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
In accordance with Section 3.2(1) of the
Procedure By-law, the items were considered out of order.
Moved by Councillor Duddeck
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1.
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That staff report titled Kerr
Village Community Improvement Plan – Building Façade Improvement Grant
Program – 2016 Monitoring Report, be received;
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2.
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That staff continue the pilot for the
Kerr Village Building Façade Improvement Grant Program in 2017;
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3.
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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
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4.
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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.
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CARRIED
1.
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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
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-
Report from Planning Services Department,
February 27, 2017
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The following
communication(s) were distributed at the meeting:
- (March 16, 2017) from Donna Lewis
Moved by Councillor O’Meara
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1.
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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
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2.
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That By-law 2017-015, a by-law to
remove the Holding “H” Provision from Zoning By-law 2014-014, as amended,
be passed.
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CARRIED
Moved by Councillor O’Meara
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1.
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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
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2.
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That the agreement with Mattamy
(Kaitting) Limited be executed in accordance with By-Law 2013-057.
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CARRIED
Moved by Councillor O’Meara
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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.
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CARRIED
The following
communication(s) were distributed at the meeting:
- (February 5, 2016) from Rosemarie L. Humphries, Humphries
Planning Group Inc.
Moved by Councillor Elgar
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1.
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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
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2.
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That notice of Council’s decision
reflect that any comments received from the public will be appropriately
addressed.
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CARRIED
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:
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3.
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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.
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CARRIED
The Mayor called for the vote on the main
motion, moved by Councillor Knoll, as amended:
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1.
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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;
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2.
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That notice of Council decision reflect
that the refusal of the application was consistent with comments received
from the public; and
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3.
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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.
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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.
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
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1.
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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
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2.
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That notice of Council’s decision
reflect that any comments received from the public will be appropriately
addressed.
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CARRIED
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
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1.
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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;
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2.
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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
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3.
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That no further notice be required.
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CARRIED
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
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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.
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CARRIED
Moved by Councillor Gittings
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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.
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CARRIED
Moved by Councillor Adams
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1.
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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
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a.
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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;
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b.
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That the heritage easement agreement be
executed in accordance with By-law 2013-057; and
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2.
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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.
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CARRIED
Moved by Councillor Elgar
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1.
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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
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2.
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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.
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CARRIED
Moved by Councillor Duddeck
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That the report entitled, Heritage
Planning Work Plan Update 2017-2019, dated February 28, 2017, from
Planning Services, be received.
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CARRIED
Moved by Councillor O’Meara
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1.
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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
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2.
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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.
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CARRIED
Moved by Councillor Lishchyna
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1.
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That the appeal to the Ontario
Municipal Board of Committee of Adjustment Decision CAV A/191/2016, 401
Sandlewood Road, be confirmed;
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2.
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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
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3.
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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.
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CARRIED
Moved by Councillor Lishchyna
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1.
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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;
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2.
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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
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3.
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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.
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CARRIED
Moved by Councillor Lishchyna
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1.
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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;
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2.
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That the appeal to the Ontario
Municipal Board of Committee of Adjustment Decision CAV A/004/2017, 263
Westdale Road, be confirmed;
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3.
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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
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4.
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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.
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CARRIED
Moved by Councillor Lishchyna
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1.
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That the appeal to the Ontario
Municipal Board of Committee of Adjustment Decision CAV A/009/2017, 148
Herald Avenue, be confirmed;
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2.
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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
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3.
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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.
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CARRIED
The following
communication(s) were distributed at the meeting:
- (March 20, 2017 and March 11, 2017)) from Anna Bolotnov
Moved by Councillor Knoll
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1.
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That, in accordance with Section 34
(17) of the Planning Act, no further notice is determined to be
necessary;
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2.
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That the Zoning By-law Amendment (File
Z.1316.06) by Metroly Developments, 2457667 Ontario Inc., as revised, be
approved;
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3.
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That By-law 2017-029 be passed; and
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4.
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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.
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CARRIED
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
Moved by Councillor Chisholm Seconded
by Councillor Hutchins
CARRIED
The
Mayor adjourned the meeting at 9:29 p.m.
________________________________
Kathy patrick
ACTING
TOWN CLERK