5TH REPORT OF THE PLANNING COMMITTEE

Meeting held on February 23, 2004. 5TH REPORT OF THE PLANNING COMMITTEE PRESENT: Councillor J. L. Baechler (Chair), Controllers W. R. Monteith and W. J. Polhill, Councillors J. P. Bryant, C. Miller and H. L. Usher and L. J. Fisher (Secretary). ALSO PRESENT: R. Panzer, G. Barrett, L. Burgess, G. Edwards, J. M. Fleming, D. Green, M. Henderson, B. Henry, L. Pompilii, D. Stanlake and B. Turcotte. I YOUR COMMITTEE RECOMMENDS: Special Provisions - 91 1690 Ontario Ltd. and Pacific and Western Bank of Canada - Gren ill Subdivision I. (1) That, on the recommendation of the Acting General Manager of Planning and Development, on the advice of the General Manager of Environmental & Engineering Services & City Engineer, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and 911690 Ontario Limited and Pacific and Western Bank of Canada for the subdivision of lands located on the south side of Sunningdale Road East, east of South Wenige Drive: (a) the attached Special Provisions to be contained in a Subdivision Agreement between The Corporation of the City of London and 91 1690 Ontario Limited and Pacific and Western Bank of Canada for the Gren 111 Subdivision (39T- 03515) BE APPROVED; the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement and all documents required to fulfill its conditions; and the applicant BE ADVISED that the General Manager of Environmental and Engineering Services and City Engineer has estimated the following Revenues and Claims: EFFECT ON URBAN WORKS RESERVE FUND AND DEVELOPMENTCHARGESRESERVEFUNDS Urban Works Reserve Fund Claim (excluding SWM) SWM (including land) Revenue Claims $ 716,960 --- --- $ 57,000 --- NIL Development & LDCSB Charges Reserve Funds'') 972,592 NIL TOTAL $ 1,689,552 $ 57,000 Note: (1) ESTIMATED REVENUES FROM DEVELOPMENT, LONDON DISTRICT CATHOLIC SCHOOL BOARD (LDCSB), AND URBAN WORKS CHARGES ARE BASED ON CURRENT RATES IN ACCORDANCE WITH BY-LAWS C.P.-1413-214 AND 1414-215. (2) THIS MFORMATION IS REPORTED IN ACCORDANCE WITH THE DEVELOPMENT CHARGES AND URBAN WORKS FUNDS BY-LAWS (IE. C.P.-1413-214 & 1414-215), AND ANY AMENDMENTS THERETO. ANY CLAIM PAYMENT FROM THE URBAN WORKS RESERVE FUND WILL BE IN ACCORDANCE WITH BY-LAW NO. C.P.-1414-215 AND AS APPROVED BY THE CITY ENGINEER. EFFECT ON CAPITAL WORKS BUDGET claims against the City's Capital Works Budget for the CWB share of the cost of constructing works on Savannah Drive within this plan: year of construction 2004 year of impact on the CWB 2005 claim against the CWB (projected in 2004 costs) (59.17.6.04) $ 62,000

PC-2 Byron Hill 2. (2) That, on the recommendation of the Acting General Manager of Estates Inc - Parts of 726, 744 Planning and Development, based on the application of Byron Hills Estates Inc. and 764 Boler relating to parts of the properties located 726, 744, 764 Boler Road and 1018, 1102 Road and l0l8 Southdale Road West being phase 1 of draft plan of subdivision 39T-02507, a byand 1102 SouthdaleRoad law BE INTRODUCED at a future Municipal Council meeting to amend Zoning By- West law No. Z.4 in accordance with the attached enacting clause (in conformity with the Official Plan) to change the zoning of the subject lands FROM a Holding Residential R6 Special Provision (h. R6-2(3)) Zone, or compound Holding Residential R6 (h.r6-2/r6-5) Zone and a Holding Residential R1 (h.rl-5) Zone, TO a Residential R6 Special Provision (R6-2(3)) Zone, a compound Residential R6 (R6-21R6-5) Zone and a Residential R1 (RI-5) Zone to remove the holding provision. (59.24.4.04) (59.17.6.04) Sunningdale 3. (4) That, on the recommendation of the Acting General Manager of North Area Plan Terms of Planning and Development, based on a review of matters deferred at the January 2, Reference 2004 public meeting relating to the Sunningdale North Terms of Reference, the Revisionsto attached final version of the Terms of Reference which includes the amended section on page 20 as noted below, BE APPROVED: Transportation Comments Additional information to include in the Transportation Study: a The study area should include the traffic impact of the lands identified in the Sunningdale North study area. Analysis should include P.M. peak hour and AADT volumes for all secondary collector streets, intersections/commercial accesses along arterial roadways within the study area and the intersections of Sunningdale Road at Richmond Street and Wonderland Road at Sunningdale Road. This analysis should include the integration of traffic data from other nearby planning areas. In addition it should be illustrated how traffic volumes generated by the Sunningdale North Area will be distributed at the intersections of Fanshawe Park Road and Richmond Street and Fanshawe Park Road West at Wonderland Road and along Fanshawe Park Road between Wonderland Road and Richmond Street. No analysis of the impact of these traffic volumes will be required at these intersections or along Fanshawe Park Road. (59.13.1.04) Heritage 4. (6) That, on the advice of the London Advisory Committee on Heritage, Designation - 75Dillabough notice of the Municipal Council's intention to designate the property located at 75 Street Dillabough Street to be of historical, contextual and architectural value or interest BE GIVEN for the attached reasons under the provisions of subsection 29(3) of the Ontario Herifage Act, R.S.O. 7990, c. 0.78; it being pointed out that the owners of the subject property, Don and Shelley Urquhart, have concurred in the above recommendation on the understanding that the land to be included in the designation will be as shown on the assessment roll. Site Plan 5. (7) That, on the recommendation of the Acting General Manager of Approval - Barking Frog Planning and Development, the following actions be taken with respect to the site - 205 John plan approval application relating to the property located at 205 John Street: Street (a) the attached site plan and development agreement clauses BE APPROVED, subject to the Ontario Municipal Board issuing the Order to implement the zoning by-law; and the applicant BE ADVISED that the General Manager of Environmental and Engineering Services and City Engineer has projected the following claims and revenues information:

PC-3 Revenues Claims URBAN WORKS RESERVE FUND $ NIL $ NIL OTHER RESERVE FUNDS (City Services & Hydro) NIL NIL TOTAL CHARGES $ NIL $ NIL it being pointed out that at the public participation meeting associated with this matter, the following individuals made an oral submission in connection therewith: 0 A. Patton, Patton, Cormier and Associates - representing the applicant and indicating the event described by Mr. Locke in August 2003 has no relevance to the site plan approval, that the minutes of settlement as they do relate to the site plan are being addressed through the staff recommendation and requesting the Planning Committee to approve the recommendation. 6. Benedict, 180 John Street - expressing concerns that use of the loading ramp blocks emergency access vehicles on the narrow street and is being used as a taxi stand at night. P. Locke, 146 Mill Street, President of the Talbot North Community Association - indicating the staff report did not include an event in August 2003 when charges were laid against the Barking Frog with respect to amplified music which was prohibited; noting the AGCO is still investigating; further noting there has been no formal submission from the Association as they have been working directly with the owner, that the Association is requesting the large outdoor bar area be struck from the site plan if there is not restaurant style seating to accommodate patrons and indicating that the neighbourhood is being reasonable with its requests while accepting that development is and will continue to occur. P. Jeffries, Co-owner, Barking Frog - indicating that while they have been working with the neighbourhood to accommodate their concerns they also need to be cognizant of what their customers are looking for; noting that adding seating for all patrons on the outdoor patio would be no guarantee that patrons will speak more quietly. (59.24.4.04) City of London-267 Dundas Street Daniel Wighton (Chillies Cafe Inc.) - 580 Talbot Street 6. (8) That, on the recommendation of the Acting General Manager of Planning and Development, the application of the City of London for a variance from the regulations of the Sign and Canopy By-law at 267 Dundas Street to permit the construction of two projecting wall signs on the same street frontage in place of one projecting wall sign per street frontage, each with a sign face area of 4.1 square metres in place of 2.0 sq. metres and in a location greater than 1.2 metres above the first storey BE APPROVED subject to the owner entering into a uniformity plan agreement to restrict any additional projecting wall signs on the building and the owner entering into a standard form licensing agreement for the encroachment of the signs on to the road allowance. (67.2.3.04) 7. (9,14) That, on the recommendation of the Acting General Manager of Planning and Development, based on the application of Daniel Wighton (Chillies Cafe Inc.) relating to the property located at 580 Talbot Street, a by-law BE INTRODUCED at the Municipal Council meeting on March 1, 2004 to amend Zoning By-law No. Z.-1 in accordance with the attached enacting clause (in conformity with the Official Plan) to change the zoning of the subject lands FROM a Residential R3/R7/R9/0ffice ResidentiallOffice ConversionlRestricted Office (R3-1/R7.D150.H24/R9-7.H24/ OR5. D150.H24/OC7/ROI ) Zone TO a Residential R3/R7/R9/OfFice ResidentiaVOffice Conversion/Restricted Office (R3-1/R7.D150.H24/R9-7.H24/0R5.D15O.H24/OC7 /R03) Zone to permit the partial conversion of the existing structure to a retail store (florist shop); it being pointed out that at the public participation meeting associated with this matter, the following individuals made an oral submission in connection therewith: 0 D. Wighton, applicant, indicating negotiations are in progress with the perspective new owner and that there have never been any issues relating to

PC-4 customers using the visitor s parking lot at 600 Talbot Street in the past. J. Hare, President, Board of Directors, 600 Talbot Street - expressing concern on behalf of the residents at 600 Talbot Street that increasing the density of the use of 580 Talbot Street may increase the number of people illegally using their visitor s parking lot and also requesting further information as to what the final use of the property will be. (59.24.4.04) RiocanReal 8. (loa) That on the recommendation of the Acting General Manager of Estate Investment Planning and Development, the following actions be taken with respect to the site Trust - 1199 plan approval application of Riocan Real Estate Investment Trust relating to the and 1125 property located at 1199 and1 125 Oxford Street West: Oxford Street West (a) the attached site plan and landscape plan as marked and development agreement clauses for a commercial development BE APPROVED, SUBJECT TO the satisfactory resolution of the design of the noise wall between the condominium owners on Royal York Road and the developer, as well as the acceptance of the grading and servicing plans; signage indicating truck traffic is prohibited along Royal York Road BE POSTED; the applicant BE ADVISED that the General Manager of Environmental and Engineering Services and City Engineer has projected the following claims and revenues information: Revenue Claims Urban Works Reserve Fund $ 389,371.68 $25,000.00 (less demolition credit) (650,714.21) Other Reserve Funds (City Services & Hydro $ 525,899.25 NIL less demolition credit) (890,062.51) TOTAL $ NIL $ NIL NOTE: Development Charges will be required to be paid if the buildings have not been demolished at the time of issuance of the building permit. (d) that notwithstanding the zoning by-law, the developer BE PERMITTED to construct buildings A, B, C & D prior to the demolition of the existing mall on the condition the owner agrees to demolish the existing mall within 45 days of occupancy of buildings A, B & C subject to entering into the demolition agreement and providing security prior to issuance of a building permit; it being pointed out that at the public participation meeting associated with this matter, the following individuals made an oral submission in connection therewith: 0 G. Priamo, Zelinka Priamo Ltd. - representing Riocan Real Estate Investment Trust, Loblaws Properties Limited and Loblaws Food Store; noting that the food store is to remain open during construction with safe access for pedestrians, that the site will continue to rely on local residents for the bulk of its customer base and that they will continue to discuss various matters with the neighbourhood. F. Berry, F.R. Berry and Associates, noting that as the consultant responsible for the traffic study relating to this site, he believes the ultimate traffic load in the area will be less than what existed prior to Wal-Mart vacating the plaza, further noting that Royal York Road is designated a secondary collector road which is designed to carry a heavy traffic load and any access from the site through to Royal York Road would be of benefit to local residents. 0 L. Crane, 46-1220 Royal York Road, representing the Condominium Corporation and expressing concern that the planned access from the site to Royal York Road does not align with Queen Mary Circle, that increased traffic will pose a danger to pedestrians and indicating the height and design of the noise wall abutting the condominiums is not adequate to screen the loading dock nor is it aesthetically pleasing.

PC-5 Zoning - Riocan Real Estate Investment Trust - 1199 Oxford Street West J. Patterson, 46 Regency Road, expressing concern about the signage obstructing the view due to so many different buildings, that there has been a monumental increase in traffic in this area and adjacent areas and that access to Royal York Road will further undermine the sanctity of a reasonably quiet residential area. M. Hulix, 1079 Oxford Street West - noting that many neighbours currently walk to the mall and would like to ensure that access to the new site will be safe for pedestrians and also inquiring whether the numerous smaller stores will be relocating to the new buildings. P. Paquette, 11 79 Royal York Road, indicating he is pleased to see the site redevelop but concerned about the effect of an access on to Royal York Road; noting a stop sign installed at Manchester and Royal York Roads to alleviate cut through traffic has not be particularly successful, that delivery vehicles on this road are continuing to increase and inquiring whether other measures have been investigated to reduce the traffic. (59.24.4.04) 9. (lob) That, on the recommendation of the Acting General Manager of Planning and Development, based on the application of Riocan Real Estate Investment Trust relating to the property located at 1199 Oxford Street West, a by-law BE INTRODUCED at the Municipal Council meeting on March I, 2004 to amend Zoning By-law No. Z.-1 in accordance with the attached enacting clause (in conformity with the Official Plan) to change the zoning of the subject lands FROM a Service Station (SS2) Zone which permits automotive uses, restricted; TO a Community Shopping Area(CSA6) Zone to allow for the site to develop for uses such as retail stores, restaurants, commercial recreation establishments, supermarkets and video rental establishments within a stand-alone building which does not form part of a shopping centre; it being noted that the former gas station at 1199 Oxford Street West must be decommissioned prior to the issuance of a building permit to redevelop this site. (59.24.4.04) Disband the Old East Ghetto IO. (11,15)That, in response to a delegation from E. Murray, Director of Neighbourhood Concerns, Eyes of East London, the Acting General Manager of Planning and Development BE REQUESTED to take the following actions: (a) prepare a draft report for circulation to the appropriate organizations and agencies addressing concerns outlined by the Eyes of East London for presentation at a future meeting of the Planning Committee; establish a separation distance restricting methadone clinics from locating adjacent or close to schools, churches or community centres; and downsize the current zoning of the property located at 528 Dundas Street to prohibit the future use of this site as a methadone clinic, pending a legal opinion being received. Richmond Row Initiative Sifton Properties Limited - 550 Firelfly Drive 11. (12) That in response to a delegation from Maureen Bell representing the Richmond Row Initiative, the Acting General Manager of Planning and Development BE REQUESTED to provide limited staff support to the Initiative to assist them in facilitating their goals relating to the Richmond Street projects. (59.24.4.04) 12. (13) That, on the recommendation of the Acting General Manager of Planning and Development, the following actions be taken based on the application of Sifton Properties relating to the property located at 550 Firefly Drive (lot 94 Registered Plan No. 33M-408): (a) a by-law BE INTRODUCED at the Municipal Council meeting on March 1, 2004 to amend Zoning By-law No. Z.4 in accordance with the attached enacting clause (in conformity with the Official Plan) to change the zoning of the subject lands FROM a Residential R1 Special Provision (RI-7(9)) Zone TO a Residential R1 Special Provision (RI-7( )) Zone to require a main building setback of??metres (36 feet) minimum, from the centre of the existing Imperial Oil pipeline;

PC-6 the subdivision agreement BE AMENDED to include lot 94, which was not included in the previous subdivision agreement; and the purchaser and all future purchasers BE REQUIRED to sign a release discharging the City from any losses or claims arising from the construction of a habitable portion of a single family residence on lot 94, Registered Plan 33M-408; it being noted that Sifton Properties will request that the Ontario Municipal Board defer the consideration of this matter currently scheduled for March 8, 2004; it being further noted that the Planning Committee heard a delegation from M. Zunti, Project Manager, Stantec Consulting Ltd. expressing concurrence with the staff recommendation. (59.24.4.04) Building 13. (5) That the monthly report of the Building Division for January 2004 BE NOTED AND FILED. (5.8.3.03) Division Monthly Report II YOUR COMMITTEE REPORTS: 2003 Condominium Activity Report 2nd Report of the London Advisory Committee on Heritage Site Alterations - 1 Beaufort Street 14. (3) That the Planning Committee (PC) received an information report from the Acting General Manager of Planning and Development with respect to condominium activity in the City of London during 2003. (59.1 7.4.04) 15. (6) That the Planning Committee received and noted Clauses 2 through 13 of the 2nd Report of the London Advisory Committee on Heritage from its meeting held on February 11, 2004. (See report attached). 16. (16) That the Planning Committee received an enquiry from Councillor Bryant relating to site alterations taking place at 1 Beaufort Street. The PC asked staff to review the extent of allowable alterations with the developer. The meeting adjourned at 6:37 p.m.