SEVENTEENTH Meeting - Regular Session
The Town of Oakville Council
met in regular session to consider planning matters on this 9th day
of July, 2018 in the South Atrium 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
- Nick
Hutchins
- Jeff
Knoll
- Natalia
Lishchyna
- Sean
O’Meara
Staff: - J. Clohecy,
Commissioner of Community Development
- R.
Green, Chief Administrative Officer
- D.
Carr, Town Solicitor
- D.
Perlin, Assistant Town Solicitor
- N.
Chandra, Assistant Town Solicitor
- R.
Maynard, Assistant Town Solicitor
- J.
Knighton, Manager of Realty Services
- D.
Brennan, Chief of Staff, Office of the Mayor & Council
- M.
Simeoni, Director of Planning Services
- D.
St. George, Director of Economic Development
- J.
Barry, Director of Municipal Enforcement Services
- G.
Charles, Senior Manager of Current Planning and Urban Design
- C.
McConnell, Manager of Current Planning West District
- H.
Hecht, Manager of Current Planning East District
- C.
Tizzard, Manager of Urban Design
- R.
Stormes, Senior Economic Development Officer
- P.
Barrette, Senior Planner - West District
- L.
Musson, Senior Planner
- S.
Schappert, Heritage Planner
- M.
Dalrymple, Planner
- K. Patrick,
Acting Town Clerk
- J. Warren,
Council and Committee Services Coordinator
Regrets: Councillors - Peter Longo
- Ralph Robinson
Declarations of Pecuniary Interest
No declarations of pecuniary interest were declared.
Committee of the Whole
Moved by Councillor Grant Seconded
by Councillor Chisholm
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.
Moved by Councillor Hutchins
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1.
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That the partial assumption of
Registered Plan 20M-1139 be approved; and
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2.
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That By-law 2018-057, a by-law to
assume public works and streets within Plan 20M-1139, be approved save
and except the stormwater management pond and required neighborhood transit
infrastructure, see Appendix A.
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CARRIED
Moved by Councillor Hutchins
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1.
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That the partial assumption of
Registered Plan 20M-1137 be approved; and
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2.
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That By-law 2018-059, a by-law to
assume public works and streets within Plan 20M-1137, be approved save
and except the stormwater management pond and required neighborhood transit
infrastructure, see Appendix A.
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CARRIED
Moved by Councillor Hutchins
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1.
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That the partial assumption of
Registered Plan 20M-1143 be approved; and
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2.
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That By-law 2018-058, a by-law to
assume public works and streets within Plan 20M-1143, be approved,
save and except a portion of Preserve Drive and required neighborhood
transit infrastructure, see Appendix A.
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CARRIED
Moved by Councillor Hutchins
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1.
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That the application (File No.:
Z.1729.57) submitted by Bronte Property Holdings Ltd., to remove the “H”
Holding provision from 2441 Lakeshore Road West, be approved.
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2.
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That By-law 2018-100, a by-law to
remove the “H” Holding provision from 2441 Lakeshore Road West, be passed.
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CARRIED
Moved by Councillor Hutchins
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1.
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That the application (File No.: ZH.
1320.09) submitted by London Hills Builders Ltd., to remove the “H” Holding
provision from 509 Dundas Street West, be approved.
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2.
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That By-law 2018-102, a by-law to
remove the “H” Holding provision from 509 Dundas Street West, be passed.
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CARRIED
Moved by Councillor Hutchins
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That the report dated June 15, 2018,
titled New Memorandum of Understanding for an Integrated Halton Area
Planning System, be endorsed.
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CARRIED
Moved by Councillor Duddeck
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That a Notice of Intention to Designate
under Section 29, Part IV of the Ontario Heritage Act for the
cultural heritage landscape of 1086 Burnhamthorpe Road East, as identified
as Part 1 on the reference plan attached as Appendix B to this report, be
issued.
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CARRIED
Moved by Councillor Duddeck
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1.
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That the property at 320 Maple Avenue
be removed from the Oakville Register of Properties of Cultural Heritage
Value or Interest; and
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2.
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That, prior to demolition, the property
owners allow for the salvage of historic materials from the house.
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CARRIED
Moved by Councillor Grant
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That notice be issued under section 29
of the Ontario Heritage Act of the intention to designate the
property at 120 Oak Park Boulevard, which contains the Trafalgar Memorial.
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CARRIED
Moved by Councillor Duddeck
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That notice be issued under subsection
30.1(3) of the Ontario Heritage Act to the owners of the following
properties of the proposed amendments under subsection 30.1(2) of the Ontario
Heritage Act to their respective heritage designation by-laws:
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a.
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99 Forsythe Street, currently
designated by By-law 1993-054, a by-law to designate Lyon’s Log Cabin, Shipyard
Park, as a property of historical and architectural value and interest;
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b.
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3041 Postville Street, currently
designated by By-law 1991-185, a by-law to designate 257 Dundas Street East
as a property of architectural and historical significance;
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c.
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21 Regency Court, currently designated
by By-law 1978-005, a by-law to designate certain property as property of
historic and architectural value and interest (King’s Castle);
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d.
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66-70 Shepherd Road, currently
designated by By-law 2009-079, a by-law to designate the Old Smith Houses
at 531-533 Kerr Street as a property of historical, architectural and/or
contextual significance; and
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e.
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139 Thomas Street, currently designated
by By-law 1995-122, a by-law to designate 139 Thomas Street (Old Radial Station)
as a property of historical, architectural and contextual value and
interest.
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
Bruce Hall, The Planning
Partnership, representing the applicant noted that the hotel is designed to
improve the site and contribute to the area. Mr. Hall also added that this
development would create 25 full time jobs and a variety of part time
positions. Mr. Hall stated that this development will have great access to the
node network and public transportation. Establishes strong urban built form at
edge of street, parking largely to rear and side. He also noted that the
development will diversify the area and that they had a public open house which
unfortunately no one attended.
Moved by Councillor Elgar
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1.
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That the public meeting report prepared
by the Planning Services Department dated June 18, 2018, be received.
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2.
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That comments from the public with
respect to the proposed Official Plan Amendment and Zoning By-law Amendment
applications (File No: OPA 1517.18, ZBA 1517.18) submitted by Empress
Capital Group, be received.
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3.
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That analysis of the following matters
of interest to Council be included as part of the recommendation report:
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a) Landscaping, snow storage and parking reduction.
b) Cautions regarding land owner agreements which may not be
binding in the fullness of time.
c) Are reductions in zoning considered overdevelopment?
d) Timing of construction with Kerr Street grade separation/
construction.
e) Combination of concerns over parking and shared parking
arrangements.
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CARRIED
C-1.
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Official Plan Amendment No. 15
(Urban Structure) - LPAT Appeal re 1300, 1316, 1326 and 1342 Bronte Road
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Confidential Report from Legal Department,
June 13, 2018
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Moved by Councillor Elgar
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That the Town Solicitor be instructed
as set out in the confidential legal report dated June 13, 2018.
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CARRIED
Moved by Councillor Elgar
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1.
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That the public meeting report prepared
by the Planning Services Department dated June 18, 2018, be received.
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2.
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That comments from the public with
respect to the Zoning By-law Amendment and Plan of Subdivision application
by Infrastructure Ontario (File No. Z.1326.05, 24T18004/1326), be received.
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3.
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That analysis of the following matters
of interest to Council be included as part of the recommendation report:
No comments were provided.
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CARRIED
Moved by Councillor Gittings
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1.
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That the Draft Plan of Subdivision
application submitted by The Corporation of the Town of Oakville (File No.
24T-18001/1613) as revised, be approved on the basis that the application
is consistent with the Provincial Policy Statement, conforms and/or does
not conflict with all applicable Provincial plans, conforms with the Region
of Halton Official Plan, has regard for matters of Provincial interest, and
represent good planning for the reasons outlined in the report from
Planning Services department dated June 18, 2018;
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2.
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That the Director of Planning Services
be authorized to grant draft plan approval to the Draft Plan of Subdivision
(24T-18001/1613) submitted by The Corporation of the Town of Oakville
prepared by Cunningham McConnell Limited May 28, 2018, subject to the
conditions contained in Appendices “A” and “B”;
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3.
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That once 24T-18001/1613 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, if required;
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4.
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That the Subdivision Agreement be
executed in accordance with By-law 2013-057;
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5.
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That notice of Council’s decision
reflect that the comments from the public have been appropriately
addressed, if any.
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6.
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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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CARRIED UNANIMOUSLY on a
recorded vote,
Council voting as follows:
Recorded Vote
Yeas
Councillor Lishchyna
Councillor Adams
Councillor Grant
Councillor Knoll
Councillor Elgar
Mayor Burton
Councillor Hutchins
Councillor Gittings
Councillor Chisholm
Councillor Duddeck
Councillor O'Meara
Moved by Councillor Hutchins
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1.
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That staff be authorized to issue a
public tender (the “RFP”) for the sale of that portion of the former
Oakville Trafalgar Memorial Hospital site which is subject to the draft
plan of subdivision application File No.: 24T-18001/1613 (the “Subdivision
Lands”) based upon the principles in the report from the Legal Department
dated June 1, 2018 entitled “Former Oakville Trafalgar Memorial Hospital
Site RFP for the Sale of the Future Residential Subdivision Lands”.
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2.
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That staff be authorized to complete
the sale of the Subdivision Lands to the proponent from the RFP that offers
the highest offer price, provided the proponent complies with the terms of
the RFP and the offer price is at or above the threshold amount (the
“Threshold Amount”) set out in confidential Appendix “A” to the Legal
Department report dated June 1, 2018 entitled “Former Oakville Trafalgar
Memorial Hospital Site RFP for the Sale of the Future Residential
Subdivision Lands”.
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3.
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That the sale agreement to sell the
Subdivision Lands be executed in accordance with By-law 2013-057 on terms
satisfactory to the Town Solicitor, and the Town Solicitor be authorized to
execute all other related documentation required to complete the sale of
the Subdivision Lands.
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4.
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That staff report back to Council if
the highest offer price from the RFP is below the Threshold Amount.
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CARRIED
11.
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Sign By-law Review
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Report from Municipal Enforcement
Department, Planning Services Department, and Legal Department, June 18, 2018
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For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
Oliver Matas, Remax
Broker & President Elect of OMDREB, re: concerns for the amount of open
house signs permitted. Mr. Matas noted that three open house signs are not
enough to provide accurate navigation for people from out of town. Mr. Matas
suggested that five signs be permitted. Mr. Matas also noted that members of
the OMDREB are encouraged to adhere to all by-laws and that OMDREB support
enforcement for those who do not adhere to the by-laws.
Moved by Councillor O’Meara
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1.
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That the draft by-law, attached as
Appendix A to the June 18, 2018 report from the Municipal Enforcement
Services, Planning Services and Legal departments, to regulate signs within
the Town of Oakville, be received;
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2.
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That the fees listed as Appendix B to
the June 18, 2018 report from Municipal Enforcement Services, Planning
Services and Legal departments, be received; and
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3.
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That staff be directed to engage in
further public consultation to seek input on the new Sign By-law and
provide Council with a final version of the Sign By-law and associated fees
at a future date.
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CARRIED
Moved by Councillor Lishchyna
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1.
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That By-law 2018-098, being a by-law to
designate the Brownfield Community Improvement Project Area, be passed;
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2.
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That By-law 2018-099, being a by-law to
adopt the Brownfield Community Improvement Plan for the Brownfield
Community Improvement Project Area, be passed;
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3.
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That Council activate the incentive
programs within the Community Improvement Plan, to be effective 2019
subject to 2019 Budget approval; and
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4.
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That, subject to 2019 Budget approval,
Council appoint the Director of Economic Development as Council’s designate
for the purpose of approving Environmental Study Grant applications.
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CARRIED
Moved by Councillor Chisholm
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That the confidential report from the
Legal Department dated June 20, 2018, be received.
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CARRIED
17.
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Heritage Oakville Advisory
Committee (June 26, 2018)
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Moved by Councillor Duddeck
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That the minutes of the Heritage Oakville
Advisory Committee meeting of June 26, 2018, be received.
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CARRIED
18.
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Livable Oakville (Official Plan
Review) Council Sub-committee (June 11, 2018)
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Moved by Councillor Gittings
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That the minutes of the Livable Oakville
(Official Plan Review) Council Sub-committee meeting of June 11, 2018, be received.
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CARRIED
CLOSED SESSION
Moved by Councillor Duddeck
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-3, Appeal to LPAT – CAV
A/077/2018 – 1194 Stirling Drive.
CARRIED
Committee resolved into closed session at 8:18 p.m.
Committee resolved back into open session at 8:52 p.m.
C-3.
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Appeal to LPAT - CAV A/077/2018 -
1194 Stirling Drive
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Confidential Report from Legal Department,
June 15, 2018
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Moved by Councillor Duddeck
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1.
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That the Town oppose the Owner’s appeal
to LPAT of Committee of Adjustment Decision CAV A/077/2018, 1194 Stirling
Drive, in accordance with Option 1 as set out in the Confidential Report of
the Legal Department dated June 15, 2018;
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2.
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That if pursuant to Recommendation 1
above the Owner’s appeal is opposed, then in consultation with Oakville
Hydro, the Town’s Director of Planning, and the Town’s Director of
Development Engineering or their designates, the Town Solicitor or his
designate be authorized to negotiate a settlement of this matter either
before or at the Tribunal in a manner that addresses the concerns
identified in the Confidential Report of the Legal Department dated June
15, 2018.
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CARRIED
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 Consent Items 1,
2, 3, 4, 5, and 6, Confidential Consent Item
C-1, Public Hearing Items 7 and
8, Discussion Items 9, 10, 11, 12, 13, 14, 15, and 16, and Confidential
Discussion Items C-2 and C-3, and Advisory Committee minutes Items 17 and 18 as
noted by the Clerk.
Moved by Councillor Knoll Seconded
by Councillor Lishchyna
That the report and
recommendations of the Committee of the Whole be approved.
CARRIED
NEW BUSINESS ITEM
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Move Ontario 2020 Quick Wins Funds Proposed
Candidate Project - Wyecroft Road Extension
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Report from Chief Administrative Officer, July
9, 2018
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Moved by Councillor O’Meara Seconded
by Councillor Duddeck
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1.
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The Regional Council be advised that
the Town of Oakville supports the use of Move Ontario Quick Wins Funding to
extend the Wyecroft Road Bridge.
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2.
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That the Mayor be requested to write a
letter to the Province conveying Oakville’s commitment to the completion of
the Wyecroft Bridge.
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3.
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That the Regional Council be advised
that the Town of Oakville supports the transfer of Wyecroft Road extension
between Bronte Road and Burloak Drive and the incorporation of the
construction into the 2019 Budget and Forecast.
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4.
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That this report and resulting
resolution be forwarded to the City of Burlington, Town of Milton and the
Town of Halton Hills for information.
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Moved by Councillor Grant Seconded
by Lishchyna
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That the report be deferred to the next
Council meeting, in order to provide Council further opportunity to review
the information.
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LOST
The Mayor put the vote on the
original motion moved by Councillor O’Meara and seconded by Councillor Duddeck.
CARRIED
Moved by Councillor O’Meara Seconded
by Councillor Hutchins
CARRIED
The
Mayor adjourned the meeting at 9:20 p.m.
________________________________
KATHY PATRICK
ACTING
TOWN CLERK