AGENDA THE FIFTY-FIRST MEETING OF THE ONE HUNDRED AND THIRTY-SEVENTH COUNCIL OF THE CORPORATION OF THE CITY OF ST. THOMAS

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1 AGENDA THE FIFTY-FIRST MEETING OF THE ONE HUNDRED AND THIRTY-SEVENTH COUNCIL OF THE CORPORATION OF THE CITY OF ST. THOMAS COUNCIL CHAMBERS CITY HALL 6:00 P.M. REGULAR SESSION SEPTEMBER 5, 2017 ROUTINE PROCEEDINGS AND GENERAL ORDERS OF THE DAY DISCLOSURES OF INTEREST MINUTES DEPUTATIONS COMMITTEE OF THE WHOLE REPORTS OF COMMITTEES PETITIONS AND COMMUNICATIONS UNFINISHED BUSINESS NEW BUSINESS BY-LAWS PUBLIC NOTICE NOTICES OF MOTION ADJOURNMENT DISCLOSURES OF INTEREST MINUTES Confirmation of the minutes of the meetings held on August 21st, DEPUTATIONS COMMITTEE OF THE WHOLE Council will resolve itself into Committee of the Whole to deal with the following business. STRATEGIC DIRECTION AND DEVELOPMENT UNFINISHED BUSINESS NEW BUSINESS Proposed Zoning By-Law Amendment - Sunray Group of Hotels Wellington Street Report PD of the Planner. Pages 5-11 Application by John and Helene Van Duynhoven for an Amendment to Zoning By-Law 50-88, to Remove a Holding Zone Symbol from Lands Known as 17 Sutherland Court Report PD of the Director of Planning and Building Services. Pages 12-13

2 Assumption of a Road Widening on Balaclava Street and Assumption and Removal of a One Foot Reserve on Patricia Street - Parts 1 and 2 Respectively on Plan 11R Report PD of the Planning Assistant. Pages Committee of Adjustment - Minor Variance - 17 Sutherland Court 2 Notice of a public meeting to take place on September 14th, 2017 at 10:00 a.m., Room #309, City Hall has been received from the Committee of Adjustment regarding an application for a minor variance by John and Helene Van Duynhoven to permit an existing pole barn to remain on a new lot prior to the construction of a dwelling. Committee of Adjustment - Minor Variance Woodworth Avenue Notice of a public meeting to take place on September 14th, 2017 at 10:00 a.m., Room #309, City Hall has been received from the Committee of Adjustment regarding an application for a minor variance by Michael Muma to permit an increase in allowable floor area for a food preparation, home occupation business at 174 Woodworth Avenue. BUSINESS CONCLUDED COMMUNITY ENGAGEMENT AND SERVICES UNFINISHED BUSINESS NEW BUSINESS BUSINESS CONCLUDED INFRASTRUCTURE AND CIVIC OPERATIONS UNFINISHED BUSINESS NEW BUSINESS St. Thomas Timken Community Centre - B Pad Bleacher Project Update Report PR of the Supervisor of Recreational Activities. Pages 16 BUSINESS CONCLUDED CORPORATE GOVERNANCE AND ADMINISTRATION UNFINISHED BUSINESS NEW BUSINESS BUSINESS CONCLUDED REPORTS PENDING COUNCIL Council will reconvene into regular session. REPORT OF COMMITTEE OF THE WHOLE Strategic Direction and Development Community Engagement and Services Infrastructure and Civic Operations

3 3 Corporate Governance and Administration A resolution stating that the recommendations, directions and actions of Council in Committee of the Whole as recorded in the minutes of this date be confirmed, ratified and adopted will be presented. REPORTS OF COMMITTEES PETITIONS AND COMMUNICATIONS Suicide Prevention Week - Proclamation and Flag Raising - September 10th to 16th, 2017 A letter has been received from Penny Knapp, Survivors of Suicide Loss, requesting that Council proclaim September 10th to 16th, 2017 as Suicide Prevention Week in the City of St. Thomas and that the Suicide Prevention flag be flown at City Hall. The flag raising is proposed for September 11th, 2017 at 10:00 a.m. Pages English as a Second Language Week - October 29th to November 5th, Proclamation A letter has been received from James Papple, Chair, Teachers of English as Second Language Ontario requesting that October 29th to November 5th, 2017 be proclaimed as English as a Second Language Week in the City of St. Thomas. Pages Transition Board Entegrus Powerlines and St. Thomas Energy Inc. - Appointments A letter has been received from Jim Hogan, President and C.E.O., Entegrus Inc. regarding appointments by CORIX and the Municipality of Chatham-Kent to the Transition Board for Entegrus Powerlines Inc. and St. Thomas Energy Inc. Page 23 Samsung Renewable Energy Inc. - Proposed Energy Storage Project Notice of a Public Community Meeting to be held September 6, 2017 from 6:00 p.m. to 8:00 p.m. in the Carnegie Room, St. Thomas Public Library has been received from Katherine Park, Development Manager, Samsung Renewable Energy Inc. regarding a proposed St. Thomas Energy Storage Project. Pages Light the Night - November 18th, 2017 to January 7th, Pinafore Park A letter has been received from Sara Teare regarding the Light the Night event at Pinafore Park. Page 26 Ministry of Housing - Social Infrastructure Fund and Investment in Affordable Housing Notional Funding Allocation A letter has been received from Peter Milczyn, Minister, Ministry of Housing regarding the funding allocation under the Social Infrastructure Fund and the Investment in Affordable Housing program in Pages Ministry of Citizenship and Immigration - Municipal Immigration Program A letter has been received from Laura Albanese, Minister, Ministry of Citizenship and Immigration regarding funding under the Municipal Innovation Fund for the AGRI Culture project. Page 29 A letter has been received from Laura Albanese, Minister, Ministry of Citizenship and Immigration regarding funding under the Municipal Immigration Information Online Fund for the Welcome to St. Thomas - Elgin project. Page 30

4 2018 Rural Ontario Municipal Association Conference - January 21st to 23rd, Registration 4 Registration has opened for the 2018 Rural Ontario Municipal Association Conference scheduled for January 21st - 23rd, 2018 in Toronto. Details are available at Page 31 Pinafore Park Tennis/Pickleball Courts - Letter of Thanks A letter of thanks has been received from Dave Hall, President, St. Thomas Pickleball Club for the new outdoor pickleball facility at Pinafore Park. Page 32 UNFINISHED BUSINESS NEW BUSINESS BY-LAWS Councillor Wookey First, Second and Third Reading 1. A by-law to confirm the proceedings of the Council meeting held on the 5th day of September, A by-law to amend By-Law 50-88, being the Zoning By-law for the City of St. Thomas (permit a retirement home Wellington Street - Sunray Group of Hotels - File No.: ) 3. A by-law to amend By-Law 50-88, being the Zoning By-law for the City of St. Thomas (permit a health supplement store within the existing building - 4 First Avenue - Healthy Life- Styles Inc. - File No.: ) 4. A by-law to assume certain lands as part of the public highways known as Balaclava Street and Patricia Street (B07/ Balaclava Street). PUBLIC NOTICE NOTICES OF MOTION ADJOURNMENT

5 The Corporation of the City of St. Thomas 5 Report No.: PD File No.: Directed to: Mayor Jackson and Members of Council Subject: Report Date: August 29 th, 2017 Council Meeting Date: September 5 th, 2017 Proposed Zoning By-law Amendment Sunray Group of Hotels 292 Wellington Street Department: Prepared by: Planning & Building Services Department Jim McCoomb, Planner Attachments: - parking study excerpt. - peer review. - revised site plan. THAT: Report PD relating to a proposed zoning by-law amendment by Sunray Group of Hotels to permit a retirement home on lands located at 292 Wellington Street be received for information; and further THAT: Council confirm that the changes made to the draft amendment as recommended in Report PD are considered minor and no further notice shall be given, in accordance with Subsection 34(17) of the Planning Act, R.S.O 1990, as amended. ORIGIN: Sunray Group of Hotels made application to amend City of St. Thomas Zoning By-law to permit a retirement home on lands located at 292 Wellington Street. A public meeting was held on June 12 th, At that meeting, Council heard from a number of neighbouring property owners with respect to the proposal. Concerns expressed were largely about the height of the proposed building and perceived loss of privacy, as well as whether the proposed on-site parking was adequate. Council also had questions about the operational aspects of the proposed facility and requested a further report from staff. BACKGROUND: The applicant originally proposed to renovate the former Ramada Hotel building that was on this site as a retirement home. An official plan amendment and a by-law supporting the use were approved in November of With the destruction of the hotel building by fire in 2014, the applicant revised their proposal to a new, 6 storey building with 80 one and two bedroom units. Given the use is permitted, the current application is really about setting the number of parking spaces for the current proposal. The number of spaces for the previous proposal was 43, as set by the Committee of Adjustment (A05/13), for a 48 room facility. The applicant originally proposed 52 spaces for the current development proposal (for further background, see report PD in the May 8 th, 2017 Council agenda). REPORT: Location Plan: Wellington Street Second Avenue SUBJECT LANDS Erie Street Forest Avenue First Avenue Operations: With respect to the operational aspects of the facility, the applicant s planning consultant advises that staffing levels will be approximately staff on a morning shift, 8-10 staff on an afternoon shift and 2 on a midnight shift. Deliveries are expected twice per week for food and supplies. Garbage is anticipated to also be collected twice a week. Delivery trucks measure anywhere from 35 to 55 in length. The applicant s planning consultant advises that while the rooms will not be outfitted with a kitchen or kitchenette facility, there is the potential for rooms to accommodate a small refrigerator and microwave oven to allow tenants to prepare light meals, snacks and hot beverages.

6 Building Height: The subject lands are located in the Secondary Commercial (C5) Zone, and there is no height restriction for that zone. The applicant did test the proposal from a shadowing perspective, and their consultants concluded there will be no impacts. There are similar situations of multi storey residential buildings adjacent to lower density residences already established in the City including Metcalfe Gardens (5 stories), 20 Dunkirk Drive (4.5 stories) and Wellington Park Towers (7 stories). Parking: While there is no standard for a parking ratio for a retirement home in the C5 zone, the applicant s traffic consultant has considered the proposed ratio against the City s standard within the R5 zone, which is.75 spaces per bed. The applicant s consultant concluded that their proposed parking ratio be adequate for the proposed use. UPDATE: Subsequent to the public meeting, the applicant has revised the draft site plan that was provided with the application to incorporate an improved pedestrian connection from the proposed building to Erie Street (see attached). This change required the elimination of one parking space, thereby reducing the number of spaces to 51 on the site. The parking ratio is now 0.62 spaces per bed. Using the City s standard for parking ratio for a retirement home, as per the R5 zone, 62 spaces would be required. The proposed 51 spaces are 11 spaces short of the City standard as set out in the R5 zone regulations. The applicant s traffic consultant (Trans Plan) recommended that the reduced parking is still adequate based on their review of proxy sites in St. Thomas and in London. Those sites have an average peak parking supply ratio of 0.64 spaces per unit with an observed peak parking demand of approximately 0.49 spaces per unit (see Summary and Recommendations extract from the report, attached). Given that parking had been identified as a potential issue, and the number of spaces had been reduced, in accordance with the policies of the Official Plan staff requested that a peer review of the traffic study be done, at the applicant s expense. The peer review (attached) supports Trans-Plan s conclusion that the proposed 51 parking spaces is expected to be sufficient for the proposed 80-unit senior residence building. The peer review has been reviewed and accepted by Environmental Services staff. Staff have modified the draft amendment to reflect the changes proposed by the applicant. Staff consider these changes to be minor and do not materially change the proposal from what was presented at the public meeting. A resolution should be passed confirming Council s opinion that the changes are minor and that no further notice is to be given, in accordance with Subsection 34(17) of the Planning Act. STAFF RECOMMENDATION: The proposed development satisfies City Official Plan policies that encourage the development of senior citizen s housing and the provision of a variety of housing tenure and types. The parking issue has been addressed through the applicant s traffic consultant and the City s peer review. It is recommended that Council support the proposed amendment as, in my opinion, it is consistent with Provincial Policy, the policies of the St. Thomas Official Plan, and represents good planning. Respectfully submitted, 6 Jim McCoomb, RPP, MCIP Planner Reviewed By: Env. Services Treasury City Manager Other

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12 The Corporation of the City of St. Thomas 12 Report No.: PD File No.: B05/17 Directed to: Mayor Jackson and Members of Council Report Date: August 29 th, 2017 Council Meeting Date: September 5 th, 2017 Subject: Application by John and Helene Van Duynhoven for an amendment to Zoning By-law 50-88, to remove a Holding Zone symbol from lands known as 17 Sutherland Court Department: Planning & Building Services Department Prepared by: Crystal Penney, Planning Assistant Attachments: - copy of zoning map RECOMMENDATION: THAT: Report PD relating to an amendment to the City Zoning By-law to remove a holding zone symbol from lands known as 17 Sutherland Court be received for information; and further, THAT: The application by John and Helene Van Duynhoven for an amendment to the City of St. Thomas Zoning Bylaw to remove the holding symbol from the lands known as 17 Sutherland Court be approved and staff be authorized to prepare an amending by-law; and further, THAT: Notice of Council s intention to pass an amending by-law to remove a holding symbol from Zoning By-law 50-88, as amended, be given pursuant to Ontario Regulation 545/06. Origin: A zoning amendment application to remove the holding zone symbol from the lands known as 17 Sutherland Court has been filed by John and Helene Van Duynhoven. The location of the subject lands are shown on the Location Plan below. Background: The subject lands were placed into a holding zone when John and Helene Van Duynhoven submitted a subdivision application to create 7 lots to the east of the existing house. The subdivision is now complete and the holding symbol has been removed from the subdivision. Location Plan John and Helene Van Duynhoven recently applied for a consent application (File No. B05/17), which created a new residential building lot to the west of their existing dwelling. The applicants are now requesting that the holding symbol be removed from the new and existing lot, as a result of their consent application. Analysis: The lands are designated for residential use, as shown on Schedule A to the City of St. Thomas Official Plan and are zoned hr3a (Third Residential Zone) by Zoning By-law The lands are subject to the general holding provisions of Subsection 2.2 of Zoning By-law All requirements of Subsection 2.2 for the servicing and development of the existing and new lot have been satisfied. Ontario Regulation 545/06 sets out the notice requirements for removal of a holding symbol. A public meeting is not required. A notice of Council s intention to pass an amending by-law to remove a holding symbol is required to be given by advertisement in the local newspaper or by mail to every owner of land in the area where the subject lands are located. In this instance, the only person affected are the Van Duynhoven s. I am recommending that Council approve the application by John and Helene Van Duynhoven, authorize staff to prepare an amending by-law and initiate the notice process in accordance with the regulation. The Zoning By-law Amendment to remove the h symbol from the lands will be placed on the September 11 th, 2017 Council Agenda for consideration. Respectfully submitted, Patrick J. C. Keenan Director of Planning & Building Services Reviewed By: Env. Services Treasury City Clerk Other -1-

13 This is Schedule "B" t o B y- L a w 1s3-2o11 Passed this 3rd Day of October, N Metres 13 \ ' SUTHERLAND LINE I ]

14 The Corporation of the City of St. Thomas 14 Report No.: PD File No.: B07/16 Directed to: Mayor Jackson and Members of Council Report Date: August 29 th, 2017 Council Meeting: September 5 th, 2017 Subject: Assumption of a road widening on Balaclava Street and assumption and removal of a 1 foot reserve on Patricia Street Parts 1 and 2 respectively, on Plan 11R Department: Planning & Building Services Department Prepared by: Crystal Penney Attachments: - Copy of 11R RECOMMENDATION: THAT: Report PD relating to an assumption of a road widening on Balaclava Street and assumption and removal of a 1 foot reserve on Patricia Street Parts 1 and 2 respectively, on Plan 11R , be received for information; and further, THAT: Council authorize the preparation of a by-law to assume the road widening on Balaclava Street and assumption and removal of a 1 foot reserve on Patricia Street Parts 1 and 2 respectively, on Plan 11R , within the City of St. Thomas. BACKGROUND: The Committee of Adjustment approved, subject to conditions, Application No. B07/16 at a meeting held on September 22 nd, The purpose of the consent application was to create (2) lots, one fronting on Balaclava Street, and the new lot fronting onto Patricia Street. A condition was that the applicant convey to the Corporation of the City of St. Thomas, free of all costs, a road widening along Balaclava Street. The lot fronting on Patricia Street has a 1 foot reserve. The City has agreed to remove the reserve by assuming it as part of the street, which will provide frontage and access to the new lot. In order to confirm that the purpose of the land is to form part of the roads, a By-law is required to assume Parts 1 and 2 on Plan 11R as part of the pubic highways. The By-law has been included on the agenda. Respectfully submitted, Crystal Penney Planning Assistant Reviewed By: Env. Services Treasury City Clerk Other -1-

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