TWENTY-FIFTH Meeting - Regular Session
The Town of Oakville Council
met in regular session to consider planning matters on this 6th day
of November, 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
- Ralph
Robinson
Staff: - R.
Green, Chief Administrative Officer
- J.
Clohecy, Commissioner of Community Development
- M.
Simeoni, Director of Planning Services
- J.
Barry, Director of Municipal Enforcement
- D.
Carr, Town Solicitor
- G.
Charles, Senior Manager of Current Planning and
Urban
Design
- D.
Childs, Manager of Policy Planning
- H.
Hecht, Manager of Current Planning – East District
- C.
McConnell, Manager of Current Planning – West District
- S.
Campbell, Supervisor By-law Services
- M.
Boswell, Supervisor Enforcement Services
- P.
Barrette, Senior Planner, Current Planning – West District
- L. Gill
Woods, Senior Planner, Policy Planning
- R. Thun,
Senior Planner, Current Planning – West District
- L. Musson,
Senior Planner, Current Planning – East District
- B.
Sunderland, Planner, Policy Planning
- D.
Wedderburn, Policy Planner, Planning Services
- V.
Tytaneck, Town Clerk
- N. Fiorentino,
Council and Committee Services Coordinator
Declarations of Pecuniary Interest
Councillor Lapworth declared a pecuniary interest in Item
3 - Recommendation Report - ClubLink Corporation ULC and ClubLink Holdings
Limited, Proposed Draft Plan of Subdivision, File No. 24T-17003/1519 - 1333
Dorval Drive, as one of his income tax clients is an employee
of Glen Abbey Golf Course.
Councillor Hutchins declared a pecuniary interest in Item
5 - Residential Rental Housing Licensing By-law, as he is the owner of a three
bedroom basement apartment.
Committee of the Whole
Moved by Councillor Lapworth Seconded
by Councillor Chisholm
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.
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- William
Leung, re: implications of the proposed by-law including increased costs to
landlords which will result in higher rent fees to tenants; and filed a written
submission.
- Denisia
Mesinschi, re: the need for clarification relating to classifications and
privacy rights within the proposed by-law which is necessary, but requires
modification to ensure clarity and fairness to both tenant and landlord.
- Arun
Pathak, President – Hamilton and District Apartment Association, re: the
implications of the proposed by-law with respect to the downloading of cost to
tenants, the reduction of affordable rental housing in Oakville, and the need
to mobilize the Province to act on rental matters related to student housing
rather than local governments.
- Liz
Polak, representing Century 21 Miller R.E. Ltd.,Brokerage, re: the proposed
by-law being cost prohibitive and suggested an incentive program to home
owners/landlords rather than a restrictive and punitive by-law; and filed a
written submission.
- Bruce
Williams, on behalf of the Oakville, Milton, and District Real Estate Board,
re: concerns with the lack of consultation with stakeholders regarding the
proposed by-law and the effects of a decrease in supply of rental housing in a
market already experiencing a shortage.
- David
Baer, re: lack of consultation with landlords while the staff report is
sympathetic to tenants.
- Stephen
Timmings, re: does not support staff recommendation with respect to this item.
- Pierce
Lang, re: the need for a residential rental housing licensing by-law that
assists with tenants rights, but is not punitive to all landlords as the
majority of landlords do follow the law.
- Terry
Gaumomd, re: reviewing alternative solutions related to student housing and potentially
the development of a permit process tied to on-campus housing development related
to number of students and demographics.
- Roseanne
Della Penna, re: landlord/tenant matters are to be addressed by the Landlord
and Tenant Board and not the Town of Oakville, and landlords are generally
given a bad reputation when not all landlords are bad people.
- David
Newton, re: request for Council to review other municipalities who have a
residential rental housing licensing by-law and recognizing that the by-law
does not work in those municipalities and has caused other issues as a result.
The following
communication(s) were distributed at the meeting:
- (undated)
Liz Polak and Elizabeth Novoa, Century 21 Miller Real Estate Ltd. Brokerage
- (undated)
Gary Reed, Royal LePage Realty Plus Oakville
- (November
6, 2017) Faye Lyons, Oakville Chamber of Commerce
- (November
6, 2017) Maximus Maximus
- (November
6, 2017) Dennis Horton, The Oakville, Milton, and District Real Estate Board
- (November
5, 2017) Carol Todd-Skuce
- (November
5, 2017) Michael Judd
- (November
4, 2017) Njoud Rahmouni
- (November
4, 2017) Jeff Mahannah
- (November
3, 2017) Paul Cates
- (November
2, 2017) Heather Belsito
- (November
2, 2017) Cullen Simpson
- (November
2, 2017) Louise G. Preston
- (November
1, 2017) Stephanie Gray
- (November
1, 2017) Kate Vanderburgh
- (May 21,
2017) Bjorn Brown
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Moved by Councillor Adams
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That the report dated October 16, 2017
from Municipal Enforcement Services, be received.
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CARRIED
UNANIMOUSLY
on
a recorded vote,
Council
voting as follows:
(Councillor Hutchins declared
a pecuniary interest on this item and did not vote.)
Recorded Vote
Yeas Nays
Councillor Lishchyna
Councillor Adams
Councillor Grant
Councillor Knoll
Councillor Lapworth
Councillor Elgar
Mayor Burton
Councillor Gittings
Councillor Chisholm
Councillor Duddeck
Councillor Robinson
Councillor O’Meara
RECESS
The meeting recessed at 8:40 p.m. and
reconvened at 8:45 p.m.
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C-1.
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OMB Appeals - North Oakville
(Dunoak, Bressa, Graydon Banning, Martilac, Minto, Green Ginger)
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Confidential Report from Legal Department,
October 23, 2017
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Moved by Councillor O’Meara
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That staff be authorized to proceed in
the Ontario Municipal Board Hearings in appeals related to applications
filed by Dunoak Developments Inc., Bressa Developments Limited, Graydon Banning
Limited, Martillac Estates Inc. and Green Ginger Developments Inc. in
accordance with the report from the Legal Department dated October 23,
2017.
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Simon Fung, Solicitor,
O’Connor MacLeod Hanna LLP, representing ten Speers Road property owners, re: concerns
and clarifications with the Official Plan Amendment with respect to: the
existing uses provision and the language used in this provision noting that his
clients prefer mandatory language such as “shall”, clarity on the language as it
relates to conformity of uses, and exemptions as they relate to building
heights and uses, clearer references identifying specific plans rather than
just using the term “this” plan, and concerns with reduced front yard parking
and set-backs; and filed a written submission.
The following
communication(s) were distributed at the meeting:
- (November
6, 2017) David A. McKay and Andrew Palumbo, MHBC Planning Urban Design and
Landscape Architecture
- (November
3, 2017) Patrick Laurence
- (October
18, 2017) Frederick Thibeault, Halton Catholic District School Board
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Moved by Councillor Chisholm
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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 Speers Road Corridor Study (File No.42.23.007) be
received.
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CARRIED
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2.
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Public Meeting Report -
Town-initiated Official Plan Amendment: Employment and Commercial Review
(Livable Oakville) - File No. 42.15.49
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Report from Planning Services Department,
October 16, 2017
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For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Mike Moffat, re: recognizing
and including in the mid-core hub review the small business enclave that’s been
in existence in Oakville for a long time within the boundaries of Reynolds,
Cornwall, Trafalgar and Englehart Street north. Requesting that this area be
studied as part of this review as it is an economic hub and is valuable with
its proximity to the Go Train station in Oakville.
- David Faye, David Faye
and Associates Inc., on behalf of Melrose Investments, re: the inclusion of Melrose
Business Park as a location within the Official Plan Amendment as a 200,000
square foot office/employment building is currently under construction in that
area, and this location has excellent exposure to the QEW corridor with the
ability for transit services to be supplied at the location.
- Helmath Strobel, Grand
Imports Inc., re: the lands at Dundas Street and Ninth Line with respect to the
property between Agram at the north east corner as well as the drive in theatre
to the south, and the request to convert the north part of that land to core
commercial but the south part to business commercial.
The following
communication(s) were distributed at the meeting:
- (November
6, 2017) Mark R. Flowers, Davies Howe Land Development Advocacy and Litigation
- (November
6, 2017) Christine Cote, SmartCentres Development
- (November
6, 2017) Oz Kemal, MHBC Planning Urban Design and Landscape Architecture
- (November 3, 2017) Joel D.
Farber, Fogler, Rubinoff LLP
- (November 3, 2017) Joel D.
Farber, Fogler, Rubinoff LLP
- (November 2, 2017) Michael S.
Polowin, Gowling WLG (Canada) LLP
- (October
31, 2017) Ruth Victor, Ruth Victor and Associates on behalf of Mattamy
Corporation submission dated October 30, 2017
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Moved by Councillor Knoll
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1.
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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 policy directions from the town’s Employment
and Commercial Review (File No.42.15.49) be received; and
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2.
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That the policy directions for related
studies from the town’s Employment and Commercial Review be received.
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CARRIED
The following
communication(s) were distributed at the meeting:
- (November
3, 2017) Mark R. Flowers, Davies Howe Land Development Advocacy and Litigation
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Moved by Councillor Elgar
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1. That the application for a plan of subdivision by ClubLink
Corporation ULC and ClubLink Holdings Limited respecting 1333 Dorval Drive
(File No. 24T-17003/1519) be refused; and
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2. That in making
its decision Council has fully considered all of the written and oral
submissions relating to the applications that have been received, both those in
support of and those in opposition to the application.
CARRIED
(Councillor Lapworth
declared a pecuniary interest on this item and did not vote.)
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Moved by Councillor Gittings
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That the Director of Planning Services
be authorized to grant draft plan approval to the Draft Plan of Condominium
(24CDM-17006/1613) submitted by Randall Rose Homes Corp., prepared by
Rady-Pentek & Edward Surveying Ltd., dated January 20, 2017, subject to
the conditions contained in Appendix ‘A’ of the report dated October 16,
2017, from the Planning Services department.
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CARRIED
BEYOND THE HOUR
Moved by Councillor Knoll
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:
- David Long, Sixth Line
Residents Association, re: requesting Council to reject any proposed
development that doesn’t meet current zoning standards and character of the
area and recognizing that the development application fails too many Livable
Oakville criteria, and is technically problematic especially concerning the
environment; and filed a written submission.
Waiving
of Procedure
Moved by Councillor Knoll
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.
CARRIED
Moved by Councillor Grant
That this meeting proceed
beyond the hour of 10:30 p.m.
CARRIED
- Jess Gill, re: in
opposition to development as it significantly affects the look, feel, and
character of the neighbourhood and has concerns with the proposed density; and
filed a written submission.
- David Long, on behalf
of Paul Doucet, presented a short video highlighting the natural features of
the property at 1020-1042 Sixth Line and the surrounding neighbourhood.
- John Ratellie, re:
supporting a plan that both the town and the builder can agree on noting that
the builder has responded with revised plans in response to residents’
concerns.
The following
communication(s) were distributed at the meeting:
- (November
6, 2017) Sandra and Glenn Edmondson
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Moved by Councillor Knoll
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That the report dated October 16, 2017
from Planning Services Department, be received.
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CARRIED
CLOSED SESSION
Moved by Councillor Knoll
That this
Committee resolve into a closed meeting session for the purpose of receiving
advice that is subject to solicitor-client privilege, including communications
necessary for that purpose, with respect to Item C-2, OMB Appeal – 1463291
Ontario Inc., Dunpar Developments Inc. File No. Z.1516.02.
CARRIED
RECESS
The meeting recessed at 11:09 p.m. and
reconvened at 11:11 p.m. in closed session.
Committee resolved into closed session at 11:11 p.m.
Committee resolved back into open session at 11:28 p.m.
Clerk’s Note: This motion was corrected at the Council
meeting of January 29, 2018.
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Moved by Councillor Knoll
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That the confidential report
dated October 19, 2017 from the Legal Department, be received.
CARRIED
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RISE AND REPORT TO COUNCIL
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Moved by Councillor Hutchins
That this committee rise and
report.
CARRIED
The Mayor arose and reported that
the Committee of the Whole has met and made recommendations on Confidential Consent
Item C1, Public Hearing Items 1 and 2, Discussion Items 3, 4, 5, and 6, and
Confidential Discussion Item C-2, as noted by the Clerk.
Moved by Councillor O’Meara Seconded
by Councillor Lishchyna
That the report and
recommendations of the Committee of the Whole be approved.
CARRIED
Moved by Councillor Grant Seconded
by Councillor Robinson
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2017-105
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A by-law to declare that certain land is
not subject to part lot control (Blocks 1, 2, 3, 4, 5, 6, 19, 20, 25, 26, 27,
28, 29, 30, 31 and 32, Plan 20M-1175 – Wild Ginger Developments Inc.)
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CARRIED
The
Mayor adjourned the meeting at 11:30 p.m.
________________________________
VICKI TYTANECK
TOWN
CLERK