TWENTY-THIRD Meeting - Regular Session
The Town of Oakville Council
met in regular session to consider planning matters on this 10th day
of October 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
- Jeff Knoll
- Roger Lapworth
- Natalia Lishchyna
- Sean O’Meara
- Ralph Robinson
Staff - J.
Clohecy, Commissioner of Community Development
- D. Carr, Town Solicitor
- M. Simeoni, Director of
Planning Services
- D.
Lambert, Director of Development Engineering
- G.
Charles, Senior Manager of Current Planning and Urban Design
- D. Childs, Manager of
Policy Planning and Heritage
- H.
Hecht, Manager of Current Planning – East District
- C.
McConnell, Manager of Current Planning – West District
- R. Thun,
Senior Planner, Current Planning – West District
- P. Barrette,
Senior Planner, Current Planning – West District
- L. Gill
Woods, Senior Planner, Policy Planning
- T.
Collingwood, Senior Planner, Current Planning – East District
- G. Abma,
Planner, Current Planning - East District
- K.
Patrick, Acting Town Clerk
- N.
Fiorentino, Council and Committee Coordinator
Regrets: Councillor - Nick Hutchins
Declarations of Pecuniary Interest
Councillor Robinson declared a pecuniary
interest in Item 9 - Recommendation Meeting Report, Zoning By-law Amendment,
Trustees of Hopedale Presbyterian Church.,156 Third Line, File No. Z.1726.07,
By-law 2017-043, as he is a voting member of the Hopedale Presbyterian Church
and has been involved in the application that is on this evening’s agenda.
Committee of the Whole
Moved by Councillor Duddeck Seconded
by Councillor Gittings
That this meeting proceed into
a Committee of the Whole session.
CARRIED
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Moved by Councillor Duddeck
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1.
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That the application (File No.:
Z.1315.06) submitted by Sixth Line Corporation, to remove the “H” Holding
provision from Blocks 13-30, 46, 80-114, 118-239, 264-267, 370-379, 385-400,
403-406, 412, and 415-423 on Plan 20M-1186, be approved; and
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2.
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That By-law 2017-092, a by-law to
remove the “H” Holding provision from Blocks 13-30, 46, 80-114, 118-239,
264-267, 370-379, 385-400, 403-406, 412, and 415-423 on Plan 20M-1186, be passed.
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CARRIED
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Moved by Councillor Duddeck
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1.
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That the application (File No.:
Z.1617.40) submitted by Memory Care Investments Oakville, to remove the “H”
Holding provision from 105 Garden Drive, be approved; and
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2.
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That By-law 2017-075, a by-law to
remove the “H” Holding provision from 105 Garden Drive, be passed.
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CARRIED
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Moved by Councillor Chisholm
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That comments from the public with
respect to the Zoning By-law Amendment application by Halton Catholic
District School Board (File No. Z.1618.24), be received.
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Clive
Martin, re: concerns with the height, density, and number of floors of the
proposed development, as well as traffic, parking, and safety concerns; and filed
a written submission.
- Eric
Mortzo, on behalf of applicant Sabrina Homes, noted that the development is
proposed to be 12 meters high with three stories and no loft space is proposed.
The following
communication(s) were distributed at the meeting:
- (August 30, 2017), Gord Hawley
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Moved by Councillor O’Meara
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That comments from the public with
respect to the Official Plan Amendment, Zoning By-law Amendment and Draft
Plan of Subdivision applications by Sabrina Homes (East Street
Acquisitions) Inc. (File No. OPA 1728.63, Z.1728.63, 24T-17005/1728), be
received.
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Michael
Bissett, on behalf of applicant, noting that two public open houses have been
planned and that he is present to answer any questions.
The following
communication(s) were distributed at the meeting:
- (October 10, 2017), Kathy Ljiljamic
- (September 29, 2017), Jason Alvarez
- (September 19, 2017), Terry Medeiros
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Moved by Councillor Lishchyna
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That the comments from the public with
respect to the plan of subdivision and zoning by-law amendment application
by Halton Catholic District School Board, File No. 24T-16008 Z.1410.20, be
received.
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CARRIED
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6.
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Public Meeting Report
Proposed Official Plan & Zoning
By-law Amendments
Town of Oakville former Public
Works Site, File: 42.24.018
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Report from Planning Services Department,
September 18, 2017
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The following
communication(s) were distributed at the meeting:
- (October 7, 2017), Nigel F. Byars
- (September 18, 2017), Amal Abou El Fotouh
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Moved by Councillor Knoll
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1.
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That the report from the Planning
Services Department, dated September 18, 2017, entitled “Public Meeting
Report – former Public Works Site” be received.
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2.
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That comments from the public with
respect to the town-initiated Official Plan and Zoning By-law Amendments to
implement the Master Plan for the former Public Works site (file:
42.24.018), be received.
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CARRIED
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Moved by Councillor Robinson
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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 By-law 2017-087 be passed;
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3.
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That the application for Zoning By-law
Amendment and Draft Plan of Subdivision by Sabrina Homes (Burloak
Acquisitions) Inc., (File Z.1735.12, 24T-17002/1735), reflecting four
lots, be approved;
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4.
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That the Director of Planning Services
be authorized to grant draft plan approval to the Draft Plan of Subdivision
(24T-17002/1735) submitted by Sabrina Homes (Burloak Acquisitions) Inc.,
prepared by Candevcon Ltd., dated April 7, 2017, subject to the conditions
contained in Appendices B and C of the staff report prepared by Planning
Services Department dated September 18, 2017;
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5.
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That once 24T-17002/1735 has been draft
approved by the Director of Planning Services, the Town enter into a
Subdivision Agreement to the satisfaction of the CAO and Town Solicitor, or
designates;
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6.
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That the Subdivision Agreement be
executed in accordance with By-law 2013-057;
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7.
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That the Urban Design Brief document
prepared by MHBC dated September, 2017, which provides specific directions,
be approved; and
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8.
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That notice of Council’s decision
reflects that the comments from the public have been appropriately
addressed as described in Planning Services staff report dated September
18, 2017.
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- David
Nelson, on behalf of the applicant, noted that there is a road widening
included in this application that will reflect the needs on Bronte Road and
noted that a noise study was completed but not an air quality study.
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Moved by Councillor Lapworth
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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
application by Golden Arch Tech Investment Corp, File Z.1431.16, as
revised, be approved;
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3.
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That By-law 2017-076 be passed; and
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4.
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That notice of Council’s decision
reflects that the comments from the public have been appropriately
addressed as described in staff report from Planning Services Department
dated September 18, 2017.
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CARRIED
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Moved by Councillor O’Meara
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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 application for Zoning By-law
Amendment by Trustees of Hopedale Presbyterian Church,
(File Z.1726.07), be approved;
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3.
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That By-law 2017-043 be passed; and
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4.
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That notice of Council’s decision
reflects that the comments from the public have been appropriately
addressed as described in staff report from Planning Services Department
dated September 18, 2017.
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5.
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That the future parkland cash-in-lieu
payment be deferred until after the registration of the lots on terms to
the satisfaction of the Director of Planning Services and Town Solicitor.
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CARRIED
(Councillor
Robinson declared a pecuniary
interest
on this item and did not vote.)
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Moved by Councillor Duddeck
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That the minutes of the Livable Oakville
(Official Plan Review) Council Sub-committee meeting of September 11, 2017,
be received.
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CARRIED
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Moved by Councillor Duddeck
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That the following recommendations
pertaining to Items 6a, b, and c of the Heritage Oakville Advisory Committee
minutes from its meeting on September 26, 2017, be approved and the remainder
of the minutes be received:
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6a.
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Heritage Permit Application
HP042/17-42.20R - 133 Rebecca Street - New Shade Structure
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- Report from Planning
Services Department, August 28, 2017
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1.
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That Heritage Permit Application
HP04211-42.20R for the construction of a new shade structure, as attached
in Appendix B to the report dated August 28, 2017 from Planning Services,
be denied; and
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2.
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That the opportunity be taken to
redesign the shade structure in a manner that is more compatible with the
heritage features of the property and location.
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6b.
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Heritage Permit Application HP046/17-42.20W
- 307 William St - New 1-storey sunroom addition; new 1-storey detached
garage; and, demolish existing 1-storey shed and existing, non-historic
chimney
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- Report from Planning
Services Department, September 14, 2017
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1.
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That Heritage Permit Application
HP046/17-42.20W for construction of a new 1-storey addition; a new 1-storey
detached garage; the demolition of an existing, 1-storey shed; and the
demolition of a non-historic cinder block chimney at 307 William Street, as
attached in Appendix B to the report dated September 14, 2017 from Planning
Services, be approved subject to the following conditions:
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a.
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That the sunroom addition and new
garage be clad in wood siding, to match the existing cladding on the
historic home;
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b.
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That the proposed skylights and
basement windows be metal and not vinyl;
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c.
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That relevant design details and
specifications detailing the new metal windows are submitted to Heritage
Planning staff for final approval;
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d.
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That the proposed roofing material for
the 1-storey sunroom addition will be appropriate to the scope of the roof
application; and
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e.
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That the roofing material for the
1-storey detached garage shall be asphalt shingle.
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2.
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That this heritage permit expire two
years from the date of final approval by Council.
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1.
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That Heritage Permit Application HP045/17-42.20K
for the construction of a new garage and the extension of an existing
verandah at 212 King Street, as attached in Appendix B to the report dated
September 8, 2017 from Planning Services, be approved subject to the
following:
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a.
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That the first floor bay-window be
retained on-site and reused in future alterations/ additions; and
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b.
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That the pitch of the roof on the
proposed garage match the pitch of the roof on the existing house, if
permissible under the zoning by-law.
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2.
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That this heritage permit expire two
years from the date of final approval by Council.
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CARRIED
The Mayor recessed the meeting until
October 11, 2017, to be reconvened in the Council Chamber of the Oakville
Municipal Building at 7:00 p.m.
The meeting recessed
at 8:12 p.m.
TWENTY-THIRD Meeting - Regular Session
The Town of Oakville Council
reconvened in regular session to consider planning matters on this 11th
day of October, 2017 to complete the Council meeting of October 10, 2017. 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
- Ray Chisholm
- Cathy Duddeck
- Allan Elgar
- Marc Grant
- Nick Hutchins
- Jeff Knoll (Left at 8:40 p.m., back at 9:00 p.m.)
- Roger Lapworth
- Natalia Lishchyna
- Sean O’Meara
- Ralph Robinson
Staff - J.
Clohecy, Commissioner of Community Development
- D. Carr, Town Solicitor
- M. Simeoni, Director of
Planning Services
- G.
Charles, Senior Manager of Current Planning and Urban Design
- D. Childs, Manager of
Policy Planning and Heritage
- H.
Hecht, Manager of Current Planning – East District
- C.
Tizzard, Manager of Urban Design – Planning Services
- L. Gill
Woods, Senior Planner, Policy Planning
- B.
Sunderland, Planner, Policy Planning
- C. Dodds,
Planner, Policy Planning and Heritage
- K.
Mihaljevic, Planner
- K.
Patrick, Acting Town Clerk
- N.
Fiorentino, Council and Committee Coordinator
Regrets: Councillor - Dave Gittings
Declarations of Pecuniary Interest
Councillor Lapworth declared a pecuniary
interest on New Business Item C-1 - Update and Instructions Re: Glen Abbey –
Solicitor Client Privilege, as one of his income tax clients is an employee of
Glen Abbey Golf Course.
Councillor Knoll declared a pecuniary
interest on Item 13 - Public Meeting Report -
Town-initiated Official Plan Amendment: Kerr Village Growth Area Review
(Livable Oakville) - File No. 42.15.55, as he is the operator of a business
that will be impacted by the outcome of the study.
RECESS
The meeting recessed at 7:01 p.m. and
reconvened at 7:06 p.m.
In accordance with Section 3.2(1) of the
Procedure By-law, the items were considered out of order.
NEW BUSINESS
C-1. Update and Instructions Re: Glen Abbey - Solicitor
Client Privilege
-
Confidential Report from Legal Department,
October 10, 2017
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Moved by
Councillor Elgar
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That the
Town Solicitor be instructed as set out in the confidential report of the
Legal Department, dated October 10, 2017.
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CARRIED
UNANIMOUSLY
on a recorded vote,
Council voting as follows:
(Councillor Lapworth
declared a pecuniary interest on this item and did not vote.)
Recorded Vote
Yeas Nays
Councillor Lishchyna
Councillor Adams
Councillor Grant
Councillor Knoll
Councillor Elgar
Mayor Burton
Councillor Hutchins
Councillor Chisholm
Councillor Duddeck
Councillor Robinson
Councillor O’Meara
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Catharine
Marshall, re: the negative impacts of bonusing, and focusing on winning retail
conditions within a healthy retail area in Bronte. Concerned with the overall
implications to retail stores and the shopping experience, and encouraged low
density design with lots of open vistas and the ability for sunshine to be
experienced which leads to positive shopping experiences and an attractive tourist
and walking area; and filed a written submission.
- Ann
Sargent, Executive Director – Bronte BIA, re: struggling businesses along
Lakeshore in Bronte and the loss of businesses to nearby areas due to a variety
of reasons such as increased online shopping and the seasonal effects of winter,
lack of parking spaces. Requesting revitalization in Bronte and new
development, higher density with high quality urban design and landscaped
streetscapes while preserving the historic lakeside village character; and
filed a written submission.
- David
Nelson, re: questions on the level of protection on the parkway/beltway areas. Had
concerns regarding Bronte Bluff and supports staff recommendation.
The following
communication(s) were distributed at the meeting:
- (undated), Steven Rogul
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Moved by Councillor Robinson
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That comments from the public with
respect to the town-initiated official plan amendment to the Livable
Oakville Plan to implement the Bronte Village Growth Area Review (File
No.42.15.51) be received.
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CARRIED
Councillor Knoll declared a pecuniary
interest on Item 13 which is noted earlier in the agenda and left the meeting.
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Ken
Thompson, re: lives on Speers Road and had questions concerning the streetscape
and urban design concept in the area and adjacent properties.
- Doug Sams,
Executive Director, Kerr Village Business Improvement Area, re: the BIA offered
recommendations to staff and is in support of the review.
- Jim
Knowlton, re: question if other areas are being considered for bonusing that
are not currently identified as such on the plan and wanted bonusing considered
at 79 Wilson Street.
The following
communication(s) were distributed at the meeting:
- (October 10, 2017), Jon and Kendra Olsen
- (October 5, 2017), Sabina Lefler
- October 2, 2017), Gregory Perkell
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Moved by Councillor Duddeck
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That comments from the public with
respect to the town-initiated official plan amendment to the Livable
Oakville Plan to implement the findings of the Kerr Village Growth Area
Review (File No. 42.15.55) be received.
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CARRIED
(Councillor Knoll declared
a pecuniary interest on this item and left the meeting.)
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Nick
Bourikas, Chair, Downtown Oakville Business Improvement Area, re: supporting
the staff recommendation and noted the lack of shopping traffic in the area
during normal 9 a.m. to 5 p.m. business hours. and suggested a feasibility
study for the ability to have commercial space to potentially remedy the lack
of traffic; and filed a written submission.
- Lydia
Koop, re: supportive of the plan but has general concerns with the inability to
cycle in downtown Oakville and suggests that public access be available along
the river.
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Moved by Councillor Hutchins
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That comments from the public with
respect to the town-initiated official plan amendment to the Livable
Oakville Plan to implement the findings of the Downtown Oakville Growth
Area Review (File No. 42.15.54) be received.
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Denise
Purcell, Director, Trafalgar Chartwell Residents Association, re: requests
Council defer decision on zoning and concerns with the relocation of the
current playground area into a much smaller corner area that is insufficient
space for children to actively play; supports the need for more green space and
filed a written submission.
- Janet
Haslett-Theall, on behalf of Joshua Creek Residents Association, re: concerns
with the relocation of the current playground area into a much smaller corner
area that is insufficient space for children to actively play and would support
the need for more green space.
- George
Niblock, President, Oakville Lakeside Residents Association, re: concerns with
the relocation of the current playground area into a much smaller corner area
that is insufficient space for children to actively play and noted the
importance of investigating alternatives to the elimination of the green space
for the proposed seven residential lots; and filed a written submission.
- Eric
Bremermann re: concerns with the relocation of the current playground area into
a much smaller corner area that is insufficient space for children to actively
play and against building on the land, wants to preserve green space.
The following
communication(s) were distributed at the meeting:
- (October 11, 2017), Paul Craig
- (October 10, 2017), Natalie Jenner and Rob Leek
- (September 25, 2017), Sylvie and Nicholas Seiersen
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Moved by Councillor Hutchins
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That comments from the public with
respect to the town initiated Official Plan Amendment and Zoning By-law
Amendment by the Town of Oakville (File No. OPA 1612.13 and Z.1612.13) be
received.
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CARRIED
BEYOND THE HOUR
Moved by Councillor Lishchyna
That this meeting proceed past the hour of
10:00 p.m., but no later than 10:30 p.m.
CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Paul
Ambrose, representing Trafalgar Chartwell Residents Association and Oakville
Lakeside Residents Association, re: supporting the staff recommendations and
questioned if the sale of the high school would implicate the removal of the
civic space; and filed a written submission.
- Janet
Haslett-Theall, representing Joshua Creek Residents Association, re: the
importance and the need for having a civic space and ensuring that the civic
space remains.
- Jan
Driver, re: concerns with the roadway/parking garage and its limited use and
requested that alternative accesses be sought; and filed a written submission.
- George
Niblock, President, Oakville Lakeside Residents Association, re: area of
uncertainty around old Oakville Trafalgar school site and retrofitting for
seniors would be complex. (Clerk’s Note: Delegation was unable to finish due to
a lost vote to waive procedure.)
The following
communication(s) were distributed at the meeting:
- (October 6, 2017), Jingmin Jia
Waiving
of Procedure
Moved by Councillor Hutchins
That, in
accordance with Section 1.2(2) of the Procedure By-law, the rules of procedure
established in Section 4.2(2) be waived to permit the meeting to proceed beyond
the hour of 10:30 p.m.
MOTION
LOST
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Moved by Councillor Hutchins
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1.
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That the report from the Planning
Services Department, dated September 18, 2017, entitled “Public Meeting
Report – former Oakville-Trafalgar Memorial Hospital Lands”, be received.
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2.
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That comments from the public with
respect to the town-initiated Official Plan and Zoning By-law Amendments to
implement the preferred development scenario for the former
Oakville-Trafalgar Memorial Hospital lands (File #: 42.24.017), be received.
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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
and 2, Public Hearing Items 3, 4, 5 and 6, Discussion Items 7, 8, and 9,
Advisory Committee Minutes Items 10 and 11 on October 10, and Public Hearing
Items 12, 13, 14, 15 and 16 and New Business Item C-1 this evening, as noted by
the Clerk.
Moved by Councillor O’Meara Seconded by Councillor
Knoll
That the report and
recommendations of the Committee of the Whole be approved.
CARRIED
NEW BUSINESS
On behalf of Council, Mayor Burton offered
congratulations to Councillor Elgar on his birthday celebration this evening.
Moved by Councillor Chisholm Seconded
by Councillor Robinson
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That the following by-law(s) be passed:
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2017-092
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A by-law to remove the Holding “H” Provision on
lands described as Blocks 13-30, 46, 80-114, 118-239, 264-267, 370-379, 385-400, 403-406, 412, and 415-423 on Registered Plan 20M-1186 (Sixth Line Corporation, File No.:
Z.1315.06H) (Re: Item 1)
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CARRIED
The
Mayor adjourned the meeting at 10:29 p.m.
________________________________
Kathy patrick
ACTING
TOWN CLERK