June 23, 2016, at 4:02 PM

Original link

The Council meets in Regular Session in the Council Chambers this day at 4:02 PM.

I.   DISCLOSURES

OF PECUNIARY INTEREST

Councillor P. Hubert discloses a pecuniary interest in clause C-1 of the 8th Report of the Community and Protective Services Committee, having to do with instructions and directions to officers and employees of the Corporation pertaining to a lease of office space, by indicating that his employer has a purchase of service contract related to this matter.  Councillor P. Hubert further indicates that his previous disclosure noted in clause 1 b) of the 11th Report of the Planning and Environment Committee, having to do with the submission of MHBC Planning Urban Design and Landscape Architecture with respect to 205 Horton Street East and 204 Simcoe Street, is not applicable following review of the Municipal Conflict of Interest Act.    Mayor M. Brown discloses a pecuniary interest in clause C-6 of the 15th Report of the Corporate Services Committee, having to do with advice that is subject to solicitor-client privilege, including communications necessary for that purpose, as it relates to a potential request of the Integrity Commissioner, as well as Communication #5, having to do with the Report of the Integrity Commissioner related to the Code of Conduct: Mayor Matt Brown and Deputy Mayor Maureen Cassidy, by indicating he is named in both matters.   Councillor T. Park notes that she had previously indicated a pecuniary interest related to clause 2 of the 11th Report of the Planning and Environment Committee, having to do with policies contained in the London Plan, but further review of the Municipal Conflict of Interest Act has satisfied her that she does not have a pecuniary interest.    Councillor S. Turner discloses a pecuniary interest in clause 17 of the 8th Report of the Community and Protective Services Committees, having to do with proposed new categories and licensing regulations, by indicating that several regimes involve his employer the Middlesex-London Health Unit.  Councillor S. Turner further discloses a pecuniary interest in Communication #1 f), having to do with the London Plan, as the communication was submitted by his employer, the Middlesex-London Health Unit.   Councillor M. Salih discloses a pecuniary interest in the emergent motion having to do with the reconsideration of the motion related to the London Psychiatric Hospital Lands and the Southwest Area Secondary Plans, by indicating that an affected property is owned by the Department of National Defence, which is his employer.

II.   RECOGNITIONS

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.   2015 Financial

Audit

That the following actions be taken with respect to the 2015 Financial Audit and Audit Findings Report 2015, as prepared by KPMG:   a)         the 2015 Financial Report of The Corporation of the City of London BE RECEIVED; and   b)         the Audit Findings Report for the year ending December 31, 2015 BE RECEIVED, including the attached revised pages 4 and 15 and Appendices I and II;   it being noted that the Audit Committee received the attached presentation from the Director, Financial Services and a verbal presentation from KPMG with respect to these matters.

3.   London Downtown

Closed Circuit Television Program - Report on Specified Auditing Procedures

That the KPMG Report on Specified Auditing Procedures for the London Downtown Closed Circuit Television Program, dated March 31, 2016, BE RECEIVED.

III.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

IV.   COUNCIL, IN

CLOSED SESSION

MOTION FOR IN CAMERA SESSION

Moved by Councillor V. Ridley

Seconded by Councillor P. Hubert

Approve an amendment to in camera matter part f) so that it now reads as follows:   f)        A matter pertaining to personal matters about identifiable individuals and labour relations and advice subject to solicitor-client privilege, including advice from officers and employees of the Corporation and communications necessary for that purpose, and for the purpose of providing directions and instructions to officers and employees of the Corporation,  relating to a potential request for Inquiry by the Integrity Commissioner and the Integrity Commissioner Report dated June 21, 2016.

Motion Passed

Motion Passed

Moved by Councillor A. Hopkins

Seconded by Councillor B. Armstrong

Approve that Council rise and go into Council, in closed session, for the purpose of considering the following

Motion Passed

Motion Passed

The Council rises and goes into Council, in closed session, at 4:18 PM, with Mayor M. Brown in the Chair and all Members present except Councillors M. Cassidy and J. Zaifman.

V.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE FOURTEENTH MEETING HELD ON JUNE 14, 2016

Moved by Councillor J. Helmer

Seconded by Councillor S. Turner

Approve the Minutes of the Fourteenth Meeting, held on June 14, 2016.

Motion Passed

Motion Passed

VI.   COMMUNICATIONS AND PETITIONS (continued)

4.   Consultant Contract

Award and Payment Reporting Processes

That the following actions be taken with respect to the communication from PricewaterhouseCoopers LLP, dated June 21, 2016, with respect to consultant contract award and payment reporting processes:   a)         the above-noted communication BE RECEIVED; and,   b)         the Civic Administration BE DIRECTED to report back with respect to the recommendations and related action plans, as noted in the above-noted communication.

VII.   MOTIONS OF

WHICH NOTICE IS GIVEN

Moved by Councillor P. Hubert

Seconded by Councillor H.L. Usher

Approve that pursuant to section 6.4 of the Council Procedure By-law, the order of business be changed to permit the consideration of Motions of Which Notice is Given, following the presentation of the Report of the Council, in camera.

Motion Failed

Motion Failed

VIII.   REPORTS

IX.   ADDED

REPORTS

Moved by Councillor J. Morgan

Approve clauses 1 to 8, excluding clause 6.

5.   (ADDED) G.F.

Stewart, Integrity Commissioner, City of London - Report to City Council - Code of Conduct: Mayor Matt Brown and Deputy Mayor Maureen Cassidy

Moved by Councillor P. Squire

Seconded by Councillor H.L. Usher

Approve that the following actions be taken with respect to the Report of the Integrity Commissioner entitled “Report to City Council – Code of Conduct:  Mayor Matt Brown and Deputy Mayor Maureen Cassidy”, dated June 21, 2016”:   a)         the above-noted report BE RECEIVED;   b)         the findings of the Integrity Commissioner that Mayor Brown and Deputy Mayor Cassidy have contravened sections 2.4, 5.1 and 5.2(e) of the Code of Conduct for Members of Council as outlined in the report BE ADOPTED; and,   c)         Mayor Brown and Councillor Cassidy BE REPRIMANDED for their contravention of sections 2.4, 5.1 and 5.2 (e) of the Code of Conduct for Members of Council.

At 10:35 Councillor P. Hubert places Councillor J. Morgan in the Chair and takes a seat at the Council board.   At 10:41 PM Councillor P. Hubert resumes the Chair and Councillor J. Morgan takes his seat at the Council board.

Motion Passed

Motion Passed

7.   Amendment to the

Fireworks By-law (Relates to hill No. 245)

That, on the recommendation of the Fire Chief and with the concurrence of Managing Director of Neighbourhood, Children and Fire Services, the proposed by-law as appended to the staff report dated June 21, 2016 BE INTRODUCED at the Municipal Council meeting to be held on June 23, 2016, to amend the Fireworks By-law (PW-11).  (2016-C01A)

8.   Purchase of Service

Agreement - Addiction Services of Thames Valley to Deliver Addiction Services (Relates to Bill No. 236)

That, on the recommendation of the Managing Director, Housing, Social Services and Dearness Home, the by-law as appended to the staff report dated June 21, 2016 BE INTRODUCED at the Municipal Council meeting to be held on June 23, 2016 to:   a)         approve a Purchase of Service Agreement between the Corporation of the City of London and Addiction Services of Thames Valley;   b)         authorize the Mayor and the City Clerk to execute the above-noted Agreement; and,   c)         delegate to the Managing Director, Housing, Social Services and Dearness Home, or designate, the authority to act as the City’s representative with respect to the Agreement.  (2016-F17)

6.   Request for Inquiry

by the Integrity Commissioner

That the communication dated June 16, 2016, from Councillor J. Morgan, regarding a potential request for the Integrity Commissioner to consider conducting an inquiry related to a matter made public by Mayor M. Brown and Councillor M. Cassidy on June 14, 2016, BE RECEIVED.

Motion Passed

Motion Passed

9.   Amendment to

Purchase of Service Agreement - Ontario Works Employment Assistance Services  (Relates to Bill No. 237)

That, on the recommendation of the Managing Director, Housing, Social Services and Dearness Home, the by-law as appended to the staff report dated June 21, 2016 BE INTRODUCED at the Municipal Council meeting to be held on June 23, 2016 to:   a)         approve the amending Agreement to the Agreement to the Employment Assistance Services Agreement with Goodwill Industries, Ontario Great Lakes; and,   b)         authorize the Mayor and the City Clerk to execute the amending Agreement. (2016-S04)

10.   Amendment to PH-7

Dogs Off Leash Area By-Law (Relates to Bill No. 244)

That, on the recommendation of the Managing Director of Planning and City Planner, the by-law as appended to the staff report dated June 21, 2016 BE INTRODUCED at the Municipal Council meeting to be held on June 23, 2016, to repeal and replace Schedule “A” of By-law No. PH-7 entitled, “Dogs Off-Leash Areas By-law”.  (2016-R04)

11.   Extension of Hours

for Amplified Sound at Country Music Week (Relates to bill No. 238)

That, on the recommendation of the Managing Director of Parks and Recreation, the by-law as appended to the staff report dated June 21, 2016, BE INTRODUCED at the Municipal Council meeting to be held on June 23, 2016, to amend section 13 of the Noise Policy of 2016 Special Events Policies and Procedures Manual, to extend the hours (from 11:00 p.m. to 1:00 a.m.) for sound arising from the outdoor stage on Talbot Street between King Street and Dundas Street during the 2016 Country Music Week on September 8, 9, 10, 2016; and,   it being noted that there is a pararell process in progress for the proposed Music, Entertainment  and Cultural District and that the public are encouraged to send comments and concerns regarding that matter to C. Parker, Senior Planner, for consideration;   it being further noted that the Community and Protective Services Committee received a communication dated May 31, 2016, from D. Lucy, 77 King Street, with respect to this matter;   it being pointed out that at the public participation meeting associated with this matter, the individuals indicated in the attached public participation meeting record made oral submissions in connection herewith.  (2016-M02)

12.   3rd Report of the

Community Safety and Crime Prevention Advisory Committee

That the following actions be taken with respect to the 3rd Report of the Community Safety and Crime Prevention Advisory Committee from its meeting held on May 26, 2016:   a)         the Community Safety and Crime Prevention Advisory Committee (CSCP) BE ADVISED as to the lack of approval related to the request for the CSCP Chair to write letters to various organizations relating to Community Resources Officers, the Children’s Safety Village and Crossing Guards; it being noted that the CSCP reviewed the Municipal Council resolution from its session held on April 5, 2016, with respect to the 2nd Report of the CSCP from its meeting held on February 25, 2016, with respect to this matter;   b)         the Civic Administration BE REQUESTED to provide a presentation to the Community Safety and Crime Prevention Advisory Committee (CSCP) with respect to the Pedestrian Crossover Program; it being noted that the CSCP reviewed the Municipal Council resolution from its session held on May 3, 2016, with respect to this matter;     c)         N. Garrison BE INVITED to the next meeting of the Community Safety and Crime Prevention Advisory Committee (CSCP) to discuss “Defining and Applying Diversity: ‘Gender Lens’”; it being noted that the CSPC reviewed the Municipal Council resolution from its session held on May 3, 2016, with respect to this matter;   d)         the London Police Services BE REQUESTED at attend a future meeting of the Community Safety and Crime Prevention Advisory Committee (CSCP) to provide and discuss the statistics in relation to cars passing buses when the lights are flashing; it being noted that the CSCP received a communication from C. Mainland and R. Glenn, by e-mail, with respect to student safety concerns on Highbury Avenue; and,   e)         clauses 1, 2, 5 and 8 to 11, BE RECEIVED.

13.   5th Report of the

Accessibility Advisory Committee

That the following actions be taken with respect to the 5th Report of the Accessibility Advisory Committee from its meeting held on May 26, 2016:   a)         C. Smith, Acting Director of Community and Economic Innovation, BE REQUESTED to attend the next Policy Sub-Committee meeting to discuss the Community Diversity and Inclusion Strategy; it being noted that the Accessibility Advisory Committee was unable to accommodate the verbal delegation from C. Smith, Acting Director of Community and Economic Innovation and A. Zuidema, City Manager, with respect to this matter;   b)         the Civic Administration BE REQUESTED to provide a presentation to the next Accessibility Advisory Committee (ACCAC) meeting with respect to the Pedestrian Crossover Program; it being noted that the ACCAC reviewed the Municipal Council resolution adopted at its session held on May 3, 2016 with respect to this matter;   c)         the following actions be taken with respect to the Trails Focus Group update:   i)          the Guidelines for Management Zones and Trails in Environmentally Significant Areas, 2016 document BE AMENDED in Section 7.1.1 to replace the sentence at the end of the second paragraph with the following two sentences: “The Design of Public Spaces Standard (Ontario Reg 191/11) (“the Standard”) recognizes that there can be exceptional conditions where the need to provide accessible trails may need to be balanced with other legitimate concerns.  In such instances, the City is expected to meet the requirements of the Standard to the greatest extent possible”;   ii)         all references to Level 1 trail widths being 0.5 to 1.5 metres BE AMENDED to read 1.0 to 1.5 metres; and,   iii)         the Civic Administration BE ADVISED that the Accessibility Advisory Committee endorses the Guidelines for Management Zones and Trails in Environmentally Significant Areas, 2016 pending the completion of the proposed amendments noted in parts a) and b) above; it being noted that the Accessibility Advisory Committee received heard a verbal presentation and received the attached communication from the Illustrated Technical Guide to the Accessibility Standard for the Design of Public Spaces from L. McDougall, Ecologist Planner, with respect to this matter; and,   d)         clauses 1, 2, 4 to 8, 10 to 12 and 14 and 15, BE RECEIVED.

14.   7th Report of the

Animal Welfare Advisory Committee

That the following actions be taken with respect to the 7th Report of the Animal Welfare Advisory Committee from its meeting held on June 2, 2016:   a)         it BE NOTED that the Wildlife Sub-committee will work in conjunction with the Civic Administration to develop a strategy to address concerns with Canada Geese in Springbank Park and further that the development of the above-noted strategy BE ADDED to the 2016 AWAC work plan; it being noted that a verbal presentation from S. Stafford, Division Manager, Parks and Community Sports with respect to this matter, was received;   b)         the Civic Administration BE REQUESTED to include the Animal Welfare Advisory Committee (AWAC) in all communications with respect to the Springbank Dam in order for the AWAC to prepare and provide input related to animal welfare and urban wildlife, and that this matter BE ADDED to the 2016 AWAC work plan for approval;   c)         it BE NOTED that the Wildlife Sub-committee will work in conjunction with the Civic Administration in the development of a strategy, policy and/or by-law to address the feeding of wildlife and that this matter BE ADDED to the 2016 Animal Welfare Advisory Committee work plan; it being noted that a communication dated May 6, 2016, from S. Coppins with respect to this matter, was received;   d)         the attached revised 2016 Work Plan for the Animal Welfare Advisory Committee BE APPROVED; and,   e)         clauses 1 and 3 to 10, BE RECEIVED.

15.   6th Report of the

London Housing Advisory Committee

That the following actions be taken with respect to the 6th Report of the London Housing Advisory Committee from its meeting held on June 8, 2016:   a)         the Civic Administration BE INVITED to the December 2016, London Housing Advisory Committee (LHAC) meeting to provide an update on the anticipated fall arrival of additional Syrian refugees; it being noted that the LHAC heard a verbal presentation from J. Tansley, Specialist, Immigration, Housing, Social Services and Dearness Home, with respect to the community response to the Syrian refugees currently residing in London;   b)         A. Galloway BE REQUESTED to attend the Planning and Environment Committee Public Participation Meeting with respect to the Blackfriars/Petersville Area on behalf of the London Housing Advisory Committee; it being noted that the London Housing Advisory Committee received a Notice dated June 2, 2016, from A-B Watson, Planner II, with respect to the notice of public meeting before the Planning and Environment Committee for a Zoning By-law Amendment for the Blackfriars/Petersville area, was received;   c)         the Civic Administration BE REQUESTED to provide an update on the Protecting Vulnerable People at the next London Housing Advisory Committee meeting; and,

  d)         clauses 1 and 3 to 7, BE RECEIVED.

16.   Existing

Vehicles-for-Hire Industry

That, on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the following actions be taken with respect to private vehicles for hire:   a)         the report dated June 21, 2016, with respect to a summary of the public feedback on the form and regulation of the vehicle-for-hire industry, BE RECEIVED;   b)         the Civic Administration BE DIRECTED to hold a Public Participation Meeting to allow for public comment on proposed amendments to the Taxi and Limousine By-law, recognizing recent trends in the vehicle for hire industry with a focus on the municipal purposes of safety and consumer protection, quality of service and availability of service with an overarching principle of fairness and equal playing field for all vehicles for hire;   c)         for the purposes of uncertainty of compliance with public safety regulations including commercial insurance, driver capabilities of performing commercial transportation services and vehicle safety, the Civic Administration BE DIRECTED to request that any electronic vehicle sourcing platforms used to  match passengers with unlicensed vehicles for hire (as they are currently not permitted) immediately stop operating in London until any future by-law amendments addressing vehicles for hire and brokers are in full force and effect;   d)         the previous Municipal Council resolution passed on September 29, 2015 relating to transportation network companies (TNCs) BE CONSIDERED when drafting the proposed by-law noted in part b), above;    e)         the Civic Administration BE REQUESTED to remove the requirement for an English language proficiency exam in the draft by-law, for public comment; and,   f)         the Civic Administration BE DIRECTED to report back to the Community and Protective Services Committee with respect to additional restrictions that may be imposed, specific to those individuals who may have been convicted of operating a private vehicle-for-hire in contravention of the current Taxi and Limousine By-law; it being noted that this report may include a report in camera, containing advice that is subject to solicitor-client privilege;   it being noted that the Community and Protective Services Committee received a communication dated June 20, 2016, from C. Schafer, Public Policy Manager, Uber Canada, with respect to this matter.  (2016-P09)

Moved by Councillor H.L. Usher

Seconded by Councillor J. Helmer

Approve that consideration of part c) of clause 16 be deferred to a time in the meeting, following a further in camera session.

Motion Passed

Motion Passed

The motion to Approve part e) of clause 16 is put.

Motion Passed

Motion Passed

The motion to Approve the remainder of clause 16, excluding part c) is put.

Motion Passed

Motion Passed

17.   Business Licensing

By-law - New Categories and Proposed Regulations

That the following actions be taken with respect to the Business Licensing By-law - New Categories and Proposed Regulations:   a)         the Civic Administration BE REQUESTED to report back to the Community and Protective Services Committee (CPSC) at the July 19, 2016 meeting with a proposed amendment schedule;   b)         the Civic Administration BE REQUESTED to report back at a future CPSC meeting with a draft by-law amendment and thereafter hold a public participation meeting or a series of public participation meetings, with respect to new categories of businesses to be licensed as well as amendments to existing business category regulations;   it being noted that consultations with affected stakeholders will occur prior to presenting the proposed by-law amendments; it being further noted that the CPSC will proceed with the additional meeting dates of September 28 and October 26, 2016, as needed; and it being noted that the CPSC received the attached presentation from O. Katolyk, Chief Municipal Law Enforcement Officer, with respect to this matter.  (2016-P09)

Moved by Councillor M. Salih

Seconded by Councillor P. Squire

Approve An amendment to clause 17, to add a new part c) as follows:   “c)       the Civic Administration BE DIRECTED to report back to the July 19, 2016 CPSC meeting with a draft by-law related to unlicensed residential care facilities, and further that a public participation meeting be scheduled at this same meeting to allow for public comment on the proposed by-law;”

Motion Failed

Motion Failed

Motion Passed

Motion Passed

Moved by Councillor P. Hubert

Approve clauses 1 to 5.

18.   Deferred Matters

List

That the June 2016 Deferred Matters List for the Community and Protective Services Committee BE RECEIVED.

20.   Properties located

at 1057, 1059 and 1061 Richmond Street (SP15-030856)

That, on the recommendation of the Manager, Development Services and Planning Liaison, the following actions be taken with respect to the site plan approval application of Romlex International Ltd., for conversion of an existing church building to a nine unit residential building at the properties located at 1057, 1059 and 1061 Richmond Street:   a)         the Approval Authority BE ADVISED issues with respect to construction traffic, vehicular access to the laneway and landscape open space were raised at the public participation meeting with respect to the application for Site Plan Approval to permit the conversion of an existing church building to a nine unit residential building at the properties located at 1057, 1059 and 1061 Richmond Street; and,   b)         the Approval Authority BE ADVISED that the Municipal Council supports the Site Plan Application to permit the conversion of an existing church building to a nine unit residential building at the properties located at 1057, 1059 and 1061 Richmond Street;   it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions regarding this matter. (SPA16-001)

22.   Property located at

4680 Wellington Road South (Z-8603) (Relates to Bill No. 251)

That,  based on the recommendation of the Managing Director, Planning and City Planner, with respect to the application by 761030 Ontario Ltd, relating to the property located at 4680 Wellington Road South, the proposed by-law appended to the staff report dated June 20, 2016 as Appendix “A” BE INTRODUCED at the Municipal Council meeting to be held on June 23, 2016, to amend Zoning By-law Z.-1, (in conformity with the Official Plan), to change the zoning on a portion of the subject lands  FROM an Urban Reserve (UR6) Zone TO an Urban Reserve/Temporary Use (UR6/T-__) Zone;   it being pointed out that no individuals spoke at the public participation meeting associated with this matter. (2016-D09)

23.   Property located at

5221 Cook Road

That, on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the following actions be taken with respect to the request for the demolition of a heritage listed property located at 5221 Cook Road:   a)         the staff report dated June 20, 2016 regarding the above-noted matter BE RECEIVED;     b)         the Chief Building Official BE ADVISED that Municipal Council consents to the demolition of this property; and,   c)         5221 Cook Road BE REMOVED from the Inventory of Heritage Resources (Register);   it being pointed out that no individuals spoke at the public participation meeting associated with this matter. (2016-P10D/R01)

25.   Property located at

1691 Hamilton Road - Application for Approval of Draft Plan of Subdivision, Official Plan and Zoning By-law Amendments (39T-13502/OZ-8147) (Relates to Bill No. 239 and Bill No. 253)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the application of Thames Village Joint Venture Corporation, relating to the lands located at 1691 Hamilton Road:   a)        the Approval Authority BE ADVISED that no issues were raised at the public meeting with respect to the application for draft plan of subdivision by Thames Village Joint Venture Corporation, relating to lands located at 1691 Hamilton Road;   b)         the Approval Authority BE ADVISED that Municipal Council supports issuing draft approval of the proposed plan of subdivision as submitted by Thames Village Joint Venture Corporation, prepared by Archibald, Gray & McKay and certified by Bruce Baker, Ontario Land Surveyor dated March 23, 2016 (Project No. OVE WEST DPS), as red-lined revised, which shows 73 single detached lots, two (2) open space blocks, one (1) temporary road block, two (2) abutting land owner blocks, two (2) future road allowance blocks, five (5) reserve blocks, served by one (1) collector road and four (4) local streets, SUBJECT TO the conditions appended to the staff report dated June 20, 2016 as Appendix “C”  being met, and the adopted Official Plan amendment coming into effect;   c)         the proposed by-law appended to the staff report dated June 20, 2016 as Appendix “A” BE INTRODUCED at the Municipal Council meeting to be held on June 23, 2016 to amend the Official Plan for a portion of the lands located at 1691 Hamilton Road to remove the “Aggregate Resource Area” delineation on Schedule ‘B-2’ – Natural Resources and Natural Hazards;   d)         the proposed by-law appended as Appendix “B” to the staff report dated June 20, 2016 BE INTRODUCED at the Municipal Council meeting to be held on June 23, 2016 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in Part ‘C’ above), to change the zoning of the subject lands FROM an Urban Reserve Special Provision (UR4(6)) Zone TO a holding Residential R1 Special Provision (h-R1-3( )) Zone, to permit single detached dwellings, with a special provision for a maximum lot coverage of 45% for one (1) storey single detached dwellings, and minimum front and exterior yard depth for main dwelling of 4.5 metres to a primary collector road, and 6.0 metres for garages; an Open Space Special Provision (OS1(3)) Zone; a holding Open Space (h-2-OS4) Zone; and an Urban Reserve Special Provision (UR4( )) Zone with a special provision for minimum lot area of 190 square metres and no minimum lot frontage requirement; together with a holding (h) provision to ensure adequate provision of municipal services and that a subdivision agreement or development agreement is entered into; and to amend Section 4.21 Road Allowance Requirements - Specific Roads to By-law No. Z.-1, by adding Street ‘C’ from the west limit of the plan to the east limit as a Primary Collector Road;   e)         the request to amend Zoning By-law No. Z.-1 to change the zoning of the subject lands FROM an Urban Reserve (UR4(6)) Zone TO a Residential R1 Special Provision (R1-3( )) Zone, which would include a special provision for a minimum exterior side yard depth of 2.5 metres BE REFUSED for the following reason:   i)          the requested special provision is not necessary as the Zoning By-law already provides for a reduced exterior side yard in certain situations.  This provision applies to corner lots having rear yards abutting another rear yard, in accordance with Section 4.29;   f)          the Civic Administration BE DIRECTED to review opportunities for public road connections to lands to the west of the proposed draft plan of subdivision; and report back to a future meeting of the Planning and Environment Committee with an assessment of feasible alternatives, and recommended updates to the Old Victoria Area Plan and Official Plan, if required; and,   g)         the applicant BE ADVISED that the Director of Development Finance has summarized  claims and revenues information appended to the staff report dated June 20, 2016 as Appendix “D”;   it being pointed out that at the public participation meeting associated with this matter, the individual indicated on the attached public participation meeting record made an oral submission regarding this matter.  (2016-D09/D12)

26.   Properties located

at 175, 179 and 181 King Street

That, on recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Chief Building Official BE ADVISED that the Municipal Council consents to the demolition of the building located at 175/179/181 King Street in the Downtown London Heritage Conservation District under Section 42 (1) of the Ontario Heritage Act, subject to the following conditions:   a)         prior to any demolition, measured drawings of the exterior and photo documentation of the exterior and interior of the existing structure at 175/179/181 King Street be provided by the applicant and submitted to Planning Services;   b)         prior to any demolition activity, a conservation plan satisfactory to the Chief Building Official be provided by the applicant to ensure the protection and structural viability of the building located at 183 King Street; and,   c)         the applicant be required to post a bond or provide a certificate of insurance as a guarantee that the structure at 183 King is protected during the demolition process of the building at 175/179/181 King Street;   it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions regarding this matter.  (2016-P10D)

27.   Properties located

at 1179 and 1185 Riverside Drive (39CD-16503/Z-8594) (Relates to Bill No. 254)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the Vacant Land Plan of Condominium and Rezoning applications of Kirkness Consulting Inc., relating to the properties located at 1179 and 1185 Riverside Drive:   a)             the proposed by-law appended to the staff report dated June 20, 2016 BE INTRODUCED at the Municipal Council meeting to be held on June 23, 2016 to amend Zoning By-law No. Z-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Residential R1/Residential R6 (R1-4/R6-5.D20.H7) Zone TO a Residential R1/Residential R6 Special Provision (R1-4/R6-5(  ).D23.H7)) Zone, to permit a single detached cluster housing development with increased density to 23 units per hectare and a reduced front yard setback of 1.5 metres for Unit 14 (the southwest unit) and 2.5 metres for Unit 1(the southeast unit)  in place of the minimum requirement of 8 metres;   b)             the Approval Authority BE ADVISED that issues relating to insufficient visitor parking and insufficient green space were raised at the public participation meeting with respect to the Vacant Land Condominium application and Site Plan concept;   c)             the Approval Authority BE ADVISED that Municipal Council supports the  issuing of draft approval of the vacant land condominium  for 14 cluster single detached residential units at 1179 and 1185 Riverside Drive;   d)             that the following objectives BE CONSIDERED by the Site Plan Approval Authority at the time of review of the site plan application:   i)              elevations of buildings and any attached structures (noise walls) need to provide a varied and interesting streetscape and long expanses of blank walls need to be minimized;     ii)             necessary noise walls need to be integrated into the design of the buildings and constructed of same, or complementary, materials. Height should be limited as much as possible, and landscape screening is to be provided in front. Consider incorporating segments of rod-style fencing or gaps in the masonry wall to break up its length, beyond the distance that is required for noise attenuation;   iii)            rear elevations of houses backing onto the walkway block need to incorporate a high level of architectural interest and articulation to appear attractive as seen from the public space;   iv)            private amenity areas adjacent to the walkway block should be designed as courtyards that permit visibility into the public walkway. Fencing along this property line to be limited in height to a maximum 1.2m and masonry walls be limited to a maximum height of 0.75m in order to provide passive surveillance. Fencing along the walkway block to the west should be visually permeable ornamental fencing and should be enhance with plant materials on private property but maintain sight lines and natural surveillance;   v)             any masonry landscape walls (including the one at the end of the drive aisle) should be no more than 0.75m in height including caps and exposed footings;   vi)            the gates into many of the private amenity spaces requires access through portions of the properties (between houses). This may become a concern in the future if residents put up different fences or landscaping in their side yards;

  vii)           the central tree looks like it will be highly impacted by the new driveway on either side and the guest parking spaces do not appear functional;   viii)          provide details for all external lighting and adequately screen from abutting properties; and,   ix)            Privacy fencing will be required along the north and east property lines in addition to plant materials;   it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions regarding this matter.  (2016-D09/D07)

28.   Properties located

at 704 and 706 Boler Road (39T-15503/Z-8505)

That, on the recommendation of the Senior Planner, Development Planning, the following actions be taken in response to appeals to the Ontario Municipal Board, dated March 11, 2016, submitted by Alan Patton of Patton Cormier Ferreira on behalf of Southside Construction Management Limited appended to the staff report dated June 20, 2016 as Schedule “C” on the basis of a non-decision by the City of London Approval Authority within 180 days relating to a draft plan of subdivision application; and a non-decision by Municipal Council within 120 days relating to a zoning by-law amendment application concerning lands located at 704 and 706 Boler Road:   a)          the Ontario Municipal Board BE ADVISED that Municipal Council does not support draft approval of the proposed plan of subdivision, submitted by Southside Construction Management Limited (File No. 39T-15503), which shows 44 single detached lots, one (1) open space block, and one (1) low density block, all served by an extension of Optimist Park Drive, an extension of Apricot Drive, and one (1) new local street, for the following reasons:   i)         an accepted Environmental Impact Study (EIS) is required in order to demonstrate that there will be no negative impacts on the natural features or their ecological functions;   ii)        without an accepted EIS to confirm the limits of development and identify mitigation measures, it is not possible to recommend red-line revisions to the proposed draft plan, and conditions of draft approval cannot be formulated;   iii)       the proposed plan of subdivision is not consistent with the Natural Heritage policies in Section 15 of the Official Plan;   iv)       the proposed plan of subdivision is not consistent with the provisions in Sections 1.6 and 2.1 of the Provincial Policy Statement, and Section 3 of the Planning Act; and,   v)       the plan, as proposed, does not implement the Urban Design principles in Section 11 of the Official Plan or the Placemaking Guidelines adopted pursuant to the Section 19.2 of the Official Plan   b)            the Ontario Municipal Board BE ADVISED that Municipal Council recommends that the request to amend Zoning By-law No. Z.-1 to change the zoning of the subject property FROM a Urban Reserve (UR1) Zone that permits existing uses TO a Residential R1 (R1-9) Zone, to permit single detached dwellings with a minimum lot frontage of 16.0 metres, a minimum lot area of 690m², a Residential R6 (R6-5) Zone, to permit medium density development in various forms of cluster housing from single detached dwellings to townhouses and apartments at a maximum density of 35 units per hectare, and an Open Space (OS5) Zone, to permit activity limited to a range of low-impact uses associated with passive recreation, conservation and ecosystem management BE REFUSED for the following reasons:   -            Without an accepted EIS to confirm the limits of development and the zone boundaries, it is not possible to recommend approval of the requested zoning by-law amendment; and,   -            Due to uncertainty of the development limit, it cannot be demonstrated that the requested zoning conforms with the Official Plan and is consistent with Provincial Policy Statement;   c)            the Ontario Municipal Board BE ADVISED that Municipal Council recommends that the Official Plan be amended on a portion of the subject lands appended to the staff report dated June 20, 2016 as Appendix “A” to:    i)            amend Schedule “A” Land Use to change the designation FROM  Low Density Residential TO Open Space and Environmental Review; and,   ii)             Amend Schedule B-1- Natural Heritage Features, TO DELETE Unevaluated Vegetation Patch and TO ADD “Significant Woodlands” and “Locally Significant Wetlands”;   d)          the Ontario Municipal Board BE ADVISED that Municipal Council recommends that the Zoning By-law No. Z.-1 be amended as appended to the staff report dated June 20, 2016 as Appendix “B”, (in conformity with the Official Plan as amended in part c) above), FROM an Urban Reserve (UR1) Zone which permits existing uses TO an Open Space (OS5) Zone which permits conservation lands and passive recreational uses, including City trail systems and an Environmental Review (ER) Zone, which is intended to remain in a natural condition until the environmental significance is determined through the completion of more detailed environmental studies; and,   e)            the City Solicitor BE DIRECTED to provide legal and planning or expert witness representation at the Ontario Municipal Board hearing in support of Municipal Council’s position;   it being noted that the Planning and Environment Committee reviewed and received a communication dated June 14, 2016, from D. Zock and F. Dowling, 1038 Cherrygrove Road, with respect to this matter; and,   it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions regarding this matter.  (2016-D09/L01)

29.   Properties located

at 240 Waterloo Street and 358 Horton Street East (OZ-8598) (Relates to Bill No. 240 and Bill No. 255)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Creative Properties Design Build Inc., relating to the property located at 240 Waterloo Street and 358 Horton Street East:   a)        the proposed by-law appended to the staff report dated June 20, 2016 as Appendix “A” BE INTRODUCED at the Municipal Council meeting to be held on June 23, 2016 to amend the Official Plan BY ADDING a policy to section 10.1.3 – Policies for Specific Areas;   b)         the proposed by-law appended to the staff report dated June 20, 2016 as Appendix “B” BE INTRODUCED at the Municipal Council meeting to be held on June 23, 2016 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan as amended in part a) above), to change the zoning of the subject property FROM a Business District Commercial Special Provision (BDC(29))  Zone, and a Restricted Service Commercial (RSC1/RSC4) Zone, and a Restricted Service Commercial/Light Industrial (RSC1/RSC4/LI8) Zone, TO a Business District Commercial Special Provision (BDC(29)) Zone;   c)         the Site Plan Approval Authority BE REQUESTED to consider the following design issues through the site plan process:   i)              remove existing parking areas south of the building line along Horton Street and restore the Horton Street Boulevard to City standards, including the use of sensitive landscaping that does not conceal the heritage features of 240 Waterloo Street;   ii)             two parking spaces may be permitted to remain in the front yard of 358 Horton Street East with the provision that they will be removed upon completion of the third phase of this development;   iii)            minimize the existing curb cut and amount of asphalt in front of 358 Horton Street East by reducing it to the maximum width and size required for two parking spaces and explore opportunities to use an alternate paving material to give this space less of a driveway appearance;   iv)        ensure all parking areas are screened from the street using landscaping;               v)         provide for a sidewalk along Waterloo Street to Horton Street East, and extend the existing sidewalk north to Bathurst Street;   vi)        include walkways from the City sidewalks along Horton Street and Waterloo Street to the existing and proposed primary entrances of the buildings; and   vii)       ensure the use of transparent glazing on the façade of 358 Horton Street East, and the addition facing Horton Street East;   it being pointed out that at the public participation meeting associated with this matter, the individual indicated on the attached public participation meeting record made an oral submission regarding this matter.  (2016-D09)

30.   Beaufort/Irwin/Gunn/Saunby

(BIGS) Neighbourhood Secondary Plan (O-8478)

The Beaufort/Irwin/Gunn/Saunby Neighbourhood Secondary Plan BE REFERRED back to the Civic Administration to consider the public comments received during the public participation meeting held at the Planning and Environment Committee meeting on June 20, 2016 and report back with final recommendations to a future meeting of the Planning and Environment Committee;   it being noted that the Planning and Environment Committee reviewed and received a communication dated June 15, 2016, from H. Froussios, Zelinka Priamo Ltd., with respect to this matter; and,   it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions regarding this matter.  (2016-D09)

31.   PEC Deferred List

The Planning and Environment Committee reviewed and received the PEC Deferred List as of March 22, 2016.

19.   Syrian Refugee

Initiatives

That it BE NOTED that the Community and Protective Services Committee heard a verbal delegation from the Managing Director of Housing, Social Services and Dearness Home, with respect to Syrian Refugee Initiatives.

21.   Blackfriars/Petersville

Area (Z-8602) (Relates to Bill No. 250)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application by the City of London, with respect to the Blackfriars/Petersville Area:   a)         the proposed by-law appended to the staff report dated June 20, 2016 as Appendix “A”, relating to the Blackfriars/Petersville Area BE INTRODUCED at the Municipal Council meeting to be held on June 23, 2016 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Residential Special Provision R2-2(17) Zone, TO a Residential Special Provision R2-2(_) Zone. (2016-D09); and,   b)         the Civic Administration BE DIRECTED to initiate a Zoning By-law Amendment process to exempt the property located at 25 Gower Street from the zoning by-law restrictions implemented by a) above;       it being pointed out that at the public participation meeting associated with this matter, the individual indicated on the attached public participation meeting record made an oral submission regarding this matter.  (2016-D09)

Motion Passed

Motion Passed

24.   Property located at

455 Clarence Street (Z-8560) (Relates to Bill No. 252)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of 1016790 Ontario Ltd., relating to the property located at 455 Clarence Street:   a)            the proposed by-law appended to the staff report dated June 20, 2016 as Appendix “A” BE INTRODUCED at the Municipal Council meeting on June 23, 2016 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Holding Downtown Area (h-3DA1D350) Zone and a Holding Downtown Area (h-3DA2D350) Zone, TO a Downtown Area Bonus (DA1D350B(_)) Zone; it being noted that the Bonus Zone shall be implemented through a development agreement to provide for increased height up to 105 metres, and an increased density up to 1180 units per hectare in return for the provision of the following services, facilities and matters which are described in greater detail in the proposed by-law:   i)          a podium design which is sensitive to, and responds to, the surrounding heritage features and implements the design criteria of the Downtown Heritage Conservation District;   ii)         a high quality of building design, including the following design elements:   A)            Podium   I)         use of stone veneer and granite, similar to the materials used on the historic office building across the street;   II)        generous double height transparent windows at the base of the podium along Clarence Street in order to activate the street frontage;                           III)       projecting glass canopy along the length of the podium, along the Clarence Street frontage, in order to provide weather protection to pedestrians;   IV)       large bay windows with transparent glass above the main floor to help soften and break up the stone veneer walls while providing light into the parking garage and animating the upper levels of the podium;   B)           Mid-Block Connection   I)        a covered pedestrian alley, along the south property line, with active storefronts in order to implement the “laneways connection” transformational project found in Our Move Forward:  London’s Downtown Plan;   C)           Tower   I)           a point tower form with the massing of the building mitigated by a high proportion of glass materials and a relatively low proportion of panels or similar materials;   II)          a variation of material colours in order to add interest and break up blank wall sections;   III)      continuous window wall within groupings of vertical window sections accented by a colour and projecting (roughly 1ft) in order to provide a unique architectural element to the building and break up the large flat portion of wall on the Clarence Street façade;   IV)      a visually interesting building cap that will contribute positively to the Downtown London skyline;   D)           Streetscape   I)         high quality design and landscaping, within the City Boulevard as required to achieve the goals of the Downtown Master Plan;   E)            Public Art   I)             the provision of public art, to be administered in accordance with the City of London Are Policy in the amount of 1% of construction value up to $250,000;   b)         pursuant to Section 34(17) of the Planning Act, as determined by Municipal Council, no further notice BE GIVEN in respect of the proposed by-law as the change in building height is minor in nature; and, the change in building height maintains the same form of development that had been publicly vetted during the public participation process; and c)         the Site Plan Approval Authority BE REQUESTED to consider the following design elements through the site plan approval process:   i)          ensure landscaping and design feature enhancements are provided within the City Boulevard through a design concept plan to be reviewed by Urban Design Staff through the site plan process; and,   ii)         create a tree-lined connection through high quality landscaping and design creating an enhanced pedestrian experience along the “Clarence Street Connector” as outlined in the Downtown Master Plan;   it being pointed out that at the public participation meeting associated with this matter, the individual indicated on the attached public participation meeting record made an oral submission regarding this matter.  (2016-D09)

Motion Passed

Motion Passed

Moved by Councillor V. Ridley

Approve clauses 1 to 19, excluding clauses 16 and 17.

X.   DEFERRED

MATTERS

XI.   ENQUIRIES

XII.   EMERGENT

MOTIONS

Moved by Councillor P. Squire

Seconded by Councillor M. van Holst

Approve that pursuant to section 20.2 of the Council Procedure By-law, leave be given for the introduction of an emergent motion regarding the Deputy Mayor position, selected by the Council.

Motion Passed

Motion Passed

Moved by Councillor P. Squire

Seconded by Councillor P. Hubert

Approve that the matter of the appointment of a Deputy Mayor, selected by the Council, be considered at the next meeting of the Strategic Priorities and Policy Committee.

Motion Passed

Motion Passed

Moved by Councillor M. Salih

Seconded by Councillor M. van Holst

Approve that pursuant to section 20.2 of the Council Procedure By-law, leave be given for the introduction of an emergent motion with respect to the approval of the London Psychiatric Hospital Lands & South West Area Secondary Plans.

Motion Passed

Motion Passed

Moved by Councillor M. Salih

Seconded by Councillor J. Morgan

Approve that pursuant to section 13.3 of the Council Procedure By-law reconsideration of clause 13 of the 10th Report of the Planning and Environment Committee regarding the London Psychiatric Hospital Lands & South West Area Secondary Plans (O-8364/O-8370), as approved at the May 31, 2016 meeting of the Municipal Council BE RECONSIDERED, in order to allow for a correction of voting.

Motion Passed

Motion Passed

Moved by Councillor T. Park

Seconded by Councillor J. Helmer

Approve 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 London Psychiatric Hospital Lands and the Southwest Area Secondary Plans:   a)     the attached, revised, proposed by-law (Appendix “C”) BE INTRODUCED at a future meeting of Municipal Council when the adoption of The London Plan is considered to:   i)          amend the London Psychiatric Hospital Lands Secondary Plan BY ADDING a paragraph to the end of Section 20.4.1.2 (Introduction – Purpose and Use) to explain why the policies of the Official Plan for the City of London (1989) have been added to the London Psychiatric Hospital Lands Secondary Plan appended to the staff report dated May 30, 2016 as Appendix “D”;  and,   ii)         amend the London Psychiatric Hospital Lands Secondary Plan BY ADDING a new Section 20.4.8 (Official Plan Extracts – Policies) to add the required policies of the Official Plan for the City of London (1989) to the London Psychiatric Hospital Lands Secondary Plan appended to the staff report dated May 30, 2016 as Appendix “D”;   b)     the attached, revised, proposed by-law (Appendix “E”) BE INTRODUCED at a future meeting of  Municipal Council when the adoption of The London Plan is considered to:   i)          amend the Southwest Area Secondary Plan BY ADDING a paragraph to the end of Section 20.5.1.2 (Introduction – Purpose and Use) to explain why the policies of the Official Plan for the City of London (1989) have been added to the Southwest Area Secondary Plan appended to the staff report dated May 30, 2016 as Appendix “F”;   ii)     amend the Southwest Area Secondary Plan BY ADDING a new Appendix 4 Official Plan Extracts – Policies to Section 20.5.17 (Appendices – Supplementary Information) to add the required policies of the Official Plan for the City of London (1989) to the Southwest Area Secondary Plan appended to the staff report dated May 30, 2016 as Appendix “F”; and,   iii)         amend the Southwest Area Secondary Plan BY ADDING an extract of Schedule “B-2” – Natural Resources and Natural Hazards to Section 20.5.17 (Appendix 1 Official Plan Extracts) to add the required schedule of the Official Plan for the City of London (1989) to the Southwest Area Secondary Plan appended to the staff report dated May 30, 2016 as Appendix “F”;    it being pointed out that no individuals spoke at the public participation meeting associated with this matter.    (2016-D09)

Motion Passed

Motion Passed

XIII.   BY-LAWS

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

Moved by Councillor H.L. Usher

Seconded by Councillor S. Turner

Approve Introduction and First Reading of Bill No.’s 232 to 255 and the Added Bill No.’s 256 and 257.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor T. Park

Approve Second Reading of Bill No.’s 232 to 255 and the Added Bill No.’s 256 and 257.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor V. Ridley

Approve Third Reading and Enactment of Bill No.’s 232 to 255 and the Added Bill No.’s 256 and 257.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT