. Lewis, S. Hillier, and S. Lehman
    Absent: (1)E. Holder


    Motion Passed (5 to 0)
  • Moved by:S. Hillier
    Seconded by:S. Lewis

    Motion to close the public participation meeting.


    Yeas: (5)A. Hopkins , S. Turner, S. Lewis, S. Hillier, and S. Lehman
    Absent: (1)E. Holder


    Motion Passed (5 to 0)
  • Moved by:S. Lehman
    Seconded by:S. Lewis

    That, on the recommendation of the Director, Planning & Development, the following actions be taken with respect to the application by Maverick Real Estate Inc., relating to the property located at 600 Oxford Street West: 

    a)    the proposed by-law appended to the staff report dated March 7, 2022 as Appendix “A" BE INTRODUCED at the Municipal Council meeting to be held on March 22, 2022 to amend The London Plan to ADD a Specific Area Policy to permit “automotive uses, restricted” within existing buildings, in addition to the uses permitted in the Transit Village Place Type, and by ADDING the subject lands to Map 7 - Specific Area Policies – of The London Plan;

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

    b)    the proposed by-law appended to the staff report dated March 7, 2022 as Appendix “B" BE INTRODUCED at the Municipal Council meeting to be held on March 22, 2022 to amend the Official Plan (1989) to ADD a policy to Section 10.1.3 – “Policies for Specific Areas” to permit “office”, “retail” and “commercial recreation establishments” within existing buildings, in addition to the uses permitted in the Auto-Oriented Commercial Corridor designation; and,

    c)    the proposed by-law appended to the staff report dated March 7, 2022 as Appendix "C" BE INTRODUCED at the Municipal Council meeting to be held on March 22, 2022 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan as amended in parts a) and b) above), to change the zoning of the subject property FROM a Highway Service Commercial/Restricted Service Commercial (HS/RSC1) Zone TO a Highway Service Commercial Special Provision (HS(_)) Zone;

     

    it being pointed out that the following individuals made verbal presentations at the public participation meeting held in conjunction with this matter:

    • N. Dyjach, Strik Baldinelli Moniz;

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


    •    the recommended amendment is consistent with the Provincial Policy Statement, 2020, which promotes economic development and competitiveness by providing for an appropriate mix and range of employment uses;
    •    the recommended amendment conforms to the in-force policies of the 1989 Official Plan, including but not limited to the criteria for Specific Area Policies and Planning Impact Analysis; 
    •    the recommended amendment conforms to the in-force policies of The London Plan, including but not limited to the Key Directions, City Design policies;
    •    the recommended amendment facilitates uses of a site within the Built-Area Boundary and the Primary Transit Area until such time as the site redevelops; and,
    •    the recommended amendments facilitate an appropriate proposal that facilitates the reuse of the existing buildings with uses that are compatible within the surrounding context.   (2022-D21)


    Yeas: (5)A. Hopkins , S. Turner, S. Lewis, S. Hillier, and S. Lehman
    Absent: (1)E. Holder


    Motion Passed (5 to 0)

    Additional Votes:


  • Moved by:S. Lehman
    Seconded by:S. Turner

    Motion to open the public participation meeting.


    Yeas: (5)A. Hopkins , S. Turner, S. Lewis, S. Hillier, and S. Lehman
    Absent: (1)E. Holder


    Motion Passed (5 to 0)
  • Moved by:S. Hillier
    Seconded by:S. Turner

    Motion to close the public participation meeting.


    Yeas: (5)A. Hopkins , S. Turner, S. Lewis, S. Hillier, and S. Lehman
    Absent: (1)E. Holder


    Motion Passed (5 to 0)
  • Moved by:S. Lehman
    Seconded by:S. Turner

    That, on the recommendation of the Director, Planning and Development, the following actions be taken with respect to the application by Hyde Construction (c/o Pete Hyde), relating to the property located at 1420 Hyde Park Road: 


    a) the proposed by-law appended to the staff report dated March 7, 2022 as Appendix "A" BE INTRODUCED at the Municipal Council meeting to be held on March 22, 2022 to amend the Official Plan for the City of London Planning Area – 1989 by ADDING a policy to Section 3.5. – Policies for Specific Residential Areas to permit a maximum residential density of 111 units per hectare to align the 1989 Official Plan policies with the Neighbourhood Place Type policies of The London Plan;


    b) the proposed by-law appended to the staff report dated March 7, 2022 as Appendix "B" BE INTRODUCED at the Municipal Council meeting to be held on March 22, 2022 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 Temporary/Urban Reserve (T-51/UR3) Zone TO a Residential R9 Special Provision (R9-4(_)) Zone;

    it being noted that the following site plan matters were raised during the application review process: 


    i) provide a strong pedestrian relationship between the inside and the outside of the building at the intersection of Hyde Park Road and South Carriage Road;
    ii) provide individual lockable front door entrances to ground floor units on the street-facing elevations and design amenity spaces as open courtyards or front porches to create a pedestrian-oriented streetscape; 
    iii) provide direct walkway access from ground floor units to the public sidewalk;
    iv)  co-ordinate the design of the site with the memorial plaza to be constructed by the City at Hyde Park Road/South Carriage intersection;
    v)  provide further details on the use of the outdoor amenity space at the corner of South Carriage Road and Hyde Park Ave. Remove the wall and fencing to provide for better activation with the street and memorial plaza; 
    vi) design the space between the building and the right-of-way with a main sidewalk, slightly raised planting beds with trees and foundation plantings generally consistent with the public/private interface approved for other developments within the Hyde Park community;
    vii) provide privacy fencing along the west and south property boundaries;
    viii)  provide enhanced landscaping, including buffering and screening from the development to the existing and future uses on adjacent properties and screening of parking visible from South Carriage Road; 
    ix) continue the public sidewalk along the South Carriage Road frontage between Hyde Park Road and Prince of Wales Gate to provide better pedestrian connections within the neighbourhood and to Cantebury Park, noting sidewalk construction will require the removal of nine existing trees located in the City boulevard;
    x) provide a centrally located outdoor common amenity space that is sufficiently sized for the number of units proposed;
    xi) provide trees and plantings every 15 parking spaces and within all parking islands.
    xii)  locate the garbage facilities close to the building, away from neighbouring properties;
    xiii) provide mitigation measures to address potential on-site conflicts between sidewalks and the parking area, and individual ground floor units and their private amenity areas; and,
    xiv) locate and design snow storage areas to retain snow-melt on site;

     

    it being pointed out that the Planning and Environment Committee received a communication from S. Jones, by e-mail, with respect to these matters;

    It being pointed out that the following individuals made verbal presentations at the public participation meeting held in conjunction with this matter:

    • K. Crowley, Zelinka Priamo Ltd.; and,
    • P. Terek, no address provided;

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

     

    •    the recommended amendment is consistent with the Provincial Policy Statement, 2020, which encourages the regeneration of settlement areas and land use patterns within settlement areas that provide for a range of uses and opportunities for intensification and redevelopment. The PPS directs municipalities to permit all forms of housing required to meet the needs of all residents, present and future;
    •    the recommended amendment conforms to the in-force policies of The London Plan, including but not limited to the Key Directions, and Neighbourhoods Place Type; 
    •    the recommended amendment conforms to the in-force policies of the 1989 Official Plan, including but not limited to the Multi-family, Medium Density Residential designation; and,
    •    the recommended amendment facilitates the development of a site immediately adjacent to the Built-Area Boundary in an area planned for the logical expansion of urban residential development.   (2022-D09)


    Yeas: (4)A. Hopkins , S. Turner, S. Lewis, and S. Lehman
    Absent: (2)S. Hillier, and E. Holder


    Motion Passed (4 to 0)

    Additional Votes:


  • Moved by:S. Hillier
    Seconded by:S. Lewis

    Motion to open the public participation meeting.


    Yeas: (5)A. Hopkins , S. Turner, S. Lewis, S. Hillier, and S. Lehman
    Absent: (1)E. Holder


    Motion Passed (5 to 0)
  • Moved by:S. Lehman
    Seconded by:S. Turner

    Motion to close the public participation meeting.


    Yeas: (3)A. Hopkins , S. Turner, and S. Lehman
    Absent: (3)S. Lewis, S. Hillier, and E. Holder


    Motion Passed (3 to 0)
  • Moved by:S. Turner
    Seconded by:S. Lewis

    That, on the recommendation of the Director, Planning and Development, based on the application by Domus Development London Inc., relating to the property located at 6756 James Street, the proposed by-law appended to the staff report dated March 7, 2022 as Appendix "A" BE INTRODUCED at the Municipal Council meeting to be held on March 22, 2022 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Residential R1 (R1-10) Zone TO a Residential R5 Special Provision (R5-2(_)) Zone;

     

    it being noted that the following Site Plan matters have been raised through the application review process for consideration by the Site Plan Approval Authority: 

    i) boundary landscaping along the north, east and west property boundaries that meet the standards of the Site Plan Control By-law and have screening/privacy qualities; and,

    ii) board-on-board fencing along the north, east and west property boundaries where possible that meet the standards of the Site Plan Control By-law and do not negatively impact on-site stormwater management or any existing landscaping; 

    it being noted that the Planning and Environment Committee received the following communications with respect to these matters:

    the staff presentation;

    a communication dated March 2, 2022 from L. and R. Harden, by e-mail; and,

    a communication dated February 28, 2022 from J. Posthumus, by e-mail;

     

    it being pointed out that the following individuals made verbal presentations at the public participation meeting held in conjunction with this matter:


    Casey Kulchycki, Senior Planner, Zelinka Priamo Ltd.;

    J. D'Orsay, 6775 James Street;

    J. Posthumus, no address provided;

    J. McNabb, no address provided;

    K. Karpierz, 6742 James Street; and,

    L. Grieve, 6780 James Street;

     

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

     

    •    the recommended amendment is consistent with the Provincial Policy Statement, 2020;
    •    the recommended amendment conforms to the in-force policies of the Southwest Area Secondary Plan, including but not limited to the Low Density Residential designation of the Lambeth Neighbourhood;
    •    the recommended amendment conforms to the in-force policies of The London Plan, including but not limited to the Key Directions;
    •    the recommended amendment conforms to the in-force policies of the 1989 Official Plan, including but not limited to the Low Density Residential designation; and,
    •    the recommended amendment facilitates the development of a site within the Built-Area Boundary with an appropriate form of infill development.   (2022-D12)


    Yeas: (4)A. Hopkins , S. Turner, S. Lewis, and S. Lehman
    Absent: (2)S. Hillier, and E. Holder


    Motion Passed (4 to 0)

    Additional Votes:


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

    Motion to open the public participation meeting.


    Yeas: (4)A. Hopkins , S. Turner, S. Lewis, and S. Lehman
    Absent: (2)S. Hillier, and E. Holder


    Motion Passed (4 to 0)
  • Moved by:S. Lewis
    Seconded by:S. Turner

    Motion to close the public participation meeting.


    Yeas: (4)A. Hopkins , S. Turner, S. Lewis, and S. Lehman
    Absent: (2)S. Hillier, and E. Holder


    Motion Passed (4 to 0)

The meeting adjourned at 6:49 PM.