January 28, 2014, at 4:04 PM

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The Council meets in Regular Session in the Council Chambers this day at 4:04 PM.

I.   DISCLOSURES

OF PECUNIARY INTEREST

Councillor S.E. White discloses a pecuniary interest in clause 6 of the 2nd Report of the Planning and Environment Committee having to do specifically with clause 12 c) of the 1st Report of the London Advisory Committee on Heritage, related to the application by the Tricar Group for the property located at 1030 Coronation Drive, by indicating that she lives slightly out of the circulation zone.    At 4:07 PM Councillors P. Van Meerbergen and D. Brown enter the meeting.

Councillor D. Brown discloses a pecuniary interest in clause 10 of the 2nd Report of the Planning and Environment Committee, having to do with the property located at 122 Wortley Road, by indicating that her home is in close proximity to the proposed development.

Councillor M. Brown discloses a pecuniary interest with respect to the enquiry of Councillor S.E. White, having to do with the proposed new school in the Summerside area, by indicating that the Thames Valley District School Board is his employer.

II.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III.   ADDED

REPORTS

Moved by Councillor J.L. Baechler

Seconded by Councillor S.E. White

approve that pursuant to section to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration of the Part XI Enquiries, to be heard prior to Part IV Committee of the Whole, in camera.

Motion Passed

Motion Passed

Moved by Councillor J.L. Baechler

Seconded by Councillor J.P. Bryant

Approve that pursuant to section to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration of the Part V Recognitions, to be heard prior to Part IV Committee of the Whole, in camera.

XI.   ENQUIRIES

Councillor Baechler enquired if it would be possible to receive an update on the City of London’s Industrial Land Development Strategy.  The Chair referred receipt of an update to the in camera session.

Councillor S.E. White indicated it was her understanding that the Thames Valley District School Board would not be constructing a new public school in the Summerside area, in the near future, due to insufficient enrolment.  She noted that this was of great concern to the constituents of her Ward and enquired if it would be possible to place this matter on the Agenda of the City of London/Thames Valley District School Board Liaison Committee meeting to be held on February 20, 2014.  The Chair indicated that he would do so and would also keep this matter in mind for a future meeting with the City of London/London District Catholic School Board Liaison Committee.

V.   RECOGNITIONS

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that the following pecuniary interests were disclosed:   a)         Councillor J.B. Swan disclosed a pecuniary interest in clause 2f) having to do with The Grand Theatre as his employer, Orchestra London, is currently involved in a process regarding a Performing Arts Centre.   b)         Councillor S.E. White disclosed a pecuniary interest in clause 2c) having to do with OW/ODSP Advocates Network, as well as other matters related to mental health, by indicating that she is employed by the Children’s Aid Society and the London Mental Health Crisis Centre.

2.   2014 Budget -

Public Participation Meeting

That the written and verbal submissions with respect to the draft 2014 Budget, BE RECEIVED;   it being pointed out that the following individuals made oral submissions with respect to this matter:   a)         Donald S. Bryant, McKenzie Lake Lawyers, representing St. Joseph’s Hospice – noting that St. Joseph’s Hospice is the first and only non-disease specific hospice in London; noting that while London has had hospice services for 28 years, St. Joseph’s Hospice will provide the residential component of this service, which has been missing to date; stating that the Hospice is non-denominational and will provide private rooms for its residents; noting that the Hospice will be privately operated, but requires $5.5M in funding, $3.6M of which has already been raised with $3.5M towards space and equipment and the balance for sustainability purposes; asking that the City provide $200K over two years; emphasizing that this facility is very much needed and the City should be a partner; pointing out the aging demographics in London and extending appreciation for the Municipal Council’s consideration of the request.   b)         Barry Sandler, Executive Director, Veterans Memorial Parkway Community Program – acknowledging the dedicated efforts of the public/private partnership to enhance the Veterans Memorial Parkway; noting it takes a community effort to make such a project a success; advising that the project received a national award for a large scale landscaping project, which has gained the area national media attention; stating that a number of stakeholders came together for the benefit of our City and doubled the number of plantings last year, which had an immediate visible impact; indicating there were 40 professional volunteers that prepared the ground for the trees and 450 volunteers then backfilled the plantings and staked the trees; pointing out that this year is the 100th Anniversary of WWI, and they are hoping to have a 50% increase in plantings this year, as well as new signage; stating that 85% of monies raised goes towards materials and services and that it is important to have Council support in order to maintain momentum for the project; and asking that Council continue its financial support by maintaining funding for the Veterans Memorial Parkway project at $50K per year until project completion in the Fall of 2017.   c)         Mike Laliberte, Co-Chair, OW/ODSP Advocates Network – providing the attached presentation.   d)         Diane Szoller, Chair, Advisory Committee on the Environment – providing the attached presentation.   e)         Sean Quigley, Executive Director, Emerging Leaders London Community Network – providing the attached presentation.   f)         Ron Koudys, Board President, The Grand Theatre – thanking London for its support to date and noting that the City of London has been a strong supporter of the Grand Theatre; noting that the grant from the Canadian Cultural Spaces Fund in the amount of $260K was sought for the purpose of safety and communications upgrades in order to ensure a safe workplace and is not related to the proposal for an expanded Grand Theatre as part of the Performing Arts Centre proposal; stating that the Grand Theatre would like to get an electronic display marquee like the London Convention Centre;  emphasizing that the $100K from the City is necessary to secure the grant from the Canadian Cultural Spaces Fund and must be received by September 2014; noting that the City’s contribution would represent 15% of the overall project value; stating that he sees this as good value for the City in order ensure a safe and sustainable facility.   g)         Hope Clark, African Community Council – providing the attached presentation.               (Secretary’s Note:  A copy of the “Community Conversation with London’s African Community”, as referenced in the presentation, is available for viewing in the City Clerk’s Office or online as an appendix to this Report.)   h)         V. Van Linden, Chair, Animal Welfare Advisory Committee – providing the attached presentation.   i)          Amir Eftekarpour, Vice President, Western University Students’ Council  - providing the attached presentation.   j)          George Wood, 907 Queensborough Court  - noting that his pension has been cut, leaving little money for day to day needs after he pays his mortgage and property taxes; stating that there are a lot of seniors in a similar position to his and they simply cannot keep up with increasing property taxes and utility bills.   k)         Gary Brown, 35A-59 Ridout Street – noting that in many North American cities, most recently New York City, they have made choices to put in bike lanes in a city which has limited space; stating that recent studies have indicated that pedestrian and bicycle traffic can mean a 49% increase in retail sales, so increasing pedestrian and bicycle traffic in London is important since there are many small business in London that would benefit; suggesting that an investment in cycling would assist the Mayor in his job creation goals; stating that the City of Mississauga is asking the Province of Ontario for 1% of the costs for its “Share the Road” initiative; suggesting that 78% of Ontarians would cycle if there was better cycling infrastructure; asking that the Municipal Council not cut the $200K for dedicated bicycle lanes as this is a good investment to secure more jobs, increase revenues and keep the best and the brightest people in London.   l)          Roy Wood, 51 Brentwood Crescent – noting that he likes to bike to work 8 months of the year and also does a lot of recreational biking; indicating he bikes with his son and this is a great bonding experience; expressing concern about biking in London for safety reasons; and noting that the local bike lanes are patchy---some work great, but there is a need to continue to invest in a bigger network.   m)       Anthea Rowe, 44 Kingsford Crescent – indicating that she would like the bike lane dollars kept in the 2014 Budget; noting the investment is key to safety in cycling; asking for more bicycle lanes; and stating there is a need to maintain the investment in order to be a progressive city.   n)         Yasmin, 50 Chapman Court – indicating she likes to use the bike paths, but they are not cleared year round; asking that the bike budget not be cut; and noting year round access to the paths is necessary for running errands.

IV.   COMMITTEE

OF THE WHOLE, IN CAMERA

Moved by Councillor D. Brown

Seconded by Councillor B. Polhill

approve that the Council rise and go into Committee of the Whole, in camera, for the purpose of considering the following:   a)            A matter pertaining to the purpose of instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition the disclosure of which could reasonably be expected to, prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the  Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition. (C1/5/CSC)   b)            A matter pertaining to litigation with respect to appeals to the Ontario Municipal Board by York Developments Inc., 1279059 Ontario Inc., CLF 1 (Wonderland Road) Inc., 1699259 Ontario Inc., E. and E. McLaughlin, and Lloyd Courtney, also known as the “York Developments Appeals”, relating to By-law No. C.P.-1284-(st)-331 to approve Official Plan Amendment 541, the Southwest Area Secondary Plan; and, advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with appeals to the Ontario Municipal Board by York Developments Inc., 1279059 Ontario Inc., CLF 1 (Wonderland Road) Inc., 1699259 Ontario Inc., E. and E. McLaughlin, and Lloyd Courtney, also known as the “York Developments Appeals”, relating to By-law No. C.P.-1284-(st)-331 to approve Official Plan Amendment 541, the Southwest Area Secondary Plan. (C1/2/PEC)   c)            (Added) A matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to a proposed acquisition the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to a proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning a proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the  Corporation or its competitive position; information concerning a proposed acquisition, the disclosure of which could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition regarding the Industrial Land Strategy.

Motion Passed

Motion Passed

VI.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE THIRD MEETING HELD ON JANUARY 14, 2014

Moved by Councillor J.L. Baechler

Seconded by Councillor P. Hubert

Approve the Minutes of the 3rd Meeting held on January 14, 2014.

Motion Passed

Motion Passed

VII.   COMMUNICATIONS

AND PETITIONS

Moved by Councillor B. Polhill

Seconded by Councillor M. Brown

Approve referral of the following communication as noted:

VIII.   MOTIONS OF

WHICH NOTICE IS GIVEN

IX.   REPORTS

Moved by Councillor S.E. White

Seconded by Councillor J.L. Baechler

Approve that pursuant to section to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration of clause 9 of the 2nd Report of Planning and Envirionment Committee at this time.

Motion Passed

Motion Passed

9.   Agreement with the

Province of Ontario to Participate in the Ontario Certified Site Program with the Ministry of Economic Development, Trade and Employment for 2575 Boyd Court, Innovation Park - Phase IV

That, on the recommendation of the Director of Intergovernmental and Community Liaison, the proposed by-law, included as Appendix A to the staff report dated January 21, 2014, BE INTRODUCED at the Municipal Council meeting of January 28, 2014 to:   a)         approve the agreement with Her Majesty the Queen in Right of Ontario, as represented by the Minister of Economic Development, Trade and Employment, for promotion of 2575 Boyd Court, Innovation Park, Phase IV, as an “Investment Ready: Certified Site”; and   b)         authorize the Mayor and the City Clerk to execute the Agreement in (a) above.

Moved by Councillor S. Orser

Seconded by Councillor H.L. Usher

Approve that clause 9 be amended to read as follows:   “That, on the recommendation of the Director of Intergovernmental and Community Liaison, the proposed by-law, included as Appendix “A” to the staff report dated January 21, 2014, with Pages 1, 18 and 20 of the original draft agreement being replaced by the attached revised Pages 1, 18 and 20, BE INTRODUCED at the Municipal Council meeting of January 28, 2014 to:   a)         approve the Agreement with Her Majesty the Queen in Right of Ontario, as represented by the Minister of Economic Development, Trade and Employment, for promotion of 2575 Boyd Court, Innovation Park, Phase IV, as an “Investment Ready: Certified Site”; and   b)         authorize the Mayor and the City Clerk to execute the Agreement in (a) above.”

Motion Passed

Motion Passed

Moved by Councillor J.P. Bryant

Seconded by Councillor S. Orser

Approve clause 9 as amended.

Motion Passed

Motion Passed

Moved by Councillor J.P. Bryant

Approve clauses 1 to 4, inclusive, and 6 to 8, inclusive.

10.   Property located at

122 Wortley Road (Z-8183)

Moved by Councillor S. Orser

Seconded by Councillor J.L. Baechler

Approve that pursuant to section to section 7.4 of the Council Procedure By-law, the order of business be changed to present the remaining clauses of the 2nd Report of the Planning and Environment Committee at this time.

Motion Passed

Motion Passed

3.   London Chamber of

Commerce - 2014 Budget

That the communication dated December 19, 2013, from G. Macartney, CEO, London Chamber of Commerce, offering the London Chamber of Commerce Board’s observations and recommendations regarding the 2014 Budget BE RECEIVED.

5.   Closing of Colborne

Street Diversion

That, on the recommendation of the Director of Roads and Transportation, the following actions be taken with respect to the Colborne Street diversion:   a)         the closing of the Colborne Street diversion and Colborne Street lying north of Huron Street on Registered Plan 402(C) BE APPROVED; and,   b)         the Civic Administration BE AUTHORIZED to initiate the process of legally closing the Colborne Street diversion and Colborne Street lying north of Huron Street on Registered Plan 402(C) as public highway and for the conveyance of any easements necessitated by the closing; it being noted that the closing will not be initiated until the City enters into a purchase and sale agreement for the road allowances.  (2014-T09)

6.   Closing of Hill

Street Boulevard

That, on the recommendation of the Director of Roads and Transportation, the following actions be taken with respect to the Hill Street boulevard:   a)                     the closing of a 6.140 metre wide by 59.131 metre long portion of the Hill   Street boulevard abutting 419 Hill Street BE APPROVED; and,   b)         the Civic Administration BE AUTHORIZED to initiate the process of legally closing the said portion of the Hill Street boulevard as public highway; it being noted that the closing will not be initiated until the City enters into a purchase and sale agreement for the closed road allowance.  (2014-709)

7.   Ban on Unsafe Rail

Tank Cars Carrying Hazardous Materials

That the Mayor BE REQUESTED to send a letter to Transport Canada; the United States Department of Transportation, Federal Railroad Administration; and the Federation of Canadian Municipalities, National Municipal Safety Rail Working Group expressing concerns with the shipping of highly volatile compounds through municipalities; indicating that products such as Bakken fracked oil carry highly volatile and explosive compounds in the DOT 111 that do not meet current industry safety standards; and further, that products such as Bakken crude should be considered a highly explosive product subject to the protocols for moving highly dangerous goods by rail.  (2014-P04)

8.   Fanshawe College

and Western University Representation on City of London Advisory Committees

That the following individuals from Fanshawe College and Western University BE APPOINTED to the specified Advisory Committees for the term ending February 28, 2015:   a)         Accessibility Advisory Committee (Non-Voting Post-Secondary Student):               -           Sabrina Dent (Fanshawe College)   b)         Advisory Committee on the Environment (Non-Voting Post-Secondary Student):               -           Keir Jack (Fanshawe College)   c)         Creative City Committee (Non-Voting Post-Secondary Student):               -           Allayna Eizenga (Fanshawe College)   d)         London Housing Advisory Committee (Non-Voting Post-Secondary Student):               -           Alan Bushell (Fanshawe College)   e)         Community Safety and Crime Prevention Advisory Committee (Non-Voting Post-Secondary Student):               -           Richard Sookraj (Western University)   f)          Transportation Advisory Committee (Non-Voting Post-Secondary Student):               -           Amir Eftekarpour (Western University)

13.   1st Report of the

Agricultural Advisory Committee

That, the following actions be taken with respect to the 1st Report of the Agricultural Advisory Committee (AAC) from its meeting held on December 18, 2013:   a)         the City of London, Dillon Consulting and the Ontario Ministry of Transportation BE ADVISED that the Agricultural Advisory Committee’s (AAC) preferred alternate route for agriculture includes maintaining and improving the 401 overpass on Glanworth Road; it being noted that the AAC heard a verbal delegation and received a communication on the Public Information Centre 2 held on November 13, 2013, from K. Grabowski, Transportation Design Engineer, with respect to the highway 401 and 4 (Colonel Talbot Road) interchange improvements preliminary design, initial detailed design and Class Environmental Assessment; and,   b)         clauses 2 to 7, inclusive, of the 1st Report of the AAC BE RECEIVED.

14.   Trees on Private

Property

That the communication, dated December 13, 2013, from Councillor D. Brown, with respect to trees on private property BE REFERRED to the Civic Administration for review and to report back to a future meeting of the Planning and Environment Committee.   (2013-E04)

15.   Infill

That, the following actions be taken with respect to Civic Administration’s procedures relating to infill:   a)         the Civic Administration BE REQUESTED to mitigate the public’s concerns by engaging area residents earlier in the process;   b)         the Civic Administration BE REQUESTED to enhance the process; it being noted that the approach taken for greenfield initiatives and the approach taken for infill development should be different; and,   c)         the Civic Administration BE REQUESTED to include a business case as part of 2014 Budget deliberations, with respect to this matter.

Moved by Councillor J.L. Baechler

Seconded by Councillor S. Orser

Approve that clause 3 part a) be amended by deleting the words “next Planning and Environment Committee meeting” and by replacing them with the words: “Strategic Priorities and Policy Committee meeting being held on January 30, 2014”.

Motion Passed

Motion Passed

Moved by Councillor J.L. Baechler

Seconded by Councillor S. Orser

Approve that clause 3 part a) be amended by deleting the words “next Planning and Environment Committee meeting” and by replacing them with the words: “Strategic Priorities and Policy Committee meeting being held on January 30, 2014”.

Motion Passed

Motion Passed

11.   Properties located

at 1607, 1609, 1611, 1615, 1619, 1623, 1627, 1631, 1635, 1639, 1643, 1649 and 1653 Richmond Street (OZ-7965)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of the City of London, relating to the properties located on the west side of Richmond Street between Hillview Boulevard and Shavian Boulevard including 1607, 1609, 1611, 1615, 1619, 1623, 1627, 1631, 1635, 1639, 1643, 1649 and 1653 Richmond Street:   a)         the proposed by-law, as appended to the staff report dated January 21, 2014, BE INTRODUCED at the Municipal Council meeting to be held on January 28, 2014, to amend the Official Plan to  change the designation of the subject lands FROM a Low Density Residential designation TO a Multi-Family, Medium Density Residential designation, to permit the development of multiple-attached dwellings such as row houses or cluster houses, low-rise apartment buildings, small-scale nursing homes, rest homes, homes for the aged and a convenience commercial component within an apartment building;   b)         the proposed by-law, as appended to the staff report dated January 21, 2014, BE INTRODUCED at the Municipal Council meeting to be held on January 28, 2014 to amend the Official Plan by adding a new special policy to Section 3.5 (Policies for Specific Areas) to guide the future development of the subject properties;   c)         pursuant to Section 19.2 of the Official Plan, the Richmond Street-Old Masonville Master Plan and Urban Design Guidelines, as appended as Appendix “C” to the staff report dated January 21, 2014,  BE ADOPTED at the Municipal Council meeting to be held on January 28, 2014;   d)         pursuant to Section 19.2.2 of the Official Plan, the proposed by-law, as appended to the staff report dated January 21, 2014,  BE INTRODUCED at the Municipal Council meeting on January 28, 2014, to amend the Official Plan by adding the Richmond Street-Old Masonville Master Plan and Urban Design Guidelines to the list of Council approved guideline documents;   e)            the proposed by-law, as appended to the staff report dated January 21, 2014, BE INTRODUCED at the Municipal Council meeting to be held on January 28, 2014, to amend Zoning By-law Z.-1, (in conformity with the Official Plan, as amended in clause a), above), to change the zoning of the properties located at 1607, 1609 and 1611 Richmond Street FROM a Holding Residential R5 Special Provision/Residential R6 Special Provision (h-5-R5-2(12)/R6-4(14)) Zone, which permits cluster single detached dwellings, cluster semi-detached dwellings, cluster duplex dwellings, and cluster townhouse dwellings subject to a special zoning provision which regulates the minimum lot area (0.6 ha.), minimum lot frontage (70m), maximum lot coverage (35%), maximum density (30 units per hectare), maximum height (10.5m), minimum front yard setback (3m), minimum rear yard setback (7.5m) and restrictions on the location of parking areas subject to a holding provision requiring a public site plan review of the proposed development prior to the removal of the holding provision TO a Holding Residential R5 Special Provision (h-5-h-()-h-(**)-R5-2()) Zone, to permit cluster townhouses and cluster stacked townhouses with a special zoning provision which includes a minimum lot frontage (70m), minimum lot area (0.4 ha.), maximum front yard depth (3m), minimum rear yard and south interior side yard depth (15m), maximum lot coverage (35%), maximum density (45 units per hectare), maximum number of bedrooms per dwelling unit (3) and maximum height (12.0m on the eastern portion and 9.5m on the western and southern portions) subject to holding provisions which will require a public site plan review, ensure that future development is consistent with the Richmond Street-Old Masonville Master Plan and Urban Design Guidelines and ensure that a storm/drainage and stormwater management (SWM) servicing design report has been prepared and accepted to ensure that future development has the sufficient storm outlet and SWM servicing;   f)             the proposed by-law, as appended to the staff report dated January 21, 2014, BE INTRODUCED at the Municipal Council meeting to be held on January 28, 2014 to amend Zoning By-law Z.-1 in conformity with the Official Plan, as amended in clause (a) above, to change the zoning of the properties located at 1615, 1619, 1623 and 1627 Richmond Street FROM a Holding Residential R5 Special Provision/Residential R6 Special Provision (h-5-R5-2(12)/R6-4(14)) Zone, which permits the above listed uses, subject to the above listed special zoning regulations, and subject to the above listed holding provision TO a Holding Residential R9 Special Provision (h-5-h-()-h-()-R9-7()) Zone, to permit cluster townhouses, apartment buildings, senior citizen apartment buildings, and continuum of care facilities with a special zoning provision which includes a minimum lot frontage (70m), minimum lot area (0.6 ha.), maximum front yard depth (3m), minimum rear yard depth (15m), maximum lot coverage (40%), maximum density (150 units per hectare), maximum number of bedrooms per dwelling unit (3) and maximum height (15.0m on the eastern portion and 9.5m on the western portion) subject to holding provisions which will require a public site plan review, ensure that future development is consistent with the Richmond Street-Old Masonville Master Plan and Urban Design Guidelines and ensure that a storm/drainage and stormwater management (SWM) servicing design report has been prepared and accepted to ensure that future development has the sufficient storm outlet and SWM servicing;   g)         the proposed by-law, as appended to the staff report dated January 21, 2014, BE INTRODUCED at the Municipal Council meeting to be held on January 28, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a), above), to change the zoning of the properties located at 1631, 1635 and 1639 Richmond Street FROM a Holding Residential R5 Special Provision/Residential R6 Special Provision (h-5-R5-2(12)/R6-4(14)) Zone, which permits the above listed uses, subject to the above listed special zoning regulations, and subject to the above listed holding provision (1631 and 1635 Richmond Street) AND a Residential R5 Special Provision/Residential R6 Special Provision (R5-2(12)/R6-4(14)) Zone, which permits the above listed uses and subject to the above listed special zoning regulations (1639 Richmond Street) TO a Holding Residential R9 Special Provision/Convenience Commercial Special Provision (h-5-h-()-R9-7(**)/CC4()) Zone, to permit cluster townhouses, apartment buildings, senior citizen apartment buildings, and continuum of care facilities in the R9-7(**) Zone, with a special zoning provision which includes a minimum lot frontage (70m), minimum lot area (0.6 ha.), maximum front yard depth (3m), minimum interior side yard depths (3m), minimum rear yard depth (15m), maximum lot coverage (45%), maximum density (200 units per hectare), maximum number of bedrooms per dwelling unit (3), maximum height (20.0m on the eastern portion and 9.5m on the western portion) and to permit convenience service establishments, convenience stores, financial institutions, personal service establishments and take out restaurants in the CC4() Zone with a special zoning provision which includes a maximum gross floor area for convenience commercial uses (200.0m2) and no additional parking requirements for commercial uses subject to holding provisions which will require a public site plan review and ensure that future development is consistent with the Richmond Street-Old Masonville Master Plan and Urban Design Guidelines;   h)         the proposed by-law, as appended to the staff report dated January 21, 2014, BE INTRODUCED at the Municipal Council meeting to be held on January 28, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a), above), to change the zoning of the properties located at 1643, 1649 and 1653 Richmond Street FROM a Holding Residential R5 Special Provision/Residential R6 Special Provision (h-5-R5-2(12)/R6-4(14)) Zone, which permits the above listed uses, subject to the above listed special zoning regulations, and subject to the above listed holding provision TO a Holding Residential R9 Special Provision (h-5-h-()-h-55-R9-7(*)) Zone, to permit cluster townhouses, apartment buildings, senior citizen apartment buildings, and continuum of care facilities with a special zoning provision which includes a minimum lot frontage (70m), minimum lot area (0.6 ha.), maximum front yard depth (3m), minimum interior side yard depths (3m), minimum rear yard depth (15m), maximum lot coverage (45%), maximum density (200 units per hectare), maximum number of bedrooms per dwelling unit (3), maximum height (20.0m on the eastern portion and 9.5m on the western portion) subject to holding provisions which will require a public site plan review, ensure that future development is consistent with the Richmond Street-Old Masonville Master Plan and Urban Design Guidelines and require the completion of a traffic impact study prior to site plan approval to determine the location and number of access points, the traffic impact on surrounding roads and the roadway improvements required to accommodate this development; and,   i)             the Site Plan Approval Authority BE REQUESTED to consider, through the site plan approval process, that development of the properties located at 1631, 1635 and 1639 Richmond Street be consistent with the Site Plan and Elevation Drawings, as appended as Appendix “I” to the staff report dated January 21, 2014;   it being noted that the Planning and Environment Committee reviewed and received the following communications, with respect to this matter;   -                     a communication dated January 6, 2014, from B. McCall, Middlesex-London Health Unit; -                     a communication dated January 14, 2013, from B. Davis, President, Old Masonville Ratepayers’ Association; -                     a communication dated January 16, 2014, from F. Metwaly, 1631, 1635 and 1639 Richmond Street; and, -                     a communication dated January 16, 2014, from A.N. Circelli, Circelli Law;   it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:   -                     Laverne Kirkness, Kirkness Planning Consultants, on behalf of Dr. R. Lubell and Dr. P. Debellis – advising that his clients are located at 101 Fanshawe Park Road, in the “L” shaped plaza; indicating that his clients have 2,000 square feet of space and are overcrowded; indicating that they have purchased the property located at 1653 Richmond Street, which is the most northerly of the thirteen properties that are part of this site; noting that this property is located on the corner of Hillview Boulevard and Richmond Street, in the southwest corner of the intersection; indicating that the property currently has a large, single-family bungalow on it; indicating that his clients purchased this property with the intent of building a medical/dental office on it of approximately 4,000 square feet; advising that his clients have been following the Richmond Street-Old Masonville Master Plan and Urban Design Guidelines and have been trying to follow and work in the same direction as it is; advising that they have a new architect and, in the last ten days, they are really following the Guidelines; showing the design the new architect is proposing; indicating that they have applications for an Official Plan, to change this site, to multi-family, medium density residential, the same as what the Civic Administration is proposing and what the Master Plan is recommending; reiterating that they have an application in before the City to rezone the lands to permit an apartment/office building to contain the medical/dental office; advising that those applications and the supporting material, the Planning Justification report and the Urban Design Guidelines, were put in around December 30 so that they could save $4,500 on application fees; [Secretary’s Note:  Mr. Kirkness was interrupted as the Committee is not dealing with these applications]; advising that they are here to support, in general, what the Civic Administration is recommending, with some qualification; indicating that the Committee needs to know his background in order to understand why they are seeking the qualification to it; reiterating that the applications are before the City; noting that the staff has hardly had a chance to look at them, but they have been declared complete; advising that the Civic Administration has asked for two more things; noting that they have changed architects and brought a new design to the table that is very new, but you should know about it as part and parcel of what the Committee is approving because the plan you are approving is one of the most imposing and prescriptive plans that you have ever seen come out of this City Planning Division; indicating that it is not very business friendly because it is not very flexible; indicating that he is here to ask for some flexibility; recognizing that the staff have worked on this for a long time and it is generally going in the right direction from all that Planners and planning know about in how to plan cities; indicating that there is no question about that and that is why they are here to generally support it; reiterating that they are asking for more flexibility; showing the most recent design; indicating that, if you look at the top portion of the slide, Hillview Boulevard runs across the north and Richmond Street down the left, the building they have is put at the front of the site; noting that this respects Urban Design principles and the Master Plan Urban Design Guidelines; indicating that the parking is in the rear and there are two accesses to Hillview Boulevard; noting that there is no access to Richmond Street; indicating that there is another, almost five metre dedication, of road being taken from the front of this property as well; indicating that there is also underground parking; explaining that, in the rendered elevations, the one on the left is from the intersection and you can see that the front doors are at the front of the building; noting that you can see the variation in the façade and the texture; [Secretary’s Note:  Mr. Kirkness was interrupted as the Committee is not dealing with these applications]; indicating that the last feature is that it is also expandable to the south; indicating that what they are asking for, to offset some of that inflexibility, is to ask the Committee to change the Official Plan, just tweak it a little bit; noting that they are not requesting changes to the zoning, as they will pay attention to those details when their application comes forth in two or three months; advising that they have a lot of work to do in terms of appearing before the Urban Design Peer Review Panel, which they hope to do on February 19, 2014; hoping to have their open information session a week later with the community residents; reiterating that the zoning can be left; indicating that, in terms of the flexibility of the policy framework, they are asking the Committee to ask the Staff to introduce the notions of permitting greater flexibility on land use at the corner of Hillview and Richmond, (1653 Richmond Street), specifically medical/dental on the ground floor, if you want to confine it to that, which is sufficient for the client; advising that, what this does, is recognize that this corner property is, by far, the most impacted of all of the 13 properties; noting that you have high intense commercial to the north with TD Canada Trust, a number of restaurants, a gas bar, the major shopping centre to the east; indicating that this property is trying to work with that and at the same time be sensitive to the future multi-family residential to the south and the existing, very stable, residential to the west; enquiring as to what better could you have than a medical office that is a ground floor transitional use in that location on that intersection, with apartments above; advising that they have shown, in their planning, that they can expand the underground parking, they can expand this building to the south and you do not need to, in the name of comprehensive development, have 70m lot sizes; in other words, somebody has to acquire all three properties northerly (three properties) in order to develop them; indicating that they have shown the Committee how they can develop 20m of the 70m in a comprehensive fashion and be able to expand it to the south with development that is similar, or at least, complimentary; reiterating that those two points are all that they are asking for; advising that he can work with staff between now and the Municipal Council meeting to introduce that into the policy framework if you would direct that to happen; noting that otherwise they are faced with having to be against this until their application comes forth so that they are then seeking modifications to it; indicating that they do not think that this change is huge nor requires any future public notice; advising that it is tweaking the policy framework that the staff has brought in front of you; advising that it is recognizing that the corner and the transitional nature of that 1653 Richmond Street site; advising that that is what these doctors would really appreciate, that are long established in the area and serving in the area and want to remain in the area, but in a better facility to offer their patients.   (see attached presentation). -                     Clint Wilson, 45 Cherokee Road – indicating that his property is directly behind the proposed tweaking; advising that there are a lot of mature trees on the property that would be directly affected by the proposed decrease in setback; and, advising that he is in favour of the proposal to increase the setback to 15m. -                     Bill Davis, President, Old Masonville Ratepayers’ Association – indicating that some of the key principles from 2004 was the 70m of frontage that would enable it to be developed in four parcels; noting that what is in front of the Committee today is a slightly different zoning for those four parcels; indicating that 7.5m is what they had agreed to in 2004; noting that it has now gone up to 15m; advising that when they agreed to the 7.5m, they did not realize that all of the mature trees would have to come out; noting that the 15m allows all of the mature trees to remain, which is important to them; expressing sympathy to someone buying this property and not being aware of the zoning; however, it is what it is; and, encouraging the Committee to approve what is before it tonight and if another rezoning application comes forward in two months they will deal with that at the time.   (2014-D14A)

Motion Passed

Motion Passed

12.   1st and 2nd Reports

of the Advisory Committee on the Environment

That, the following actions be taken with respect to 1st and 2nd Reports of the Advisory Committee on the Environment (ACE), from its meetings held on December 11, 2013 and January 8, 2014, respectively:   a)         the Civic Administration BE REQUESTED to review the presentation from M. Piggott, Member Services Coordinator, Waterloo Community CarShare, with respect to a proposal to introduce an environmentally friendly CarShare Program in London;   b)         clauses 2 to 10, inclusive, of 1st Report of the ACE BE RECEIVED; and,   c)         clauses 1 to 5, inclusive, of the 2nd Report of the ACE BE RECEIVED.

Motion Passed

Motion Passed

Moved by Councillor M. Brown Approve clauses 1

4.   Downtown London -

2014 Budget

That the attached communication dated January 6, 2014 from R.T. Usher, Chair, London Downtown Business Association and J. MacDonald, Executive Director, Downtown London, requesting that the funding for Downtown London not be eliminated, BE RECEIVED.

Motion made by Councillor B. Polhill and seconded by Councillor S.E. White to Approve that clause 1, be amended by replacing part 1 b) with the following new part 1 b):               “b)        That Councillor S.E. White disclosed a pecuniary interest in clause 2c) having to do with OW/ODSP Advocates Network by indicating that she is employed by CMHA/WOTCH.”

Motion Passed

Motion Passed

Motion Passed

Motion Passed

Moved by Councillor D. Brown

Seconded by Councillor B. Polhill

Approve that, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:   That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, with the concurrence of the Managing Director, Environmental and Engineering Services and City Engineer, on the advice of the Manager of Realty Services, with respect to the property at 3405 Scotland Drive, the following actions be taken:   a)         the offer submitted by Walter Melnyk and Jenny Marie Melnyk to sell to the City land municipally known as 3405 Scotland Drive, located on the south side of Scotland Drive west of White Oak Road, described as Part of Lot 18, Concession 6, containing an area of approximately 10 acres, for the purpose of buffering the City’s W12A landfill site, BE ACCEPTED for the sum of $900,000.00, subject to the following conditions:   i)          the City agreeing to pay the Vendors’ reasonable legal fees, including fees, disbursements and applicable taxes, to complete this transaction, subject to assessment;   ii)         the City agreeing to licencing the easterly portion of the property, including storage sheds, back to the Vendors for a period of (5) five years, at an annual consideration of $4,000; and             b)         the financing for this acquisition BE APPROVED as set out in the   Source of Financing Report attached hereto as Appendix “A”.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor J.L. Baechler

Approve that part c) of clause 12 of the 2nd Report of the Planning and Environment Committee be reconsidered to correct a voting error.

Motion Passed

Motion Passed

Moved by Councillor J.L. Baechler

Seconded by Councillor B. Polhill

Approve part c) of clause 12 of the 2nd Report of the Planning and Environment Committee.

Motion Passed

Motion Passed

X.   DEFERRED

MATTERS

XII.   EMERGENT

MOTIONS

XIII.   BY-LAWS

BY-LAWS TO BE READ A FIRST, SECOND AND THIRD TIME:

Moved by Councillor D. Brown

Seconded by Councillor P. Van Meerbergen

Approve Introduction and First Reading of Bill No.s 71 to 85, inclusive and Bill No.s 88 to 93, inclusive.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor H.L. Usher

Approve Second Reading of Bill No.s 71 to 85, inclusive and Bill No.s 88 to 93, inclusive.

Motion Passed

Motion Passed

Moved by Councillor N. Branscombe

Seconded by Councillor P. Van Meerbergen

Approve Third Reading and Enactment of Bill No.s 71 to 85, inclusive and Bill No.s 88 to 93, inclusive.

Motion Passed

Motion Passed

Moved by Councillor D. Brown

Seconded by Councillor P. Van Meerbergen

Approve Introduction and First Reading of Bill No. 86.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor H.L. Usher

Approve Second Reading of Bill No. 86.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor D. Brown

Approve Third Reading and Enactment of Bill No. 86.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor P. Van Meerbergen

Approve Introduction and First Reading of Bill No. 87.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor P. Hubert

Approve Second Reading of Bill No. 87.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor J.L. Baechler

Approve Third Reading and Enactment of Bill No. 87.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT