Meeting - Regular Session

FIFTEENTH Meeting - Regular Session

 

The Town of Oakville Council met in regular session to consider planning matters on this 11th day of June, 2018 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

                                                -     Cathy Duddeck

                                                -     Ray Chisholm

                                                -     Allan Elgar

                                                -     Dave Gittings

                                                -     Marc Grant

                                                -     Jeff Knoll

                                                -     Natalia Lishchyna

                                                -     Peter Longo

                                                -     Sean O’Meara

                                               

Staff:                                       -     J.  Clohecy, Commissioner of Community Development

                                                -     D. Carr, Town Solicitor

                                                -     J.  Huctwith, Assistant Town Solicitor

                                                -     M. Simeoni, Director of Planning Services

                                                -     D. St. George, Director of Economic Development

                                                -     G. Charles, Senior Manager of Current Planning and Urban Design

                                                -     E. Lehtinen, Manager of Permits and Inspection

                                                -     D. Childs, Manager of Policy Planning and Heritage

                                                -     C. McConnell, Manager of Current Planning West District

                                                -     C. Tizzard, Manager of Urban Design

                                                -     R. Stormes, Senior Economic Development Officer

                                                -     K. Biggar, Senior Planner

                                                -     T. Collingwood, Senior Planner – East District

                                                -     R. Thun, Senior Planner

                                                -     P. Barrette, Senior Planner - West District

                                                -     G. Abma, Policy Planner

                                                -     C. Dodds, Planner

-     K. Patrick, Acting Town Clerk

-     N. Fiorentino, Council and Committee Services Coordinator

 

 

Regrets: Councillors           -     Nick Hutchins

-     Ralph Robinson

 

 

 

 

Declarations of Pecuniary Interest

 

No declarations of pecuniary interest were declared.

 

 

Committee of the Whole

 

Moved by Councillor O’Meara                    Seconded by Councillor Elgar

 

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.

 

1.

Subdivision Agreement - Mattamy Petgor Phase 2  (404072 Ontario Limited) 24T-12011

 

 

-           Report from Development Engineering Department,

April 17, 2018

 

 

Moved by Councillor O’Meara

 

1.

That a subdivision agreement between the Town and 404072 Ontario Limited be finalized in accordance with the standard agreement format;

 

2.

That the Town Solicitor be authorized to make minor changes to the Agreement, which do not affect the substance of the Agreement; and

 

3.

That the agreement with 404072 Ontario Limited be executed in accordance with By-law 2013-057.

                                                                                                               CARRIED

 

 

2.

Planning Act - Section 42 By-law Amendment

 

 

-           Report from Legal Department, May 18, 2018

 

 

Moved by Councillor O’Meara

 

That this item be withdrawn to provide further opportunity for discussion prior to submission to Council for consideration.

                                                                                                               CARRIED

 

3.

Subdivision Agreement - 165 Charnwood Drive  24T-15001

 

 

-           Report from Development Engineering Department,

May 18, 2018

 

 

Moved by Councillor O’Meara

 

1.

That a subdivision agreement between the Town and TIBURTINO BUILDUP (BT) CORP be finalized in accordance with the standard agreement format;

 

2.

That the Town Solicitor be authorized to make minor changes to the agreement, which do not affect the substance of the Agreement; and

 

3.

That the agreement with TIBURTINO BUILDUP (BT) CORP be executed in accordance with By-law 2013-057.

                                                                                                                       

                                                                                                               CARRIED

 

 

4.

Public Meeting Report - Brownfield Community Improvement Plan

 

 

-           Report from Economic Development Department,

May 14, 2018

 

 

Moved by Councillor Adams

 

That comments from the public regarding the Brownfield Community Improvement Plan be received.

                                                                                                                       

                                                                                                               CARRIED

 

 

5.

Public Meeting and Recommendation Report, Zoning By-law Amendment, All Seniors Care Acquisitions Ltd., 2135 Dundas Street West, File No. Z.1327.01

 

 

-           Report from Planning Services Department, May 18, 2018

 

 

Moved by Councillor Elgar

 

1.

That Zoning By-law Amendment application submitted by All Seniors Care Acquisitions Ltd. (File No. Z.1327.01), as revised, be approved on the basis that the application is consistent with the Provincial Policy Statement, conforms or does not conflict with all applicable Provincial plans, conforms with the Region of Halton Official Plan and North Oakville West Secondary Plan, has regard for matters of Provincial interest, and represents good planning for the reasons outlined in the report from the Planning Services department dated May 18th, 2018;

 

2.

That By-law 2018-089, an amendment to Zoning By-law 2009-189, be passed;

 

3.

That notice of Council’s decision reflects that the comments from the public have been appropriately addressed; and,

 

4.

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

 

                                                                                                               CARRIED

 

 

6.

Public Meeting and Recommendation Report - Town-initiated Site Specific Zoning By-law Amendment to By-law 2014-014 (File: Z.1424.09) - 1388 Dundas Street West - By-law 2018-081

 

 

-           Report from Planning Services Department, May 18, 2018

 

 

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

-     (June 8, 2018), Antonella Ronca

 

Moved by Councillor Elgar

 

1.

That the town-initiated Zoning By-law Amendment application (File No. Z.1424.09), be approved on the basis that the application is consistent with the Provincial Policy Statement, conforms or does not conflict with all applicable Provincial plans, conforms with the Region of Halton Official Plan and the Livable Oakville Official Plan, has regard for matters of Provincial interest, and represents good planning for the reasons outlined in the report from the Planning Services department dated May 18, 2018;

 

2.

That By-law 2018-081, a by-law to make housekeeping modifications to Zoning By-law 2014-014, as amended, be passed; and

 

3.    That notice of Council's decision reflects that the comments from the public have been appropriately addressed.

 

                                                                                                               CARRIED


 

7.

Statutory Public Meeting and Recommendation Report - Town-Initiated Official Plan Amendments - North Oakville Secondary Plans Review - By-law 2018-074 (OPA No. 321, North Oakville East Secondary Plan) and By-law 2018-075 (OPA No. 322, North Oakville West Secondary Plan) - File No. 42.15.56

 

 

-           Report from Planning Services Department, May 18, 2018

 

 

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

-     (June 11, 2018), Scott Snider, Turkstra Mazza Associates (Including binder submission from North Oakville Community Builders Inc. (NOCBI))

-     (June 11, 2018), Russell D. Cheeseman, Barrister and Solicitor

-     (June 11, 2018), Dave Hannam, Zelinka Priamo Ltd.

-     (June 11, 2018), Emma West, Bousfields Inc. and second revised submission also dated (June 11, 2018), Emma West, Bousfields Inc.

-     (June 11, 2018), Kimberly L. Beckman, Davies Howe LLP

-     (Including binder submission from North Oakville Community Builders Inc. (NOCBI))

-     (June 8, 2018), Jessica Bester, Conservation Halton

 

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

 

David Capper, Glen Schnarr and Associates Inc., representing the McGowan family with property located on northwest corner of Dundas and Neyagawa, re: the ‘Dundas Urban Core’ designation with a secondary school site overlay of the property. Mr. Capper noted that correspondence was submitted at the February 12, 2018 Council meeting concerning this matter and advised that Appendix B of this item includes that submission, however; Appendix C wording has misinterpreted their submission. Mr. Capper noted that they are requesting for the school site overlay designation to be removed from the north Oakville secondary plans and the future consolidated Livable Oakville plan thereby ensuring consistency. Mr. Capper clarified that this is not a site specific request only to this property, but rather encompasses all of North Oakville school sites. Mr. Capper stated that they are of the opinion that the requested amendment is an important consideration of this phase of the North Oakville review and should not be delayed until a later phase of the review process and request Council reconsider their request despite staff’s position on the matter.

 

Moved by Councillor Knoll

 

1.

That the proposed town-initiated official plan amendments (File No. 42.15.56, North Oakville Secondary Plans Review) be approved on the basis that they are consistent with the Provincial Policy Statement, conform to all applicable Provincial Plans and Halton’s Regional Official Plan, have regard for matters of Provincial interest and represent good planning for the reasons set out in the report from the Planning Services department dated May 18, 2018;

 

2.

That By-law 2018-074, a by-law to adopt Official Plan Amendment Number 321 (OPA 321) to the North Oakville East Secondary Plan be passed;

 

3.

That By-law 2018-075, a by-law to adopt Official Plan Amendment Number 322 (OPA 322) to the North Oakville West Secondary Plan be passed;

 

4.

That the notice of Council’s decision reflects that Council has fully considered all of the written and oral submissions relating to this matter and that those comments have been appropriately addressed;

 

5.

That the Halton District School Board be requested to determine the location of the school required to accommodate the needs of the North Oakville East Secondary Plan as soon as possible and bring forward a Zoning Amendment to permit the new school and release its interest in any other lands on the 20 acre block; and 

 

6.

That staff be requested to report by the end of 2018 on the status of the HDSB secondary school location.

 

                                                                                                               CARRIED

 

                                                                                                                       

8.

Recommendation Report, Zoning By-law Amendment and Draft Plan of Subdivision, Halton Catholic District School Board, 2123 Hixon Street, File No.: Z.1727.16 and 24T-18002/1727, By-law 2018-053

 

 

-           Report from Planning Services Department, May 18, 2018

 

 

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

 

Sabatina Vassalli, re: Lot 13 of this development which closely abuts Ms. Vassalli’s property and noted that Lot 13 is a very small lot in comparison to the other lots of the same development. While the lot size may be permissible, it is not consistent with the sizes of lots in the area or of the community generally. Ms. Vassalli also expressed concern with the number of trees that are proposed to be removed on this lot noting that the trees on this lot are 30% of the entire trees in the area that are proposed to be taken down. Ms. Vassalli added that the development of Lot 13 is intrusive to herself and her abutting neighbour and requested that the two lots beside lot 13 be made larger to include lot 13 as part of their lots thereby removing the small lot entirely.

 

Moved by Councillor O’Meara

 

1.

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

 

2.

That Zoning By-law Amendment and Draft Plan of Subdivision application submitted by Halton Catholic District School Board (File No. Z.1727.16 and 24T-18002/1727), be approved on the basis that the application is consistent with the Provincial Policy Statement, conforms or does not conflict with all applicable Provincial plans, conforms the Region of Halton Official Plan, and the Livable Oakville Official Plan, has regard for matters of Provincial interest, and represents good planning for the reasons outlined in the report from the Planning Services department dated May 18, 2018.

 

3.

That the Director of Planning Services be authorized to grant draft plan approval to the Draft Plan of Subdivision (24T-18002/1727) submitted by Halton Catholic District School Board, prepared by Weston Consulting Ltd. dated revised March 28, 2018 subject to the conditions contained in Appendices A and B.

 

4.

That once 24T-18002/1727 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.

 

5.

That the Subdivision Agreement be executed in accordance with By-law 2013-057.

 

6.

That By-law 2018-053, an amendment to Zoning By-law 2014-014, as amended, be passed.

 

7.

That the Urban Design Brief document prepared by MHBC dated May 2018, which provides specific directions, be approved.

 

8.

That notice of Council’s decision reflect that Council has fully considered all written and oral submissions related to this matter and that these comments have been appropriately addressed.

                                                                                                                       

                                                                                                               CARRIED

 

9.

Recommendation Report: Livable by Design Manual (Part B) -- Urban Design Direction Documents for Bronte Village Growth Area and Kerr Village Growth Area

 

 

-           Report from Planning Services Department, May 18, 2018

 

 

Moved by Councillor O’Meara

 

1.

That the Planning Services Department report dated May 18, 2018 entitled Livable by Design Manual (Part B) – Urban Design Direction Documents for Bronte Village Growth Area and Kerr Village Growth Area, be received;

 

2.

That the urban design document, entitled Livable by Design Manual (Part B) – Urban Design Direction for Bronte Village Growth Area (v.01.2018), be approved and staff be directed to implement;

 

3.

That the urban design document, entitled Livable by Design Manual (Part B) – Urban Design Direction for Kerr Village Growth Area (v.01.2018), be approved and staff be directed to implement; and

 

4.

That future minor modifications and updates to the Livable by Design Manual (Part B) – Urban Design for Direction Bronte Village Growth Area and Urban Design Direction for Kerr Village Growth Area be incorporated by staff, and that major modifications to the design document be presented to Planning and Development Council for consideration and approval.

 

                                                                                                               CARRIED

 

 

10.

Recommendation Report - Proposed Official Plan Amendment Town of Oakville former Public Works Site - Master Plan -      File: 42.24.018

 

 

-           Report from Planning Services Department, May 18, 2018

 

 

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

 

                  Brad Bruder, Urban Planner, on behalf of Habitat for Humanity Halton Mississauga, re: the importance of affordable housing as part of this Master Plan and requested a continued partnership with the town as Habitat for Humanity Halton continues on to build in a larger capacity in Oakville; and filed a written submission.

 

 

 

Moved by Councillor Chisholm

 

1.

That the report from the Planning Services Department, dated May 18, 2018, entitled “Recommendation Report – former Public Works site” be received;

 

2.

That the Official Plan Amendment for the Town of Oakville’s former Public Works site (File No. 42.24.018), be approved on the basis that it is consistent with the Provincial Policy Statement, conforms or does not conflict with applicable Provincial plans, Halton Region’s Official Plan, the Livable Oakville Plan, has regard for matters of Provincial interest and represents good planning for the reasons set out in the report from the Planning Services Department, dated May 18, 2018;

 

3.

That By-law 2018-029 to adopt Official Plan Amendment #25, be passed; and,

 

4.

That the respective notices of Council’s decisions reflect that Council has fully considered all of the written and oral submissions relating to these matters and that those comments have been appropriately addressed.

 

                                                                                                               CARRIED

 

 

C-1.

North Oakville LPAT Appeals (Dunoak, Bressa, Graydon Banning, Martillac, Minto, Green Ginger)

 

 

-           Confidential Report from Legal Department, May 18, 2018

 

 

Moved by Councillor O’Meara

 

That legal staff be authorized to proceed in the Local Planning Appeal Tribunal hearings related to applications filed by Dunoak Developments Inc., Bressa Developments Limited, Graydon Banning Limited, Martillac Estates Inc., Dundas-Trafalgar Inc. and Green Ginger Developments Inc. in accordance with the report from the Legal Department dated May 18, 2018.

 

                                                                                                               CARRIED

 

 

 

 

 

 

 

C-2.

LPAT Appeal - 1463291 Ontario Inc., Dunpar Developments Inc. File No. Z.1516.02

 

 

-           Confidential Report from Legal Department, May 18, 2018

 

 

That this item be withdrawn.

 

 

11.

Heritage Oakville Advisory Committee (May 29, 2018)

 

 

Moved by Councillor Duddeck

 

That the following recommendations pertaining to Items 6 b, c, d, e, and f of the Heritage Oakville Advisory Committee minutes from its meeting on
May 29, 2018, be approved and the remainder of the minutes be received:

 

 

b.

Heritage Permit Application HP020/18-42.20N - 45 Navy Street - Replacement of Historic Windows

 

 

-           Report from Planning Services Department,
May 15, 2018

 

 

1.

That Heritage Permit Application HP020/18-42.20N for the replacement of historic windows at 45 Navy Street, as attached in Appendix A to the report dated May 15, 2018 from Planning Services, be approved subject to the following condition:

 

a.

The replacement windows be painted wood, not aluminum clad wood; and

 

2.

That this heritage permit expire two years from the date of final approval by Council.

 

 

 

c.

Heritage Permit Application HP018/18-42.20B 114 Balsam Drive - New detached garage and landscaping

 

 

-           Report from Planning Services Department,
May 15, 2018

 

 

1.

That Heritage Permit Application HP018/18-42.20B for a new detached garage and landscaping at 114 Balsam Drive, as attached in Appendix B to the report dated May 15, 2018 from Planning Services, be approved; and

 

 

2.

That this heritage permit expire two years from the date of final approval by Council.

 

 

 

d.

Heritage Permit Application HP019/18-42.20T 65 Thomas Street - New rear addition, new porch and new entrance

 

 

-           Report from Planning Services Department,
May 15, 2018

 

 

1.

That Heritage Permit Application HP019/18-42.20T for construction of a new two-storey addition, a new porch and a new entrance at
65 Thomas Street, as attached in Appendix B to the report dated
May 15, 2018 from Planning Services, be approved subject to the following:

 

a.

That final details on all new windows, doors, roofing material and exterior paint colours be submitted to Heritage Planning staff for final approval;

 

b.

That the lakestone material on the rear one-storey wing proposed to be demolished be salvaged and either re-used on site or made available to interested parties looking for lakestone material; and

 

c.

That “Option 2” for the window design on the south elevation of the house, as shown in Appendix B, be used rather than the first option proposed by the applicants; and

 

2.

That this heritage permit expire two years from the date of final approval by Council.

 

 

 

e.

Heritage Permit Application HP021/18-42.20W 145 William Street - New accessory building

 

 

-           Report from Planning Services Department,
May 15, 2018

 

 

1.

That Heritage Permit Application HP021/18-42.20W for construction of a new accessory building at 145 William Street, as attached in Appendix B to the report dated May 15, 2018 from Planning Services, be approved subject to the following:

 

a.

That final details on all new windows and doors be submitted to Heritage Planning staff for final approval; and

 

2.

That this heritage permit expire two years from the date of final approval by Council.

 

 

 

f.

Heritage Permit Application HP023/18-42.20W 288 William Street - New rear addition, attached garage and alterations to existing fenestration

 

 

-           Report from Planning Services Department,
May 15, 2018

 

 

1.

That Heritage Permit Application HP023/18-42.20W for the construction of a new one-storey rear addition with attached garage and alterations to existing fenestration at 288 William Street, as attached in Appendix B to the report dated May 15, 2018 from Planning Services, be approved subject to the following:

 

a.

That final details on all new windows, doors, roofing material and exterior paint colours be submitted to Heritage Planning staff for final approval;

 

b.

That on the west elevation of the one-storey brick wing, the two new sets of French doors be inserted into the width of the existing window openings;

 

c.

That lakestone removed as part of the underpinning of the rear one-storey brick wing be reused to face any exposed portion of the new concrete foundation on this wing and that any unused lakestone be made available for salvage;

 

d.

That the new French doors on the south elevation of the two-storey portion of the house retain the width of the existing casement windows and that the existing brick voussoirs above the windows be retained; and

 

e.

That any doors and windows removed as part of this application be made available for salvage; and

                                   

2.

That this heritage permit expire two years from the date of final approval by Council.

 

                                                                                                               CARRIED

 

 

                                                                                                           

RISE AND REPORT TO COUNCIL

 

Moved by Councillor Lishchyna

 

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, and 10, Confidential Discussion Items C-1 and C-2, and Advisory Committee minutes Item 11 as noted by the Clerk.

 

 

Moved by Councillor Knoll                 Seconded by Councillor Elgar

 

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

 

                                                                                                               CARRIED

                       

 

CONSIDERATION AND READING OF BY-LAWS

 

Moved by Councillor Grant                  Seconded by Councillor Longo

 

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

 

2018-029

A by-law to adopt an amendment to the Livable Oakville Plan, Official Plan Amendment Number 25 (Town of Oakville; 2264; 2274 and 2320 Trafalgar Road; Former Public Works Site; File 42.24.018) (Re: Item 10)

 

 

2018-053

A by-law to amend the Town of Oakville Zoning By-law 2014-014, as amended, to permit the use of lands described as 2123 Hixon Street (Halton Catholic Separate School Board, File No.: Z.1727.16) (Re: Item 8)

 

 

2018-074

A by-law to adopt an amendment to the North Oakville East Secondary Plan forming part of the Official Plan of the Oakville Planning Area (File No. 42.15.56) (Re: Item 7)

 

 

2018-075

A by-law to adopt an amendment to the North Oakville West Secondary Plan forming part of the Official Plan of the Oakville Planning Area (File No. 42.15.56) (Re: Item 7)

 

 

2018-081

A by-law to amend Town of Oakville Zoning By-law 2014-014, as amended, to make a number of housekeeping corrections. (Town-initiated Housekeeping, File No. Z.1424.09) (Re: Item 6) 

 

 

2018-089

A by-law to amend the Town of Oakville Zoning By-law 2009-189, as amended, to permit the use of lands described as Part of Lot 27, Concession 1, NDS (All Seniors Care Acquisitions Ltd., File No. Z.1327.01) (Re: Item 5)

 

 

2018-096

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

 

                                                                                                                       

CARRIED

                                                                                                                 

 

            ADJOURNMENT

 

 

The Mayor adjourned the meeting at 9:14 p.m.

 

 

 

 

 

                                                                                    ________________________________

                                                                                                        KATHY PATRICK

                                                                                                   ACTING TOWN CLERK

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