July 15, 2020, at 4:00 PM

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1.   Disclosures of Pecuniary Interest

That it BE NOTED that Councillor M. Cassidy disclosed a pecuniary interest in clauses 2.1 and 3.5 of this Report, having to do with the property located at 307 Fanshawe Park Road East, by indicating that her family owns property in the area.

2.   Consent

2.1   Request for Council Resolution, under section 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 - 307 Fanshawe Park Road East 

2020-07-15 SR Request for Council Resolution - 307 Fanshawe Park Rd E

2020-07-15 SR Request for Council Resolution - 307 Fanshawe Park Rd E - Appendix

Moved by J. Helmer

Seconded by A. Hopkins

That, the following actions be taken with respect to the property located at 307 Fanshawe Park Road East:

a) on the recommendation of the City Clerk, the report dated July 15, 2020 and entitled “Request for Council Resolution, under section 45(1.4) of the Planning Act, 1990, c. P.13 - 307 Fanshawe Park Road East” BE RECEIVED for information; and,

b) the Managing Director, Development and Compliance Services and Chief Building Official BE AUTHORIZED to accept a Minor Variance application for the purpose of amending the definition of Stacked Townhouse relating to the property located at 307 Fanshawe Park Road East.

Motion Passed (5 to 0)

Additional Vote:

Moved by A. Hopkins

Seconded by J. Helmer

That D. Hannam, Zelinka Priamo Ltd., BE GRANTED delegation status relating to the request for a minor variance application for the property located at 307 Fanshawe Park Road East.

Motion Passed (5 to 0)

3.   Scheduled Items

3.1   London Plan Housekeeping Amendment (O-9173)

2020-07-15 SR - London Plan Housekeeping Amendment

Moved by J. Helmer

Seconded by S. Turner

That, on the recommendation of the Director, City Planning and City Planner, with respect to the proposed amendment to The London Plan to correct errors and omissions and to add Council-approved, in-force amendments to the 1989 Official Plan to The London Plan, the proposed by-law appended to the staff report dated July 15, 2020 BE INTRODUCED at the Municipal Council meeting to be held on July 21, 2020 to amend various policies of The London Plan to correct errors and omissions and to add Council-approved amendments to the 1989 Official Plan to The London Plan;

it being noted that no individuals spoke at the public participation meeting associated with this matter;

it being further noted that the Municipal Council approves this application as the purpose and effect of the amendment is to improve clarity and consistency in policies and mapping throughout The London Plan. It will further recognize planning decisions that have been made since the approval of The London Plan but have not been implemented in the Plan due to the status of appeals, which did not allow City Council the ability to make amendments to appealed portions of the Plan.

Motion Passed (6 to 0)

Additional Votes:

Moved by A. Hopkins

Seconded by S. Turner

Motion to open the public participation meeting.

Motion Passed (6 to 0)

Moved by E. Holder

Seconded by A. Kayabaga

Motion to close the public participation meeting.

Motion Passed (6 to 0)

3.2   Amend Section 4.11 (Household Sales) in Zoning By-law Z-1 (Z-9166)

2020-07-15 SR - Amend Section 4.11 of Zoning By-law (Z-9166)

Moved by A. Hopkins

Seconded by A. Kayabaga

That, on the recommendation of the Director, City Planning and City Planner, based on the application by The Corporation of the City of London, relating to a City-wide review to permit the sale of agricultural products grown on a premises, the proposed by-law appended to the staff report dated July 15, 2020 BE INTRODUCED at the Municipal Council meeting to be held on July 21, 2020 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to amend Section 4.11(Household Sales) to permit the sale of agricultural products;

it being noted that no individuals spoke at the public participation meeting associated with this matter;

it being further noted that the Municipal Council approves this application for the following reasons:

  • the recommended amendment to Zoning By-law Z.-1 is consistent with the Provincial Policy Statement (2014);

  • the recommended amendment to Zoning By-law Z.1 conforms to the 1989 Official Plan and to The London Plan, including the policies of the Food Systems chapter, and provides for appropriate uses on these sites;

  • the recommended amendment to Zoning By-law Z-1 will allow sales of agricultural products from premises that have a dwelling unit;

  • the zoning by-law amendment helps implement one of the goals of the Urban Agriculture Strategy to make fresh produce more available to the general public; and,

  • the recommended amendment to Zoning By-law Z.-1 will allow the sale of agricultural products grown on properties located within the Urban Growth Boundary to be sold by residents on the property.

Motion Passed (6 to 0)

Additional Votes:

Moved by A. Kayabaga

Seconded by A. Hopkins

Motion to open the public participation meeting.

Motion Passed (6 to 0)

Moved by A. Kayabaga

Seconded by S. Turner

Motion to close the public participation meeting.

Motion Passed (6 to 0)

3.3   Part of 65 Brisbin Street (Z-9195)

2020-07-15 SR - 65 Brisbin Street Z-9195

2020-07-15 Public Comments 3.3

Moved by S. Turner

Seconded by E. Holder

That, on the recommendation of the Director, Development Services, the following actions be taken with respect to the application by The Corporation of the City of London, relating to a part of the property located at 65 Brisbin Street:

a) Consistent with Policy 43_1 of The London Plan, the subject lands, representing a part of 65 Brisbin Street, BE INTERPRETED to be located within the Neighbourhoods Place Type; and,

b) the proposed by-law appended to the staff report dated July 15, 2020 BE INTRODUCED at the Municipal Council meeting to be held on July 21, 2020 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM an Open Space (OS1) Zone TO a Residential R2 (R2-2) Zone;

it being pointed out that at the public participation meeting associated with these matters, 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 proposed amendment is consistent with the Provincial Policy Statement, 2020;

  • the proposed amendment conforms to the in-force policies of The London Plan;

  • the proposed amendment conforms to the in-force policies of 1989 Official Plan;

  • the proposed amendment represents good planning and removes a land use conflict between 81 Brisbin Street and 83 Brisbin Street; and,

  • the proposed amendment facilitates functional improvements to the residential use at 81 Brisbin Street.

Motion Passed (6 to 0)

Additional Votes:

Moved by S. Turner

Seconded by A. Hopkins

Motion to open the public participation meeting.

Motion Passed (6 to 0)

Moved by S. Turner

Seconded by A. Kayabaga

Motion to close the public participation meeting.

Motion Passed (6 to 0)

3.4   1146-1156 Byron Baseline Road (Z-9172)

2020-07-15 SR - 1146-1156 Byron Baseline Road - Z-9172

2020-07-15 Revised By-law 1146-1156 Byron Baseline Road - Z-9172

2020-07-15 Public Comments 3.4

Moved by S. Turner

Seconded by J. Helmer

That, on the recommendation of the Director, Development Services, based on the application by 2186121 Ontario Inc., relating to the property located at 1146-1156 Byron Baseline Road:

a) the revised, attached, proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on July 21, 2020 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 R1 (R1-7) Zone TO a Holding Residential R5 Special Provision (h-5h-183R5-7(_)) Zone;

it being noted that the following Site Plan matters have been raised through the application review process for consideration by the Site Plan Approval Authority:

i) enhanced provision of boundary landscaping along the east, west, and south property boundaries that not only exceed the standards of the Site Plan Control By-law but also has screening/privacy qualities;

ii) location of a deep well waste storage system outside of the easement area;

iii) building orientation towards Byron Baseline Road;

iv) parking lot design, including landscape islands and generous separation between the parking lot and easterly property line;

v) provision of an adequately-sized outdoor amenity area in a central location; and,

vi) the retention of as many trees on the property as possible;

it being pointed out that at the public participation meeting associated with these matters, 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, 2020, which encourages the regeneration of settlement areas and land use patterns within settlement areas that provide for a range of uses and opportunities for intensification and redevelopment. The PPS directs municipalities to permit all forms of housing required to meet the needs of all residents, present and future;

  • the recommended amendment conforms to the in-force policies of The London Plan, including but not limited to the Key Directions and Neighbourhoods Place Type;

  • the recommended amendment conforms to the in-force policies of the 1989 Official Plan, including but not limited to the Low Density Residential designation; and,

  • the recommended amendment facilitates the development of a vacant, underutilized site within the Built-Area Boundary with an appropriate form of infill development.

Motion Passed (5 to 1)

Additional Votes:

Moved by S. Turner

Seconded by A. Hopkins

Motion to open the public participation meeting.

Motion Passed (6 to 0)

Moved by E. Holder

Seconded by S. Turner

Motion to close the public participation meeting.

Motion Passed (6 to 0)

Moved by A. Hopkins

Seconded by E. Holder

Motion to change the order of business pursuant to Section 27.6 of the Council Procedure By-law to deal with Item 4.1 prior to Item 3.5.

Motion Passed (6 to 0)

3.5   307 Fanshawe Park Road East (SPA20-029)

2020-07-15 SR - 307 Fanshawe Park Rd E SPA20-029

2020-07-15 Public Comments 3.5

Moved by A. Hopkins

Seconded by E. Holder

That, on the recommendation of the Director, Development Services, the following actions be taken with respect to the application by 1423197 Ontario Inc., relating to the property located at 307 Fanshawe Park Road East:

a) the Approval Authority BE ADVISED that the following issues were raised at the public participation meeting with respect to the application for Site Plan Approval to facilitate the construction of the proposed residential development:

i)  tree and hedge preservation;

ii) concerns over the lack of privacy;

iii) the size and location of the proposed snow storage sheds;

iv)  the proposed central amenity space;

v) the location and number of parking spots;

vi) the mass, setbacks and form of the proposed development;

vii) water runoff onto neighbouring properties;

viii) sewage being diverted to Camden Place instead of Fanshawe Park Road East;

vii) encroachments to the setbacks;

viii) lighting concerns;

ix) fencing inquiries;

x)  a request for a board-on-board fence around the entire development; and,

xi)  vehicular access to the site;

b) the Approval Authority BE ADVISED that Municipal Council supports the Site Plan Application SUBJECT TO the trees 6, 14, 21, 31, 36 and 60 specifically being retained;

it being noted that the development, as proposed, conforms to the requirements of the Council resolution dated October 2, 2019, specifically the requirement for the protection and preservation of the trees; and,

it being further pointed out that the Planning and Environment Committee reviewed and received the following communications with respect to this matter:

  • a presentation from D. Hannam, Zelinka Priamo Ltd.;

  • a presentation from the Old Stoneybrook Community Association; and,

  • a communication dated June 30, 2020 from G. McGinn-McTeer;

it being pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions regarding these matters.

Motion Passed (5 to 0)

Additional Votes:

Motion to add a new part c) which reads as follows:

“c) a special provision BE INCLUDED in the Development Agreement  to deal with the removal of the snow onsite to lessen the effect of the spring thaw;“

Motion Failed (2 to 3)

Moved by A. Hopkins

Seconded by A. Kayabaga

Motion to open the public participation meeting.

Motion Passed (5 to 0)

Moved by E. Holder

Seconded by A. Hopkins

Motion to close the public participation meeting.

Motion Passed (5 to 0)

4.   Items for Direction

None.

4.1   (ADDED) Silverleaf Subdivision Sidewalk Installation

2020-07-15 PS - Silverleaf Sidewalk Petition

Moved by S. Turner

Seconded by A. Kayabaga

That the communication from R. Galizia, with respect to the proposed sidewalks in the Silverleaf subdivision BE RECEIVED and no further action be taken; it being noted that a petition signed by approximately 41 individuals is on file in the City Clerk’s Office, with respect to this matter.

Motion Passed (5 to 1)

Additional Vote:

Moved by A. Hopkins

Seconded by E. Holder

That R. Galizia BE GRANTED delegation status with respect to the proposed sidewalks to be installed in Silverleaf subdivision.

Motion Passed (6 to 0)

5.   Deferred Matters/Additional Business

None.

6.   Adjournment

The meeting adjourned at 7:52 PM.