Meeting - Regular Session

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.

 

1.

Partial assumption of plan 20M-1139 Lower Fourth 1A (Mattamy) By-law 2018-057

 

 

-           Report from Development Engineering Department,
June 15, 2018

 

 

Moved by Councillor Hutchins

 

 

1.

That the partial assumption of Registered Plan 20M-1139 be approved; and

 

2.

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.

 

                                                                                                               CARRIED

 

 

2.

Partial assumption of plan 20M-1137 Pendent 1A (Mattamy)

By-law 2018-059

 

 

-           Report from Development Engineering Department, June 15, 2018

 

 

Moved by Councillor Hutchins

 

1.

That the partial assumption of Registered Plan 20M-1137 be approved; and

 

2.

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.

 

                                                                                                               CARRIED

 

 

3.

Partial assumption of plan 20M-1143 Lower Fourth 1B (Mattamy) By-law 2018-058

 

 

-           Report from Development Engineering Department,
June 15, 2018

 

 

Moved by Councillor Hutchins

 

1.

That the partial assumption of Registered Plan 20M-1143 be approved; and

 

2.

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.

 

                                                                                                               CARRIED

 

 

4.

Proposed Removal of Holding "H" Provision, Bronte Property Holdings Ltd., 2441 Lakeshore Road West, File No. Z.1729.57,

By-law No. 2018-100

 

 

-           Report from Planning Services Department, June 18, 2018

 

 

Moved by Councillor Hutchins

 

1.

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.

 

2.

That By-law 2018-100, a by-law to remove the “H” Holding provision from 2441 Lakeshore Road West, be passed.

                                                                                                                       

                                                                                                               CARRIED

 


 

5.

Proposed Removal of "H" Holding Provision, London Hills Builders Ltd., 509 Dundas Street West, File No. ZH. 1320.09,

By-law 2018-102

 

 

-           Report from Planning Services Department, June 18, 2018

 

 

Moved by Councillor Hutchins

 

1.

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.

 

2.

That By-law 2018-102, a by-law to remove the “H” Holding provision from 509 Dundas Street West, be passed.

 

                                                                                                               CARRIED

 

 

6.

New Memorandum of Understanding for an Integrated Halton Area Planning System

 

 

-           Report from Planning Services Department, June 15, 2018

 

 

Moved by Councillor Hutchins

 

That the report dated June 15, 2018, titled New Memorandum of Understanding for an Integrated Halton Area Planning System, be endorsed.

 

                                                                                                               CARRIED

 

 

14.

Notice of Intention to Designate - 1086 Burnhamthorpe Road East - Cultural Heritage Landscape

 

 

-           Report from Planning Services Department,
June 27, 2018

 

 

Moved by Councillor Duddeck

 

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.

 

                                                                                                               CARRIED

 

 

 


13.

Notice of intention to demolish - 320 Maple Avenue

 

 

-           Report from Planning Services Department,
June 18, 2018

 

 

Moved by Councillor Duddeck

 

1.

That the property at 320 Maple Avenue be removed from the Oakville Register of Properties of Cultural Heritage Value or Interest; and

 

2.

That, prior to demolition, the property owners allow for the salvage of historic materials from the house.

 

                                                                                                               CARRIED

 

 

15.

Notice of Intention to Designate - 120 Oak Park Boulevard

 

 

-           Report from Planning Services Department,
June 18, 2018

 

 

Moved by Councillor Grant

 

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.

 

                                                                                                               CARRIED

 

 

16.

Notice of Intention to Amend Designation By-laws -                          99 Forsythe Street, 3041 Postville Street, 21 Regency Court, 66-70 Shepherd Road and 139 Thomas Street

 

 

-           Report from Planning Services Department,
June 18, 2018

 

 

Moved by Councillor Duddeck

 

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:

 

a.

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;

 

 

b.

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;

 

c.

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);

 

d.

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

 

e.

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.

 

                                                                                                               CARRIED

 

 

7.

Public Meeting - Official Plan Amendment and Zoning By-law Amendment, Empress Capital Group, 170 North Service Road West, File No. OPA 1517.18, ZBA 1517.18

 

 

-           Report from Planning Services Department,
June 18, 2018

 

 

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

 

1.

That the public meeting report prepared by the Planning Services Department dated June 18, 2018, be received.

 

 

 

2.

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.

 

3.

That analysis of the following matters of interest to Council be included as part of the recommendation report:

 

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.

 

                                                                                                               CARRIED

 

 

C-1.

Official Plan Amendment No. 15 (Urban Structure) - LPAT Appeal re 1300, 1316, 1326 and 1342 Bronte Road

 

 

-           Confidential Report from Legal Department,

June 13, 2018

 

                    

Moved by Councillor Elgar

 

That the Town Solicitor be instructed as set out in the confidential legal report dated June 13, 2018.

 

                                                                                                               CARRIED

 

                                                                                                                       

8.

Public Meeting Report, Zoning By-law Amendment and Plan of Subdivision, Infrastructure Ontario, Part of Lot 26, Concession 1, NDS, File No. Z.1326.05, 24T-18004/1326

 

 

-           Report from Planning Services Department, June 18, 2018

 

 

Moved by Councillor Elgar

 

1.

That the public meeting report prepared by the Planning Services Department dated June 18, 2018, be received.

 

2.

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.

 

3.

That analysis of the following matters of interest to Council be included as part of the recommendation report:

 

No comments were provided.

 

                                                                                                               CARRIED

 

 

9.

Recommendation Report - Former Oakville Trafalgar Memorial Hospital Draft Plan of Subdivision - File No.: 24T-18001/1613 327 Reynolds Street and 348 Macdonald Road

 

 

-           Report from Planning Services Department,
June 18, 2018

 

 

Moved by Councillor Gittings

 

1.

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;

 

2.

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”;

 

3.

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;

 

4.

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

 

5.

That notice of Council’s decision reflect that the comments from the public have been appropriately addressed, if any.

 

6.

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

                    

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

 

 

10.

Former Oakville Trafalgar Memorial Hospital Site RFP for the Sale of the Future Residential Subdivision Lands

 

 

-           Report from Legal Department, June 1, 2018

 

 

Moved by Councillor Hutchins

 

1.

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”.

 

2.

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”.

 

3.

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.

 

4.

That staff report back to Council if the highest offer price from the RFP is below the Threshold Amount.

 

                                                                                                               CARRIED

 

 

11.

Sign By-law Review

 

 

-           Report from Municipal Enforcement Department, Planning Services Department, and Legal Department, June 18, 2018

 

 

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

 

1.

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;

 

2.

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

 

3.

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.

 

                                                                                                               CARRIED

 


 

12.

Brownfield Community Improvement Plan (By-law 2018-098 & By-law 2018-099)

 

 

-           Report from Economic Development Department,
June 5, 2018

 

 

Moved by Councillor Lishchyna

 

1.

That By-law 2018-098, being a by-law to designate the Brownfield Community Improvement Project Area, be passed;

 

2.

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;

 

3.

That Council activate the incentive programs within the Community Improvement Plan, to be effective 2019 subject to 2019 Budget approval; and

 

4.

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.

 

                                                                                                               CARRIED

 

 

C-2.

Litigation Update

 

 

-           Confidential Report from Legal Department,

June 20, 2018

 

 

Moved by Councillor Chisholm

 

That the confidential report from the Legal Department dated June 20, 2018, be received.

 

                                                                                                               CARRIED

 

                                                           

17.

Heritage Oakville Advisory Committee (June 26, 2018)

 

 

Moved by Councillor Duddeck

 

That the minutes of the Heritage Oakville Advisory Committee meeting of June 26, 2018, be received.

 

                                                                                                               CARRIED

 

18.

Livable Oakville (Official Plan Review) Council Sub-committee (June 11, 2018)

 

 

Moved by Councillor Gittings

 

That the minutes of the Livable Oakville (Official Plan Review) Council Sub-committee meeting of June 11, 2018, be received.

 

                                                                                                               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.

Appeal to LPAT - CAV A/077/2018 - 1194 Stirling Drive

 

 

-           Confidential Report from Legal Department,

June 15, 2018

 

 

Moved by Councillor Duddeck

 

 

 

1.

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;

 

2.

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.

                                                                                                               CARRIED

RISE AND REPORT TO COUNCIL

 

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

 

 

Move Ontario 2020 Quick Wins Funds Proposed Candidate Project - Wyecroft Road Extension

 

 

-           Report from Chief Administrative Officer, July 9, 2018

 

 

Moved by Councillor O’Meara                   Seconded by Councillor Duddeck

 

1.

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.

 

2.

That the Mayor be requested to write a letter to the Province conveying Oakville’s commitment to the completion of the Wyecroft Bridge.

 

3.

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.

 

 

 

4.

That this report and resulting resolution be forwarded to the City of Burlington, Town of Milton and the Town of Halton Hills for information.

 

 

Moved by Councillor Grant                                                Seconded by Lishchyna

 

That the report be deferred to the next Council meeting, in order to provide Council further opportunity to review the information.

 

                                                                                                                   LOST

 

 

The Mayor put the vote on the original motion moved by Councillor O’Meara and seconded by Councillor Duddeck.

 

                                                                                                   CARRIED

 

 

CONSIDERATION AND READING OF BY-LAWS

 

Moved by Councillor O’Meara             Seconded by Councillor Hutchins

 

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

 

2018-057(A)

A by-law to partially assume Registered Plan 20M-1139

(Re: Item 1)

 

 

2018-058

A by-law to partially assume Registered Plan 20M-1143

(Re: Item 3)

 

 

2018-059

A by-law to partially to assume Registered Plan 20M-1137 (Re: Item 2)

 

 

2018-098

A by-law to designate the Brownfield Community Improvement Project Area (Re: Item 12)

 

 

2018-099

A by-law to adopt a community improvement plan for the Brownfield Community Improvement Project Area

(Re: Item 12)

 

 

2018-100

A by-law to remove the Holding “H” Provision on lands described as 2441 Lakeshore Road West (Bronte Property Holdings Ltd., File No.: Z.1729.57) (Re: Item 4)

 

 

 

 

2018-102

A by-law to remove the Holding “H” Provision on lands described as Part of Block 393, 20M-1085 (London Hills Builders Ltd.) File No: ZH.1320.09) (Re: Item 5)

 

 

2018-109

A by-law to designate the historic building at 2478 Old Bronte Road as a property of cultural heritage value or interest

 

 

2018-110

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

 

 

CARRIED

                                                                                                                 

 

            ADJOURNMENT

 

 

The Mayor adjourned the meeting at 9:20 p.m.

 

 

 

 

 

                                                                                    ________________________________

                                                                                                        KATHY PATRICK

                                                                                                   ACTING TOWN CLERK

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