November 8, 2016, at 4:02 PM

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

I.   DISCLOSURES

OF PECUNIARY INTEREST

II.   RECOGNITIONS

III.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

IV.   COUNCIL, IN CLOSED SESSION

(CONTINUED)

MOTION FOR IN CLOSED SESSION

Moved by Councillor H.L. Usher

Seconded by Councillor P.Hubert

Approve that Council rise and go into Council, In closed session, with respect to the following matters:

The Council rises and goes into the Council, In Closed Session at 7:55 PM, with Mayor M. Brown in the Chair and all Members present except Councillors B. Armstrong, M. Cassidy and J. Zaifman.

The Council, In Closed Session rises at 10:09 PM and Council reconvenes in public session at 10:12 PM, with Mayor M. Brown in the Chair and all Members present except Councillors B. Armstrong, M. Cassidy and J. Zaifman.

IX.   ADDED

REPORTS (continued)

V.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE TWENTY-FIRST MEETING HELD ON OCTOBER 25, 2016

Moved by Councillor B. Armstrong

Seconded by Councillor H.L. Usher

Approve the Minutes of the Twenty-First Meeting, held on October 25, 2016.

Motion Passed

Motion Passed

VI.   COMMUNICATIONS

AND PETITIONS

Moved by Councillor P. Hubert

Seconded by Councillor T. Park

Approve receipt and referral of the following communications, as noted on the Agenda.

1.   Disclosure of Pecuniary Interest

2.   2015 Annual Report – Development Charges

Reserve Funds

VII.   MOTIONS OF

WHICH NOTICE IS GIVEN

VIII.   REPORTS

Moved by Councillor V. Ridley

Approve clauses 1 and 2.

3.   Development Charges Rate Monitoring – 2016

Review

4.   Tabling the 2018 (Tax Supported Operating,

Capital, Water and Waste Water Treatment

5.   London Music strategy

7.   Request for

Municipal Council Support Resolution - Ground Mounted Solar Project Under the Feed-In Tariff (FIT) Program

That, on the recommendation of the Manager of Development Planning, the following actions be taken with respect to the application for a Category 2 FIT project to construct a ground mounted solar project on the property located at 1875 Wharncliffe Road South:   a)            the Applicant BE ADVISED that the Municipal Council supports the construction and operation of this project;   b)         a Municipal Council Support Resolution in the forms appended to the staff report dated October 31, 2016, as Appendices “A” and “B” BE ISSUED for this project; and,   c)         the Mayor and the City Clerk BE AUTHORIZED to sign the Municipal Council Support Resolution noted in part b), above;   it being noted that the sole purpose of this resolution is to enable the applicant to receive priority points under the Feed-in Tariff (FIT) Program and may not be used for any other form of municipal approval in relation to the project.   (2016-E17)

10.   Property located on

a portion of 3260 Singleton Avenue (39CD-16512/SPA16-031)

That, on the recommendation of the Planner II, Development Services, the following actions be taken with respect to the Vacant Land Plan of Condominium application of Sifton Properties Limited, relating to the property located at 3260 Singleton Avenue:   a)         the Approval Authority BE ADVISED there were no issues raised at the public meeting of the Planning and Environment Committee with respect to the application for draft plan of vacant land condominium relating to a portion of 3260 Singleton Avenue; and,   b)         the Approval Authority BE ADVISED there were no issues raised at the public meeting of the Planning and Environment Committee with respect to the Site Plan Approval application relating to a portion of 3260 Singleton Avenue;   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;   it being noted that the Municipal Council approves this application for the following reasons:   -           the submitted Draft Plan of Vacant Land Condominium is in conformity with Official Plan Policies and the City’s Condominium Submission Review and Approval Guidelines; -           the Draft Plan of Vacant Land Condominium can be accommodated on the subject lands and can be integrated with adjacent surrounding lands; and, -           the Draft Plan of Vacant Land Condominium is in conformity to the City of London Z.-1 Zoning By-law and consistent with the Provincial Policy Statement;   it being further noted that Municipal Council received comments from the applicant in support of the staff recommendation.    (2016-D07)

11.   Properties located

at 2044, 2062, 2070 and 2100 Meadowgate Boulevard (OZ-8663) (Relates to Bill No’s. 396 and 406)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Ironstone Building Company, relating to the properties located at 2044, 2062, 2070 and 2100 Meadowgate Boulevard:   a)         the proposed by-law appended to the staff report dated October 31, 2016, as Appendix “A” BE INTRODUCED at the Municipal Council meeting to be held on November 8, 2016, to amend the Official Plan to change the designation of the subject lands FROM a Community Commercial Node designation TO a Multi-Family, Medium Density Residential designation;   b)         the proposed by-law appended to the staff report dated October 31, 2016,  as Appendix “B” BE INTRODUCED at the Municipal Council meeting to be held on November 8, 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 Community Shopping Area (CSA5) Zone and an Associated Shopping Area/Service Station (ASA1/ ASA2/ASA3/SS3) Zone TO a Residential R5 (R5-5) Zone and a Private Road/Residential R5 (PR/R5-5) Zone; and,   c)         the Site Plan Approval Authority BE REQUESTED to consider the following through the site plan process:   i)          include a warning clause detailing the use of the private road for the commercial and residential uses within the Development Agreement to serve as notice for each tenant or owner; ii)         design the access easement to appear as a public street including sidewalks and boulevard trees; iii)         provide street-orientation to Meadowgate Blvd. and the Private Road (PR) zone (access easement) through the provision of front entrances and a high level of architectural detail and articulation on these facades; and, iv)        design end and corner units that are visible from the public realm to incorporate the same level of detail and articulation into side facades as is present on the fronts of the buildings;   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;   it being noted that the Municipal Council approves these applications for the following reasons:   -           the recommended amendment is consistent with the policies of the Provincial Policy Statement (2014); -           the recommended amendment is consistent with the Multi-Family, Medium Density Residential policies of the City of London Official Plan; -           the recommended Zoning By-law Amendment provides for a sensitive and compatible development within the surrounding neighbourhood; -           the proposed residential development will not inhibit the adjacent commercial lands to develop; and, -           the proposed residential development is generally in accordance with the London Plan;   it being further noted that Municipal Council received comments from the agent for the applicant in support of the staff recommendation.    (2016-D09)

12.   Property located at

255 South Carriage Road (39T-08502/Z-8614) (Relates to Bill No. 407)

That, on the recommendation of the Senior Planner, Development Planning, the following action be taken with respect to the request from Kenmore Homes (London) Inc., relating to the property located at 225 South Carriage Road;   a)            the Approval Authority BE ADVISED that the Municipal Council supports the proposed revisions to the draft plan of subdivision and the request for a three (3) year extension of the draft plan of subdivision approval for the draft plan submitted by Kenmore Homes (London) Inc., File No. 39T-08502, prepared by Holstead and Redmond Limited (dated April 1, 2016), as revised which shows a total of ninety seven (97) single detached residential lots, eight (8) multi-family residential blocks, served by four (4) new local streets SUBJECT TO the conditions contained in the attached, revised, Appendix “39T-08502”; it being noted that the Legal Services Division are to confirm their concurrence with the deletion of Condition 75 which reads as follows:               “Further, the owner shall obtain approval of their proposed design from the Manager of Urban Design Prior to any submission of an application for a building permit for corner lots with an exterior sideyard in this plan.”;   b)         the proposed by-law appended to the staff report dated October 31, 2016, BE INTRODUCED at the Municipal Council meeting to be held on November 8, 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 Residential R1 Special Provision (hh-100R1-3 (14)) Zone, which permits single detached dwellings one storey in height, maximum of 5 metres, a minimum lot area of 300m2 and minimum lot frontage of 10 metres TO a Holding Residential R4 Special Provision (hh-100R4-4 (_)) Zone, which permits street townhomes one storey in height, maximum of 5 metres, with a minimum lot frontage of 5.5 metres per unit and a lot minimum lot area of 180m2; -                     FROM a Holding Residential R1 Special Provision (hh-100R1-3 (8)) Zone, which permits single detached dwellings with a minimum lot area of 300m2 and minimum lot frontage of 11 metres TO a Holding Residential R4 (hh-100R4-4) Zone, which permits street townhomes with a minimum lot frontage of 5.5 metres per unit and a minimum lot area of 180m2 and maximum height of 10.5 metres; -                     FROM a Holding Residential R1 Special Provision (hh-100R1-13 (6)) Zone, which permits single detached dwellings with a minimum lot area of 270m2 and minimum lot frontage of 9 metres TO a Holding Residential R4 (hh-100R4-4) Zone, which permits street townhomes with a minimum lot frontage of 5.5 metres per unit and a minimum lot area of 180m2 and maximum height of 10.5 metres; -                     FROM a Holding Residential R1 Special Provision (hh-100R1-13 (6)) Zone, which permits single detached dwellings with a minimum lot area of 270m2 and minimum lot frontage of 9 metres TO a Holding Residential R1 Special Provision (hh-100R1-3 (8)) Zone, which permits single detached dwellings with a minimum lot area of 300m2 and minimum lot frontage of 11 metres; -                     FROM a Holding Residential R1 Special Provision (hh-100R1-3 (4)) Zone, which permits single detached dwellings with minimum lot frontage of 10 metres and minimum lot area of 300m2 TO a Holding Residential R1 Special Provision (hh-100R1-3 (8)) Zone, which permits single detached dwellings with a minimum lot area of 300m2 and minimum lot frontage of 11 metres; -                     FROM a Holding Residential R1 Special Provision (hh-100R1-3 (8)) Zone, which permits single detached dwellings with a minimum lot area of 300m2 and minimum lot frontage of 11 metres TO a Holding Residential R1 Special Provision (hh-100R1-13 (6)) Zone, which permits single detached dwellings with a minimum lot area of 270m2 and minimum lot frontage of 9 metres; and, -                     FROM a Holding Residential R1 Special Provision (hh-100R1-3 (8)) Zone, which permits single detached dwellings with a minimum lot area of 300m2 and minimum lot frontage of 11 metres TO a Holding Residential R1 Special Provision (hh-100R1-3 (4)) Zone, which permits single detached dwellings with minimum lot frontage of 10 metres and minimum lot area of 300m2; and,   c)         the applicant BE ADVISED that the Director, Development Finance has summarized the claims and revenues appended to the staff report dated October 31, 2016, as Appendix “B”;   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;   it being noted that the Municipal Council approves these applications for the following reasons:   -                     the proposed development is consistent with the Provincial Policy Statement; -                     the proposed revised Draft Plan of Subdivision and Zoning by-law amendment provide for a form of residential development that is consistent with the Hyde Park Community Plan; -                     the proposed revised Draft Plan of Subdivision and Zoning By-law amendment provide for a form of residential development that is consistent with the Low and Multi Family Medium Density Residential policies of the Official Plan and compatible with the surrounding residential development; -                     conditions of draft plan approval and recommended zoning contains provisions which will ensure development of the lands for sensitive land uses does not occur until noise and vibration mitigation measures are in place both physically on the ground and through warning clauses in the subdivision agreement; and, -                     the recommended Zoning By-law amendments include appropriate Holding Provisions to ensure that the residential development is successfully integrated with abutting uses and all required municipal services are provided;   it being further noted that Municipal Council received comments from the agent for the applicant in support of the staff recommendation.    (2016-D09/D12)

13.   11th Report of the

Environmental and Ecological Planning Advisory Committee

That the following actions be taken with respect to the 11th Report of the Advisory Committee on the Environment from its meeting held on October 20, 2016:   a)            the Civic Administration BE ADVISED that the Environmental and Ecological Planning Advisory Committee (EEPAC) recommends that fencing, without gates, be included in the draft plan of subdivision to protect the adjacent Environmentally Significant Area; it being noted that the EEPAC reviewed and received a Notice, dated September 20, 2016, from L. Mottram, Senior Planner, with respect to the application by Sifton Properties Limited, relating to the properties located at 1509 Ed Ervasti Land and a portion of 1295 Sandy Somerville Drive;   b)            the following actions be taken with respect to the 2016 Sifton Bog Report prepared by Stantec :   i)              the comments of the 2016 Sifton Bog Working Group, appended to the 11th Report of the Environmental and Ecological Planning Advisory Committee (EEPAC) BE PROVIDED to the Civic Administration for consideration; it being noted that the EEPAC held a discussion with respect to the merits of the Civic Administration’s proposal and was unable to reach a majority decision; and, ii)             the Civic Administration BE REQUESTED to consult the public of the potential relocation of the viewing platform currently located at Redmond’s Pond, prior to a final decision on action;   c)            the following actions be taken with respect to the updated Sunninglea Scoped Environmental Impact Study Working Group comments:   i)          consideration of the updated Working Group comments BE POSTPONED to the next Environmental and Ecological Planning Advisory Committee (EEPAC) meeting; and, ii)         the assigned Planner BE INVITED to attend the EEPAC meeting to respond to any enquiries;   d)            a Working Group consisting of S. Levin (lead) and R. Trudeau BE ESTALBISHED to review the Subject Land Status Report relating to the properties located at 1557 and 1687 Wilton Grove Road; it being noted that the application will be discussed at the November 14, 2016, Planning and Environment Committee meeting;   e)            a Working Group consisting of N. Weerasuriya (lead), E. Arellano and L. Des Marteaux BE ESTABLISHED to review the Ecological Restoration Plan prepared by St. Williams Nursery and Ecology Centre, for the Westminster Ponds/Pond Mills Environmentally Significant Area; it being noted that the Working Group will report back at the next meeting of EEPAC;   f)             the following actions be taken with respect to the draft City-Wide Terrestrial Invasive Plant Strategy prepared by J. MacKay, Ecologist Planner:   i)              a Working Group consisting of S. Levin (lead), S. Peirce, J. Stinziano, M. Thorn and N. Weerasuriya BE ESTABLISHED to review the draft City-Wide Terrestrial Invasive Plant Strategy; ii)             the Civic Administration BE REQUESTED to use available project funding for phragmites control if required on approved engineering services projects currently being undertaken; and, iii)            the Civic Administration BE ASKED to include funding in future budgets for the control and mitigation of phragmites by restoring natural or native species by methods such as: natural colonization or succession, seeding with native grasses/herbaceous species, planting appropriate native trees and shrubs, planting live cuttings and using landscape cloth or heavy mulching   g)         J. Stinziano BE PERMITTED to remain on the Environmental and Ecological Planning Advisory Committee (EEPAC) during his Fulbright Scholarship as Mr. J. Stinziano continues to participate in Working Group projects and is a valuable member of the EEPAC; and,   h)         clauses 1 to 6, 8 and 11, BE RECEIVED;   it being noted that the Planning and Environment Committee received the attached communication from S. Levin, Chair, EEPAC, with respect to phragmites.

14.   Property located at

1877 Sandy Somerville Lane (Z-8661) (Relates to Bill No. 408)

That, on the recommendation of the Senior Planner, Development Services, based on the application by Sifton Properties Limited relating to lands located at 1877 Sandy Somerville Lane, the proposed by-law appended to the staff report dated October 31, 2016, BE INTRODUCED at the Municipal Council meeting to be held on November 8, 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 Special Provision (R1-10(6)) Zone TO a Residential R6 Special Provision (R6-5( )) Zone, to permit various forms of cluster housing including single detached, semi-detached, duplex, triplex, fourplex, townhouses, stacked townhouses, and apartment buildings, together with a special provision to permit uses to be developed in the form of land lease community homes, at a maximum density of 30 units per hectare, minimum lot frontage of 0 metres, minimum side yard depth adjacent to an OS5 Zone of 1.0 metre, and minimum side yard depth adjacent to a R6-5(7) and R1-10( ) Zone of 1.2 metres; an Open Space OS5 Zone, to permit such uses as conservation lands, conservation works, passive recreation uses which include hiking trails and multi-use pathways, and managed woodlots; and a Residential R1 Special Provision (R1-10( )) Zone, to permit single detached dwellings with access permitted via a private right-of-way to a public street, a minimum lot area of 0.3 hectares, minimum yard depth from an R6-5( ) Zone of 6.0 metres, and minimum yard depth from an OS5 Zone of 10 metres;   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;   it being noted that the Municipal Council approves this application for the following reasons:   -           the recommended zoning is compatible with adjacent development and represents an appropriate extension of Sandy Somerville Lane, a private street within the Riverbend Golf community; -           the proposed site development plan incorporates an appropriate buffer from the Kains Woods ESA, and as part of this amendment will be rezoned Open Space OS5; and, -           the recommended zoning is consistent with the Official Plan designation for the site, and is consistent with the Provincial Policy Statement;   it being further noted that Municipal Council received comments from the applicant in support of the staff recommendation.   (2016-D09)

15.   Confirmation of

Appointment to the London Housing Advisory Committee

That Jamie Cleary, University Students’ Council, Western University BE APPOINTED as a Non-Voting Member-at-Large to the London Housing Advisory Committee, for the term ending November 30, 2017.

16.   Confirmation of

Appointment to the Transportation Advisory Committee

That Jamie Cleary, University Students’ Council, Western University BE APPOINTED as a Non-Voting Member-at-Large to the Transportation Advisory Committee, for the term ending November 30, 2017.

17.   Confirmation of

Appointment to the Accessibility Advisory Committee

That Camille Chung, University Students’ Council, Western University BE APPOINTED as a Non-Voting Member-at-Large to the Accessibility Advisory Committee, for the term ending November 30, 2017.

18.   Terms of Reference

– Advisory Committee on the Environment and Diversity, Inclusion and Anti-Oppression Advisory Committee

That the City Clerk BE DIRECTED to report back with the necessary proposed amendments to the Terms of Reference for the Advisory Committee on the Environment and the Diversity, Inclusion and Anti-Oppression Advisory Committee in order to permit two non-voting student representatives, one from each of the University Students’ Council, Western University and the Fanshawe Students’ Union, should both of those entities be interested in putting forward nominees from their respective organizations.

6.   Standing Committee Appointments

8.   Appointment By-laws

That the communication dated October 24, 2016, from Councillor J. Morgan, with respect to the utilization of by-laws to appoint members of the Senior Leadership Team and any other statutory officers of The Corporation of the City of London, BE REFERRED to a future meeting of the Corporate Services Committee in order to receive additional information, including information regarding the currency of Council Policy 18(17) entitled “Appointments Requiring Council Approval”.

Motion Passed

Motion Passed

9.   Consideration of

Appointment to the Environmental and Ecological Planning Advisory Committee

That the following individuals BE APPOINTED to Environmental and Ecological Planning the Advisory Committee as a Voting Member-at-Large for the term ending February 28, 2019:   Chris Evans Berta Krichker Alison Regehr Ian Whiteside

Moved by Councillor S. Turner

Seconded by Councillor T. Park

Approve that clause 9 be amended to read as follows:    “That the following individuals BE APPOINTED to the Environmental and Ecological Planning Advisory Committee as Voting Members-at-Large for the term ending February 28, 2019:   Chris Evans Alison Regehr Ian Whiteside”

Motion Passed

Motion Passed

Moved by Councillor J. Morgan

Seconded by Councillor V. Ridley

Approve clause 9, as amended.

Motion Passed

Motion Passed

X.   DEFERRED

MATTERS

XI.   ENQUIRIES

XII.   EMERGENT

MOTIONS

XIII.   BY-LAWS

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

Moved by Councillor S. Turner

Seconded by Councillor P. Hubert

Approve Introduction and First Reading of Bill No.’s 391 to 408, inclusive.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor T. Park

Approve Second Reading of Bill No.’s 391 to 408, inclusive.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor H.L. Usher

Approve Third Reading and Enactment of Bill No.’s 391 to 408, inclusive.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT