Meeting - Regular Session

SIXTH Meeting - Regular Session

 

The Town of Oakville Council met in regular session to consider planning matters on this 20th day of March, 2017 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

                                                -     Ray Chisholm

                                                -     Cathy Duddeck

                                                -     Allan Elgar

                                                -     Dave Gittings

                                                -     Marc Grant

                                                -     Nick Hutchins

                                                -     Jeff Knoll

                                                -     Roger Lapworth

                                                -     Natalia Lishchyna

                                                -     Sean O’Meara

 

Staff                                        -     J. Clohecy, Commissioner of Community Development

                                                -     M. Simeoni, Director of Planning Services

                                                -     D. Lambert, Director of Development Engineering

                                                -     D. Carr, Town Solicitor

                                                -     D. St. George, Director of Economic Development

                                                -     D. Childs, Manager of Policy Planning and Heritage

-     G. Charles, Senior Manager of Current Planning – East

            District

-     H. Hecht, Manager of Current Planning – East District

-     C. McConnell, Manager of Current Planning – West District

-     C. Tizzard, Manager of Urban Design

-     L. Gill Woods, Senior Planner, Policy Planning and Heritage

-     L. Musson, Senior Planner, Current Planning – East District

-     R. Thun, Senior Planner, Current Planning – West District

-     G. Abma, Planner, Current Planning – East District

-     S. Schappert, Heritage Planner

-     K. Patrick, Acting Town Clerk

-     L. Morgan, Council and Committee Coordinator

 

Regrets:   Councillor           -     Ralph Robinson

 

 

Declarations of Pecuniary Interest

 

No declarations of pecuniary interest were declared.

 

Committee of the Whole

 

Moved by Councillor Lapworth          Seconded by Councillor O’Meara

 

That this meeting proceed into a Committee of the Whole session.

 

                                                                                                               CARRIED

 

 

AGENDA ITEM(S)

 

In accordance with Section 3.2(1) of the Procedure By-law, the items were considered out of order.

 

14.

Kerr Village Community Improvement Plan - Building Façade Improvement Grant Program - 2016 Monitoring Report

 

 

-           Report from Planning Services Department,
February 27, 2017

 

 

Moved by Councillor Duddeck

 

1.

That staff report titled Kerr Village Community Improvement Plan – Building Façade Improvement Grant Program – 2016 Monitoring Report, be received;

 

2.

That staff continue the pilot for the Kerr Village Building Façade Improvement Grant Program in 2017;

 

3.

That Council direct staff to continue to waive application fees for encroachment agreements which are required to remedy existing encroachments as a result of approved façade improvements under the Kerr Village Building Façade Improvement Grant Program; and

 

4.

That Council direct staff to adjust the “Building Façade Improvement Grant Program Administration Guidelines” for 2017 as outlined in the report dated February 27, 2017, from the Planning Services department.

 

                                                                                                               CARRIED

 

 

 

 

 

 

1.

Proposed Removal of Holding "H" Provision

54 Shepherd Road Inc. (Neilas) - 58 & 62 Shepherd Road (formerly 54 & 60 Shepherd Road) File No. Z.1616.52,

By-law 2017-015

 

 

-           Report from Planning Services Department,
February 27, 2017

 

 

The following communication(s) were distributed at the meeting:

-     (March 16, 2017) from Donna Lewis

 

Moved by Councillor O’Meara

 

1.

That the application (File No.: Z.1616.52) submitted by 54 Shepherd Road Inc. (Nelias), to remove the Holding “H” Provision from the lands located at 58 and 62 Shepherd Road (formerly 54 and 60 Shepherd Road), be approved; and

 

2.

That By-law 2017-015, a by-law to remove the Holding “H” Provision from Zoning By-law 2014-014, as amended, be passed.

 

                                                                                                               CARRIED

 

 

2.

Mattamy-Kaitting Subdivision Agreement 24T-05012, North of Dundas Street, West of Sixth Line

 

 

-           Report from Development Engineering Department, December 8, 2016

 

 

Moved by Councillor O’Meara

 

1.

That the Subdivision Agreement between the Town and Mattamy (Kaitting) Limited be approved and the Town Solicitor be authorized to make minor changes to the Agreement, which do not affect the substance of the Agreement; and

 

2.

That the agreement with Mattamy (Kaitting) Limited be executed in accordance with By-Law 2013-057.

 

                                                                                                               CARRIED

 

 

 

 

 

 

3.

By-law 2017-027 - A By-law to Dedicate Certain Land as Part of a Public Highway - (Block 392, Plan 20M-1183 - Wheat Boom Drive; Block 393, Plan 20M-1183 -Threshing Mill Boulevard; Block 394, Plan 20M-1183 - Postridge Drive; Part 1 on Plan 20R-20602 - Threshing Mill Boulevard; Part 2 on Plan 20R-20602 - Eighth Line)

 

 

-           Report from Legal Department, February 9, 2017

 

 

Moved by Councillor O’Meara

 

That By-law 2017-027, a by-law to dedicate certain land as part of a public highway (Block 392, Plan 20M-1183 - Wheat Boom Drive; Block 393, Plan 20M-1183 -Threshing Mill Boulevard; Block 394, Plan 20M-1183 - Postridge Drive; Part 1 on Plan 20R-20602 - Threshing Mill Boulevard; Part 2 on Plan 20R-20602 - Eighth Line) be passed.

 

                                                                                                               CARRIED

 

 

4.

Public Meeting Report, Proposed Zoning By-law Amendment & Draft Plan of Subdivision, Graydon Banning Limited, File No. Z. 1324.05 and 24T-15006/1324, north side of Dundas Street West across from Proudfoot Trail

 

 

-           Report from Planning Services Department,
February 27, 2017

 

 

The following communication(s) were distributed at the meeting:

-     (February 5, 2016) from Rosemarie L. Humphries, Humphries Planning Group Inc.  

 

Moved by Councillor Elgar

 

1.

That comments from the public with respect to the Zoning By-law Amendment and Draft Plan of Subdivision application by Graydon Banning Limited (File Z.1324.05, 24T-15006/1324), be received; and

 

2.

That notice of Council’s decision reflect that any comments received from the public will be appropriately addressed.

 

                                                                                                               CARRIED

 

 

 

 

 

7.

Public Meeting Report and Recommendation Report, Official Plan and Zoning By-law Amendment, 1463291 Ontario Inc. (Dunpar Developments Inc.), 1020 - 1042 Sixth Line,
File No. Z.1516.02

 

 

-           Report from Planning Services Department,
March 7, 2017

 

 

For the purposes of Planning Act requirements, the following person(s) made an oral submission:

-     David Long, on behalf of the surrounding neighbourhood, re:  concerns with respect to the proximity of the proposed development to the QEW highway and the accompanying noise and pollution which would exceed both provincial and regional standards, removal of over 180 trees and hedgerows from the tableland area, plans to alter the driveway leading to the historical house in the area, and the development being out of character with the rest of the neighbourhood.

 

-     Vittorio Cambone, re:  concerns with respect to the high density of the proposed development, and expressing support for the refusal of the applications.

 

-     Russell D. Cheeseman, Barrister and Solicitor, on behalf of Dunpar Development Inc., re:  concerns with respect to the process and the premature rush to refusal of the applications, advising that the environmental impact assessment was still to be completed, a heritage impact report had not been requested, and the fact that a complete application including a plan of subdivision, plan of condominium and site plan were still to be submitted for staff perusal. 

 

The following communication(s) were distributed at the meeting:

-     (March 20, 2017) from David Long

-     (March 18, 2017) from Vittorio Cambone

-     (March 17, 2017) from Earl R. Cranfield

-     (March 17, 2017) from Timothy and Norah Tapley

-     (January 12, 2017 and January 6, 2017) from Bob and Nancy Urquhart

-     (November 30, 2016) from Brian Schiedel

 

 

 

 

 

 

 

 

 

Moved by Councillor Knoll

 

That the motion be amended by the addition of a third clause to read as follows:

 

3.

That Council direct Planning Services staff to undertake a review of the subject land and their context to determine what appropriate redevelopment opportunities exist, having regard to the issues identified in the Planning Services report dated March 7, 2017, in consultation with the local residents and the applicant.

 

                                                                                                               CARRIED

 

 

The Mayor called for the vote on the main motion, moved by Councillor Knoll, as amended:

 

1.

That the proposed Official Plan Amendment and Zoning By-law Amendment applications, as submitted by 1463291 Ontario Inc. (Dunpar Developments Inc.), File No.: Z.1516.02, and detailed within the March 7, 2017 Planning and Development Council report from Planning Services, be refused;

 

2.

That notice of Council decision reflect that the refusal of the application was consistent with comments received from the public; and

 

3.

That Council direct Planning Services staff to undertake a review of the subject land and their context to determine what appropriate redevelopment opportunities exist, having regard to the issues identified in the Planning Services report dated March 7, 2017, in consultation with the local residents and the applicant.

 

CARRIED UNANIMOUSLY on a recorded

vote, Council voting as follows:

Recorded Vote

 

Yeas                                           Nays

Councillor Lishchyna

Councillor Adams

Councillor Grant

Councillor Knoll

Councillor Lapworth

Councillor Elgar

Mayor Burton

Councillor Hutchins

Councillor Gittings

Councillor Chisholm

Councillor Duddeck

Councillor O’Meara

 

 

The meeting recessed at 8:22 p.m. and reconvened at 8:30 p.m.

 

 

5.

Public Meeting Report, Proposed Zoning By-law Amendment & Draft Plan of Subdivision, Martillac Estates Inc.,
File No. Z. 1324.09 and 24T-16005/1324

 

 

-           Report from Planning Services Department,
February 27, 2017

 

 

The following communication(s) were distributed at the meeting:

-     (January 25, 2017) from Helena Targosinski, Special Services Clerk, Real Estate Department, Hydro One Networks Inc.

 

Moved by Councillor Elgar

 

1.

That comments from the public with respect to the Zoning By-law Amendment and Draft Plan of Subdivision application by Martillac Estates Inc. (File Z.1324.09, 24T-16005/1324), be received; and

 

2.

That notice of Council’s decision reflect that any comments received from the public will be appropriately addressed.

 

                                                                                                               CARRIED

 

 

6.

Public Meeting and Recommendation Report - Town-initiated Omnibus Zoning By-law Amendment to Zoning By-law 2014-014 (File 42.25.16) - All lands south of Dundas Street and north of Highway 407 - By-law 2017-025

 

 

-           Report from Planning Services Department,
February 27, 2017

-           Memorandum from Planning Services Department, March 20, 2017 (Distributed at meeting.)

 

 

For the purposes of Planning Act requirements, the following person(s) made an oral submission:

-     Denisia Mesinschi, re:  concerns with respect to an accessory dwelling unit, how to reconfigure her house to accommodate the unit and comply with the by-law, and requesting that the square footage and access requirements be reviewed and amended in Zoning By-law 2014-014.

 

Moved by Councillor O’Meara

 

1.

That By-law 2017-025, a by-law to make housekeeping, technical and other modifications to Zoning By-law 2014-014, as amended (Omnibus Zoning By-law Amendment, File 42.25.16), be passed, as revised;

 

2.

That notice of Council’s decision reflect that no comments were received from the public or, if comments are received, that they have been appropriately addressed; and

 

3.

That no further notice be required.

 

                                                                                                               CARRIED

 

 

15.

Heritage Oakville Advisory Committee (February 28, 2017)

 

 

The following person(s) made an oral submission:

-     Simon Fung, O’Connor Macleod Hanna LLP, on behalf of the property owners of 134 Thomas Street, re:  concerns with respect to clarity regarding the recommendation from the Heritage Oakville Advisory Committee approving the heritage permit application for 156 Randall Street, subject to the submission of revised plans.

 

Moved by Councillor Hutchins

 

That the following recommendation pertaining to Item 6b of the Heritage Oakville Advisory Committee minutes from its meeting on February 28, 2017, be approved and the remainder of the minutes be received:

 

b.    Heritage Permit Application HP002/17-42.20R - 156 Randall Street - Relocation of Heritage Building/Construction of Condominium

 

That Heritage Permit Application HP002/17-42.20R for the relocation of the Charles Davis House at 156 Randall Street to a new lot, demolition of the structure at 140 Thomas Street, be approved, with the following conditions and approval by Council:

a.     The revised plans for the new development be brought back to the Heritage Oakville Advisory Committee for further review and should address:

  i.    stepping back the new structure behind the relocated heritage building and existing heritage building at 134 Thomas Street;

 

 

 ii.    massing concerns of the proposed development on the Thomas Street streetscape; and

iii.    a sympathetic transition from the relocated heritage building to the new building.

 

                                                                                                               CARRIED

 

 

9.

Downtown Mitigation Strategy Framework

 

 

-           Report from Economic Development Department,
March 6, 2017

 

 

Moved by Councillor Gittings

 

That the report on the Downtown Mitigation Strategy Framework from the Economic Development department be received for information, and that staff report back to Council with detailed mitigation plans in Q1 2018.

 

                                                                                                               CARRIED

 

 

10.

Notice of Intention to Demolish - 3371 Trafalgar Road

 

 

-           Report from Planning Services Department,
February 28, 2017

 

 

Moved by Councillor Adams

 

1.

That a heritage easement agreement for the property at 3371 Trafalgar Road for the purpose of commemoration of the historic associations of the property be endorsed; and

 

a.

That the Town Solicitor be authorized to discharge the heritage easement agreement from title, at the expense of the owner, once the requirements in the agreement have been satisfied to the satisfaction of the Director of Planning Services or designate;

 

b.

That the heritage easement agreement be executed in accordance with By-law 2013-057; and

 

2.

That, following the registration of the heritage easement agreement, the property at 3371 Trafalgar Road be removed from the Oakville Register of Properties of Cultural Heritage Value or Interest.

 

                                                                                                               CARRIED


 

11.

Livable by Design Manual (Part C): Site Design and Development Standards for Oakville -- Modifications to document in response to PDC request from January 16, 2017 meeting

 

 

-           Report from Planning Services Department,
February 17, 2017

 

 

Moved by Councillor Elgar

 

1.

That the requested modifications incorporated into the design document, entitled Livable by Design Manual (Part C) – Site Design and Development Standards for Oakville (version 02.2017), be endorsed and staff be directed to implement; and

 

2.

That staff be authorized to make minor modifications/updates to the Livable by Design Manual (Part C) – Site Design and Development Standards for Oakville, and that major modifications to the design document be presented to Planning and Development Council for consideration and endorsement.

 

                                                                                                               CARRIED

 

 

12.

Heritage Planning Work Plan Update 2017-2019

 

 

-           Report from Planning Services Department,
February 28, 2017

 

 

Moved by Councillor Duddeck

 

That the report entitled, Heritage Planning Work Plan Update 2017-2019, dated February 28, 2017, from Planning Services, be received.

 

                                                                                                               CARRIED

 


 

13.

Patio and Outdoor Display Fees - Oakville's Business Improvement Areas

 

 

-           Report from Economic Development Department, February 20, 2017

 

 

Moved by Councillor O’Meara

 

1.

That the permit fees for patios and outdoor displays in Oakville’s Business Improvement Areas (BIAs), as approved by Council in 2014 for the three year pilot program, be extended to the end of 2019; and

 

2.

That the rental charge for the use of town-owned lands related to patios and outdoor displays in Oakville’s BIAs be waived until the end of 2019.

 

                                                                                                               CARRIED

 

 

C-1.

OMB Appeal - CAV A/191/2016, 401 Sandlewood Road

 

 

-           Confidential Report from Legal Department,
February 21, 2017

 

 

Moved by Councillor Lishchyna

 

1.

That the appeal to the Ontario Municipal Board of Committee of Adjustment Decision CAV A/191/2016, 401 Sandlewood Road, be confirmed;

 

2.

That the Minutes of Settlement for the Appeal attached as Appendix C to the report dated February 21, 2017, from the Legal department be approved and the Town Solicitor or his designate be authorized to execute the Minutes of Settlement on behalf of the Town; and

 

3.

That the Committee of Adjustment application fees be waived for the second application to the Committee of Adjustment respecting the Revised Design and Reduced Variance as part of the approved Minutes of Settlement.

 

                                                                                                               CARRIED

 


 

C-2.

Appeal to the OMB, CAV A/005/2017, 134 Miller Road

 

 

-           Confidential Report from Legal Department,
January 24, 2017

 

 

Moved by Councillor Lishchyna

 

1.

That the appeal to the Ontario Municipal Board of Committee of Adjustment Decision CAV A/005/2017, 134 Miller Road, attached as Appendix B to the report dated January 24, 2017, from the Legal department, be confirmed;

 

2.

That the Town Solicitor or his designate be authorized to pursue the Appeal in accordance with the position set out in Appendix C attached to the report dated January 24, 2017, from the Legal department; and

 

3.

That the Town Solicitor or his designate in consultation with the Director of Planning or his designate be authorized to negotiate a proposed settlement of the Appeal either before or at the Board Hearing in a manner that addresses the issues and concerns identified in Appendix C attached to the report dated January 24, 2017, from the Legal department.

 

                                                                                                               CARRIED

 

 

C-3.

Appeal to the OMB, CAV A/004/2017, 263 Westdale Road

 

 

-           Confidential Report from Legal Department,
January 25, 2017

-           Supplementary Confidential Report from Legal Department, March 9, 2017

 

 

Moved by Councillor Lishchyna

 

1.

That the report dated January 25, 2017, from the Legal department, regarding the appeal to the Ontario Municipal Board, CAV A/004/2017, 263 Westdale Road, be received;

 

2.

That the appeal to the Ontario Municipal Board of Committee of Adjustment Decision CAV A/004/2017, 263 Westdale Road, be confirmed;

 


 

3.

That the proposed settlement described in the report dated March 9, 2017, from the Legal department be approved and the Town Solicitor or his designate be authorized to execute Minutes of Settlement with the Applicant/Landowner on behalf of the Town that implements the settlement as so described in the report, such Minutes to be in form and content satisfactory to the Town Solicitor and the Director of Planning; and

 

4.

That the Town support an amendment to the Original Application by the Owners/Applicants at the Board Hearing to implement the proposed settlement and enable the Application as so amended to be considered and approved by the Board.

 

                                                                                                               CARRIED

 

C-4.

Appeal to the OMB, CAV A/009/2017, 148 Herald Avenue

 

 

-           Confidential Report from Legal Department,
February 1, 2017

 

 

Moved by Councillor Lishchyna

 

1.

That the appeal to the Ontario Municipal Board of Committee of Adjustment Decision CAV A/009/2017, 148 Herald Avenue, be confirmed;

 

2.

That the Minutes of Settlement for the Appeal attached as Appendix E to the report dated February 1, 2017, from the Legal department, be approved and the Town Solicitor or his designate be authorized to execute those Minutes of Settlement on behalf of the Town; and

 

3.

That the Town support an amendment to the Original Application by the Owners/Applicants at the Board Hearing to implement the proposed Settlement and enable the Revised Design with Reduced Variance to be considered and approved by the Board.

 

                                                                                                               CARRIED

 


 

8.

Recommendation Report - Metroly Developments (Sixth Line) - Proposed Zoning By-law Amendment, Z.1316.06,
By-law 2017-029

 

 

-           Report from Planning Services Department,
February 27, 2017

 

 

The following communication(s) were distributed at the meeting:

-     (March 20, 2017 and March 11, 2017)) from Anna Bolotnov

 

Moved by Councillor Knoll

 

1.

That, in accordance with Section 34 (17) of the Planning Act, no further notice is determined to be necessary;

 

2.

That the Zoning By-law Amendment (File Z.1316.06) by Metroly Developments, 2457667 Ontario Inc., as revised, be approved;

 

3.

That By-law 2017-029 be passed; and

 

4.

That comments from the public be received and that notice of Council’s decision reflect that the comments from the public have been appropriately addressed.

 

                                                                                                               CARRIED

 

 

RISE AND REPORT TO COUNCIL

 

Moved by Councillor Lapworth

 

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, 2 and 3, Public Hearing Items 4, 5, 6 and 7, Discussion Items 8, 9, 10, 11, 12, 13 and 14, Confidential Discussion Items C-1, C-2, C-3 and C-4, and Advisory Committee Minutes Item 15, as noted by the Clerk.

 


 

Moved by Councillor Hutchins          Seconded by Councillor Grant

 

That the report and recommendations of the Committee of the Whole be approved.

 

                                                                                                               CARRIED

 

 

CONSIDERATION AND READING OF BY-LAWS

 

Moved by Councillor Chisholm           Seconded by Councillor Hutchins

 

That the following by-law(s) be passed:

 

2017-015

A by-law to remove the Holding “H” Provision on lands described as 58 and 62 Shepherd Road (formerly 54-60 Shepherd Road) (Neilas (54 Shepherd Road) Design)), File No.: Z.1616.52.  (Re:  Item 1) 

 

2017-019

A by-law to amend By-law 2010-020, being a by-law to designate the St. Luke's Anglican Church at Palermo at 3114 Dundas Street West as a property of historical, architectural and/or contextual significance.

 

2017-025

A by-law to amend Town of Oakville Zoning By-law 2014‑014 to make a number of housekeeping, technical and other modifications affecting all Zones.(Town-initiated Omnibus Zoning By-law Amendment, File No. 42.25.16), as revised.
(Re:  Item 6)

 

2017-027

A by-law to dedicate certain land as part of a public highway (Block 392, Plan 20M-1183 - Wheat Boom Drive; Block 393, Plan 20M-1183 -Threshing Mill Boulevard; Block 394, Plan 20M-1183 - Postridge Drive; Part 1 on Plan 20R‑20602 - Threshing Mill Boulevard; Part 2 on Plan 20R‑20602 - Eighth Line).  (Re:  Item 3) 

 

2017-029

A by-law to amend the North Oakville Zoning By-law 2009‑189 to permit the use of lands described as 3058, 3062, 3066, 3070, 3074, and 3078 Sixth Line (formerly 3060 & 3072 Sixth Line, Part of Lot 16, Concession 1 N.D.S.) (Metroly Developments, File No.: 1316.06).  (Re:  Item 8)

 


 

2017-030

A by-law to declare that certain land is not subject to part lot control (Part of Blocks 501, 502 and 503, Plan 20M-1160 – Pendent Developments Limited)

 

2017-032

A by-law to declare that certain land is not subject to part lot control (Blocks 2 to 10, inclusive, Plan 20M-1170 – New Horizon Group 3340 Dundas Street West Inc.)

 

2017-033

A by-law to confirm the proceedings of a meeting of Council.

 

                                                                                                               CARRIED

 

 

ADJOURNMENT

 

 

The Mayor adjourned the meeting at 9:29 p.m.

 

 

 

 

 

                                                                                    ________________________________

                                                                                                        Kathy patrick

                                                                                                   ACTING TOWN CLERK

 

No Item Selected