SIXTH Meeting - Regular Session
The Town of Oakville Council
met in regular session to consider planning matters on this 9th day of
March, 2015 in the Council Chamber of the Oakville Municipal Building, 1225 Trafalgar
Road, Oakville, commencing at 7:07 p.m.
Present: Mayor - Rob Burton
Councillors - Tom Adams
- Pam
Damoff
- Cathy
Duddeck
- Allan
Elgar
- Dave
Gittings
- Marc
Grant
- Nick
Hutchins
- Jeff
Knoll
- Roger
Lapworth
- Sean
O’Meara
Staff - J.
Clohecy, Commissioner of Community Development
- D.
Lambert, Director of Development Engineering
- D. St. George, Director of
Economic Development
- J. Wice, Assistant Town
Solicitor
- S. Hannah,
Senior Manager of Current Planning and Heritage
- D. Childs,
Manager of Long Range Planning
- C. McConnell,
Manager of Current Planning – West District
- J.
Nethery, Manager of Zoning By-law Project
- A. Newton,
Senior Economic Development Officer
- R.
Stormes, Marketing Research Officer
- P.
Barrette, Planner, Current Planning – West District
- K. Patrick,
Acting Town Clerk
- L. Morgan,
Committee Coordinator
Regrets: Councillors - Max Khan
- Ralph
Robinson
Declarations of Pecuniary Interest
No declarations of pecuniary interest were declared.
Committee of the Whole
Moved by Councillor Duddeck Seconded
by Councillor Lapworth
That this meeting proceed into
a Committee of the Whole session.
CARRIED
|
Moved by Councillor Adams
|
|
That a Partial Release of Agreement
H376822 and a Partial Release of Easement H376829 be executed in accordance
with By-law 2013-057.
|
|
CARRIED
|
Moved by Councillor Adams
|
|
1.
|
That a Subdivision Agreement between
the Town and Upper Middle Road GP Inc. (Carterra) be finalized in
accordance with the standard agreement format and as outlined in the report
from the Development Engineering department, dated February 19, 2015;
|
|
|
2.
|
That the Town Solicitor be authorized
to make minor changes to the Agreement, which do not affect the substance
of the Agreement;
|
|
|
3.
|
That the agreement with Carterra be
executed in accordance with By-law 2013-057;
|
|
|
4.
|
That By-law 2015-013, a by-law to stop
up and close for all purposes a portion of the North Service Road East,
being Parts 1, 2, 3, 4, 5, & 6 on Plan 20R-19865, for reasons set out
in the report, be passed; and
|
|
|
5.
|
That the Legal department be authorized
to register By-law 2015-013 in compliance with the Municipal Act 2001.
|
|
CARRIED
|
Moved by Councillor O’Meara
|
|
1.
|
|
That no position be taken with respect
to the appeal on this matter, except to ensure that appropriate conditions
are applied if the matter is granted; and
|
|
|
2.
|
|
That the Town Solicitor be further
instructed as set out in the February 25, 2015 confidential legal
report.
|
|
CARRIED
|
Moved by Councillor O’Meara
|
|
That the Town Solicitor be instructed
as set out in the confidential legal report dated February 11, 2015.
|
|
CARRIED
|
3.
|
Public Meeting and Recommendation Report
Draft Plan of Condominium, Fernbrook
Homes (Dorval) Limited, 160-222 Dorval Drive, 219-267 Hanover Street, 253-291
Rebecca Street, 262 Military Way, 270, 271 & 276 Ortona Gate, 275 &
281 Tudor Avenue File No.: 24CDM-14007/1617
|
|
|
|
-
Report from Planning Services Department,
February 13,
2015
|
|
For the purposes of Planning
Act requirements, the following person(s) made an oral submission:
- David
Faye, David Faye & Associates Inc., on behalf of Fernbrook Homes (Dorval)
Limited, requesting approval of the draft plan of condominium.
|
Moved by Councillor Duddeck
|
|
That the Director of Planning Services
be authorized to grant draft plan approval to the Draft Plan of Condominium
(24CDM-14007/1617) submitted by David Faye & Associates Inc., prepared
by J.D. Barnes Limited, dated December 2, 2014, subject to the conditions
contained in Appendix D.
|
|
CARRIED
For the purposes of Planning
Act requirements, the following person(s) made an oral submission:
- Russ Cheeseman,
Barrister and Solicitor, on behalf of a number of appellants of Zoning By-law
2014-014, re: concerns with respect to passing a housekeeping amendment to
By-law 2014-014 and the effect it may have on appeals before the Ontario
Municipal Board;
- Clive Martin,
re: concerns with respect to whether or not Zoning By-law 2015-018 was
compatible and consistent with OPA 4, and special provision 24, which
applies to lands on the northwest corner of Trafalgar Road and East Street.
|
Moved by Councillor Duddeck
|
|
That By-law 2015-018, a by-law to make
a number of housekeeping and technical corrections to Zoning By-law
2014-014, be passed, as revised in accordance with the memorandum
dated March 9, 2015, from the Planning Services department.
|
|
CARRIED
|
Moved by Councillor Elgar
|
|
That the Director of Planning Services
be authorized to grant draft plan approval to the Draft Plan of Condominium
(24CDM-14006/1430) submitted by Peppergate Developments Inc., prepared by
Rady-Pentek & Edward Surveying Ltd., dated August 11, 2014, subject to
the conditions contained in Appendix D.
|
|
CARRIED
|
Moved by Councillor Duddeck
|
|
That a Notice of Intention to Designate
for the property at 573 Lakeshore Road West, known as ‘The Acacias’, be
issued.
|
|
CARRIED
|
Moved by Councillor Hutchins
|
|
That the report titled First and
Second Street Heritage Conservation District Update: Heritage Assessment
Report, dated February 2015, be endorsed.
|
|
CARRIED
In accordance with Section 3.2(1) of the
Procedure By-law, the Mayor advised that Items 8 and 9 would be considered out
of order.
|
Moved by Councillor Knoll
|
|
That the Economic Development 2014
Annual Report and related presentation be received.
|
|
CARRIED
|
Moved by Councillor O’Meara
|
|
That the staff report from the Economic
Development department entitled Economic Development Strategy Progress
Report, dated February 13, 2015, be received.
|
|
CARRIED
|
Moved by Councillor Duddeck
|
|
That the minutes of the Heritage Oakville
Advisory Committee meeting of February 24, 2015, be received.
|
CARRIED
|
Moved by Councillor Elgar
|
|
WHEREAS, the Livable Oakville Plan in
section 28.1.1 states zoning by-laws may be more restrictive than the
Official Plan, and that it is not intended that the full range of uses or
densities permitted by the Official Plan will be permitted in all
locations;
WHEREAS, the Town’s new comprehensive Zoning
By-law 2014-14, passed by Council on February 25, 2014, was deemed
partially in force by an order of the Ontario Municipal Board dated
February 23, 2015;
WHEREAS, no appeal was filed of Zoning
By-law 2014-14 with respect to the subject property;
WHEREAS, the new by-law zoned the
southerly portion of the property that is the subject of ZBA1430.30 as RM1,
which has a height limit of 3 storeys and only permits townhouse dwellings;
WHEREAS, subsection 24(4) of the Planning
Act provides that where a by‑law is in force it is deemed to
conform to the Official Plan; and
WHEREAS, residents in the area, having
made enquiries of the Town, purchased their homes with the clear
understanding that the zoning on the subject property only permitted 3
storey townhouses;
THEREFORE BE IT RESOLVED THAT:
1.
The Town is opposed to the revised
application that proposes a 4 storey apartment building on a property that
is zoned for 3 storey townhouse dwellings; and
2.
The Ontario Municipal Board be advised that
the Town’s position is that the more restrictive and specific zoning
provisions should prevail over the general policies of the Official Plan. .
|
|
CARRIED
|
Moved by Councillor Elgar
|
|
That the Town Solicitor be instructed
to intervene in the Divisional Court proceedings relating to the Ontario
Municipal Board decision (PL110189) regarding the Richmond Hill parkland
policies as set out in the report from the Legal Department, dated March 5,
2015.
|
|
CARRIED
The Mayor recessed
the meeting at 8:36 p.m.
SIXTH Meeting - Regular Session
The Town of Oakville Council
reconvened in regular session this 10th day of March, 2015 to
complete the Council meeting of March 9, 2015. The meeting was held in the
Council Chamber of the Oakville Municipal Building, 1225 Trafalgar Road,
Oakville, commencing at 7:00 p.m.
Present: Mayor - Rob Burton
Councillors - Tom Adams
- Pam
Damoff
- Cathy
Duddeck
- Allan
Elgar
- Dave
Gittings
- Marc
Grant
- Nick
Hutchins
- Jeff
Knoll
- Roger
Lapworth
- Sean
O’Meara
- Ralph
Robinson
Staff - R.
Green, Chief Administrative Officer
- J.
Clohecy, Commissioner of Community Development
- C.
Bell, Commissioner of Community Services
- D. Cozzi,
Director of Engineering and Construction
- D. St. George, Director of
Economic Development
- N. Sully, Deputy Treasurer
and Director of Financial Planning
- N. de Vaal, Director of Recreation
and Heritage
- L. Grant, Director
of Emergency Planning and Fire Services/ Fire Chief
- J. Wice, Assistant Town
Solicitor
- D. Brennan, Chief of Staff,
Office of the Mayor
- S. Douglas-Murray, Senior
Manager of Cultural Services
- J.
Stephen, Senior Manager of Transportation Strategy
- H. Ellison, Manager of
Strategy and Business Operations
- J. Olbina, Manager of Park
Planning and Development
- C. Tizzard, Manager of Urban
Design
- K. Biggar, Senior Planner
- A. Kiley, Project Leader
- K. Patrick,
Acting Town Clerk
- L. Morgan,
Committee Coordinator
Regrets: Councillor - Max Khan
|
13.
|
Downtown Cultural Hub Update
|
|
|
|
-
Report from Commissioner of Community
Development and Commissioner of Community Services,
February 23,
2015
|
|
BEYOND THE HOUR
Moved by Councillor Grant
That this meeting proceed past
the hour of 10:00 p.m., but no later than 10:30 p.m.
CARRIED
Moved by
Councillor Knoll
That this
Committee rise and report.
CARRIED
The Mayor arose and reported that
the Committee of the Whole has met and made recommendations on Consent Items 1
and 2, Confidential Consent Items C-1 and C-2, Public Hearing Items 3 and 4,
Discussion Items 5, 6, 7, 8, 9, and 14, Confidential Discussion Item C-3, and
Advisory Committee Minutes Item 10, as noted by the Clerk.
Moved by
Councillor Duddeck Seconded by Councillor Lapworth
That the report and
recommendations of the Committee of the Whole be approved.
CARRIED
|
11.
|
Downtown Transportation and
Streetscape Study
Final Study Report
|
|
|
|
-
Report from Community Development
Commission, February 17, 2015
|
|
Moved by
Councillor Gittings Seconded by Councillor Duddeck
That consideration of this
matter be deferred to the next Planning and Development Council meeting.
CARRIED
|
12.
|
Downtown Parking Garage Feasibility
Study
|
|
|
|
-
Report from Engineering and Construction
Department, January 27, 2014
|
|
Moved by
Councillor Gittings Seconded by Councillor Duddeck
That consideration of this
matter be deferred to the next Planning and Development Council meeting.
CARRIED
|
13.
|
Downtown Cultural Hub Update
|
|
|
|
-
Report from Commissioner of Community
Development and Commissioner of Community Services,
February 23,
2015
|
|
Moved by
Councillor Gittings Seconded by Councillor Duddeck
That consideration of this
matter be deferred to the next Planning and Development Council meeting.
CARRIED
Moved by
Councillor Duddeck Seconded by Councillor Elgar
CARRIED
The
Mayor adjourned the meeting 10:30 p.m.
________________________________
KATHY PATRICK
ACTING
TOWN CLERK