October 9, 2012

Original link

The Council meets in Regular Session in the Council Chambers this day at 5:03 p.m.

I.   RECOGNITIONS

1.   Disclosures

of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

Motion Passed

Motion Passed

II.   DISCLOSURES

OF PECUNIARY INTEREST

Councillor N. Branscombe discloses a pecuniary interest in clause 17 of the 23rd Report of the Planning and Environment Committee, having to do with the properties located at 701 and 711 Waterloo Street, by indicating that her children attend the Montessori School.   Councillor J.P. Bryant discloses a pecuniary interest in clause 20 of the 23rd Report of the Planning and Environment Committee, having to do with the property located at 260 Sarnia Road, by indicating that her husband is on the faculty at Western University.   Councillor D. Brown discloses a pecuniary interest in clause 11 of the 15th Report of the Civic Works Committee, having to do with the LTC Long Term Growth Report Working Group, by indicating that her employer has a contract with the London Transit Commission.   Councillor P. Hubert discloses a pecuniary interest in clause 23 of the 23rd Report of the Planning and Environment Committee, having to do with the property located at 199 Queens Avenue, by indicating that he is the Executive Director of a social service agency that leases space from the property owner.  Councillor P. Hubert further discloses a pecuniary interest in clauses 5 and 6 of the 13th Report of the Community Services Committee, having to do with the Ontario Works Participation Profile, July 2012 and the Ontario Works Caseload Update for January to August, 2012, by indicating that he is the Executive Director of a social service agency that has a purchase of service agreement with Ontario Works.

Councillor M. Brown discloses a pecuniary interest in clause 12 of the 15th Report of the Civic Works Committee and the associated Bill No. 405, having to do with amendments to the Traffic and Parking By-law, by indicating that his residence is located on one of the affected streets.   Councillor J.B. Swan discloses a pecuniary interest in clause 23 of the 23rd Report of the Planning and Environment Committee, having to do with the property located at 199 Queens Avenue, by indicating that his employer leases space from the property owner.    Councillor B. Polhill notes that the previously disclosed pecuniary interest with respect to clause 20 of the 23rd Report of the Planning and Environment Committee, having to do with the property located at 260 Sarnia Road, was not a Committee of Adjustment matter which was the noted nature of his pecuniary interest.

At this time, the Mayor recognizes Councillor D. Henderson who presents an apology statement related to comments made during the September 24, 2012 Planning and Environment Committee meeting.     The Mayor recognizes Councillor D. Brown who introduces the “Pledge to End Bullying” campaign of the Thames Valley District School Board and invites the Council Members and staff in attendance to make the Pledge.

III.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE SIXTEENTH MEETING HELD ON SEPTEMBER 18, 2012

Moved by Councillor D. Brown

Seconded by Councillor S. Orser

Amend the Minutes of the Sixteenth Meeting held on September 18, 2012, on page 18, clause 11 of the 24th Report of the Finance and Administrative Services Committee by deleting from the first line of the clause, the words “establishing an Integrity Commissioner,”   Motion Passed   Motion made by Councillor B. Polhill and seconded by Councillor N. Branscombe to Approve the Minutes of the Sixteenth Meeting held on September 18, 2012, as amended.

Motion Passed

Motion Passed

Motion Passed

IV.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

V.   COMMUNICATIONS

AND PETITIONS

Moved by Councillor B. Polhill

Seconded by Councillor D. Brown

Approve referral of the following communications for consideration with the clauses noted:

2.   Engagement of

PricewaterhouseCoopers for Advisory Services

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the report dated September 27, 2012 with respect to the engagement of PricewaterhouseCoopers (PwC) for advisory services BE RECEIVED for information; it being noted that PwC LLP has been engaged by the Finance Division to provide advisory services to the JD Edwards Upgrade Project.

VI.   MOTIONS OF WHICH NOTICE IS GIVEN

VII.   ADDED

REPORTS

VIII.   REPORTS

Moved by Councillor B. Polhill

Approve all clauses except clauses 5, 17, 19, 20, 21, 23 and 27

3.   Municipal

Performance Measurement Program (MPMP) Three Year Comparative Values 2009-2011

That, on the recommendation of the Deputy City Treasurer, the report dated September 27, 2012 outlining the MPMP comparative measures for the three years ending December 31, 2009, 2010 and 2011, BE RECEIVED for information.

4.   Quarterly Report on

Internal Audit Results

That the following actions be taken with respect to the Quarterly Report on Internal Audit Results, dated September 27, 2012, from PricewaterhouseCoopers:   a)            Development and Compliance Services – Building Control –   i)              prior to the submission of the annual report, the Civic Administration BE REQUESTED to provide an information report to the appropriate standing committee with respect to cash flow projections based on available information, as it relates to the departmental budget and reserve fund balances and contributions; and, ii)             the Action Plans included as Appendix ‘A’ of the above-noted report BE IMPLEMENTED;   b)            Parks & Recreation – Health & Safety – the Action Plans included as Appendix ‘B’ of the above-noted report BE IMPLEMENTED; and,   c)            Corporate Services – Finance – Purchasing Cards – the Action Plans included as Appendix ‘C’ of the above-noted report BE IMPLEMENTED;   it being noted that the Audit Committee also reviewed the Internal Audit Schedule going forward, the “Internal Audit Scorecard” as at September 2012 and the status of past project Action Plans.

Motion made by Councillor P. Hubert to Approve clause 1.

6.   Huron Street

Watermain Replacement Municipal Class Environmental Assessment (EW3580)

That, on the recommendation of the Managing Director, Engineering and City Engineer, the following actions be taken with respect to the Huron Street Watermain Crossing Municipal Class Environmental Assessment Report:   a)            the Huron Street Watermain Crossing Municipal Class Environmental Assessment Report Executive Summary BE ACCEPTED;     b)            the Notice of Completion of the Huron Street Watermain Crossing Municipal Class Environmental Assessment Report BE ADVERTISED; and,   c)            the Huron Street Watermain Crossing Municipal Class Environmental Assessment Report BE PLACED on public record for a 30-day review period. (2012-W13-00)

7.   Single Source for

the Supply, Delivery and Pressurized Unloading of Chemical Lime

That, on the recommendation of the Managing Director, Engineering and City Engineer, the following action be taken with respect to the supply, delivery and pressurized unloading of chemical lime at the Greenway Pollution Control Centre:   a)            approval hereby BE GIVEN to enter into a two (2) year single source contract for the supply, delivery and unloading of pressurized chemical lime at Greenway Pollution Control Centre from Carmeuse Lime (Canada) Inc., 11 Stanwix Street, 21st Floor, Pittsburgh, PA, 15222;   b)            the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this contract;   c)            the approval hereby BE CONDITIONAL upon the Corporation negotiating satisfactory prices, terms and conditions with Carmeuse Lime, (Canada), Inc. to the satisfaction of both the City Treasurer and the Managing Director, Engineering and City Engineer; and,   d)            the approval hereby BE CONDITIONAL upon the Corporation entering into a formal contract or having a purchase order relating to the subject matter of this approval. (2012-F13-00)

Motion made by Councillor H.L. Usher to Approve clause 3.

8.   Proposed Amendments

to the Sewer System Charge By-law (WM -15): Measuring Procedures and Application for Exemptions and Rebates

That, on the recommendation of the Managing Director of Engineering and City Engineer, the attached proposed by-Law (Appendix “A”) to amend the Sewer System Charge By-law (WM-15) BE INTRODUCED at the Municipal Council meeting to be held on October 9, 2012; it being noted that these changes are being made to clarify imposing sanitary sewer charges where there is a flow differential between the water supply and sanitary sewer flow and to include procedures to apply for exemptions and rebates;   it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter. (2012-W10-00)

Motion Passed

Motion Passed

Motion made by Councillor H.L. Usher to Approve clause 9.

9.   KAP Holding Inc. -

Street Re-addressing of Lots on the East Side of Audrey Avenue

That, on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the following actions be taken with respect to the application submitted by KAP Holdings lnc. for the municipal addressing reassignment of Audrey Avenue:

  a)            the Manager of Development Services and Engineering Liaison BE REQUESTED to take all the necessary steps to undertake re-addressing of the properties on the eastern side of Audrey Avenue, between Huron Street and Broughdale Avenue, from 2 Audrey Avenue to 4 Audrey Avenue; from 4 Audrey Avenue to 6 Audrey Avenue; from 6 Audrey Avenue to 8 Audrey Avenue; from 8 Audrey Avenue to 10 Audrey Avenue; and, from 10 Audrey Avenue to 12 Audrey Avenue;   b)            the applicant, Kap Holdings lnc., BE REQUIRED to compensate the owners of the affected lots on Audrey Avenue one hundred dollars ($100.00) each for the costs associated with the municipal address change;   it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter. (2012-D17-00)

Motion Passed

Motion Passed

Motion made by Councillor H.L. Usher to Approve clause 10.

10.   Pemic Land Corp. -

Street Renaming of the South Portion of Logans Way

That, on the recommendation of the Senior Planner, the following actions be taken with respect to the application submitted by Pemic Land Corp. for the street re-naming of the south portion of Logans Way:   a)            the south portion of Logans Way located west of Logans Run, within Registered Plan 33M-549, BE RENAMED to Logans Trail;   b)            upon the approval of the street name change, in a) above, the City Clerk BE REQUESTED to introduce the attached by-law at a Municipal Council meeting within 30 days following the date of registration of the draft approved plan of subdivision submitted by Pemic Land Corp. and Sifton Properties Ltd. (File No. 39T-10504), to rename the south portion of Logans Way located west of Logans Run, within Registered Plan 33M-549, to Logans Trail;   c)            within six (6) months from the date of adoption of the by-law to rename the south portion of Logans Way located west of Logans Run to Logans Trail, the Owner BE DIRECTED to have a qualified masonry contractor replace the municipal number and street name inscription on the existing homes on Logans Way (southern leg), at no cost or expense to the homeowners or the City;   it being noted that the Civic Works Committee received a communication dated September 24, 2012, from J. Mendham, 1504 Logans Way, with respect to this matter;   it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter. (2012-D17-00)

Motion Passed

Motion Passed

Moved by Councillor H.L. Usher

Seconded by Councillor N. Branscombe

Approve that pursuant to section 13.6 of the Council Procedure By-law, the actions of the Municipal Council taken at its meeting held on June 26 and 27, 2012, with respect to part g) of clause 16 of the 11th Report of the Civic Works Committee, related to the Terms of Reference for the London Transit Commission (LTC) Long-Term Working Group BE RECONSIDERED.

Motion Passed

Motion Passed

11.   2nd Report of the

LTC Long Term Growth Report Working Group

That, on the recommendation of the LTC Long Term Growth Report Working Group (LTCWG), the following actions be taken with respect to the 2nd Report of the LTCWG from its meeting held on September 12, 2012:   a)            the “Duties” included in the LTC Long Term Growth Report Working Group (LTCWG) Terms of Reference BE AMENDED to read as follows:   “DUTIES: The Working Group shall: a)         review the London 2030 Transportation Master Plan (TMP) in order to provide recommendations to the Municipal Council on the implementation of the London 2030 TMP including, but not limited to, identifying priorities for roadway investment, identifying potential amendments to existing land use and parking policies that influence transit usage, and identifying opportunities for improving the speed, frequency, comfort and reliability of public transit services with a view to increased public transit ridership; and,   b)            review, monitor and make recommendations to the Municipal Council with respect to the Bus Rapid Transit business case development, implementation and transit route restructuring;”   it being noted that the LTCWG held a general discussion with respect to its Terms of Reference dated July 2012; and,   b)         the following actions be taken with respect to the London 2030 Transportation Master Plan Implementation Strategy:   i)          the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer BE INVITED to the next scheduled meeting of the LTC Long Term Growth Report Working Group (LTCWG), to discuss various methods of advancing the Bus Rapid Transit (BRT) in a sustainable way, starting with the 2013 Budget;                    ii)         the London Transit Commission (LTC) BE ASKED to forward its BRT Business Case, upon LTC approval, to the LTCWG for review; it being noted that the BRT Business Case will identify the economic, environmental and social (community access) returns associated with employing a BRT strategy;   iii)            the Civic Administration BE ADVISED that the LTCWG acknowledges that Appendix Q, of the Transportation Master Plan, ensures the policies for transportation and transit from the TMP are incorporated into the new Official Plan; it being noted that this is the direction from ReThink London and the Official Plan Review; and,   iv)        the Civic Administration BE ADVISED that the LTCWG encourages continued efforts to affect change in the Development Charges Act to identify barriers to transit growth;   it being noted that the LTCWG heard the attached presentation from J. Lucas, Divisional Manager, Transportation Planning and Design, G. Barrett, Manager, Land Use Planning Policy, and L. Ducharme, General Manager, London Transit Commission.

Moved by Councillor H.L. Usher

Seconded by Councillor N. Branscombe

Amend clause 11 to add a new clause a) as follows:   a)         that part g) of Clause 16 of the 11th Report of the Civic Works Committee BE RESCINDED.

Motion Passed

Motion Passed

Motion made by Councillor H.L. Usher and seconded by Councillor N. Branscombe to Approve clause 11, as amended.

Motion Passed

Motion Passed

12.   Amendments to the

Traffic and Parking By-law

That the following actions be taken with respect to amendments to the Traffic and Parking By-law:   a)            the attached proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal Council meeting to be held on October 9, 2012, for the purpose of amending the Traffic and Parking By-law (P.S. 111); and,   b)            the Civic Administration BE REQUESTED to report back at a future meeting of the Civic Works Committee (CWC) with respect to extending the provisions for no parking on Trowbridge Avenue for the period of May 1 to October 31, every year; it being noted that the report back should include any financial impacts, such as lost revenue, that would be incurred with the proposed no parking extension;   it being noted that the CWC received a communication dated September 12, 2012 and heard a verbal delegation from D. Engel, 220 Trowbridge Avenue and received the following communications with respect to parking on Trowbridge Avenue:  

S. Martin and R. Hanshaw, 209 Trowbridge Avenue; D. Lowe, 189 Trowbridge Avenue, dated October 1, 2012; R. Turner, 200 Trowbridge Avenue; and,

R. Hanson, email; it also being noted that K. MacAdam was unavailable to attend as a delegation. (2012-S09-00) (2012-S04-00)

Moved by Councillor H.L. Usher

Seconded by Councillor S. Orser

Amend clause 12 by deleting part b) in its entirety and by replacing it with a new part b) as follows:   b)         the Civic Administration BE REQUESTED to report back at a future meeting with respect to allowing overnight parking from May 1 to October 31, every year; it being noted that the report back should include any financial impacts, such as lost revenue, that would be incurred as a result of extending the period when overnight parking is allowed;

Motion Passed

Motion Passed

Motion made by Councillor H.L. Usher and seconded by Councillor S. Orser to Approve clause 12, as amended.

Motion Passed

Motion Passed

Moved by Councillor J.B. Swan

Approve clauses 1 to 5.

13.   Building Division

Monthly Report for August 2012

That the Building Division Monthly Report for August 2012 BE RECEIVED. (2012-D05-00)

14.   2nd Report of the

London Advisory Committee on Heritage

That, the following actions be taken with respect to the 2nd Report of the London Advisory Committee on Heritage (LACH) from its meeting held on September 12, 2012:   a)            the Civic Administration BE ASKED to provide the Planning and Policy Sub-Committee (PPSC) with a list of vacant heritage properties, as outlined in the 2006 Inventory of Heritage Resources, to allow the PPSC to provide comments to the LACH at a future meeting;   b)            the Civic Administration BE ASKED to provide written interpretation on Section 34(2) of the Ontario Heritage Act, with respect to the types of conditions that can be imposed when Municipal Council consents to a demolition application, including future site plan approval;   c)            the Civic Administration BE ASKED to review the attached Solar Panel Guidelines for Designated Heritage Properties, for use as an official City of London guideline document;   d)            the Stewardship Sub-Committee BE REQUESTED to prepare Statements of Significance for all pioneer cemeteries that have not been designated;   e)            the Heritage Planner BE REQUESTED to work with the Westminster-Delaware Historical Society to identify and plaque the pioneer cemeteries that are located in the former Westminster Township;   f)             the Heritage Planner BE REQUESTED to forward the Statement of Significance, for the property located at 1170 Wilton Grove Road, to the owner for signature;   g)            the Stewardship Sub-Committee BE REQUESTED to review and report back to the LACH, with respect to the Priority 1 building located at 2332 Main Street, Lambeth, relating to the request for demolition for this property;   h)            the Stewardship Sub-Committee BE REQUESTED to review and report back to the LACH, with respect to the Priority 1 building located at 591 Maitland Street, relating to the request for demolition for this property;   i)          the London Advisory Committee on Heritage (LACH) was advised of the following by the Heritage Planner:   -                     the London Public Library will be presenting an “Architecture in Film” series;   -                     the “Freedom Tree” in Westminster Ponds is being renamed the “Meeting Tree” and Trees Ontario will be putting a plaque near the tree at a ceremony to be held in September, 2012; and,   -                     Doors Open and Culture Days events have been combined and will be held the last weekend in September;   j)              on the recommendation of the Director, Land Use Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit Application of B. Iaboni, requesting permission for changes to the roof, façade, including painting some of the bricks around the window, and porch of the designated heritage property located at 642 Princess Avenue, BE APPROVED; it being noted that the Heritage Planner has reviewed the proposed changes and has advised that the impact of such alteration on the heritage features of the property identified in the Reasons for Designation is negligible; it being further noted that the LACH heard a verbal presentation from Mr. Iaboni, with respect to this matter; and,   k)            that clauses 5 through 15, inclusive, of the 2nd Report of the LACH, BE RECEIVED AND NOTED;   it being noted that the Planning and Environment Committee heard a verbal presentation from W. Kinghorn, Vice-Chair, LACH, with respect to these matters.

15.   Property located at

4448 Colonel Talbot Road

That, on the recommendation of the Manager, Development Services and Planning Liaison, the following actions be taken with respect to the site plan approval application for a one floor commercial building by L’Arche London, relating to the property located at 4448 Colonel Talbot Road:   a)            the Approval Authority BE ADVISED that there were no issues raised at the public participation meeting of the Planning and Environment Committee with respect to the application for site plan approval to permit a one floor commercial building;   b)            the Approval Authority BE ADVISED that the Municipal Council supports the approval of the attached site plan elevations; and,   c)            the financing for the project BE APPROVED in accordance with the “Claims and Revenues Report”, provided as Schedule “B” to the associated staff report, dated September 24, 2012. (2012-D25-00)

16.   Property located at

1461 Huron Street

That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to the site plan approval application of London Affordable Housing Foundation for an apartment building with 25 one-bedroom units at 1461 Huron Street:   a)            the Approval Authority BE ADVISED that at the public participation meeting of the Planning and Environment Committee held with respect to this matter, issues were raised with respect to the timing of the removal of the holding provision as the contractor is eager to commence with the work;   b)            the Approval Authority BE ADVISED that the Municipal Council supports the Site Plan application for an apartment building with 25 one bedroom units; and,   c)            the Civic Administration BE ASKED to prepare a report to remove the holding provisions at a special meeting of the Planning and Environment Committee to be held on Tuesday, October 9, 2012. (2012-D25-00/C03-00)   it being pointed out that at the public participation meeting associated with this matter, the following individual made an oral submission in connection therewith:  

G. Playford, on behalf of the applicant – expressing concern with the timing of the removal of the holding provisions; and requesting that a special meeting of the Planning and Environment Committee be held on October 9, 2012 to receive a report from the Civic Administration with respect to the removal of the holding provisions.

18.   Property located at

299 King Street (TZ-8066)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of the London Convention Centre (City of London), relating to the property located at 299 King Street:   a)            the revised, attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on October 9, 2012, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), TO extend the Temporary (T-53) Zone, to recognize the temporary commercial surface parking lot as a permitted use for a period of three (3) years from the date of passing of the by-law;   b)            pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN with respect to the proposed by-law as the proposed amendment is minor in nature; and,   c)            the Civic Administration BE REQUESTED to report back, to the appropriate Standing Committee, with respect to the following:   i)              the organization responsible for paying for and maintaining the meters; ii)             how much revenue does the City receive from the meters; and, iii)            how the revenue is expended;   it being pointed out that there were no oral submissions made at the public  participation meeting associated with this matter.   (2012-D11-05)

22.   Residential

Intensification in Flood Plains in the City of London

That the communication, dated September 12, 2012 and the verbal presentation from J. Brick, Coordinator, Hydrology and Regulatory Services, Upper Thames River Conservation Authority, with respect to the Planning and Environment Committee recommendation relating to residential intensification in flood plains in the City of London, BE RECEIVED. (2012-E07-00)

24.   Local Renewable

Electricity Generation Projects Seeking Ontario Feed-In Tariff Contracts

That, on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the following actions be taken with respect to local renewable electricity generation projects seeking Ontario Feed-In-Tariff (FIT) Contracts:   a)         pursuant to section 13.8 of the Council Procedure By-law, the actions of the Municipal Council taken at its meeting held on July 24 and 25, 2012, with respect to clause 5 of the 20th Report of the Planning and Environment Committee, related to the approval of forms for Municipal Support Resolutions under the Province’s FIT Program BE RECONSIDERED as the Ontario Power Authority (OPA) has subsequently released prescribed forms related to this Program;   b)         the said Clause 5 of the 20th Report of the Planning and Environment Committee from its meeting held on July 23, 2012 BE RESCINDED; and,   c)         the Civic Administration BE DIRECTED to undertake the following actions with respect to proposed changes (Program Rules) to the Feed-in-Tariff (FIT) Program, operated by the Ontario Power Authority (OPA):   i)              undertake the process described in the recommendations below when the Draft FIT Program Rules (April 5, 2012), which are designed to assist renewable energy project developers obtain timely Municipal Council Support Resolutions, are finalized in the very near future; it being noted that if the FIT Program Rules are substantially changed when finalized, the Civic Administration will revise these recommendations and resubmit, if required;   A)            co-ordinate and review all requests for a Municipal Council Support Resolution and determine if the request(s) fall into Category 1 Projects (all rooftop solar anywhere in London), Category 2 Projects (ground-mounted solar at specific locations in London) or Category 3 Projects (significant FIT projects, such as wind, biomass and biogas at specific locations in London);   B)            for Category 1 Projects, the proposed resolution that the construction and operation of rooftop solar projects, having little or no potential for impacts on adjacent properties, be supported without reservation anywhere in London where permitted by the Province of Ontario’s Feed-In Tariff (FIT) Program rules be approved, as set out in the Municipal Council Blanket Support Resolution attached hereto as Appendix “A”;   C)           for Category 2 Projects, the proposed resolution that the construction and operation of ground-mounted solar projects, having little or no potential for impacts on adjacent properties, be supported at a specific location(s) identified by the project developer where permitted by the Province of Ontario’s Feed-In Tariff (FIT) Program rules be approved as at two step process:   i)              the Civic Administration prepare a recommendation report to the appropriate Standing Committee, commenting on the proposed location; and,   ii)             if supported by the Civic Administration, submit a Municipal Council Support Resolution attached hereto as Appendix “B” as part of the report to the appropriate Standing Committee; and,     D)        for Category 3 Projects, the Civic Administration will review and offer recommendations to Council on the required steps for undertaking these types of projects and opportunities for a Municipal Council Support Resolution;   E)           co-ordinate the Municipal Council Support Resolution process through the Land Use Planning Division; it being noted that liaison will take place with the Civic Administration from Development & Compliance and Environmental & Engineering Services;    d)        the Mayor and the City Clerk BE AUTHORIZED to sign any requested Council Resolution for Category 1 Projects using the Municipal Council Blanket Support Resolution (Appendix “A”); it being noted that these recommendations are solely for the purpose of enabling an applicant of the FIT Program to receive priority points under the new FIT Program rules, and may not be used for the purpose of any other form of municipal approval in relation to the application or project or any other purpose; and,   e)         the Civic Administration BE DIRECTED to take the necessary action to provide notice of the proposed fee schedule for processing Category 2 and Category 3 FIT applications and an amendment to Planning Fees By-law CP-18 to be considered at a future Public Participation Meeting before the appropriate Standing Committee.   (2012-W12-00)

25.   Request for

Neighbourhood Plan - Oxford Park

That the communication, dated September 10, 2012, from Councillor J. Bryant, with respect to a request for Civic Administration to complete a neighbourhood plan for Oxford Park BE REFERRED to the Civic Administration to determine the placement of the request in the Planning Department Work Program. (2012-D20-00)

26.   Crestwood

Subdivision - Phase 2

That the delegation request from C. Linton, Norquay Developments, with respect to Phase 2 of the Crestwood Subdivision BE REFERRED to the October 15, 2012 Planning and Environment Committee meeting; it being noted that the Civic Administration will prepare a report with respect to this matter. (2012-D11-07)

Motion Passed

Motion Passed

Motion made by Councillor B. Polhill to Approve clause 5.

5.   Phase 1 Strategy

for Employing Solar PV Systems on City of London’s Municipal Buildings and Properties

That, on the recommendation of the Director of Corporate Investments and Partnerships and the Director of Environmental Programs & Solid Waste, the following actions be taken with respect to the City of London’s solar photovoltaic (PV) power strategy:   a)            the attached Phase 1 Strategy for the pursuit of Offer Notices from the Ontario Power Authority (OPA) for Small FIT rooftop solar power generation systems on the City of London buildings BE APPROVED for implementation by Civic Administration; it being noting that Ameresco will continue to develop the Phase 2 and Phase 3 Strategies with respect to microFIT solar and large FIT solar opportunities and that all submissions to the OPA are occurring in a highly competitive environment (See Report attached.); and   b)            the Civic Administration BE DIRECTED to provide a report at the April 29, 2013 Investment and Economic Prosperity Committee meeting with respect to the status of the City of London’s Energy Strategy.

Motion made by Councillor P. Hubert to Approve clauses 1 to 4.

17.   Properties located

at 707 & 711 Waterloo Street (Z-8038)

That, on the recommendation of the Managing Director, Planning and City Planner, based on the application of the City of London relating to the property located at 707 & 711 Waterloo Street, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on October 9, 2012, 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 R2 Special Provision/Neighbourhood Facility (R2-2(2)/NF1) Zone, which permits single detached dwellings (maximum two dwelling units), churches, elementary schools, community centres, day care centres, libraries, private schools, fire stations, private clubs and police stations, TO a Residential R2 Special Provision/Neighbourhood Facility Special Provision (R2-2(2)/NF1( )) Zone, to permit single-detached, semi-detached, duplex and converted dwellings, elementary schools, churches, community centres, day care centres, libraries and private schools, eliminating the fires stations, private clubs, and police stations normally permitted in the NF1 Zone and to permit a north interior side yard of zero (0) metres;   it being pointed out that at the public participation meeting associated with this matter, the following individual made an oral submission in connection therewith:  

R. Zelinka, Zelinka Priamo Ltd., on behalf of the applicant – expressing support for the Civic Administration’s recommendation; advising that this is a down zoning of the existing school site; indicating that the proposed amendments are expected by Montessori; and advising that the school supports the Civic Administration’s recommendation.  (2012-D11-02)

Motion Passed

Motion Passed

Moved by Councillor H.L. Usher

Approve consideration of clause 19 with the 24th Report of the Planning and Environment Committee.

Motion Passed

Motion Passed

Motion made by Councillor B. Polhill to Approve clause 20.

20.   Property located at

260 Sarnia Road (Z-8075)

That, notwithstanding the recommendation of the Manager Director, Planning and City Planner, based on the application of Shana’a Holdings Inc., relating to the property located at 260 Sarnia Road, the Civic Administration BE DIRECTED to submit a by-law to implement the applicant’s request to a future Planning and Environment Committee meeting, to build four (4) units, with three (3) bedrooms in each, to a maximum of twelve (12) bedrooms in total, increase the number of parking spaces and report back at a future Planning and Environment Committee meeting;   it being noted that the Planning and Environment Committee reviewed and received a communication, dated September 17, 2012, from G. Kulczycki, Vice-President, Resources and Operations, Western, with respect to this matter;   it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:   -                     H. Froussios, Zelinka Priamo Ltd., on behalf of the applicant – advising that multiple attached dwellings are allowed; indicating that the applicant is allowed to build 27 units per hectare on this property; advising that residential intensification conforms to the City of London Official Plan; advising that this is not site specific zoning; indicating that the applicant is proposing to remove the existing dwelling and replace it with a new dwelling; disagreeing with the Civic Administration’s comments relating to the Provincial Policy Statement (PPS); noting that he believes that this application is consistent with the PPS; advising that this property is adjacent to Western University’s new residential housing; indicating that the proposed development will meet the needs of couples and students; advising that there is currently access to municipal services and transit; advising that the subject site satisfies the zoning requirements; advising that no special regulations are being sought; indicating that in his opinion, the subject lands are underutilized; disagreeing with the Civic Administrations comments relating to the site not being unique within the surrounding established residential neighbourhood; advising that the property is located along an arterial road; indicating that he is waiting to hear the Ontario Municipal Board decision relating to the Near Campus Neighbourhood Strategy; indicating that this development is away from the interior of the low density area of the development; advising that the application is compatible to the site, as it functions as a transition between high and low density uses; advising that the proposal meets all of the requirements; advising that this is a unique situation and is not seen as a trigger for other development in this area; and requesting that a revised by-law be submitted at the October 15, 2012 Planning and Environment Committee meeting. -                     M. Hyrb, 249 Neville Drive – advising that her property  is immediately south of the proposed building; indicating that her house is a side-split; advising that the properties are all bungalows and side-splits in her neighbourhood; noting that there are no two-storey properties in the area; indicating that Western University’s new student housing is enough in this area; indicating that this application opens the door for further development, especially along Sarnia Road; indicating that as soon as the property becomes a rental unit and the owner is not on site, things get out of hand, such as garbage and snow removal and noise; and expressing concern with  the development, as students may not necessarily see it as a three or four bedroom unit, they may see six units, using the living room and dining room as bedrooms. -                     A.R. Patton, Patton Cormier & Associates – advising that none of the issues presented by the Civic Administration were raised at pre-consultation; advising that the landlord is an experienced landlord; and advising that all the problems associated with this property were raised before his clients’ ownership of the property.   (2012-D11-07)

Motion Failed

Motion Failed

Moved by Councillor N. Branscombe

Seconded by Councillor H.L. Usher

Approve that, on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of Shana’a Holdings Inc., the request to amend Zoning By-law No. Z.-1 to change the zoning of the subject property FROM a Residential R1 (R1-9) Zone which permits single detached dwellings, TO a Residential R3 (R3-3) Zone to permit single detached dwellings, semi-detached dwellings, duplex dwellings, triplex dwellings, converted dwellings and fourplex dwellings, BE REFUSED for the following reasons:   a)            the requested amendment is not consistent with the policies of the Provincial Policy Statement, 2005 that encourage efficient development and land use patterns which sustain the financial well-being of the municipality;   b)            the requested amendment is not consistent with the Residential Intensification policies of the Official Plan which direct intensification to ensure that character and compatibility with the surrounding neighbourhood is maintained;

  c)            the requested amendment is not consistent with Council adopted Near Campus Neighbourhoods Strategy policies regarding coordinated and comprehensive applications for intensification as opposed to site-specific developments;   d)            the requested amendment is not consistent with Council adopted policies pertaining to the Great Near Campus Neighbourhoods Strategy which encourage intensification in medium and high density designations and forms and discourage continued intensification in low density forms of housing; and,   e)            the requested amendment would constitute “spot” zoning and is not considered appropriate in isolation from the surrounding neighbourhood.  The subject site does not have any special attributes which warrant a site specific amendment to permit the proposed form and intensity of development   it being noted that the Planning and Environment Committee reviewed and received a communication, dated September 17, 2012, from G. Kulczycki, Vice-President, Resources and Operations, Western, with respect to this matter;   it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:   -                     H. Froussios, Zelinka Priamo Ltd., on behalf of the applicant – advising that multiple attached dwellings are allowed; indicating that the applicant is allowed to build 27 units per hectare on this property; advising that residential intensification conforms to the City of London Official Plan; advising that this is not site specific zoning; indicating that the applicant is proposing to remove the existing dwelling and replace it with a new dwelling; disagreeing with the Civic Administration’s comments relating to the Provincial Policy Statement (PPS); noting that he believes that this application is consistent with the PPS; advising that this property is adjacent to Western University’s new residential housing; indicating that the proposed development will meet the needs of couples and students; advising that there is currently access to municipal services and transit; advising that the subject site satisfies the zoning requirements; advising that no special regulations are being sought; indicating that in his opinion, the subject lands are underutilized; disagreeing with the Civic Administrations comments relating to the site not being unique within the surrounding established residential neighbourhood; advising that the property is located along an arterial road; indicating that he is waiting to hear the Ontario Municipal Board decision relating to the Near Campus Neighbourhood Strategy; indicating that this development is away from the interior of the low density area of the development; advising that the application is compatible to the site, as it functions as a transition between high and low density uses; advising that the proposal meets all of the requirements; advising that this is a unique situation and is not seen as a trigger for other development in this area; and requesting that a revised by-law be submitted at the October 15, 2012 Planning and Environment Committee meeting. -                     M. Hyrb, 249 Neville Drive – advising that her property  is immediately south of the proposed building; indicating that her house is a side-split; advising that the properties are all bungalows and side-splits in her neighbourhood; noting that there are no two-storey properties in the area; indicating that Western University’s new student housing is enough in this area; indicating that this application opens the door for further development, especially along Sarnia Road; indicating that as soon as the property becomes a rental unit and the owner is not on site, things get out of hand, such as garbage and snow removal and noise; and expressing concern with  the development, as students may not necessarily see it as a three or four bedroom unit, they may see six units, using the living room and dining room as bedrooms. -                     A.R. Patton, Patton Cormier & Associates – advising that none of the issues presented by the Civic Administration were raised at pre-consultation; advising that the landlord is an experienced landlord; and advising that all the problems associated with this property were raised before his clients’ ownership of the property.   (2012-D11-07)

Motion Passed

Motion Passed

Motion made by Councillor B. Polhill to Approve clause 21.

That, notwithstanding the recommendation of the Director, Land Use Planning and City Planner, based on the application of Kapland Inc. relating to the property located at 754 Maitland Street, the Civic Administration BE DIRECTED to submit a report and a by-law to a future Planning and Environment Committee meeting to rezone the subject property to permit an additional three (3)-bedroom unit to be located within the existing structure; it being noted that this will provide for a maximum of eleven (11) bedrooms in the building;   it being noted that the Planning and Environment Committee reviewed and received the following communications with respect to this matter:   -                     a communication from A. Kaplansky, applicant; and, -                     the Planning Justification Report, dated June 6, 2012, from Zelinka Priamo Ltd.;   it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:   -                     R. Zelinka, Zelinka Priamo Ltd., on behalf of the applicant – indicating that he takes issue with most of the Civic Administration’s comments in their presentation; answering the enquiry of how many bedrooms there are; noting that there are currently four bedrooms in the existing units; advising that the floor plan can only hold four more units; further noting that the building will not accommodate five units, which is the maximum allowed; indicating that the Provincial Policy Statement requires the Civic Administration to identify and accommodate development; advising that the intensification can be undertaken without changes to the exterior of the building or adding additional parking; indicating that the City should follow the Provincial Policy Statement; advising that the Planning and Environment Committee was advised that the current zoning in the area is appropriate; indicating that this neighbourhood used to have R-4 Zoning, which is why there are a lot of legal non-conforming properties in the area; advising that, within this area, there is a good mix of housing forms; advising that the R2-2 Zone does not show the character of the area; advising that the applicant’s property is located between a threeplex and a fiveplex; advising that spot zoning comes across as two bad works; indicating that there is no need for a site plan meeting on this site as this site isn’t changing; indicating that there is adequate parking on the site; and requesting that the Planning and Environment Committee approve the application as it clearly meets the intent of the Provincial Policy Statement and the Official Plan. -                     A. Kaplansky, applicant – advising that there were two houses for sale and the deal was jeopardized.   (2012-D11-04)

At 6:08 PM the Mayor places Councillor P. Hubert in the Chair and takes a seat at the Council board.    At 6:13 PM the Mayor resumes the Chair, and Councillor P. Hubert takes a seat at the Council board.

Motion Failed

Motion Failed

Moved by Councillor J.P. Bryant

Seconded by Councillor N. Branscombe

Approve that, on the recommendation of the Director, Land Use Planning and City Planner, that the application of Kapland Inc. relating to the property located at 754 Maitland Street to amend Zoning By-law No. Z.-1 to change the zoning of the subject property FROM a Residential R2 (R2-2) Zone which permits single detached, semi-detached, duplex, and converted dwellings, TO a Residential R3 (R3-4) Zone to permit single detached, semi-detached, duplex, triplex and converted dwellings, BE REFUSED for the following reasons:   a)            the current zoning for this area is appropriate, promotes neighbourhood stability, and allows redevelopment of residential properties in a manner which is compatible with the surrounding neighbourhood, consistent with the Provincial Policy Statement;   b)            the Site has previously been intensified to an appropriate density in conformity with the neighbourhood and existing zoning by-law;   c)            the requested amendment is not consistent with the policies of the Provincial Policy Statement, 2005 which encourage efficient development and land use patterns which sustain the financial well-being of the municipality;   d)            the requested amendment is not consistent with the Council-approved Near Campus Neighbourhood Policies;   e)            the requested amendment is not consistent with the Residential Intensification policies of the Official Plan;    f)             the requested amendment could set a further precedent for additional multiple unit residential uses and erode the residential character of the area; and   g)            the proposed amendment would constitute “spot” zoning, and is not considered appropriate in isolation from the surrounding neighbourhood; the site is not unique and does not have any special attributes which would warrant a site specific amendment;   it being noted that the Planning and Environment Committee reviewed and received the following communications with respect to this matter:   -                     a communication from A. Kaplansky, applicant; and, -                     the Planning Justification Report, dated June 6, 2012, from Zelinka Priamo Ltd.;   it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:   -                    R. Zelinka, Zelinka Priamo Ltd., on behalf of the applicant – indicating that he takes issue with most of the Civic Administration’s comments in their presentation; answering the enquiry of how many bedrooms there are; noting that there are currently four bedrooms in the existing units; advising that the floor plan can only hold four more units; further noting that the building will not accommodate five units, which is the maximum allowed; indicating that the Provincial Policy Statement requires the Civic Administration to identify and accommodate development; advising that the intensification can be undertaken without changes to the exterior of the building or adding additional parking; indicating that the City should follow the Provincial Policy Statement; advising that the Planning and Environment Committee was advised that the current zoning in the area is appropriate; indicating that this neighbourhood used to have R-4 Zoning, which is why there are a lot of legal non-conforming properties in the area; advising that, within this area, there is a good mix of housing forms; advising that the R2-2 Zone does not show the character of the area; advising that the applicant’s property is located between a threeplex and a fiveplex; advising that spot zoning comes across as two bad works; indicating that there is no need for a site plan meeting on this site as this site isn’t changing; indicating that there is adequate parking on the site; and requesting that the Planning and Environment Committee approve the application as it clearly meets the intent of the Provincial Policy Statement and the Official Plan. -                    A. Kaplansky, applicant – advising that there were two houses for sale and the deal was jeopardized.   (2012-D11-04)

Motion Passed

Motion Passed

23.   Property located at

199 Queens Avenue

That, notwithstanding the recommendation of the Director, Land Use Planning and City Planner, the application of S. Farhi relating to the demolition of the Priority 2 heritage property located at 199 Queens Avenue, BE DEFERRED to the November 26, 2012 Planning and Environment Committee meeting, to allow the Civic Administration, the applicant and the applicant’s architects, to review opportunities to incorporate all, or portions of the Priority 2 building, into the future redevelopment of the site; it being noted that the applicant has agreed to this deferral;   it being noted that the Planning and Environment Committee reviewed and received the following communications with respect to this matter:   -                     a communication from G. Hodder, President, ACO London Region; and, -                     a communication from S. Farhi, Farhi Holdings Corporation;   it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:   -                     S. Farhi, Farhi Holdings Corporation, applicant – indicating that he is the #1 friend to heritage restoration in Southwestern Ontario; indicating that for his property located at 215 Dundas Street, he has a prospective tenant, but the tenant requires 40 parking spaces; advising that he can no longer use the parking in Citi Plaza, as it is being used by the tenants in the Plaza; indicating that he currently needs approximately 360 parking spots; advising that he owns approximately 50,000 to 100,000 square feet in heritage buildings; indicating that his proposed development will cost over $50,000,000 to build; indicating that this will give the City over $1,000,000 in taxes; advising that he is trying to bring heritage buildings to life; advising that this development will assist with parking; advising that the downtown is short 1,400 parking spaces; and, advising that sometimes you need to sacrifice one building to save others. -                     T. Tillman, Tillman, Ruth, Robinson Architects – advising that Mr. Farhi contacted them one and a half months ago to determine what could be built at this location; indicating that they are proposing to build a 23-storey tower, with three-storey townhouses, parking in the rear, a ramp for parking below grade; advising that they are incorporating good urban design practices; indicating that they hope to have 5,000 to 6,000 square feet of retail space; advising that brick will be used as a major cladding material, both red-orange and charcoal, to fit into the surrounding areas; advising that the front doors of the proposed residences will face along Queens Avenue; indicating that the development fits in with the streetscape; noting that they are keeping the development back from the street; showing respect to the London Club; and advising that part of the property is municipally owned. -                     A. McColl-Lindsay, 510 Princess Avenue – advising that the Woodfield community is opposed to the demolition of any sound building; advising that the decision to demolish a heritage building can have an impact on other heritage buildings; indicating that this area is the introduction to a historic district; quoting Mr. M. Baker’s comments from the 2011 Stantec Consulting report; advising that the Committee is being asked to sacrifice a late 1880’s house to make a parking lot bigger; advising that 199 Queens Avenue sits on the grass on the corner of the lot; advising that the former owners of this house included London’s leading citizens, such as Tom Hiscox; advising that, when Mr. T. Hiscox died in 1885, he was the largest real estate owner in London; advising that his son, George, built up their real estate holdings while living in this house; advising that the Hiscox family is the closest to being a tribute to Mr. Farhi; advising that Mr. Hiscox was an Alderman for 7 years; advising that Mr. Hiscox ran a hospital for $5,000 less than anyone who held the post previously; indicating that he was a Justice of the Peace for the City; advising that Mr. Farhi has a chance to make history work for him; indicating that the building could be turned into a museum, with full photos and slides of Farhi’s buildings, including the history of Farhi’s holdings; advising that the City currently lacks a policy for parking lots; advising that in Stratford, if you put a quarter into a parking meter, you can walk for 30 minutes past historic buildings; noting that in London, a quarter gets you 10 minutes and panhandled at least once; and, noting that, in Detroit, they removed a number of Victorian houses to build an automotive mall. -                     K. McKeating, 329 Victoria Street  – advising that the City should be very careful on setting a precedent when creating a Downtown Heritage Conservation District; noting that demolishing a building in a Heritage Conservation District sends the wrong message; advising that this building is across from St. Peter’s Cathedral and beside the London Club; indicating that this is a strong, attractive building; indicating that there is no need to tear it down; indicating that there is no requirement to tear down this building to put in a new development; expressing caution about spending a lot of money for the installation of a parking lot; indicating that parking should be underground; expressing concern with putting the Committee in the uncomfortable position of making a decision from their landlord and asking that Members consider the perception. -                     G. Hodder, ACO London Region – appealing to the Planning and Environment Committee and the Municipal Council to not demolish the building as it is in good condition; asking that the building not be torn down to build a parking lot; advising that this property is part of the Downtown Heritage Conservation District and is also listed on the 2006 Inventory of Heritage Resources; indicating that the building is a stone’s throw away from Richmond Street; asking that the Councillors reflect on what will be lost if the building is demolished; and advising that Mr. Farhi received the ACO Award in 2010 for the renovations to the Pitney Bowles building. -                     A. Kaplansky, 599 Maitland Street – advising that for the future of economic prosperity, you need to give up some history.  (2012-D10-00/D13-00)

Motion made by Councillor B. Polhill and seconded by Councillor S. Orser to Amend clause 23 in line 1 by deleting the words “notwithstanding the recommendation of the Manager of Land Use Planning and City Planner”.

At 6:25 PM the Mayor places Councillor P. Van Meerbergen in the Chair, and takes a seat at the Council board.    At 6:30 PM the Mayor resumes the Chair and Councillor P. Van Meerbergen takes his seat at the Council board.

Motion Passed

Motion Passed

Motion made by Councillor B. Polhill to Approve clause 23 as amended.

Motion Passed

Motion Passed

Motion made by Councillor B. Polhill to Approve clause 27.

27.   Special Meeting -

Proposed Methadone Clinic - 425 Wharncliffe Road South

Pursuant to Section 2.8 of the Council Procedure By-law, a special Planning and Environment Committee meeting BE HELD at Centennial Hall, at a date and time to be determined, for the purpose of hearing public submissions relating to the proposed methadone clinic at 425 Wharncliffe Road South.

Motion Passed

Motion Passed

At 6:40 PM, the Council recognizes the following City of London Employees who have achieved 25 years of service during 2012:   Development & Compliance Services - James Botaitis, Frank Gerrits, Terry Grawey, Orest Katolyk, Peter Michael Sikic, Douglas Stanlake   Engineering - Richard Todd Atkinson, John (Giovanni) Bolzonello, Douglas Arthur Dunoon, Don Durkee, John Haynes, Sam Haynes, Kees Louws, Richard Murdoch, Rick Pedlow, Perry Allen Rose, Cynthia Seabrook, Don Simpson, Frank D. Vanhie, Tim Whitworth, Dan Whyte, Derrick Zimmer   Planning - W.J. Charles Parker   Police - Leann Elizabeth Brown, Tony N. Bubnowicz, Michael Costello, Arlene Fuller, Paul Werner Gedies, Steven Goodine, Martha Hart, Lisa Heslop, Judith Hessel, E. Victoria Kelly, JeffMartin, Lois Parker, Staff Sergeant Henry Pateman, Todd Smallman, Sergeant Derek Spence, Nancy Stilwell, Lenard M. Van Esch

Motion made by Councillor B. Polhill to Approve clauses 1 to 3 of the 24th Report, and the accompanying clause 19 from the 23rd Report.

19.   Property located at

4551 Wellington Road South (OZ-7319)

That, the following actions be taken with respect to the application of Howard Darwin Enterprises Limited, relating to the property located at 4551 Wellington Road South:   a)            the attached proposed by-law, to be amended at a special Planning and Environment Committee meeting to be held on October 9, 2012, as outlined in clause g), below, BE INTRODUCED at the Municipal Council meeting to be held on October 9, 2012 to amend the Official Plan to  change the designation of a portion of the subject lands FROM an Urban Reserve- Industrial Growth designation TO a Light Industrial designation, to permit a wide range of light industrial uses which involve assembling, fabricating, manufacturing, processing and/or repair activities which are located in enclosed buildings, require only a limited amount of outdoor storage and are unlikely to cause adverse effects with respect to air, odour or water pollution, or excessive noise levels;   b)            the attached proposed by-law, to be amended at a special Planning and Environment Committee meeting to be held on October 9, 2012, as outlined in clause g), below,BE INTRODUCED at the Municipal Council meeting to be held on October 9, 2012, to amend Zoning By-law No. 2000 (Former Town of Westminster) to delete the existing Industrial Holding (M2-H) Zone and remove the site from the By-law;   c)            the attached proposed by-law, to be amended at a special Planning and Environment Committee meeting to be held on October 9, 2012, as outlined in clause g), below, BE INTRODUCED at the Municipal Council meeting to be held on October 9, 2012 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a), above), to apply a Holding Light Industrial Special Provision (h-5.h-17.h-18.h-55.h-103.LI1( )/LI6( )) Zone to the northeast corner of the subject property to permit bakeries, business service establishments, laboratories, manufacturing and assembly industries, support offices, research and development establishments, warehouse and wholesale establishments, custom workshop, brewing on premises establishments, service trades and industries including paper and allied products, pharmaceutical and medical products and printing, reproduction and data processing and building and contracting establishments, transport terminals and storage depots with special provisions to deal with outdoor storage, screening requirements and MOE D-6 Guidelines and subject to holding provisions to address servicing, archaeological assessment, traffic and urban design/site plan issues;   d)            the attached proposed by-law, to be amended at a special Planning and Environment Committee meeting to be held on October 9, 2012, as outlined in clause g), below, BE INTRODUCED at the Municipal Council meeting to be held on October 9, 2012 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to apply a Holding Light Industrial Special Provision (h-2.h-5.h-17.h-18.h-55.h-103.LI1( )/LI6( )) Zone to the southeast portion of the property, permitting the same uses as above except for the addition of another holding provision requiring an EIS, to a part of the southerly portion of the subject property which includes lands between the regulatory floodline and lands at the EIS “trigger distance”, a total distance of approxismately 50 metres from the stream corridor boundary;   e)            the attached proposed by-law, to be amended at a special Planning and Environment Committee meeting to be held on October 9, 2012, as outlined in clause g), below, BE INTRODUCED at the Municipal Council meeting on October 9, 2012 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to apply an Open Space (OS4) Zone to the southwest portion of the subject property which includes lands below the regulatory floodline;   f)             the Site Plan Approval Authority BE REQUESTED to consider the design of the “streetface” along Wellington Road and enhanced landscaping along that street frontage because of the site’s location along a major entryway into the City;   it being noted that, upon the passing of the zoning by-law amendments in clauses a) to e), above, the applicant has agreed to withdraw their appeal to Zoning By-law No. Z-1-051390 (Annexed Area Zoning By-law Amendment) through the Ontario Municipal Board;   g)            the Civic Administration BE ASKED to prepare a by-law to add an OS4 () Special Provision Zone, to be applied  to the lands beyond the 50m adjacent to Dingman Creek, SUBJECT TO the completion of an environmental impact statement (EIS) acceptable to the City, with the approval of the Upper Thames River Conservation Authority (UTRCA), to permit the parking of transport truck trailers in association with a permitted use in an adjacent LI zone to an elevation not greater than 0.5 metres below the Regulatory Flood Line, and  to add a requirement for public site plan review to address matters of landscape, buffering, and the emission of noise, dust, odour and/or vibration, at a special meeting of the Planning and Environment Committee to be held on Tuesday, October 9, 2012; and,   h)         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 proposed amendment is minor in nature;   it being pointed out that at the public participation meeting associated with this matter, the following individual made an oral submission in connection therewith:  

R. Zelinka, Zelinka Priamo Ltd., on behalf of the applicant – advising that the applicant has been trying to resolve the Westminster Zoning By-law appeal since January, 2007; advising that they have had good conversations with both Conservation Authorities; advising that the recommendation does not include the L1-4 Zone; noting that he understands the basis for the exclusions of this zone; indicating that this is a wide and shallow floodplain; recognizing that they are dealing with a  one in 100 year floodplain; advising that the floodplain extends well into the applicant’s lands; advising that the applicant intends to utilize a section of the property for the storage of transport truck trailers which presents no hazard, no risk to human safety and no impact to the creek if it floods; and requesting the OS4 Zone, as it allows for the parking of the transport trailers on the property.   (2012-D11-03)

Motion Passed

Motion Passed

Motion made by Councillor M. Brown to Approve clauses 1, 2, 3, 4 and 7.

IX.   DEFERRED

MATTERS

X.   ENQUIRIES

XI.   EMERGENT

MOTIONS

Moved by Councillor H.L. Usher

Seconded by Councillor D. Brown

Approve leave for introduction of emergent motion, pursuant to section 19.2 of the Council Procedure By-law.

Motion Passed

Motion Passed

Moved by Councillor H.L. Usher

Seconded by Councillor J.L. Baechler

Approve that:   WHEREAS the current worldwide generation of young people is the largest in human history with nearly half the world’s population-more than 3 billion people-under the age of 25, of which approximately 51 percent or 1.51 billion are female;   AND WHEREAS sixty percent of girls say that they experience stereotypes that limit their right to be themselves; 52 percent of girls say they experience stereotypes that limit their right to express themselves with originality and enthusiasm; more than a third (37 percent) of girls feel constrained by these stereotypes, saying they don’t like them;   AND WHEREAS gender equality is a fundamental right for all people as well as a cornerstone of global development, as research shows that ¡nvest¡ng in girls can create a ripple effect that not only improves the lives of girls but also benefits the economic growth and the health and well-being of communities;   AND WHEREAS the United Nations has declared October 11, 2012 as the first lnternational Day of the Girl Child and Canada has led the international community in adopting this day   THAT all citizens BE URGED to support and participate in programs and events to improve the lives of girls everywhere in support of the first lnternational Day of the Girl Child.

Motion Passed

Motion Passed

XII.   BY-LAWS

Moved by Councillor N. Branscombe

Seconded by Councillor D. Brown

Approve 1st reading of Bill No.s 394 to 415, excluding Bill No.s 398 and 405.

Motion Passed

Motion Passed

Moved by Councillor N. Branscombe

Seconded by Councillor H.L. Usher

Approve 2nd reading of Bill No.s 394 to 415, excluding Bill No.s 398 and 405.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor J.L. Baechler

Approve 3rd reading and enactment of Bill No.s 394 to 415, excluding Bill No.s 398 and 405.

Motion Passed

Motion Passed

Moved by Councillor D. Brown

Seconded by Councillor N. Branscombe

Approve 1st reading of Bill No. 405.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor N. Branscombe

Approve 2nd reading of Bill No. 405.

Motion Passed

Motion Passed

Moved by Councillor H.L. Usher

Seconded by Councillor D. Brown

Approve 3rd reading and enactment of Bill No. 405.

Motion Passed

Motion Passed

Moved by Councillor J.P. Bryant

Seconded by Councillor N. Branscombe

Approve leave to introduce Bill No.s 416 to 418.

Motion Passed

Motion Passed

Motion made by Councillor H.L. Usher and seconded by Councillor D. Brown to Approve 1st reading of Bill No.s 416 to 418.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor N. Branscombe

Approve 2nd reading of Bill No.s 416 to 418.

Motion Passed

Motion Passed

Motion made by Councillor N. Branscombe and seconded by Councillor D. Brown to Approve 3rd reading and enactment of Bill No.s 416 to 418.

Motion Passed

Motion Passed

XIII.   COMMITTEE OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

Moved by Councillor B. Polhill

Seconded by Councillor S. Orser

Council rise and go into Committee of the Whole, in camera, for the purpose of considering the following:

XIV.   ADJOURNMENT