September 5, 2017, at 4:01 PM

Original link

The Council meets in Regular Session in the Council Chambers this day at 4:01 PM.

I.   DISCLOSURES

OF PECUNIARY INTEREST

Councillor S. Turner discloses a pecuniary interest in clause C-1 of the Confidential Appendix to the to the 16th Report of the Planning and Environment Committee, having to do with a matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with options available to the municipality in connection with complaints about the operation of a composting facility near the Shaver-Brockley community and surrounding area and to litigation or potential litigation with respect to potential remedies available to the municipality in connection with complaints about the operation of a composting facility near the Shaver-Brockley community and surrounding area, as well as clauses 16 and 22 of the 16th Report of the Planning and Environment Committee, having to do with the review of impacts from industrial sources (focus on odour) and potential municipal actions (primarily south of Highway #401 and enforcement of unassumed subdivisions, respectively, by indicating that his employer, the Middlesex-London Health Unit, is involved in these matters in a regulatory capacity.   Councillor T. Park discloses a pecuniary interest in clause 19 of the 16th Report of the Planning and Environment Committee, having to do with property located at 440 Grey Street, by indicating that she owns a neighbouring property.   Councillor J. Morgan discloses a pecuniary interest in clause 5 of the 24th Report of the Corporate Services Committee, as well as the related Bill No. 392, both having to do with a Joint Use Agreement with the University of Western Ontario for conduit pathways, by indicating that the University is his employer.

II.   RECOGNITIONS (continued)

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that Councillor J. Morgan disclosed a pecuniary interest in clause 5 of this Report, having to do with a Joint Use Agreement with the University of Western Ontario for access to City-owned conduit pathways, as he is employed by the University of Western Ontario.

III.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

IV.   COUNCIL, IN

CLOSED SESSION

Moved by Councillor M. van Holst

Seconded by Councillor T. Park

Approve that Council rise and go into Council, In Closed Session, for the purpose of considering the following matters:

Motion Passed

Motion Passed

V.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE TWENTY-FIRST MEETING HELD ON  AUGUST 22, 2017

Moved by Councillor H.L. Usher

Seconded by Councillor J. Helmer

Approve the Minutes of the Twenty-First Meeting held on August 22, 2017.

Motion Passed

Motion Passed

VI.   COMMUNICATIONS

AND PETITIONS

Moved by Councillor H.L. Usher

Seconded by Councillor M. Cassidy

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

2.   Annual Meeting

Calendar

That, on the recommendation of the City Clerk, the annual meeting calendar for the period December 1, 2017 to December 31, 2018, as appended to the staff report dated August 29, 2017, BE APPROVED; it being understood that adjustments to the calendar may be required from time to time in order to accommodate special/additional meetings or changes to governing legislation.

VII.   MOTIONS OF

WHICH NOTICE IS GIVEN

VIII.   REPORTS

Moved by Councillor M. van Holst

Approve clauses 1 to 17, inclusive.

3.   Council Policy -

Amendment of Flags at City Hall Policy (Relates to Bill No.395)

That, on the recommendation of the City Clerk, the following actions be taken with respect to displaying the flags of the First Nations at City Hall:   a)         the proposed by-law appended to the staff report dated August 29, 2017 as Appendix “A” to amend the Council Policy entitled “Flags at City Hall” BE INTRODUCED at the Municipal Council meeting to be held on September 5, 2017 to provide for an invitation to the following First Nations to have their flags displayed in City Hall on September 7th of each year, if they so choose, to recognize the anniversary of the “London Township Treaty”:             Chippewas of the Thames First Nation Chippewas of Kettle and Stoney Point First Nation Walpole Island First Nation Aamjiwnaang First Nation Caldwell First Nation; and,   b)         continued conversations BE HELD with area First Nations to pursue other commemorative opportunities.

4.   FCM Diverse Voices

for Change Initiative

That the following actions be taken in effort to increase the participation of women from diverse communities in municipal decision making processes:   a)         the staff report entitled “FCM Diverse Voice for Change Initiative”, dated August 29, 2017, including the findings of the diversity census (Appendix “A” to the staff report), and focus groups (Appendix “B” to the staff report) BE RECEIVED for information;   b)         the City Manager and the City Clerk BE DIRECTED to review and report back, prior to the tabling of the 2018 Budget, with an implementation plan to action the recommendations identified in the report, including information with respect to required resources and budget for the implementation;   c)         the Mayor and the City Clerk BE AUTHORIZED to enter into the Financial Contribution Agreement, appended to the staff report dated August 29, 2017 as Appendix “C”, with the Federation of Canadian Municipalities (FCM) to receive funding for the Diverse Voices for Change (DV4C) initiative;   d)         all participants BE THANKED for their involvement with the project to date; and   e)         the City Clerk BE REQUESTED to consider organizing a public workshop, similar to the “form-a-palooza” workshop organized by Mayor Muriel Bowser of the District of Columbia, to improve the application form for advisory committees, agencies, boards and commissions.

5.   Joint Use Agreement

with Western University - Conduit Pathways (Relates to Bill No.392)

That, on the recommendation of the Director, Information Technology Services, the following actions be taken with respect to a Joint Use Agreement (JUA) between the University of Western Ontario and The Corporation of the City of London for the University’s access to City of London-owned conduit pathways in the Downtown and Veterans Memorial Parkway road allowances for a five (5) year term (2017-2022):   a)         the proposed by-law appended to the staff report dated August 29, 2017 as Appendix A BE INTRODUCED at the Municipal Council meeting on September 5, 2017 to:   i)          authorize and approve a Joint Use Agreement (JUA) between the University of Western Ontario and The Corporation of the City of London for access to City of London-owned conduit pathways as outlined in Schedule A to the by-law; and   ii)         authorize the Mayor and City Clerk to execute the Agreement authorized and approved in a)i), above; and   b)         the Director, Information Technology Services BE AUTHORIZED to undertake all administrative acts that are necessary in connection with this matter.

Motion Passed

Motion Passed

6.   Appointment to the

Animal Welfare Advisory Committee

That Ann Hayes BE APPOINTED to the Animal Welfare Advisory Committee, for the term ending February 28, 2019, as a Voting Representative from the London Dog Owners Association.

7.   Feast Fest London -

Request for Designation as a Municipally Significant Event

That the Feast Fest London, to be held on September 22, 2017 from 3:00 PM - 11:00 PM, September 23, 2017 from 11:00 AM

  • 11:00 PM and September 24, 2017 from 11:00 AM - 8:00 PM at Victoria Park,  BE DESIGNATED as a municipally significant event in the City of London.

8.   Annual Report of

the Integrity Commissioner - May 17, 2016 to August 1, 2017

That the communication dated August 15, 2017 from Gregory F. Stewart, Integrity Commissioner, providing the Annual Report of the Integrity Commissioner from May 17, 2016 to August 1, 2017, as well as the related communication dated August 27, 2017 from B. Brock, BE REFERRED to a future meeting of the Corporate Services Committee at which the Integrity Commission will be requested to attend in order to answer any questions about his Annual Report and to discuss the future work of the Integrity Commissioner on such matters as education, review of the Code of Conduct, etc.

9.   Appointment to the

London Hydro Board of Directors (Relates to Bill No. 411)

That, on the recommendation of the Corporate Services Committee, the attached proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal Council meeting to be held September 5, 2017 to:   a)         ratify and confirm the Resolution of the Shareholder of London Hydro Inc., attached as Schedule “A” to the by-law; and   b)         authorize the Mayor and the City Clerk to execute the Resolution of the Shareholder of London Hydro Inc. attached as Schedule “A” to the by-law;   it being noted that Guy Holburn was selected for appointment to the London Hydro Inc. Board of Directors in accordance with the attached ranked ballot.

Motion Passed

Motion Passed

10.   7th Report of the

Environmental and Ecological Planning Advisory Committee

That the following actions be taken with respect to the 7th Report of the Environmental and Ecological Planning Advisory Committee from its meeting held on July 20, 2017:   a)         the Working Group comments related to the Boler Status Land Report, appended to the 7th Report of the Environmental and Ecological Planning Advisory Committee, BE FORWARDED to the Civic Administration for consideration;   b)         the Environmental and Ecological Planning Advisory Committee Members BE ENCOURAGED to provide comments on London’s Invasive Plant Strategy directly to J. MacKay, Ecologist; it being noted that London’s Invasive Plant Strategy will be considered by the Planning and Environment Committee, at the meeting to be held on August 28, 2017; and,   c)         clauses 1 to 11, 13, 15 to 17, BE RECEIVED;   it being noted that the Planning and Environment Committee heard a verbal presentation from S. Levin, Chair, Environmental and Ecological Planning Advisory Committee, with respect to these matters.

11.   Property located at

2426 Wickerson Road (OZ-8783) (Relates to Bill Nos. 396 and 407)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of The Corporation of the City of London, relating to the property located at 2426 Wickerson Road:   a)         the proposed by-law appended to the staff report dated August 28, 2017 as Appendix “A” BE INTRODUCED at the Municipal Council meeting to be held on September 5, 2017 to amend the Official Plan:   i)          to change the designation of the subject lands FROM Agriculture and Environmental Review, TO Agriculture and Open Space; ii)         to ADD the delineation of Significant River, Stream and Ravine Corridors, Significant Woodlands, and ESAs to Schedule B1 – Natural Heritage Features – to the Official Plan for the City of London; and, iii)         to REMOVE the delineation of Potential ESAs and Unevaluated Vegetation Patches  to Schedule B1 – Natural Heritage Features – to the Official Plan for the City of London;   b)         the proposed by-law appended to the staff report dated August 28, 2017 as Appendix “B” BE INTRODUCED at the Municipal Council meeting to be held on September 5, 2017 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 lands FROM an Open Space (OS4) Zone and a Holding Open Space (h-2-OS4) Zone and an Environmental Review (ER) Zone and an Agricultural (AG1) Zone TO an Open Space Special Provision (OS2()) Zone and an Open Space (OS5) Zone and a Holding Open Space Special Provision (h-18-OS5()) Zone and an Open Space (OS5(**)) Zone and a Holding Agricultural Special Provision (h-18-AG1(*)) Zone;   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 these matters;   it being further noted that the Municipal Council approves this application for the following reasons:   -           the recommended amendments are consistent with the policies of the 2014 Provincial Policy Statement (“PPS”) regarding the protection of the agricultural land base, the protection of natural heritage, and the conservation of archaeological resources; -           the recommended amendments conform to the intent of the “Open Space” designation in the Official Plan; -           the recommended amendments maintain the general intent of the “Agriculture” designation in the Official Plan and will recognize an existing undersize agricultural lot and will not further fragment agricultural lands. -           the recommended amendments are consistent with The London Plan. The proposed change in the designation and delineation of significant natural areas in the Official Plan through this application has already been captured in the London Plan; and, -           the recommended amendments will also comply with the Minimum Separation Distance (“MDS”) I guidelines and formulae.   (2017-D09)

Moved by Councillor S. Turner

Seconded by Councillor V. Ridley

Approve that parts b) and c) of clause 11 be amended to read as follows:   “b)       the proposed revised by-law attached as Appendix “B” BE INTRODUCED at the Municipal Council meeting to be held on September 5, 2017 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 lands FROM an Open Space (OS4) Zone and a Holding Open Space (h-2-OS4) Zone and an Environmental Review (ER) Zone and an Agricultural (AG1) Zone TO an Open Space Special Provision (OS2()) Zone and an Open Space (OS5) Zone and a Holding Open Space Special Provision (h-18-OS5()) Zone and an Open Space (OS5(**)) Zone and a Holding Agricultural Special Provision (h-18-AG1(*)) Zone;   c)       pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN as the proposed amendment to the by-law is minor in nature;”.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor H.L. Usher

Approve clause 11, as amended.

Motion Passed

Motion Passed

12.   Property located at

2603 Holbrook Drive - Application for Vacant Land Condominium  (39CD-17504/SPA17-013)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the application of Sifton Properties Limited, relating to the lands located at 2603 Holbrook Drive:   a)         the Approval Authority BE ADVISED that no issues were raised at the public meeting with respect to the application for Draft Plan of Vacant Land Condominium relating to the property located at 2603 Holbrook Drive; and,   b)         the Approval Authority BE ADVISED that no issues were raised at the public meeting with respect to the Site Plan Approval application relating to the property located at 2603 Holbrook Drive;   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 these matters.   (2017-D07)

13.   Property located at

2810 Sheffield Place - Application for Vacant Land Condominium  (39CD-17503/SPA17-026)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the application of Sifton Properties Limited relating to the lands located at 2810 Sheffield Place:   a)         the Approval Authority BE ADVISED that issues were raised at the public meeting with respect to the application for Draft Plan of Vacant Land Condominium relating to the property located at 2810 Sheffield Place relating to the height of the proposed buildings; and,   b)         the Approval Authority BE ADVISED that issues were raised at the public meeting with respect to the Site Plan Approval application relating to the property located at 2810 Sheffield Place relating to the removal of mature trees;   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 these matters.   (2017-D09)

14.   Amendments to the

Official Plan and Zoning By-law - Lands Located West of Hamilton Road and North of Commissioners Road East (Relates to Bill Nos. 397 and 408)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the application by the City of London, relating to Official Plan and Zoning By-law Amendments to delete the future Primary Collector road classification over lands located west of Hamilton Road and north of Commissioners Road East (1691 Hamilton Road, 1733 Hamilton Road, 1964 Commissioners Road East and 2046 Commissioners Road East):   a)         the proposed by-law appended to the staff report dated August 28, 2017 as Appendix “A” BE INTRODUCED at the Municipal Council meeting to be held on September 5, 2017 to amend the City of London Official Plan to delete the road classification of future Oriole Drive as a “Primary Collector”, as shown on Schedule ‘C’ – Transportation Corridors Map;   b)         the proposed by-law appended to the staff report dated August 28, 2017 as Appendix “B” BE INTRODUCED at the Municipal Council meeting to be held on September 5, 2017 to amend the City of London Zoning By-law Z.-1, (in conformity with the Official Plan, as amended in Part a) above), to delete the “Primary Collector” street classification over lands located west of Hamilton Road and north of Commissioners Road East (identified as Street ‘C’ in Draft Plan of Subdivision File No. 39T-13502) in Section 4.21 Road Allowance Requirements – Specific Roads; and,   c)         the Land Use Concept for the Old Victoria Area Plan BE MODIFIED by deleting the “Future Road Crossing” of the open space and stream corridor lands located west of Hamilton Road and north of Commissioners Road East; and by changing the Primary Collector to a local street;   it being noted that modifications to Map 3 – Street Classifications in The London Plan reflecting the amendments as recommended in part a) above, will be undertaken by the Civic Administration and will be brought forward to Municipal Council as part of a future comprehensive review;   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 these matters;   it being further noted that the Municipal Council approves this application for the following reasons:   -                     the recommended amendments are based on a City-initiated review of the future “Primary Collector” road alignment through the easterly portion of the Old Victoria Area Plan.  The current configuration of the road alignment crosses a ravine which has been identified as a natural heritage feature consisting of a stream corridor and local wetland; -                     avoiding the crossing will eliminate environmental impacts on the ravine and wetland feature.  A local road connection outside of the open space and ravine lands has been identified, and would eliminate the need for a road crossing as well as maintaining neighbourhood connectivity; and, -                     the recommended Official Plan and Zoning By-law Amendments and modifications to the Old Victoria Area Plan are considered appropriate, and consistent with the Official Plan and Provincial Policy Statement.   (2017-D09)

15.   Property located at

639 York Street (Z-8787) (Relates to Bill No. 409)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of 2367698 Ontario Inc. relating to the property located at 639 York Street:   a)         the attached, revised, proposed by-law BE INTRODUCED at the Municipal Council meeting on September 5, 2017 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Restricted Service Commercial (RSC2/RSC4/RSC5) Zone TO a Restricted Service Commercial Special Provision (RSC2/RSC4(*)/RSC5) Zone;   b)         the Site Plan Approval Authority BE REQUESTED to consider the following design issues through the site plan process:   i)          ensure that the proposed redevelopment includes high quality design with regards to massing, scale, materials and relationship of the building with the street and surrounding buildings, and substantively implements the site plan and elevations appended to the staff report dated August 28, 2017 as Appendix “B”; ii)         ensure that the proposed building addition is located between the existing building and the York Street Right-of-Way in order to establish a building line close to the street; iii)         ensure that the portion of the building located along the York Street frontage is oriented to the street and includes active ground floor uses with a high percentage of transparent glazing in order to enhance the pedestrian environment; iv)        ensure that the principle entrance into the building and/or the principle entrance into a ground floor unit is located on the north façade facing York Street or on the west façade near the northwest corner of the building in order to activate the street edge; v)         include a walkway from the principle building entrance to the City sidewalk along York Street; vi)        design the parking area east of the driveway entrance as a shared space forecourt (a seamless space between building faces, the City sidewalk and the drive isle entrance, using alternative paving) with benches, trees and bike racks in order to reduce the amountof asphalt and create an inviting space in front of the building; vii)       ensure that the parking, loading and garbage area east of the proposed building addition is designed using alternative paving (concrete, pavers, etc…) and screened landscaping in order to reduce the visibility of these functions from York Street; viii)       include a combination of low masonry walls (up to a maximum of 0.75m in height) and landscaping along the York Street frontage (west of the drive isle) where parking is visible from the street in order to screen this function and to establish a built edge along the street; and, ix)        include an urban treatment between the proposed 3 storey addition and the sidewalk with hardscape, landscaping, street furniture, etc… in order to enhance the pedestrian realm; and,   c)         pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN as the proposed amendments to the by-law are minor in nature;   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 these matters;   it being further noted that the Municipal Council approves this application for the following reasons:   -                     the recommended action is consistent with, and will serve to implement, the policies of the Provincial Policy Statement, 2014, particularly as those policies pertain to the efficient use of land, regeneration, economic development and community investment-readiness; -                     the recommended Zoning By-law amendment to add a public utility use to the list of permitted uses in the Restricted Service Commercial (RSC4) Zone is consistent with, and will serve to implement, the public service and utility policies of the City of London Official Plan; -                     the recommended Zoning By-law amendment to establish site-specific development regulations to the Restricted Service Commercial (RSC4) Zone to provide for the redevelopment of the site is consistent with, and will serve to implement, the Auto-Oriented Commercial Corridor policies of the City of London Official; and, -                     the recommended Zoning By-law amendment will provide for the adaptive re-use and redevelopment of a site in a manner that is consistent with, and will serve to implement, the urban design policies of the City of London Official Plan.  (2017-D09)

16.   Review of Impacts

from Industrial Sources (Focus on Odour) and Potential Municipal Actions (Primarily South of Highway 401)

That, on the recommendation of the Managing Director, Development & Compliance Services and Chief Building Official and the Managing Director, Environmental & Engineering Services and City Engineer, the following actions be taken with respect to current and potential odour challenges from waste management facilities near the communities of Brockley, Shaver and Glanworth:   a)         Toronto Municipal Council, York Regional Council and the Minister of Environment & Climate Change (MOECC) BE ADVISED, by the Mayor on behalf of London Municipal Council, that the City of London is requesting action or further action with respect to odour challenges that City of London residents are experiencing arising from selected waste management and industrial facilities located in south London;   b)         Orgaworld Canada Ltd. BE REQUESTED to reinitiate its Public Liaison Committee, or another form of community engagement, in order to facilitate further discussion and to strengthen its relationship with area residents;   c)         the Middlesex-London Health Unit (MLHU) BE REQUESTED to provide a health opinion on odours from waste management facilities like those located in south London (i.e., composting, anaerobic digestion, landfill) by September 30, 2018;   d)         a City of London webpage BE CREATED for the purpose of making available local MOECC public information and statistics dealing with odours and related matters from selected waste management and industrial facilities in south London, for a two-year period; e)         the MOECC BE REQUESTED to provide an annual update on selected waste  management and industrial facilities in south London, for a two-year period;   f)         the Provincial Government’s local MOECC compliance activities with respect to waste management and industrial facilities in south London BE ENHANCED through direct funding from the City of London, for a two-year period;   g)         the source of funding for the MOECC’s enhanced compliance activities noted in f), above, BE APPROVED up to a maximum of $90,000 per year for two years from the Sanitary Landfill Site Reserve Fund; it being noted that the draw from the Reserve Fund may not be required should the service area generate a surplus position at year end;   h)         a Pilot Project (May to August 2018) BE IMPLEMENTED by the City of London in order to test an odour detection device to enhance its monitoring capabilities and/or facilitate the imposition of charges for non-compliance;   i)          the source of funding for the Pilot Project noted in h), above, BE APPROVED at a cost of $20,000 from the Sanitary Landfill Site Reserve Fund; it being noted that the draw from the Reserve Fund may not be required should the service area generate a surplus position at year end;   j)          City of London procurement and contract management processes BE ENHANCED to include specific requirements addressing odours and other considerations for processing food and organic waste;   k)         the Civic Administration BE DIRECTED to report back at a future meeting of the appropriate Standing Committee on matters associated with the actions identified above;   l)          the Civic Administration BE AUTHORIZED to undertake all other administrative acts that are necessary in connection with this matter; and,   m)       the Civic Administration BE DIRECTED to report back to with proposed amendments to the City of London’s Nuisance By-law to address the odor concerns raised by the public, including information with respect to additional resources that may be required to enforce the By-law;   it being noted that the Planning and Environment Committee reviewed and received the following communications with respect to this matter:   -                     a communication dated August 25, 2017, from B. Moffatt, StormFisher Environmental Ltd.; and, -                     a communication from R.-L. Gillis, 2753 Dingman Drive;   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 these matters.   (2017-R01)

Motion Passed

Motion Passed

17.   Property located at

723 Lorne Ave. (Lorne Avenue Public School) - Demolition Request

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 designated property at 723 Lorne Avenue:   a)         the demolition of the Lorne Avenue Public School located at 723 Lorne Avenue BE PERMITTED; and,   b)         the following items appended to the staff report dated August 28, 2017 in Appendix C BE REMOVED from the building prior to its demolition and BE INCORPORATED into a future park space at the site with appropriate commemoration/interpretation:   i)          the school bell; and, ii)         aluminum lettering currently affixed to the north façade of the building;   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 these matters.   (2017-R01)

18.   Properties located

at 36 and 40 York Street - Demolition Request

That, on the recommendation of the Managing Director, Planning & City Planner, with the advice of the Heritage Planner, the Chief Building Official BE ADVISED that Municipal Council permits the demolition of the buildings located at 36 and 40 York Street in the Downtown Heritage Conservation District pursuant to Section 42(1) of the Ontario Heritage Act subject to the following terms and conditions:   a)       the proposed development concept outlined in the Urban Design Brief dated July 18, 2017 (as subsequently revised – August 8, 2017) BE ENDORSED in principle, and details be refined and BE SUBMITTED as part of a complete Heritage Alteration Permit application with approval authority delegated to the City Planner;   b)       the applicant BE REQUIRED to post a bond or provide a certificate of insurance as a guarantee that adjacent buildings will be protected during demolition and construction;   c)       the applicant BE REQUESTED to acknowledge the historic associations of 36 York Street in the proposed development of the site through interpretive signage or some other manner, at a location(s) visible and accessible to the public; and,   d)       prior to demolition, photographic documentation of exterior details of the existing buildings BE COMPLETED by the applicant and submitted to Planning Services;   it being noted that no individuals spoke at the public participation meeting associated with this matter.   (2017-P10D-R01)

22.   Enforcement  Unassumed

Subdivisions

That the Managing Director, Development and Compliance Services and Chief Building Official BE DIRECTED to report back to the Planning and Environment Committee with respect to recommended changes to our current subdivision and development agreements and enforcement processes to ensure compliance:   a)         a plan to better meet the needs of residents living in developing and unassumed subdivisions with enhancements to the process for submitting development and property standards complaints/issues/concerns (including better communication with residents);   b)         measures to move to a more proactive model of enforcement of common and reoccurring subdivision agreement and property standards concerns from residents in and near developing areas;   c)         suggestions for any new wording in standard subdivision and development agreements that would support a) and b) above;   d)         a strategy to address the significant increased demand for building permit processing and building/development inspections; and,   e)         the costs related to a), b), c) and d) above, and suggested sources of financing;   it being noted that the Planning and Environment Committee reviewed and received the following communications with respect to this matter:   -           a communication from D. MacRae, 2129 Wateroak Drive; -           a communication from The Comrie Family, 2015 Foxwood Avenue; -           a communication dated August 24, 2017 from the Huber Family, 2202 Coronation Drive; -           a communication from L.C. Kemp, Kemp Land Agency Services Inc., 1831 Dalmagarry Road; -           a communication dated August 24, 2017, from P. Smith, 1131 Lawson Road; -           a communication from K. Manson, by e-mail; -           a communication from J. and R. Black, 2100 Denview Avenue; -           a communication from S. Beaumont, by e-mail; -           a communication from N. Spearing, Board of MVLCC 611; -           a communication from the DiCarolos, by e-mail; -           a communication from G. and C. Daubs, 1036 Aldersbrook Road; -           a communication from A. Hall, 360 Rivertrace Close; and, -           a communication from J. and K. Rouselle.    (2017-P01)

24.   8th Report of the

Trees and Forests Advisory Committee

That the following actions be taken with respect to the 8th Report of the Trees and Forests Advisory Committee from its meeting held on July 26, 2017:   a)         the following actions be taken with respect to tree planting under hydro lines:   i)          the Civic Administration BE REQUESTED to make a presentation to the Trees and Forests Advisory Committee on the site plan approval process for tree planting and landscape plans;   ii)         part ii) BE RECEIVED; it being noted that part ii) reads as follows:   “ii)                    the Civic Administration BE REQUESTED to consider incorporating the “Planting Under or Around Power Lines and Electrical Equipment Standards”, produced by the Electrical Safety Authority, to ensure the right trees are planted in the right spots with respect to tree planting under and around hydro lines;”   iii)         part iii) BE REFERRED to the Managing Director, Planning and City Planner for consideration; it being noted that part iii) reads as follows:   “iii)       a working group of appropriate stakeholders including members of the Trees and Forests Advisory Committee BE ESTABLISHED to review and report back with respect to tree planting processes;”   it being noted that a presentation from T. Arnos, Sustainability and Environment Supervisor, London Hydro, with respect to tree planting under hydro lines, was received; and,   b)         clauses 1 to 6 and 8, BE RECEIVED.

Motion Passed

Motion Passed

19.   Property located at

440 Grey Street - Demolition Request

That, the request for the demolition of a heritage listed property located at 440 Grey Street BE POSTPONED to the September 11, 2017 Planning and Environment Committee to provide the London Advisory Committee on Heritage an opportunity to prepare a Statement of Significance for the subject property;   it being noted that the Planning and Environment Committee reviewed and received a communication dated August 21, 2017 from C. L., by e-mail, with respect to this matter;   it being noted that no individuals spoke at the public participation meeting associated with this matter.  (2017-R01)

Motion Passed

Motion Passed

20.   Properties located

at 598, 600, 604 and 608 Springbank Drive (SPA17-028)

That on the recommendation of the Manager, Development Planning, the following actions be taken with respect to the site plan approval application relating to the property located at 598, 600, 604 and 608 Springbank Drive:   a)         the Approval Authority BE ADVISED that issues were raised at the public meeting with respect to the application for Site Plan approval to permit the construction of a 13 storey apartment building with 101 residential units relating to the site plan being different than the site plan approved by Council in 2015;   b)         the Approval Authority BE ADVISED that  large caliper trees be planted along the southerly portion of the property and lighting be directed away from adjacent land uses and be contained on the site; and,   c)         the Approval Authority BE ADVISED that the Municipal Council supports the Site Plan application;   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 these matters.    (2017-D11)

Moved by Councillor A. Hopkins

Seconded by Councillor V. Ridley

Approve an amendment to add a new part d), as follows:   “d)       the Civic Administration BE DIRECTED to consider the planting of appropriate trees along the boulevard;”

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor V. Ridley

Approve clause 20, as amended.

Motion Passed

Motion Passed

21.   Properties located

at 32, 36 and 40 York Street and Part of 330 Thames Street (OZ-8789) (Relates to Bill No. 410)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of The Tricar Group relating to the properties located at 32, 36, and 40 York Street and part of 330 Thames Street:   a)         the attached, revised, proposed BE INTRODUCED at the Municipal Council meeting to be held on September 5, 2017, 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-3-DA2-D350) Zone TO a Downtown Area Bonus (DA2-D350-B()-(B**)) Zone and an Open Space Special Provision (OS4()) Zone subject to the completion of a development agreement which substantively implements the Site Plan, Landscape Plan, Elevations, Renderings and Floor Plans appended to the staff report dated August 28, 2017 as Schedule “1” or Schedule “2” to the amending by-law;   i)          the Bonus B() Zone shall provide for a mixed use building with approximately 805 sq. m of commercial space within the podium base of the building and a residential tower ranging from 10-storeys to 24-storeys in height (maximum 80 meters) with a maximum density of 414 units per hectare. The building will include residential units within the podium base and commercial space at ground-level within the podium base of the building along Thames Street and York Street. The development design will include 2-levels of underground parking and 2-levels of above-ground parking contained within the building. The proposed development shall be implemented through one or more agreements in return for the provision of the following services, facilities and matters:   A)         Exceptional Site and Building Design   specifically the building design shown in the various illustrations contained in Schedule “1” of the amending by-law, is being bonused for the following features which serve to support the City’s objectives of promoting a high standard of design for buildings constructed in prominent locations such as the Downtown, as outlined in Chapter 11 of the Official Plan and the Downtown Design Guidelines:   Overall Design   a contemporary architectural design that uses varied cladding materials in high contrast colours to provide visual interest and to define different building elements. The materials will include brick, window walls (with vision glass), spandrel glass and etched glass as the primary form of cladding on the podium base on the southerly façade (York Street) and westerly façade (Thames Street); and brick and precast concrete as the primary form of cladding on the podium base on the northerly and easterly facades; and window walls (with vision glass), spandrel glass and precast concrete as the primary form of cladding on the tower. The development will be designed to incorporate one or more references to the history and heritage associated with the property (for example, etched glass renderings of the historic streetscape at this location, interpretative signage, or other such features);   Podium Base Design   I)             a podium base up to 3-storeys in height to provide a pedestrian-friendly scale at ground-level and a continuous street-wall façade along the southerly (York Street) façade; II)            varied parapet heights on the podium base to divide the mass of the podium base and highlight pedestrian and vehicular entrances; III)          the use of brick and coloured etched glass sympathetic to the traditional material and/or colour palette of the Downtown Heritage Conservation District; and a pattern of recurring sections of brick and window-walls with vertically-oriented mullions to divide the mass of the podium base sympathetic to the rhythm and verticality of historic commercial facades of the Downtown Heritage Conservation District; IV)          the use of window walls (with vision glass) and separate and direct pedestrian entrances to commercial space at ground-level along the southerly (York Street) façade and the westerly (Thames Street) façade to animate the pedestrian realm;   Tower Design   I)             the use of tempered glass balcony railings and pre-cast concrete balcony columns set back to reduce the visual impact of the tower and building as a whole;   Cap Design   I)             mechanical and elevator penthouse enclosures that are architecturally integrated into the design of the tower in order to provide for a sculpted building cap that is visually interesting and contributes positively to the Downtown London skyline; II)           a horizontal projecting canopy that will provide for visual interest and define the top of the building; and, III)          rooftop lighting that provides a distinguishable landmark in the night-time skyline;   B)           Site Landscaping   I)             a high quality urban landscaped space within the yard setback along York Street and the yard setback and Open Space lands along Thames Street, including shade trees along York Street and Thames Street; II)            the landscape space within the yard setback and Open Space lands along Thames Street will include a common amenity space with a masonry wall and foundation plantings, a paver stone pedestrian walkway to Thames Street and concrete pedestrian walkway to the sidewalk on York Street; and, III)          a green roof on portions of the podium base rooftop area to reduce stormwater run-off and the urban heat island effect and to provide for visual amenity of residents; and an outdoor amenity space on the podium base rooftop area at the northwest corner of the building, and on the rooftop area of the 10-storey portion of the tower;   C)        Parking Strategy   I)             A minimum of 108 unground parking spaces;   D)        a contribution towards a Downtown River project for an identified component in the amount of $100,000 to be provided at the time of site plan approval.   ii)             the Bonus B(**) Zone shall provide for a mixed use building with approximately 318 sq. m of commercial space within the podium base of the building and a residential tower ranging from 10-storeys to 24-storeys in height (maximum 80 meters) with a maximum density 534 units per hectare. The building will include residential units within the podium base and commercial space at ground-level within the podium base of the building along York Street. The development design will include 2-levels of underground parking and 2-levels of above-ground parking contained within the building. The proposed development shall be implemented through one or more agreements in return for the provision of the following services, facilities and matters:   A)           Exceptional Site and Building Design   specifically the building design shown in the various illustration contained in Schedule “2” of the amending by-law, is being bonused for the following features which serve to support the City’s objectives of promoting a high standard of design for buildings constructed in prominent locations such as the Downtown, as outlined in Chapter 11 of the Official Plan and the Downtown Design Guidelines:   Overall Design   a contemporary architectural design that uses varied cladding materials in high contrast colours to provide visual interest and to define different building elements. The materials will include brick, window walls (with vision glass), spandrel glass and etched glass as the primary form of cladding on the podium base on the southerly façade (York Street) and westerly façade (Thames Street); and brick and precast concrete as the primary form of cladding on the podium base on the northerly and easterly facades; and window walls (with vision glass), spandrel glass and precast concrete as the primary form of cladding on the tower. The development will be designed to incorporate one or more references to the history and heritage associated with the property (for example, etched glass renderings of the historic streetscape at this location, interpretative signage, or other such features);   Podium Base Design   I)             a podium base up to 3-storeys in height to provide a pedestrian-friendly scale at ground-level and a continuous street-wall façade along the southerly (York Street) façade; II)            varied parapet heights on the podium base to divide the mass of the podium base and highlight pedestrian and vehicular entrances; III)          the use of brick and coloured etched glass sympathetic to the traditional material and/or colour palette of the Downtown Heritage Conservation District; and a pattern of recurring sections of brick and window-walls with vertically-oriented mullions to divide the mass of the podium base sympathetic to the rhythm and verticality of historic commercial facades of the Downtown Heritage Conservation District; and, IV)          the use of window walls (with vision glass) and separate and direct pedestrian entrances to commercial space at ground-level along the southerly (York Street) façade to animate the pedestrian realm;   Tower Design   I)             the use of tempered glass balcony railings and pre-cast concrete balcony columns set back to reduce the visual impact of the tower and building as a whole;   Cap Design   I)             mechanical and elevator penthouse enclosures that are architecturally integrated into the design of the tower in order to provide for a sculpted building cap that is visually interesting and contributes positively to the Downtown London skyline; II)            a horizontal projecting canopy that will provide for visual interest and define the top of the building; and, III)          rooftop lighting that provides a distinguishable landmark in the night-time skyline;   B)               Site Landscaping   I)             a high quality urban landscaped space within the yard setback along York Street, including shade trees; II)            a green roof on portions of podium base rooftop area to reduce stormwater run-off and the urban heat island effect and to provide for visual amenity of residents; and an outdoor amenity space on the podium base rooftop area at the northwest corner of the building, and on the rooftop area of the 10-storey portion of the tower;   C)        Parking Strategy   a minimum of 101 unground parking spaces.   D)        a contribution towards a Downtown River project for an identified component in the amount of $150,000 to be provided at the time of site plan approval; and,   E)        a contribution towards the Downtown Heritage Conservation District in the amount of $100,000 to be provided at the time of site plan approval;   b)            the Site Plan Approval Authority BE REQUESTED to consider the implementation of the facilities, services, and matters described in the part a) above through the site plan approval process, as well as, any of the following wind control strategies for the southwest corner of the building: use coniferous or marcescent landscaping in place of deciduous landscaping, increase the overhead canopy depth at the southwest corner of the building to 2.0 m and extend it at least 5.0 meters along the westerly façade; or add an overhead trellis of at least 50% solid coverage, between the proposed development and the existing commercial building at 24 York Street; and,   c)            pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN in respect of the proposed by-law as the regulations for building setbacks and lands proposed to be zoned Open Space Special Provision (OS4()) implement a building design that is consistent with the development design circulated with the Notices of Application and Public Meeting;   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 these matters;   it being further noted that the Municipal Council approves this application for the following reasons:   -                     the recommended amendment is consistent with the Provincial Policy Statement, 2014, which promotes intensification and redevelopment in strategic locations to minimize land consumption and servicing costs and provide for a range of housing types and densities to meet projected requirements of current and future residents; -                     the recommended amendment conforms to the City of London Official Plan and supports the objectives of the Downtown Area designation, which encourage growth in the residential population of the Downtown through high-density residential development and design features which serve to enhance the pedestrian environment. The recommended amendment will also restrict development where flood hazards exist in conformity with the policy direction in the Official Plan; -                     the recommended amendment is consistent with the policy direction in The London Plan regarding permitted uses, intensity of development and form within the Downtown Place Type, and the priority placed on the pedestrian experience in The London Plan; -                     the recommended amendment is consistent with the Our Move Forward: London’s Downtown Plan and the strategic directions to “Reconnect to the Thames River”, “Forge connections with the downtown neighbourhoods”, “Green the downtown”, “Build great neighbourhoods”, and “Create buzz”; and will support the development of the Forks of the Thames as a transformational project; -                     the recommended amendment will facilitate an enhanced form of development which includes an architecturally defined podium-base, tower-middle and building cap, with the podium-base enhancing the animation the streetscape and pedestrian environment; the tower-middle reducing the visual impact of the tower and building as a whole, and a visually attractive cap which screens all mechanical elements and contributes positively to the City skyline; -                     the recommended amendment will allow for the proposed development including the required increase in density and the required reduction in the setback for the residential component of the building through bonus zones. The bonus zones require the ultimate form of development to be consistent with the Site Plans, Landscape Plans, Elevations, Renderings and Floor Plans appended to the amending by-law; -                     the recommended bonus zones provide for a maximum density of 414 units per hectare including the southerly part of 330 Thames Street, but excluding the lands proposed to be zoned OS4; and an increased maximum density of 534 units per hectare excluding the southerly part 330 Thames Street in return a series of design related matters and contributions in accordance with section 19.4.4 of the Official Plan; and, -                     the recommended amendment is consistent with the general intent and policies in the Downtown Heritage Conservation District Plan and other relevant Council approved documents which provide direction for development in the Downtown.    (2017-D09)

Moved by Councillor T. Park

Seconded by Councillor J. Helmer

Approve that clause 21 be amended as follows:   a)         in part a) i) B) III) by removing the word “northwest” and by replacing it with the word “southwest”; and   b)         in part a) ii) B) II) by removing the word “northwest” and by replacing it with the words “southwest”.

Motion Passed

Motion Passed

Moved by Councillor P. Hubert

Seconded by Councillor T. Park

Approve clause 21, as amended.

Motion Passed

Motion Passed

23.   Definition of

Supervised Injection Sites

That the Managing Director, Planning and City Planner BE DIRECTED to examine the use definition of supervised injection sites in the Zoning By-law and how this will be distinguished from the broader Zoning By-law use “clinic”;   it being noted that the Planning and Environment Committee reviewed and received the following communications with respect to this matter:   -                     a communication dated August 11, 2017 from J. Pastorius, Manager, Old East Village BIA; and, -                     a communication dated July 28, 2017 from J. MacDonald, CEO and General Manager, Downtown London.    (2017-S08)

Motion Passed

Motion Passed

Moved by Councillor H.L. Usher

Approve clauses 1, 2 and 4.

IX.   ADDED

REPORTS

X.   DEFERRED

MATTERS

XI.   ENQUIRIES

XII.   EMERGENT

MOTIONS

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

Moved by Councillor S. Turner

Seconded by Councillor V. Ridley

Approve Introduction and First Reading of Bill No.’s 391, 393 to 406, the revised Bill No. 407, and Bill No.’s 408, 409 and 411.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor J. Helmer

Approve Second Reading of Bill No.’s 391, 393 to 406, the revised Bill No. 407, and Bill No.’s 408, 409 and 411.

Motion Passed

Motion Passed

Moved by Councillor A. Hopkins

Seconded by Councillor B. Armstrong

Approve Third Reading and Enactment of Bill No.’s 391, 393 to 406, the revised Bill No. 407, and Bill No.’s 408, 409 and 411.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor P. Hubert

Approve Introduction and First Reading of Bill No. 392.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor T. Park

Approve Second Reading of Bill No. 392.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor A. Hopkins

Approve Third Reading and Enactment of Bill No. 392.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor T. Park

Approve Introduction and First Reading of Bill No. 410.

Motion Passed

Motion Passed

Moved by Councillor J. Helmer

Seconded by Councillor V. Ridley

Approve Second Reading of Bill No. 410.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor V. Ridley

Approve Third Reading and Enactment of Bill No. 410.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT