Council approves McDonald's on flood plain, decision now goes to UTRCA

A plan to build a McDonald's drive-thru on Adelaide Street near Windemere Road passed London city council on Tuesday, though final approval now rests with the Upper Thames River Conservation Authority (UTRCA) because the property is on a flood plain. 

The motion passed by a 10-5 vote, with Mayor Josh Morgan and councillors David Ferriera, Skylar Franke, Anna Hopkins and Sam Trosow opposed. 

The approved motion included an amendment put forward Ward 5 Coun. Jerry Pribil to restrict the number of commercial units on the property to four, while still allowing the McDondald's. 

The property is zoned for commercial development due to it's prior use as a tennis court and small fitness centre. However, city staff had recommended against the McDonald's, flagging it as too intense a use for a property located on a flood plain. The property was completely covered by water when the nearby Thames River flooded in 2018.  

Trosow said allowing the restaurant is  a risky move for the city and creates significant safety concerns. 

"This is a flood plain," said Trosow. "The fact that the property owner has been working on this for years doesn't mitigate our obligation as a council to act responsibly." 

The site is located in Pribil's ward. He pointed to steps made by developer Royal Premier Homes to add flood protection to the site and provide the city benefits, including a bike path along Windemere and field house for the nearby sports fields. 

Pribil also said that while many people called him about the application, there was a lot of misunderstanding about it. 

"It's not owned by the city, it's a private use lot with a commercial use permit," he said. "All these positives come with it and it will bring an improved condition in terms of floods in this area." 

Coun. Corrine Rahman, who voted against the application when it came before council's planning committee, voted to support the plan on Tuesday. She said the developer has made significant changes. 

"It may not be personally what I want to see at that corner but I also think that I have to respect that staff looked at this and it was within the types of use that were specified," she said. 

With the application now passed by council, it goes to the UTRCA's hearings committee for approval. The UTRCA's Jenna Allain told CBC News that a driver-thru restaurant doesn't meet their guidelines for flood plain development. 

However, landowners can also appeal conservation authority decisions in court.