August 29, 2011

Original link

The Council meets in Regular Session in the Council Chambers this day at 5:00 p.m.

I.   RECOGNITIONS

1.   2012 – 2016

Business Plan Summaries

Moved by Councillor Branscombe

Approve that, on the recommendation of the City Treasurer, Chief Financial Officer, the following actions be taken with respect to the 2012-2016 Business Plan summaries:   (a)         the 2012 – 2016 Business Plan summaries BE RECEIVED for future review by the Services Review Committee;   (b)         the process for review of 2012 – 2106 Business Plan Summaries BE APPROVED as outlined in the City Treasurer, Chief Financial Officer’s report dated July 26, 2011;   (c)         the process for community involvement BE ENDORSED as outlined in the City Treasurer, Chief Financial Officer’s report dated July 26, 2011; and   (d)         all civic departments, boards and commissions BE REQUESTED to complete an annual update of their respective Business Plan Summaries for the applicable service(s), within the format and guidelines provided by the Finance Division.

Motion Passed

Motion Passed

Moved by Councillor Branscombe

Approve that the City Solicitor, in consultation with the City Treasurer, Chief Financial Officer, BE REQUESTED to provide a report related to legislative restrictions with respect to the provision of information in support of the requests of the London Police Services Business Cases and budget submissions.

Motion Passed

Motion Passed

The Chair directs that the following Report clauses be noted.

2.   City of London

Civic Brand

Moved by Councillor Hubert

Approve that the Chief Administrative Officer BE DIRECTED to undertake a civic engagement process to update the style of the City of London’s logo; it being noted that the Chief Administrative Officer provided the attached handout with respect to the elements of London’s civic brand; it being further noted that the Committee of the Whole identified the following additional elements that should be attributable to the City of London’s civic brand:  green/sustainability; opportunity, healthy/health, diversity, “growing”.

Motion Passed

Motion Passed

II.   DISCLOSURES OF PECUNIARY INTEREST

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247.   247.

249.   249.

250.   250.

251.   251.

252.   252.

The Council reviews the confidential matters listed for consideration at this meeting and determines that none should be considered in public.

IV.   REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED

IN PUBLIC

253.   253.

V.   COMMUNICATIONS AND PETITIONS

3.   Delivery of Corporate Communications Services

4.   Roadside Turf Maintenance and Weed Control

That the Services Review Committee received a communication dated November 2, 2010, from the Committee Secretary, with respect to roadside turf maintenance and weed control.

5.   Next Meeting

That the next meeting of the Services Review Committee (SRC) is tentatively scheduled to be held on August 15, 2011.

6.   Major Initiatives

Moved by Councillor Hubert

Approve that the following actions be taken with respect to major initiatives for the 2011-2014 Municipal Council:   (a)          the following matters BE IDENTIFIED as the short list of major initiatives for the 2011-2014 Municipal Council:   (i)          Downtown Investments: new City Hall, Performing Arts Centre, downtown presence for the University of Western Ontario);   (ii)         London Gateways: bus rapid transit expansion/initiatives, Transportation Master Plan, Veterans Memorial Parkway lands with servicing, Veterans Memorial Parkway/Bradley Avenue interchange, Hwy Colonel Talbot land; overpass;   (iii)         Economic Initiatives: Southwest Area Plan, food innovation strategy and digital media; and   (iv)        Community Program:  SOHO Community Plan, Ontario Works in the community, green bin program and 311;   (b)       the Civic Administration BE DIRECTED to report back with a financing plan for the matters noted in (a), above.

Motion Passed

Motion Passed

7.   CAO Presentation –

Strategic Planning

That the Chief Administrative Officer provided the attached presentation with respect to strategic planning for the City of London.

8.   J. Kennedy, London Development Institute

- City of London - Proposed Amendment to Section 4.14 Lots Reduced by
Public Acquisition (Z-7891). (Referred to the Built and Natural Environment
Committee Stage for Consideration with Clause 23 of the 19th Report of the
Built and Natural Environment Committee.)

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VI.   MOTIONS OF WHICH NOTICE IS GIVEN

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VII.   ADDED REPORTS

VIII.   REPORTS

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15.   Failed Municipal

Tax Sale Properties – 200-202 Adelaide Street North, 1851 Pension Lane

18.   Canada Day 2011

19.   Special Provisions

– Westbury International (1991) Corporation – Westbury Subdivision – 39T-05509

Motion Passed

Motion Passed

Moved by Councillor Swan

Approve that, that the Civic Administration BE DIRECTED to report back at the September 12, 2011 Built and Natural Environment Committee (BNEC) meeting with respect to the potential actions that can be taken to stop in-fill intensification in the Irwin Street, Gunn Street, Saunby Street and Beaufort Street area; it being noted that the BNEC heard the attached presentation and reviewed and received a communication dated September 8, 2011, from J. Corcoran, BIGS Community Association, with respect to this matter.

Motion Passed

Motion Passed

Moved by Councillor Swan

Approve that, on the recommendation of the Managing Director of the Development Approvals Business Unit, the following actions be taken with respect to revisions to the site plan approval process, the Site Plan Control Area By-law and the Municipal Council Policy as it pertains to Site Plan Approvals:   (a)          the attached by-law, (Appendix ‘B’) to amend the Site Plan Control Area By-law, BE INTRODUCED at the Municipal Council meeting to be held on August 29, 2011; and,   (b)          the attached proposed by-law to amend Council Policy 19 (25A) BE REFERRED to the Civic Administration for a legal review of Appendix ‘C’ and the associated Appendix 19(25A)  entitled “Appendix to Site Plan Approval and Enforcement Policy”;   it being pointed out that at the public participation meeting associated with this matter, the following individuals made an oral submission in connection therewith:   -                     J. Kennedy, London Development Institute – indicating that Official Plan Amendment 438 defined the uses of intensification and affects the entire City; expressing concern with the recommendation and recommending that the matter be referred to the Civic Administration for further consideration; indicating that when builders have to hold a public participation meeting, it slows down the process and costs more money; and advising that there is already a proposed amendment to the Official Plan. -                     L. Langdon, London Home Builders Association – indicating that she did not receive a copy of the Staff Report; and enquiring as to the impact on new home builders and renovations to existing homes.

Motion Passed

Motion Passed

Moved by Councillor Swan

Approve 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 August 29, 2011 to amend Section 5.2.4 of the Official Plan by adding a policy to define the scale of office development to clarify the intent of the designation;   it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter.

Motion Passed

Motion Passed

Moved by Councillor Swan

refer consideration of clause 23 of the 19th Report of the Built and Natural Environment Committee (BNEC), in order to obtain additional information.       Motion Passed

Motion Passed

Moved by Councillor Swan

Approve that, notwithstanding the recommendation of the Director of Building Controls, Ms. Phuong BE GRANTED a temporary exemption from the Sign and Canopy By-law relating to the property located at 715-725 Wellington Road South for one year, pending the outcome of the Civic Administration’s review of the Sign and Canopy By-law; it being noted that the Built and Natural Environment Committee heard verbal presentations from S. Rae representing Ms. Phuong and from Ms. Phuong.

Motion Passed

Motion Passed

20.   5th Report of the

LHAC

21.   7th Report of the

AWAC

22.   Taxi/Limousine

By-law Review Extension of Limousine Vehicle Age

23.   8th Report of the

LDRRAC

Motion Passed

Motion Passed

Councillor Swan moves, seconded by Councillor White, that Council recess.  Motion passed.   The Council recesses at 9:22 pm and reconvenes at 9:29 pm, with Acting Mayor Polhill in the Chair and all Members present except Mayor Fontana, and Councillors Orser and White.

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30.   Hasham Adbelsayed –

1472 Huron Street (Z-7887)

Moved by Councillor Swan

Approve that the following actions be taken with respect to the application of Hasham Abdelsayed relating to the property located at 1472 Huron Street:   (a)       the request to amend Zoning By-law No. Z.-1 to change the zoning of the subject lands from a Convenience Commercial (CC2) Zone which permits convenience stores, restaurants, financial institutions without a drive through and medical/dental offices to a Convenience Commercial Special Provision (CC2 (__)) Zone which allows for the above uses and a pharmacy use without a drive through, a minimum rear yard setback of 1.7m, a minimum west interior side yard setback of 1.7m, a minimum east side yard setback of 0.0m, a minimum front yard setback to a parking area of 2.1m, a minimum east side yard setback to a parking area of 0.0m, a maximum lot coverage of 35%, a minimum of 39 parking spaces including 1 handicapped parking space based on a gross floor area of 730m2, and which prohibits a methadone clinic and methadone dispensary use BE REFUSED for the following reason:   (i)         concerns with respect to the possibility of the dispensing of methadone from the proposed pharmacy and the lack of enforcement of methadone dispensing; and,   (b)       the request to amend Zoning By-law No. Z.-1 to change the zoning of the lands located 1472 Huron Street from a Convenience Commercial (CC2) Zone which permits convenience stores, restaurants, financial institutions without a drive through and medical/dental offices to a Convenience Commercial Special Provision (CC6 ( )) Zone which permits for the above uses with a lot coverage of 35% and 40 parking space minimum BE REFUSED for the following reason:   (i)         the full range of uses in the Convenience Commercial (CC6) Zone variation uses may not be appropriate on this site;   it being pointed out that at the public participation meeting associated with this matter, the following individuals made an oral submission in connection therewith:   -                     L. Kirkness, Kirkness Consulting Inc., on behalf of the applicant – correcting the Staff report by indicating that the applicant’s last name is spelled “Abdelsayed” and by indicating that the consultant should be “Kirkness Consulting Inc.”; expressing concern with the lack of clarity of enforcement; indicating that there is no need for enforcement on this property; advising that this business would operate on a smaller scale  than what he already operates in other areas of the City; and indicating that the applicant is involved in the methadone clinic on Dundas Street. -                     C. Irwin, 1347 Basswood Place – advising that she has lived at this address for 22 years; indicating that her property abuts the plaza; expressing objection to the proposed pharmacy; advising that there are currently two part-time doctors in this location and that it won’t address London’s doctor shortage;  advising that there are three pharmacies within 1,000 feet of the plaza; advising that the City has no way of policing what is dispensed at the pharmacy; asking that greater caution be exercised before opening the pharmacy; indicating that there is no way to track the amount of methadone being dispensed; recommending that the plaza be brought up to community standards as the plaza is covered in graffiti and doesn’t comply with existing rules; requesting that the zoning not be amended to allow the pharmacy use; advising that there is a huge loop hole that must be closed; requesting that the neighbourhood be supported by turning down the application. -                     R. Moss, 1 Redwood Lane – advising that there are three schools in the area and five pharmacies within two kilometres of the plaza; advising that it is understood that methadone is not allowed, but also realize that the dispensing of methadone can’t be enforced. -                     B. Mann, 26 Redwood Lane – indicating that he lives 115 metres west of the plaza; indicating that the convenience/commercial property is separated by residences and has not been a problem in the past; advising that with the proposed revised drawings suggested that it should be the new owner is going to make improvements to the plaza, but the owner may not make if he doesn’t get his amendment; advising that there is an abundance of pharmacies within one kilometre of the plaza; indicating that he is not here to regulate the business or stop the business but the plaza doesn’t need a pharmacy; indicating that a medical clinic is already permitted; indicating that the only reason for rezoning is for the inclusion of a pharmacy as the medical/dental use is already permitted; advising that City Staff have indicated that the issue of regulating methadone clinics has not been resolved; indicating that methadone clinics would be detrimental to the neighbourhood; requesting that the Committee consider carefully if they would like to support the rezoning for this use. -                     S. Irwin, 1347 Basswood Place – expressing opposition to the application; suggesting that the issues should be separated, that the applicant is saying that “if I get this, I will do that”, you have a person who wants to open a pharmacy and be a landlord; indicating that no effort has been made to clean up the graffiti or garbage at the plaza, which has been a long-standing complaint; suggesting that the owner should be doing improvements to the plaza to fit in with the community; advising that he is aware that the applicant is the owner of 528 Dundas Street and the issues that are going on at that address; suggesting that the owner should make changes voluntarily. -                     Resident, 1458 Huron Street – advising that her property is an acre; indicating that she is still in contact with the original owners; advising that this is an old community, with people living in their homes for a long time; suggesting that homes have been put up for sale because of this application and the potential for a methadone clinic; advising that she doesn’t want kids jumping her fence or kids getting attacked going to the convenience store; advising that there are several public schools and churches in the area; and requesting that the Committee reject the application. -                     L. Smith, 7 Bellrock Crescent – expressing opposition to the application; indicating that the plaza is near schools, day cares, community centres, and churches. -                     A. Carter, 1252 Sorrell Road – advising that she lives approximately 2 to 2 ½ kilometres from the plaza; indicating that she can see her neighbourhood being affected if the application is approved; and advising that if a person brings in a prescription, the pharmacist cannot legally refuse to fill it; indicating that the proposed pharmacy will devalue the properties in the neighbourhood and requesting that people boycott the pharmacy. -                     P. Sobko, 1400 Basswood Road – advising that he has lived at his place of residence for 32 years; indicating that he heard a rumour about a road going through Stronach Park and was advised by the City that a road wouldn’t go through the Park and now there is a road going through the Park and advising that his wife has lost day care clients due to this application. -                     S. Butler, 46 Christians Drive – advising that there are 10 schools in the area, two high schools, Stronach Arena, ball parks, playgrounds, a pool; and enquiring as to the need for a pharmacy in this location. -                     G. Schneider, 978 Apache Road – enquiring as to the rationale for the proposed zoning. -                     Resident, Address Unknown - enquiring as to whether or not the applicant owns or has interests in any other methadone clinics. -                     B. MacDonald, 1204 Lancaster Street – advising that he was the Councillor for this ward for 28 years and worked hard to remove the “east of Adelaide” stigma; expressing opposition to the application; indicating that once the pharmacy is installed, it is up to the doctor or pharmacist to control what drugs they dispense; advising that this community is a jewel in the east end of the city and that this application is like a slap in the face to the community. -                     M. Turner, 1217 Farnsborough Crescent – indicating that a certain number of spots need to be set aside for parking in the parking lot for medical appointments; noting that cars are not allowed to park along the boulevard; and that there is a fast response to calls to the Police Department. -                     M. Prudhomme, 42 Redwood Lane – advising that he has worked in the mental health field and that there are going to be problems with drugs if the pharmacy is permitted. -                     C. Turner, 1327 Basswood Place – hoping that Council will look after them when casting their votes. -                     D. Allerston, 102 Christian’s Court – expressing concern with the convenience store currently located in the plaza; advising that adding the pharmacy is going to increase the problems; advising that East of Adelaide should look better and indicating that plaza should already have been cleaned up. -                     Resident, 30 Silverbrook Drive – advising that he is the co-ordinator for the condominium complex and that values of the community and ambiance for the children growing up in the area will be affected; and asking the Committee to ensure the needs of the entire community are met, especially little kids. -                     B. Yates, 14 Kaladar Place – advising that he received a letter from the city to clean up his property because he had two unlicensed cars on his property; indicating that he has a handicapped child and he opposes drug paraphernalia. -                     G. Eggle, 1447 Huron Street – advising that he is the property manager for the condominium complex; advising that it is easy to remove graffiti and that the artists get tired and stop when you remove their graffiti and advising that there is a wide demographic that rents in this area. -                     L. Ackford, 1453 Huron Street – advising that the co-operative housing unit is only one year old; questioning the loop holes in the by-law; advising that another pharmacy is not necessary; and indicating that she would hate to see her new home tainted or ruined. -                     B. Vijay, 1 Christian’s Drive – indicating that he is originally from North Bay and that, in his mind, if the application is approved, it raises red flags. -                     M. Irwin, 1347 Basswood Place – advising that opening this door is a big risk for a small reward and doesn’t benefit anyone.

Motion Passed

Motion Passed

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13.   Integrated

Accessibility Standard Under the Accessibility for Ontarians with Disabilities Act, 2005

14.   Update on Realty

Services Agency of Record

17.   Reporting of

Statements of Claim

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12.   Amendments to the

Traffic and Parking By-law for the Western Fair Association

Moved by Councillor Swan

Approve that, on the recommendation of the Acting Director, Roads & Transportation, the attached proposed by-laws (Appendices “A” and “B”) BE INTRODUCED at the Municipal Council meeting to be held on August 29, 2011 for the purpose of amending the Traffic and Parking By-law (P.S. 111) to allow enact parking changes during the dates of the Western Fair.

Motion Passed

Motion Passed

Moved by Councillor Swan

Approve that, on the recommendation of the Acting Director, Roads and Transportation, the following actions be taken with respect to the Veterans Memorial Parkway South Extension Planning, Preliminary Design and Class Environmental Assessment Study:   (a)          McCormick Rankin Corporation, 300-2655 North Sheridan Way, Mississauga, ON, L5K 2P8, BE APPOINTED Consulting Engineers for the above-noted project, in the amount of $289,850, excluding HST, in accordance with Section 15(g) of the Procurement of Goods and Services Policy;   (b)          $12,000 required for internal (City-related) expenses BE APPROVED within the project budget;   (c)          the financing for this project BE APPROVED as set out in the Source of Financing Report attached hereto as Appendix ‘A’;   (d)          the consulting fees for this project BE IN ACCORDANCE with the estimate, on file, which is based upon the Fee Guideline for Professional Engineering Services 2006, recommended by the Ontario Society of Professional Engineers;   (e)          the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract with the consultant for the work; and,   (f)           the Mayor and City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.

Motion Passed

Motion Passed

Moved by Councillor Swan

Approve that, the following actions be taken with respect to the  reimbursement of the land costs for the Wickerson Stormwater Management Pond to Sifton Properties Limited:   (a)          based on fair market value, $100,000.00 per hectare BE APPROVED for reimbursement to Sifton Properties Limited; and,   (b)          in accordance with the policies of the Urban Works Reserve Fund, the City of London BE REIMBURSED for its legal costs;   it being noted that the Built and Natural Environment Committee received the attached communication, dated August 15, 2011, from P. Masschelein, Vice-President, Neighbourhood Developments, Sifton Properties Limited and reviewed and received an information report from the Managing Director, Development Approvals Business Unit and a communication dated August 12, 2011, from METRIX Realty Group, with respect to this matter.

Motion Passed

Motion Passed

Moved by Councillor Swan

Approve that, notwithstanding the recommendation of the Director of Land Use Planning and City Planner, the Civic Administration BE DIRECTED to meet with Montessori House of Children and the neighbourhood community association to discuss limiting the scope of the proposed Official Plan Amendment; it being noted that the Built and Natural Environment Committee received the attached communication dated August 15, 2011 from R. Zelinka, Zelinka Priamo Ltd., with respect to this matter.

Motion Passed

Motion Passed

Moved by Councillor Swan

Approve that, on the recommendation of the Director of Land Use Planning and City Planner, the following actions be taken with respect to Residential Intensification Policies:   (a)          the attached proposed Official Plan Amendment to clarify the intent of the Official Plan intensification policies related to when public site plan will be required BE CIRCULATED for public review and comment; and,   (b)       based on the proposed Official Plan amendment, the Site Plan Control By-law BE AMENDED to clarify the site plan matters to be considered in the review of intensification proposals, including the requirement for Public Site Plan review when intensification may occur, even though no planning application or process other than site plan review is required.

Motion Passed

Motion Passed

Moved by Councillor Swan

Approve that, on the recommendation of the Director of Land Use Planning and City Planner, the following actions be taken with respect to the proposed amendment to Middlesex Centre’s Official Plan:   (a)        the following comments BE FORWARDED to Middlesex Centre:   (i)         the City of London supports the redistribution and reallocation of vacant lands from the hamlet areas to Urban Settlement Areas, where full municipal services will be available to support future growth;   (ii)        the City of London supports the redesignation of the Hamlet land use and Settlement Area boundary changes as proposed for Hamlet Areas of Birr, Denfield, Melrose and Poplar Hill/Coldstream, and the redesignation of 12.2 ha of Residential Lands to Agriculture and the Settlement Area boundary change proposed for the Arva Community Settlement Area;   (iii)       the City of London has significant concerns regarding the extent of new developable lands being added to the Komoka-Kilworth Urban Settlement Area.  The Official Plan Amendment proposes to add and convert the following lands to the Komoka-Kilworth Urban Settlement Area:   -               42 ha of Residential land; -               67 ha of Settlement Employment land; -               Convert 51 ha of Settlement Employment land to 35 ha of Residential land, 5 ha Natural Environment land and 11 ha Village Centre land; -               Convert 10 ha of Settlement Commercial land to Residential land; and, -               Convert 25 ha of Residential land to 11 ha of Settlement Employment land and 14 ha of Parks and Recreation land;   it being noted that this would result in 67 ha of urban land use designations being added to the Komoka-Kilworth Urban Settlement Area;    (iv)         the City of London has concerns regarding the extent of new developable lands being added to the Ilderton Urban Settlement Area.  The Official Plan Amendment proposes to add or convert the following lands to the Ilderton Urban Settlement Area:   -               34.2 ha of Residential land; -               Convert 4.2 ha of Rural Commercial to Residential; -               Convert 15 ha of Rural Industrial to Residential; and, -               Convert 21.6 ha of Rural Industrial to Agriculture;               it being noted that this would result in a total of 53.4 ha of additional land for Residential development being added to the Ilderton Urban Settlement Area;   (b)        the Civic Administration BE DIRECTED to meet with Planning Staff from Middlesex Centre to discuss these concerns regarding the Municipality’s draft Official Plan Amendment and the Komoka-Kilworth Secondary Plan; and,   (c)       the Ministry of Municipal Affairs and Housing BE ADVISED that the City of London has concerns with respect to the number of urban services vs. rural services growth centres.

Motion Passed

Motion Passed

25.   City of London –

310, 318, 322 and 330 Wellington Road (O-7900)

Moved by Councillor Swan

Approve that, on the recommendation of the Director of Land Use Planning and City Planner, based on the application of City of London relating to the property located at 310, 318, 322 and 330 Wellington Road, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on August 29, 2011 to amend the Official Plan to change the designation of the subject lands FROM a Low Density Residential designation which allows single detached, semi-detached, duplex and converted dwellings TO a Community Commercial Node to allow all types of retail outlets including department stores, home improvement and furnishings stores, supermarkets, food stores and pharmacies; convenience commercial uses; personal services; restaurants; commercial recreation establishments; financial institutions and services; a limited range of automotive services; service-oriented office uses such as real estate, insurance and travel agencies; community facilities, such as libraries or day care centres; professional and medical/dental offices; and commercial and private schools; it being noted that within Community Commercial Nodes, office uses and places of entertainment will be permitted in limited amounts;   it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter.

Motion Passed

Motion Passed

Moved by Councillor Swan

Approve that, on the recommendation of the Director of Building Controls, the following actions be taken with respect to the request by CN Rail and RCC Media for a variance to the Sign & Canopy By-law to permit non-accessory banner signs on railway overpasses:   (a)          a variance to the Sign and Canopy By-law BE APPROVED at the Municipal Council meeting to be held on August 29, 2011;   (b)          CN Rail and RCC Media BE REQUESTED to enter into a Licensing Agreement with the City of London before any permits are issued for the placement of banner signs on two CN railway overpasses; and,   (c)          the Mayor and the City Clerk BE AUTHORIZED to execute the above-noted Licensing Agreement and any other documents necessary to facilitate such an agreement;   it being noted that the Built and Natural Environment Committee received the attached presentation from J. Matsui, Makin Headlines Ltd., with respect to this matter.

Moved by Councillor Swan and seconded by Councillor D. Brown

Amend clause 26 by including the following working at the end of part (b): “for a pilot project, with a maximum period of two years”.

Motion to amend is passed

Motion, as amended, passed

Clause 26, as amended, reads as follows:   That on the recommendation of the Director of Building Controls, the following actions be taken with respect to the request by CN Rail and RCC Media for a variance to the Sign & Canopy By-law to permit non-accessory banner signs on railway overpasses:   (a)          a variance to the Sign and Canopy By-law BE APPROVED at the Municipal Council meeting to be held on August 29, 2011;   (b)          CN Rail and RCC Media BE REQUESTED to enter into a Licensing Agreement with the City of London before any permits are issued for the placement of banner signs on two CN railway overpasses for a pilot project, with a maximum period of two years; and,   (c)          the Mayor and the City Clerk BE AUTHORIZED to execute the above-noted Licensing Agreement and any other documents necessary to facilitate such an agreement;   it being noted that the Built and Natural Environment Committee received the attached presentation from J. Matsui, Makin Headlines Ltd., with respect to this matter.

Moved by Councillor Swan

Approve that, on the recommendation of the Acting Director, Roads and Transportation and notwithstanding the January 18, 2010 Municipal Council resolution relating to the implementation plan for the Old North Neighbourhood Traffic Calming Study, the Old North Neighbourhood Traffic Calming Study and its recommendations BE IMPLEMENTED on an individual project basis with traffic calming measures, if any, being reflective of residents’ input and needs as identified during the project design phase; it being noted that this approach varies from the original study implementation plan.

Motion Passed

Motion Passed

Moved by Councillor Swan

Approve that, on the recommendation of the Director of Land Use Planning and City Planner, the following actions be taken with respect to the application of Zelinka Priamo Limited relating to the properties located at 2310, 2330, 2350 and 2362 Dundas Street:   (a)        the attached proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal Council meeting to be held on August 29, 2011 to amend the Official Plan FROM General Industrial and Light Industrial TO Auto Oriented Commercial Corridor;   (b)        the attached, revised, proposed by-law (Appendix “B”) BE INTRODUCED at the Municipal Council meeting to be held on August 29, 2011 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part (a) above), to change the zoning as follows:   (i)            the north portion of 2310 Dundas Street FROM a Light Industrial (LI2) Zone and a Holding General Industrial (hGI1) Zone TO a Holding Restricted Service Commercial Special Provision (hh-11RSC1(   )) Zone to allow for restricted service  commercial (RSC1) uses as well as “Automotive Use”;   (ii)           the north portion of 2330 and 2350 Dundas Street FROM a Holding General Industrial (hGI1) Zone TO a Holding Restricted Service Commercial Special Provision (hh-11RSC1(   )) Zone to allow for restricted service commercial (RSC1) uses as well as “Automotive Use”;   (iii)          the south portion of 2310 Dundas Street FROM a Light Industrial (LI2) Zone and a Restricted Service Commercial (RSC1/RSC5) Zone TO a Holding Restricted Service Commercial (hh-11RSC2/RSC3/RSC4/RSC5)) Zone to allow for automotive repair garages, automotive sales and service establishments, automotive supply stores, automotive uses, restricted, dry cleaning and laundry depots, pharmacies, emergency care establishments, convenience service establishments, restaurants, financial institutions, building or contracting establishments, support offices and industrial mall;   (iv)         the south portion of 2330 Dundas Street FROM a Holding General Industrial (hGI1) Zone and a Restricted Service Commercial (RSC1/RSC5) Zone TO a Holding Restricted Service Commercial (hh-11RSC2/RSC3/RSC4/RSC5)) Zone; to allow for automotive repair garages, automotive sales and service establishments, automotive supply stores, automotive uses, restricted, dry cleaning and laundry depots, pharmacies, emergency care establishments, convenience service establishments, restaurants, financial institutions, building or contracting establishments, support offices and an industrial mall; and,   (v)          the south portion of 2350 Dundas Street FROM a Holding Highway Service Commercial/Restricted Service Commercial (hHS1/HS4/RSC2/RSC3/RSC4/ RSC5) Zone TO a Holding Restricted Service Commercial/Highway Service Commercial (hh-11HS1/HS4/RSC2/RSC3/RSC4/RSC5)) Zone; to allow for automotive repair garages, automotive sales and service establishments, automotive supply stores, automotive uses, restricted, dry cleaning and laundry depots, pharmacies, emergency care establishments, convenience service establishments, restaurants, financial institutions, building or contracting establishments, support offices and an industrial mall;   (c)        pursuant to Section 34(17) of the Planning Act, it BE DETERMINED that no further notice related to the By-law is required;   it being pointed out that at the public participation meeting associated with this matter, the following individual made an oral submission in connection therewith:  

G. Priamo, Zelinka Priamo Limited - indicating that he has no concerns with the analysis for the recommendation; requesting that the requirement for a holding provision be removed; indicating that the by-law already has a holding provision on it; noting that at the bottom of page 14 of the Staff Report, the requirement for a holding provision is redundant as a development agreement has already been entered into; indicating that the holding provision was not put in the agreement, but that Staff put it in; advising that there may be modest arterial uses from Dundas Street frontage; and indicating that they are not asking for approval for access.

Motion Passed

Motion Passed

Moved by Councillor Swan

Approve that, on the recommendation of the Executive Director of Planning, Environmental and Engineering Services, the following actions be taken with respect to the creation of a community-led initiative to complete the planned enhancements to Veterans Memorial Parkway:   (a)          the attached proposed by-law (Appendix ‘A’) BE INTRODUCED at a future meeting of the Municipal Council to authorize an agreement between The Corporation of the City of London and the Horticultural Trades Association Incorporated, operating as Landscape Ontario, to lead the Veterans Memorial Parkway Community Programme and to authorize the Mayor and the City Clerk to execute the Agreement;   (b)          the approval given herein BE CONDITIONAL upon the Corporation entering into a formal Agreement with the Horticultural Trades Association Incorporated;   (c)          the Source of Financing for the City of London’s 2011 financial obligations, as detailed in Section 31 of the Agreement BE APPROVED as set out in the attached Source of Financing Report (Appendix ‘B’);   (d)          the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this Agreement; and,     (e)          Landscape Ontario BE THANKED for taking a leadership role for this community-led venture;   it being noted that municipal financing to support the Agreement has been included in the proposed 2012 Capital Budget (Enhanced Veterans Memorial Parkway – PD1142) over a five-year period and is subject to annual budget approval by the Municipal Council.

Motion Passed

Motion Passed

31.   Parking Regulations

– Corinth Court

Moved by Councillor Swan

Approve that no action BE TAKEN with respect to parking regulations on Corinth Court; it being noted that the Built and Natural Environment Committee reviewed and received a communication dated August 3, 2011, from Councillor S. Orser, with respect to this matter.

Motion Passed

Motion Passed

The Chair directs that the following Report Clauses be noted.

32.   8th EEPAC

33.   Bierens Draft Plan

of Subdivision 39T-08502

34.   Update on Initiatives

within the Development Approvals Business Unit

35.   Water Technology

Centre Initiative - Update

36.   Update on Source

Water Protection Process: Thames-Sydenham Source Water Protection Region

37.   Oxford Park Community

Area

38.   Highbury Avenue

North at Trafalgar Street – Advance Left-Turn Signal

39.   Ontario Municipal

Board Decision – Official Plan Amendment No. 438 (O-7585)

That the Built and Natural Environment Committee reviewed and received an information report dated August 2, 2011, from the Director, Land Use Planning and City Planner, with respect to the Ontario Municipal Board decision relating to Official Plan Amendment No. 438.

That the Built and Natural Environment Committee reviewed and received an information report dated August 4, 2011, from the Director, Land Use Planning and City Planner, with respect to the Ontario Municipal Board decision relating to the Methadone Clinic and Dispensary Interim Control By-law.

That the Built and Natural Environment Committee reviewed and received the monthly report from the Director of Building Controls and Chief Building Official, relating to Building Activity and Inspector Workloads for June, 2011.

42.   Cul-De-Sac Parking

During Summer

That the Built and Natural Environment Committee (BNEC) received a communication from Councillor W. J. Armstrong with respect to cul-de-sac parking during summer. The BNEC postponed consideration of this matter to its September meeting at the request of Councillor W. J. Armstrong.

43.   Completion of the

McCormick Area Plan

That the Built and Natural Environment Committee (BNEC) reviewed and received a communication, dated July 26, 2011, from G. Thompson, President, Old East Village Community Association, with respect to the completion of the McCormick Area Plan.   The BNEC referred the communication to the Civic Administration for consideration with its review of the current workload.

44.   Capital Works

Projects

That the Built and Natural Environment Committee reviewed and received communications dated July 28, 2011 and August 15, 2011, from G.Thompson, President and S. Levin, Member, the Urban League of London and J. Kennedy, President, London Development Institute, respectively, with respect to Capital Works Projects.  The BNEC referred the communications to the Civic Administration for consideration.

45.   Sign and Canopy By-law

That the Built and Natural Environment Committee (BNEC) requested the Civic Administration to provide an information report at a future meeting of the BNEC with respect to the authority delegated to the Administration related to the Sign and Canopy By-law.

46.   Disclosure of Pecuniary Interest - Mayor Fontana

That Mayor J. F. Fontana disclosed a pecuniary interest in clause 2 of this report having to do with the request for sanitary servicing for Arva from the Municipality of Middlesex-Centre, by indicating that he lives in Arva.

47.   Disclosure of Pecuniary Interest - Councillor Brown

That Councillor D. Brown disclosed a pecuniary interest in clause 11 of this report having to do with amendments to the Traffic and Parking By-law by indicating that her employer has a contract with the London Transit Commission.

48.   Disclosure of Pecuniary Interest - Councillor White

That Councillor S. White disclosed a pecuniary interest in clause 20 of this report having to do with the development on Beaufort Street, Irwin Street, Gunn Street and Saunby Street by indicating that her employer has property on Gunn Street.

49.   Confidential Matters

261.   261.

Moved by Councillor Swan

Approve that, on the recommendation of the Director of Development Planning and the Managing Director – Development Approvals and Business Unit, based on the application of the City of London relating to the property located at 2430 Bradley Avenue, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting on August 29, 2011 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM an Urban Reserve (UR6) Zone which permits agricultural uses, conservation lands, passive recreation uses, kennels, and riding stables TO a holding Light Industrial Special Provision (h-h-11-h-18-LI2(9)) Zone to permit such uses as manufacturing and assembly industries, pharmaceutical and medical product industries, research and development establishments, warehouse establishments, food, tobacco and beverage processing industries, service trades, textile processing industries, electrical and electronic products industries, office, store and business electronics industries; it being noted that Holding (h, h-11, and h-18) Provisions will require that full municipal services are available and a subdivision agreement or development agreement is entered into, that the site plan and development agreement provides for appropriate access arrangements to the satisfaction of the City and that an archaeological resource assessment is carried out together with appropriate mitigation measures prior to development, to the satisfaction of the City and the Ministry of Tourism and Culture; and,   it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter;   it being further noted that the Built and Natural Environment Committee reviewed and received a communication from  S. P. Renaud, Vice-President, Operations, The Original Cakerie Ltd., with respect to this matter.

Motion Passed

Motion Passed

Moved by Councillor Swan

Approve that, on the recommendation of the Director of Land Use Planning and City Planner, the following actions be taken with respect to the application of Jennum Wellington Properties Inc. relating to the properties located at 1025-1037 Wellington Road:

  (a)          in response to the letter of appeal to the Ontario Municipal Board, dated June 17, 2011, submitted by Townsend and Associates, on behalf of Jennum Wellington Properties Inc., relating to the minor variance application A.034/11 concerning 1025 – 1037 Wellington Road, the Ontario Municipal Board BE ADVISED that the Municipal Council does not support the Committee of Adjustment decision to refuse the minor variance;   (b)          the City Solicitor and Director of Land Use Planning and City Planner BE DIRECTED to provide legal and planning representation at the Ontario Municipal Board Hearing to support Municipal Council’s decision;   (c)          in response to the letter of appeal to the Ontario Municipal Board, dated July 29, 2011, submitted by Barry R. Card, on behalf of The Standard Life Assurance Company of Canada., relating to the minor variance application A.070/11 concerning 1025 – 1037 Wellington Road, the Ontario Municipal Board BE ADVISED that the Municipal Council supports the Committee of Adjustment decision to grant the minor variance; and,   (d)          the City Solicitor and Director of Land Use Planning and City Planner BE DIRECTED to provide legal and planning representation at the Ontario Municipal Board Hearing to support the Committee of Adjustment’s and Municipal Council’s decision.

Councillor Hubert calls the question.  Motion Passed

Motion Passed

Motion made to Approve made by J.B. Swan that the Civic Administration BE ASKED to undertake the following actions with respect to the soil remediation in the Wellington Street road allowance adjacent to Piccadilly Park:   (a)          explore options to enhance the existing parking lot (ie. installing a gazebo or covering the parking lot with soil and planting vegetation);   (b)          with the use of consultants and a maximum budget of up to $39,660,  determine the extent of the contamination; and,   (c)          include community consultation;   it being noted that the Built and Natural Environment Committee received a report dated July 7, 2011, from the Director of Land Use Planning and City Planner, a communication dated July 6, 2011, from A. Woodson, Executive Director, Piccadilly Area Neighbourhood Association and a verbal presentation from the Manager III, Parks Planning and Design, with respect to this matter.

Motion Passed

Motion Passed

The Chair directs that report clauses be noted.

262.   262.

9.   Confidential Matters

That the Committee of the Whole passed the following resolution prior to moving in camera from 4:14 p.m. to 8:15 p.m.:   That the Committee of the Whole move in camera to consider a matter pertaining to an educational or training session for Council Members in accordance with Section 239 (3.1) of the Municipal Act, 2011.

263.   263.

264.   264.

IX.   DEFERRED MATTERS

X.   ENQUIRIES

No enquiries

At 12:28 a.m. W.J. Polhill puts Councillor Hubert in the Chair and takes a seat at the Council Board.

265.   265.

XI.   EMERGENT MOTIONS

Pursuant to Part 13 of the Council Procedure By-law, a motion for Reconsideration is made by Councillor Hubert and seconded by Councillor Swan, with respect to the Emergent Motion of the July 25, 2011 Council meeting, as it relates to Zebro Holdings.

Motion Passed

Motion Passed