June 12, 2012

Original link

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

I.   RECOGNITIONS

1.   Councillor D. Henderson enquired about the

advisability of planting trees under high tension wires, noting that he has observed this happening in the Byron area.  The matter was referred to the Civic Administration for review and response to Councillor Henderson.

2.   Councillor Usher enquired about what details are available regarding the

impending OLG changes to the gaming industry, including timing, ultimate model (i.e. size, location, funding arrangements, etc.), anticipated benefits, and plans for consultation and communication with the Municipal Council, the public and other local stakeholders, as noted in his communication dated June 8, 2012.  Mayor J.F. Fontana advised that ongoing discussions were occurring with provincial officials and that details would be shared as they become available.

II.   DISCLOSURES

OF PECUNIARY INTEREST

III.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE ELEVENTH MEETING HELD ON MAY 22 AND 23, 2012

Moved by Councillor H.L. Usher

Seconded by Councillor J.L. Baechler

Approve the Minutes of the 11th Meeting held on May 22 and 23, 2012.   Motion Passed

Motion Passed

IV.   REVIEW

OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

V.   COMMUNICATIONS

AND PETITIONS

VI.   MOTIONS

OF WHICH NOTICE IS GIVEN

VII.   ADDED

REPORTS

VIII.   REPORTS

3.   Deferred Matters/Additional Business

Moved by Councillor J.B. Swan

Approve that the Civic Administration BE DIRECTED to advise the community that investment and economic prosperity proposals received after June 1, 2012 will not be considered in 2012.   At 10:18 PM, Councillor W.J. Armstrong leaves the meeting.   At 10:19 PM, Councillor P. Van Meerbergen leaves the meeting.    Motion made by Councillor J.L. Baechler and seconded by Councillor J.B. Swan to Amend clause 3 at the end of the clause by adding the following wording, “it being noted that the RFP related to the City’s UTRCA lands would not be subject to the June 1st deadline”.

Motion Passed

Motion Passed

Moved by Councillor H.L. Usher

Seconded by Councillor J.P. Bryant

Amend clause 3 by replacing the date of June 1 with the date of July 1.

Motion Failed

Motion Failed

The motion to adopt clause 3, as amended, is put

Motion Passed

Motion Passed

Moved by Councillor J.B. Swan

Approve that the City Clerk BE DIRECTED to make the necessary arrangements to hold additional Investment and Economic Prosperity Committee meetings, prior to the end of June 2012, to receive the remaining economic prosperity proposals that were received by June 1, 2012   Motion Passed

Motion Passed

4.   2011 Annual Update

on the John Labatt Centre

Moved by Councillor J.B. Swan

Approve that on the recommendation of the Deputy City Treasurer, the 2011 Annual Update on John Labatt Centre BE RECEIVED for information.

Motion Passed

Motion Passed

5.   Improving the

Intercity Bus System for London

Moved by Councillor J.B. Swan

Approve that the following actions be taken with respect to the delegation from Coach Canada and Pacific Western regarding improving the intercity bus system for London:   a)         the presentation by J. Crowley, Vice President, Coach Canada and D. Wright, General Manager, Pacific Western Transportation, regarding “Improving the Intercity Bus System for London” BE RECEIVED; b)         the communication from Coach Canada and Pacific Western Transportation requesting an opportunity to outline concerns regarding the current provincial regulatory environment affecting intercity bus service BE RECEIVED; and,   c)         the Civic Administration BE REQUESTED to review the information provided in a) and b), above and report back at a future meeting of the Investment and Economic Prosperity Committee with respect to a recommended course of action. it being noted that the Investment and Economic Prosperity Committee heard a verbal presentation from J. Crowley, Vice President, Coach Canada and D. Wright, General Manager, Pacific Western Transportation.

Motion Passed

Motion Passed

6.   Kitchener EDIF

Impact Analysis 2011

Moved by Councillor J.B. Swan

Approve that the communication dated January 9, 2012, from the City of Kitchener regarding the Economic Development Investment Fund (EDIF) Impact Analysis, BE RECEIVED.

Motion Passed

Motion Passed

7.   Request for

Municipal Council Resolution Supporting Rooftop Solar Projects at 2323 Trafalgar Street and 3026 Page Street

Moved by Councillor J.B. Swan

Approve that the attached communication from BrightRoof Solar BE REFERRED to the Civic Administration for review, with a verbal update regarding the matter to be provided by the Acting Executive Director of Planning, Engineering and Environmental Services and City Engineer at the June 12, 2012 Municipal Council Meeting.

Motion Passed

Motion Passed

8.   Canadian

Broadcasting Corporation Analogue Television Network

Moved by Councillor J.B. Swan

Approve that the following actions be taken with respect to the attached communication dated June 4, 2012, from M. Galizia regarding the Canadian Broadcasting Corporation (CBC) Analogue Television Network:   a)         the communication dated June 4, 2012, from M. Galizia, dated June 4, 2012 BE RECEIVED;   b)         the Mayor BE REQUESTED to write to the CBC requesting reconsideration of their decision to shut down their over the air television transmission to the London market and the analogue TV Network, including local repeaters of CBC in both French and English and to replace the two transmitters with at least one digital transmitter;   c)         the Mayor BE REQUESTED to write to the Federal Minister responsible for oversight of the Canadian Radio-Television Telecommunications Commission (CRTC) to request reconsideration of the CBC’s decision noted in b), above;   d)         other Southwestern Ontario municipalities affected by this decision, as well as the Southwest Economic Alliance, the Association of Municipalities of Ontario, the London Economic Development Corporation and local school boards, BE REQUESTED to support London’s request;   e)         local and area Members of Parliament and Members of the Legislative Assembly of Ontario BE REQUESTED to support the City’s request; it being noted that the City of London is designated as a French language service provider in the areas of Ontario Works and housing by virtue of its role as Consolidated Municipal Service Manager in those areas; and,   f)         the Director of Intergovernmental and Community Liaison BE REQUESTED to investigate what steps can be taken to appeal the CBC’s decision to the CRTC.

Motion Passed

Motion Passed

Moved by Councillor J.P. Bryant

Seconded by Councillor H.L. Usher

Refer consideration of the 10th Report of the Investment and Economic Prosperity Committee to next Council meeting for the public to have time to review the report.

Motion Failed

Motion Failed

9.   Environmental and

Ecological Planning Advisory Committee

Moved by Councillor M. Brown

Approve that the following BE APPOINTED to the Environmental and Ecological Planning Advisory Committee for the term ending February 28, 2015; it being noted that any appointments of individuals beyond two consecutive full terms are made notwithstanding Council policy which states that advisory committee members shall serve on the same advisory committee no longer than two consecutive full terms plus, if applicable, one preceding partial term in those cases where advisory committee members are initially appointed mid-term to fill a vacancy:   Voting:

  • Kristen Delaney (Member-at-Large)
  • Ingrid Garcia (Member-at-Large)
  • Ravi Gupta (Member-at-Large)
  • Sandy Levin (Member-at-Large)
  • Dr. Bill Maddeford (Member-at-Large)
  • Teresa McLellan (Member-at-Large)
  • Leila Nattagh (Member-at-Large)
  • Curtis Peterson (Member-at-Large)
  • Seneca Sanford (Member-at-Large)
  • Gabor Sass (Member-at-Large)
  • Dean Sheppard (Member-at-Large)
  • Greg Vilk (Member-at-Large)
  • Dr. Nina Zitani (Member-at-Large)   Non-Voting:
  • Christine Creighton (Upper Thames River Conservation Authority)
  • Joe Gordon (Kettle Creek Conservation Authority)

Motion Passed

Motion Passed

10.   London Advisory

Committee on Heritage

Moved by Councillor M. Brown

Approve that the following BE APPOINTED to the London Advisory Committee on Heritage for the term ending February 28, 2015; it being noted that any appointments of individuals beyond two consecutive full terms are made notwithstanding Council policy which states that advisory committee members shall serve on the same advisory committee no longer than two consecutive full terms plus, if applicable, one preceding partial term in those cases where advisory committee members are initially appointed mid-term to fill a vacancy:   Voting:

  • Trevor Fowler (Member-at-Large)
  • Stephanie Potter (Member-at-Large)
  • Dirk Vandenberg (Member-at-Large)
  • Jim Cushing (Natural Heritage - McIlwraith Field Naturalists)
  • Derek Dudek (Development Community - London Home Builders Association)
  • George Goodlet (Local History - London & Middlesex Historical Society)
  • John Lutman (Built Heritage - London Branch of the Architectural Conservancy of Ontario)
  • John Manness (Movable Heritage - Museum & Galleries)
  • Jennifer Nelson (Emerging Leaders Initiative)
  • Wes Kinghorn (Neighbourhoods - Urban League of London)
  • Dan Brock (Movable Heritage – Archives - Archives Association of Ontario)
  • Darryl Dann (Archaeology/Anthropology - Ontario Archaeological Society, London Chapter)

Motion Passed

Motion Passed

11.   London Diversity

and Race Relations Advisory Committee

Moved by Councillor M. Brown

Approve that the following BE APPOINTED to the London Diversity and Race Relations Advisory Committee for the term ending February 28, 2015; it being noted that any appointments of individuals beyond two consecutive full terms are made notwithstanding Council policy which states that advisory committee members shall serve on the same advisory committee no longer than two consecutive full terms plus, if applicable, one preceding partial term in those cases where advisory committee members are initially appointed mid-term to fill a vacancy:   Voting:

  • Noha Abdo (Member-at-Large)

  • Chad Callander (Member-at-Large)

  • David Cardoso (Member-at-Large)

  • Michelle Edwards (Member-at-Large)

  • Rolanda Elijah (Member-at-Large)

  • Shelina Kassam (Member-at-Large)

  • Mark Rabi (Member-at-Large)

  • Patrick Shanahan (Member-at-Large)

  • Mary Singeris (Member-at-Large)

  • Jocy von Wahl (Member-at-Large)

  • Nicole Buteau (French Committee Services, AFO de London-Sarnia)   Non-Voting:

  • Dayle Allan (London Urban Services Organization)

  • Fae Andrighetti (London Bahai’i Community)

  • Diana Goodwin (Thames Valley District School Board)

  • Ashfaq Husain (Ontarians with Disabilities Committee)

  • Ludmila Kowalchuk (Ethnocultural Council of London)

  • Dharshi Lacey (Council for London Seniors)

  • Sergeant Marcel Marcellin (London Police)

  • Kelly McManus (United Way)

  • Luke Nicholas (N’Amerind (London) Friendship Centre)

  • Dorothy Stolarski (London & Middlesex Housing Corporation)

  • Terri Tomchick-Condon (Western University)

  • Sheila Wilson (Fanshawe College of Applied Arts and Technology)

Motion Passed

Motion Passed

12.   London Housing

Advisory Committee

Moved by Councillor M. Brown

Approve that the following BE APPOINTED to the London Housing Advisory Committee for the term ending February 28, 2015; it being noted that any appointments of individuals beyond two consecutive full terms are made notwithstanding Council policy which states that advisory committee members shall serve on the same advisory committee no longer than two consecutive full terms plus, if applicable, one preceding partial term in those cases where advisory committee members are initially appointed mid-term to fill a vacancy:   Voting:

  • Kathleen Albert (Member-at-Large)
  • Shellie Chowns (Member-at-Large)
  • Don Drennan (Member-at-Large)
  • Siu Ming Kwok (Member-at-Large)
  • Jacob Malkin (Member-at-Large)
  • Abe Oudshoorn (Member-at-Large)
  • Nadine Reeves (Member-at-Large)
  • Robert Sexsmith (Member-at-Large)
  • Jacob Skinner (Member-at-Large)
  • Kathryn Butler (Member-at-Large - Alternate)
  • W. Graham McGeorge (Member-at-Large - Alternate)
  • Chris Moss (Non Profit Sector)
  • Deborah Peckham (Tenants Sector)
  • Jens Stickling (Private Sector)   Non-Voting:
  • Sergeant Glenn Hadley (London Police)
  • Glenn Matthews (Housing Mediation Office)
  • David Norton (London & Middlesex Housing Corporation)

Motion Passed

Motion Passed

14.   Trees and Forests

Advisory Committee

Moved by Councillor J.B. Swan

Seconded by Councillor D. Brown

Amend clause 14 by referring the proposed appointment of Jack Winkler to the Finance and Administrative Services Committee in order to conduct an interview with the applicant.

Motion Passed

Motion Passed

The motion to adopt clause 14, as amended is put.

Motion Passed

Motion Passed

15.   Creative City

Committee

Moved by Councillor M. Brown

Approve that the following actions be taken with respect to appointments to the Creative City Committee:   a)         consideration of new appointments to the Creative City Committee, for the term ending February 28, 2015, BE DEFERRED pending the outcome of the review of the terms of reference for the Creative City Committee and the implementation of the Cultural Plan; and   b)         notwithstanding Council policy, the term of the existing Creative City Committee members BE EXTENDED until such time as new appointments are made in keeping with a), above.

Motion Passed

Motion Passed

16.   Town and Gown

Committee

Moved by Councillor M. Brown

Approve that the following BE APPOINTED to the Town and Gown Committee for the term ending February 28, 2015; it being noted that any appointments of individuals beyond two consecutive full terms are made notwithstanding Council policy which states that advisory committee members shall serve on the same advisory committee no longer than two consecutive full terms plus, if applicable, one preceding partial term in those cases where advisory committee members are initially appointed mid-term to fill a vacancy:   Voting:

  • Pauline House (Fanshawe Neighbourhood Area)
  • Dennis Pellarin (Western University Neighbourhood Area)

Motion Passed

Motion Passed

Moved by Councillor M. Brown

Approve that the Mayor BE REQUESTED to write a letter of appreciation to the Members of the Striking Committee, expressing the Municipal Council’s appreciation for their efforts; it being noted that G. Thompson, Striking Committee Chair, provided an brief overview of the process followed by the Striking Committee in making its recommendations.

Motion Passed

Motion Passed

17.   Association of

Municipalities of Ontario Board of Directors

Moved by Councillor P. Hubert

Approve that the following actions be taken with respect to the Association of Municipalities of Ontario (AMO) Board of Directors:   a)         NO ACTION BE TAKEN with respect to the request of Councillor D. Brown for nomination to the AMO Board of Directors; it being noted that Councillor D. Brown indicated she wished to withdraw her request; and   b)         on the recommendation of the Director of Intergovernmental and Community Liaison, the nomination of Grant Hopcroft, Director of Intergovernmental and Community Liaison, to the 2012-2014 Association of Municipalities of Ontario (AMO) Board of Directors – Secretary-Treasurer BE SUPPORTED.

Motion Passed

Motion Passed

18.   Enquiry –

Councillor P. Hubert

Moved by Councillor M. Brown

Note that Councillor P. Hubert enquired if an Advisory Committee member would be required to step down from an Advisory Committee if they had a conflict. The City Clerk advised that the handling of these situations would be done in keeping with the Code of Conduct for Advisory Committee members.

Motion Passed

Motion Passed

19.   Properties located

at 2310, 2330, 2350 and 2362 Dundas Street (39T-12502)

Moved by Councillor B. Polhill

Approve that, the following actions be taken with respect to the Plan of Subdivision application of The Shrew Sports Corporation, relating to the properties located at 2310, 2330, 2350 and 2362 Dundas Street:   a)            the Plan of Subdivision application of The Shrew Sports Corporation relating to the properties located at 2310, 2330, 2350, and 2362 Dundas Street BE REFERRED back to the Civic Administration for further consideration; and,     b)            pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN in respect of the proposed plan of subdivision;   it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:   -                     A. R. Patton, Patton, Cormier & Associates, on behalf of the applicant – advising that the subject 14.65 hectare lands are currently zoned automobile oriented commercial; indicating that there is room for 6 dealerships on 7 lots; advising that they approached the owner of the KIA dealership to ask if KIA wished to participate and the owner declined; expressing four concerns; indicating that conditions 1, 5, 6, 7 and 8 are affected by the one foot reserve, which is their first concern as it affects rights in and rights out; indicating that Lot 8 is zoned for commercial uses; advising that Lots 1, 5 and 6 have been reconfigured; indicating that the Lots were planned and zoned for car dealerships with frontage onto Crumlin Side Road; indicating that their second concern is with the access restrictions in Conditions 41, 43 and 45; noting that there will be a left turn lane for traffic heading north on Crumlin Side Road; advising that with the report that was delivered to staff today, they may be able to resolve the issues; indicating that the conditions require a through lane; advising that their third concern is with condition 73; indicating that the urban reserve guidelines should be appended to the subdivision agreement; indicating that it is important to recognize that each dealership has to conform to corporate built forms and cannot be varied; advising that the dealership owners are all London businessmen who have to agree to a complete set of guidelines and principles set out by their dealership corporations; indicating that their fourth concern is the servicing for the lands; indicating that the KIA dealership is immediately to the west and is capable of expanding; indicating that the triangular portion of the lands on Dundas Street are currently owned by the City; noting that the KIA lands and the City-owned lands can be accessed by Street ‘A’; enquiring as to what the city lands can be used for; indicating that if the City wants access from its lands, it should discuss this with KIA; advising that the KIA dealership could bring the road up from Dundas Street and tie in; noting that the KIA lands can function on a stand-alone basis; further noting that they are not subject to the same restrictions; advising that the Ontario Municipal Board ruled that it is not a requirement for the land owners adjacent to contribute; indicating that with one foot reserves and access restrictions, they can make progress in a week or so; requesting fairness at the site plan stage for rights in and rights out; requesting the Committee to refer this matter back to the Civic Administration to deal with the issues outlined in this presentation; and advising that the business owners do not get dealerships without meeting the dealership standards. -                     KIA Dealership Owner – advising that the plan was approved in 2010; indicating that with this plan, the street is stopping short of their property; advising that he was told that land cannot be landlocked; advising that he is looking forward to seeing all the dealerships; and reiterating that he does not want his property landlocked.

Motion Passed

Motion Passed

20.   Properties located

at 186-188 Huron Street and 2 Audrey Avenue (SP12-007186)

Moved by Councillor B. Polhill

Approve that, notwithstanding the recommendation of the Manager, Development Planning, the following actions be taken with respect to the site plan approval application of KAP HOLDINGS INC relating to the property located at 186-188 Huron Street, 2 Audrey Avenue:   a)         the Approval Authority BE ADVISED that at the public meeting of the Planning and Environment Committee held with respect to this matter, issues were raised with respect to the proposed building, and established buildings, being out of character in relation to the other properties on the street;   b)         the Civic Administration BE REQUESTED to look at significant landscape enhancements; and,   c)            the Civic Administration BE REQUESTED to show creativity in the urban design in keeping with the neighbourhood;   it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:   -                    Richard Zelinka, Zelinka Priamo Limited, on behalf of the applicant – advising that the proposal is for a single-detached dwelling located within a group of three single-detached dwellings; advising that this will be infill on the lot; indicating that the building will have the same character as the three dwellings located on the property; noting that the first building was seen as an affront; indicating that the three dwellings have a distinctive character; advising that the buildings are part of the neighbourhood; advising that the proposed dwelling will have the same character and will be fronting onto Audrey Avenue; requesting that the Committee consider that consent was granted to make better use of the land; advising that the proposal conforms to the Zoning By-law; indicating that the proposal is designed for students; advising that older homes are not designed to withstand the rigors of a transient population; and advising that this type of housing can endure and be in good condition over the long-term. -                    Marie Blosh, 43 Mayfair Drive – advising that she is the former President of the Broughdale Neighbourhood Association; enquiring as to what the Urban Design Brief is; advising that this property has a long history; noting that a severance was granted in 2005; advising that these buildings are not what people think of when they think of a single-family dwelling; indicating that the Committee is asking an awful lot for the residents to keep coming to these meetings and also having to go to the Ontario Municipal Board for this property; advising that there was an outline of a door spray painted on one of the walls; requesting that the Committee refer the application back until all the documentation is received; requesting that the developer build something that isn’t going to make the situation worse; advising that landscape should be required to break up the walls; and advising that the walls facing Huron Street have no windows. -                    Jacqueline Farquhar, 383 St. George Street – expressing support for Ms. Blosh’s comments; advising that she is an active person who walks up and down St. George Street; indicating that she does not try to see what faces them at St. George and Huron Streets; requesting that when all the documentation is in, request that shrubbery be planted; suggesting that an artist should paint windows and doors on the blank walls; and indicating that the neighbours did not want 56 families living on that site so they now have to live with what they have. -                    John Manness, 77 Bloomfield Street – enquiring as to when the style of the three buildings becomes part of the neighbourhood; advising that there must be a mistake in the design of the complex; indicating that if the buildings were more mobile, they could put the buildings together to form a block of four; advising that he hates to see the buildings continue to be replicated; and suggesting that maybe landscape could help with the appearance of the buildings. -                    Diana Coates, 321 St. George Street – advising that the new building should be the same material and same structure as the current buildings on the lot; advising that the tall buildings are not uncharacteristic in the neighbourhood; expressing that it is a sad fact that this was introduced into the low, single family area; advising that it is so stunningly out of character; and advising that there is enormous character and history on the street. -                    Arnon Kaplansky, applicant – showing the Committee drawings on how he could complete the dwellings; advising that the 1989 Official Plan showed 2 buildings per lot; advising that in 1994, he proposed two detached dwellings and was rejected because of too many students; indicating that he waited 11 years and proposed to build 5 plexes and was again rejected; advising that in 2011, he proposed to build townhouses; advising that the three proposals shown have not been important to the neighbourhood association; advising that the design for the two buildings is similar to the three-storey apartment building on Huron Street; advising that the proposed townhouses would have generated $200,000 in development charges for the City; and advising that he is willing to remove the buildings to build townhouses.

Motion Passed

Motion Passed

21.   Property located at

537 Crestwood Drive (OZ-7963/39CD-11519)

Moved by Councillor B. Polhill

Approve that, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the application of Star Homes Limited relating to the property located at 537 Crestwood Drive:   a)         the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on June 12, 2012 to amend the Official Plan to change the designation of lands FROM Urban Reserve Community Growth TO Low Density Residential;   b)         the attached, revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on June 12, 2012 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a), above), to change the zoning on the easterly portion of the subject property FROM a Residential R1 (R1-9) Zone, which permits single detached dwellings on lots with a minimum lot frontage of 18 metres and a minimum lot area of 690 m2 and an Urban Reserve (UR1) Zone, TO a Residential R6 Special Provision (R6-2( )) Zone and a Holding Residential R6 Special Provision (h-.h-.R6-2( )) Zone, which permits cluster housing in the form of single detached dwellings at a maximum density of 20 units per hectare, with special provisions to recognize the existing 10 metre lot frontage and a 1.2 metre interior side yard for the existing dwelling; it being noted that two holding provisions are being recommended to ensure that prior to development potential noise impacts and geotechnical issues will be addressed to the satisfaction of the City;   c)         the request to amend Zoning By-law No. Z.-1 to change the zoning on the westerly portion of the subject property FROM an Urban Reserve (UR1) Zone TO a Residential R6 Special Provision (R6-2( )) Zone BE REFUSED for the following reasons: i)             changing the zoning on the westerly portion of the subject property is premature and the Urban Reserve (UR1) Zone should remain in place until such time as a rehabilitation plan and site restoration have been completed for peripheral lands in the adjacent aggregate extraction area; and, ii)            changing the zoning on the westerly portion of the property at this time is not in conformity with the policies of the Official Plan or consistent with the Provincial Policy Statement;             d)         the Approval Authority BE ADVISED that at the public meeting of the Planning and Environment Committee held with respect to this matter, issues were raised with respect to road access to the proposed new development; and,   e)         the Approval Authority BE REQUESTED to utilize, if possible, one agreement in place of a separate development agreement and condominium agreement, to address the development of this site;   it being noted that the Planning and Environment Committee reviewed and received a communication, dated May 25, 2012, from J. McGuffin, Monteith Brown Planning Consultants;   it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:   -                     Jean Monteith, Monteith Brown Planning Consultants, on behalf of the applicant – expressing support for the revised recommendation. -                     Sharon Whitfield, 551 Crestwood Drive – advising that this is a short street; indicating that she is not opposed to any type of building that the developer builds; indicating that she was advised that there is to be a 300 metre buffer beyond the Byron Gravel Pit; indicating that five or six years ago, at the north end of Crestwood Drive, condominiums were built; indicating that there are 9 houses on Crestwood Drive with no road access to the vacant lots behind their houses; expressing concern with a possible domino affect; advising that the properties to the north and south of the application are owned by someone else who wants to build on the properties; advising that they were told that the land would be redeveloped when the gravel pit closes; indicating that a different applicant was refused development by the Municipal Council, but that he may reapply; expressing concern as they are the last house on the street and there is ten feet between them and their neighbor; advising that there could be as many as 15 houses built behind her street with no road; and advising that if you let one person do this, how do you deny the next person.

Motion Passed

Motion Passed

22.   Heritage

Designation - property located at 1576 Richmond Street

Moved by Councillor B. Polhill

Approve that, notwithstanding the recommendation of the Director, Land Use Planning and Policy, the proposed designation of the property located at 1576 Richmond Street BE REFERRED to the June 11, 2012 Planning and Environment Committee for a report from the City Solicitor’s Office with respect to the potential designation or demolition;   it being noted that the Planning and Environment Committee reviewed and received the following communications:   -                     a communication from M. Lake Collins, 1603 Richmond Street; -                     a communication, dated May 23, 2012, from R. Johns and P. Norris, 19-1574 Richmond Street;   it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:   -                     George Goodlet, Chair, London Advisory Committee on Heritage (LACH) – advising that the LACH expressed support for the designation of the subject property. -                     Alan R. Patton, Patton, Cormier & Associates – advising that this recommendation is called “detrimental reliance” which does not exhibit fairness and sets a bad precedence if the City designates the property; indicating that based on the information his client was given, he purchased the property for future development; advising that his client contacted the Heritage Planner and was advised that the property is not listed on the Inventory of Heritage Resources; advising that the property is zoned for Multi-Family High Density Residential; advising that the zoning occurred after the townhouses were built on the surrounding lands; indicating that his client was advised of the error; noting that steps were taken to list the property on the Inventory of Heritage Resources; advising that other similar buildings have more prominent locations as part of the streetscape; indicating that the property is located between the three-storey condominiums to the north and the one-storey condominiums to the south; advising that there is no practical reuse for the building for redevelopment purposes; indicating that there is insufficient opportunity to develop behind the house; requesting that the Committee approve the demolition of the building; and advising that the London Advisory Committee on Heritage received a communication, dated May 9, 2012, from Shelagh Martin, 260 Sydenham Street, with respect to this matter. -                     John Manness, 77 Bloomfield Drive – expressing support for the designation of the property; advising that this is a valuable heritage building; indicating that the error of the removal of the property from the Inventory of Heritage Resources was made a long time ago; advising that this reiterates the need for the London Advisory Committee on Heritage members to be vigilant; and indicating that there are opportunities for other infill developments. -                     Marie Blosh, 43 Mayfair Drive – expressing support for the designation of the property; indicating that this property makes the neighbourhood unique; and expressing sadness that the building may be demolished. -                     Joey Pipicelli, 3 Medway Crescent – advising that he is representing the Medway Community; commending the London Advisory Committee on Heritage for their recommendation; advising that normally purchasers ask for information in writing; indicating that the purchaser had to know that the property has heritage value; advising that there is another heritage property on the northwest corner across from this site; requesting preservation in this area; noting that the Gillespie family has strong ties to the University of Western Ontario; advising that this property is the gateway to Richmond Street North; advising that this is a unique area with strong neighbourhoods; indicating that there is some cluster housing; expressing significant concern over losing such a home; and enquiring as to what we are doing to enhance the throughway. -                     Ted Brown, 1574 Richmond Street – expressing support for the designation of the property; advising that the trees need an arborist and the landscaping needs to be cleaned up; advising that at the traffic lights at Richmond Street and Western Road, people cannot get out of the condominiums; advising that Medway Street is a dead end; and enquiring as to where the traffic is going to go. -                     Rocklee Johns, 19 – 1574 Richmond Street - expressing support for the designation of the property; indicating that she is speaking on behalf of her neighbours; advising that she has lived in this area for seven years; advising that the building adds character and adds to the enjoyment of the area; and advising that she would hate to see a tobacco drying silo built in this spot. -                     Julia Beck, 39 Cartwright Street - expressing support for the designation of the property; advising that she has a particular interest in infantry; advising that the building is in good condition; indicating that if a heritage property is demolished once, it can be done again and again; advising that with the owner’s consent, a designation permit can be applied; requesting that the neighbours and the London Advisory Committee on Heritage be given a chance to work with the developer; and advising of the outcome of the Red Antiquities building.

Motion Passed

Motion Passed

23.   Property located

at 72 Hamilton Road

Moved by Councillor B. Polhill

Approve that, on the recommendation of the Director, Land Use Planning and City Planner, with the advice of the Heritage Planner, the Director of Building Controls BE ADVISED that Municipal Council does not object to the demolition of the property at 72 Hamilton Street; it being noted that the London Advisory Committee on Heritage does not object to this demolition; 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

24.   Property located at

1451 Wharncliffe Road South

Moved by Councillor B. Polhill

Approve that, on the recommendation of the Director, Land Use Planning and City Planner, with the advice of the Heritage Planner, the Director of Building Controls BE ADVISED that Municipal Council does not object to the demolition of the property at 1451 Wharncliffe Road South; it being noted that the London Advisory Committee on Heritage does not object to this demolition;   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

25.   Hyde Park

Commercial Area Official Plan and Zoning By-law Review re properties located at 1331-1369 and 1364-1420 Hyde Park Road

Moved by Councillor B. Polhill

Approve that, notwithstanding the recommendation of the Director, Land Use Planning and City Planner, the Civic Administration BE DIRECTED to initiate an Official Plan Amendment to apply a commercial land use designation on the lands located at 1351, 1357 and 1369 Hyde Park Road;       it being noted that the Planning and Environment Committee heard verbal presentations from Ric Knutson, Knutson Development Consultants Inc. and James Kozak, 8-40 Quinella Drive, with respect to this matter.

Motion Passed

Motion Passed

26.   Properties located

at 255 South Carriage Road and 1331 Hyde Park Road (39T-08502/OZ-7510)

Moved by Councillor B. Polhill

Approve that, notwithstanding the following actions be taken with respect to the application of Kenmore Homes (London) Inc. relating to the properties located at 255 South Carriage Road and 1331 Hyde Park Road:   a)            Lots 159, 160 and 161 BE REZONED to permit one storey dwellings only and the Civic Administration BE DIRECTED to provide the appropriate by-laws at a future meeting of the Planning and Environment Committee;   b)            Draft plan conditions 31 and 40, as recommended by Staff BE DELETED from Appendix 39T-08502;   c)            notwithstanding the staff recommendation, the Official Plan be Amended to change the designation FROM Multi-Family Medium Density Residential TO Mainstreet Commercial Corridor; d)            notwithstanding the staff recommendation, Zoning By-law No. Z.-1 be Amended to change the zoning FROM an Urban Reserve (UR3) Zone TO a Holding Business District Commercial Special Provision (h∙ BDC2(4)) Zone;   e)            the Civic Administration BE REQUESTED to initiate an application to amend the Official Plan designation of the properties located at 1351-1357 and 1369 Hyde Park Road FROM Multi-Family Medium Density Residential TO Mainstreet Commercial Corridor;   f)          the attached, revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on June 12, 2012 to amend the Official Plan to change the designation of lands FROM Multi-Family Medium Density Residential TO Mainstreet Commercial Corridor;   g)         the attached, revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on June 12, 2012 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a), above), to change the zoning on the lands located at 255 South Carriage Road and 1331 Hyde Park Road, FROM a Holding Urban Reserve (h-2∙ UR3) Zone; an Urban Reserve (UR3) Zone, an Open Space (OS5) Zone;  a Compound Holding Residential R2/R4 (h∙R2-1/R4-6) Zone, a Compound Holding Residential R5/R6/R7/R8 (h∙R5-7/R6-4/R7∙D75∙H13/R8-4) Zone and a Compound Holding Neighbourhood Facility/Residential R5/R6/R7/R8 (h∙NF/R5-7/R6-4/R7∙D75∙H13/R8-4) Zone, TO a Holding Residential R1 Special Provision (h∙ h-100∙R1-3(4)) Zone; a Holding Residential R1 Special Provision (h∙ h-100∙R1-3(8)) Zone; a Holding Residential R1 Special Provision (h∙ h-100∙R1-3(_)) Zone; a Holding Residential R1 Special Provision (h∙h-100∙R1-13(6)) Zone; Holding Residential R1 Special Provision/Neighbourhood Facility (h∙h-100∙R1-3(4)/NF) Zone; a Holding Business District Commercial (BDC2(4)) Zone; an Open Space (OS4) Zone and an Open Space (OS5) Zone; and,   h)         pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN in respect of the proposed plan of subdivision;   it being noted that the Planning and Environment Committee reviewed and received the following communications:     -                     a communication, dated May 23, 2012, from Ric Knutson, Knutson Development Consultants Inc.; -                     a communication, dated May 25, 2012, from Sandra Hudson, 4-1144 Coronation Drive; -                     a communication, dated May 25, 2012, from Lisa Muench, 19-1144 Coronation Drive; -                     a communication from Madge Witzing, 11-1144 Coronation Drive; and, -                     a communication from Nancy Pettit, 23-1144 Coronation Drive;   it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:   -                     Ric Knutson, Knutson Development Consultants Inc., on behalf of the applicant – advising that Lots 122 and 123 on Coronation Drive are larger due to the exterior side yard; advising that Councillor Matt Brown asked if the front could be facing onto Street ‘A’; advising that Lot 161 is approximately 70 metres; noting that if the dwelling is 6 metres long, that leaves a 50 metre rear yard with nothing but grass; enquiring as to on what basis Kenmore Homes owes money; indicating that the consent agreement includes a road sharing clause; requesting that conditions 31 and 40 be removed; and advising that the City has no authority to deal with four lots. -                     Wanda Oatman – 1144 Coronation Drive – advising that this is going to reduce the value of their condominiums; indicating that you are going to have 2 storey homes near bungalow condominiums; indicating that they have small backyards; advising that this is not fair to the condominium residents; indicating that there could be a compromise by installing a road behind them; advising that there seems to be different rules for public and private roads; requesting that one storey homes be built so that their sunsets do not start at 2:00 p.m.; indicating that bungalows would look much nicer; acknowledging that this is an awkward piece of property; realizing that the new homes are going to be built; indicating that they pay their taxes and do all the right things; and indicating that most of the residents are enjoying their twilight years in their condominiums. -                       Norma Spearing, 1-1144 Coronation Drive – enquiring as to what would be built on Lot 141; expressing concern about the value of homes that will be built; and expressing concern about the quality of homes being built. -                       Lisa Muench, 19-1144 Coronation Drive – advising that this is a community of mostly retired people; requesting that decent homes be built; and indicating that the last two condominiums have sold for over $300,000. -                       Madge Witzing, 11-1144 Coronation Drive – advising that they are living in a clustered community; reiterating what her neighbours have said; and indicating that the application is not fair. -                       Hugh Hudson, 4-1144 Coronation Drive – advising that if the developer is required to build one-storey houses on Lots 159 and 161, they will be grateful.

The motion to adopt part a) of clause 26 is put.   Motion Passed

Motion Passed

27.   5th Report of the

Advisory Committee on the Environment

Moved by Councillor B. Polhill

Approve that the 5th Report of the Advisory Committee on the Environment, from its meeting held on May 2, 2012 BE RECEIVED.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Approve that it BE NOTED that:   a)            Councillor J.P. Bryant disclosed a pecuniary interest in clause 3 of this Report having to do with a Committee of Adjustment decision concerning the University of Western Ontario application relating to the property located at 1465 Richmond Street, by indicating that her husband is employed by The University of Western Ontario; and,   b)            Councillor B. Polhill disclosed a pecuniary interest in clause 3 of this Report having to do with a Committee of Adjustment decision concerning the University of Western Ontario application relating to the property located at 1465 Richmond Street, by indicating that his son is a member of the Committee of Adjustment.

Motion Passed

Motion Passed

13.   Transportation

Advisory Committee

Moved by Councillor M. Brown

Approve that the following BE APPOINTED to Transportation Advisory Committee for the term ending February 28, 2015; it being noted that any appointments of individuals beyond two consecutive full terms are made notwithstanding Council policy which states that advisory committee members shall serve on the same advisory committee no longer than two consecutive full terms plus, if applicable, one preceding partial term in those cases where advisory committee members are initially appointed mid-term to fill a vacancy:   Voting:

  • Stephen Brook (Member-at-Large)
  • Mike Marsman (Active Cyclist)
  • Frank Berry (London Transit Commission)
  • Knute Dohnberg (Chamber of Commerce)
  • Stephen Janes (London Development Institute)
  • Margaret Richings (Thames Region Ecological Association)
  • Dave Waller (Council for London Seniors)   Non-Voting:
  • John Ford (London Transit Administration)
  • Iqbal Kalsi (Middlesex-London Health Unit)

Motion Passed

Motion Passed

IX.   DEFERRED

MATTERS

X.   ENQUIRIES

XI.   EMERGENT

MOTIONS

XII.   BY-LAWS

Moved by Councillor B. Polhill

Seconded by Councillor P. Van Meerbergen

Approve 1st reading of Bills No.s 248 to 268, inclusive.

Motion Passed

Motion Passed

Moved by Councillor J.P. Bryant

Seconded by Councillor D. Brown

Approve 2nd Reading of Bill No.s 248 to 268, inclusive.

Motion Passed

Motion Passed

Moved by Councillor H.L. Usher

Seconded by Councillor J.B. Swan

Approve 3rd reading and enactment of Bill No.s 248 to 268, inclusive.

Motion Passed

Motion Passed

XIII.   COMMITTEE

OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

XIV.   ADJOURNMENT