Meeting - Regular Session

TWENTIETH Meeting - Regular Session

 

The Town of Oakville Council met in regular session to consider planning matters on this 10th day of September, 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

                                                -     Ray Chisholm

                                                -     Cathy Duddeck

                                                -     Allan Elgar

                                                -     Dave Gittings

                                                -     Marc Grant

                                                -     Nick Hutchins

                                                -     Jeff Knoll

                                                -     Natalia Lishchyna

                                                -     Peter Longo

                                                -     Sean O’Meara

-     Ralph Robinson

                                               

Staff:                                       -     J. Clohecy, Commissioner of Community Development

                                                -     D. Carr, Town Solicitor

                                                -     M. Simeoni, Director of Planning Services

                                                -     J. Barry, Director of Municipal Enforcement Services

                                                -     D. St. George, Director of Economic Development

                                                -   J. Stephen, Acting Director of Engineering and  Construction

                                                -   M. Vallee, Senior Liaison and Communications Advisor

                                          -   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)

                                                -     H. Ellison, Manager of Parking Strategy and Business Operations

                                                -     R. Thun, Senior Planner

                                                -     P. Barrette, Senior Planner - West District

                                                -     T. Collingwood, Senior Planner – East District

                                                -     K. Cockburn, Planner

                                                -     C. Van Sligtenhorst, Heritage Planner

-     K. Patrick, Acting Town Clerk

-     N. Fiorentino, Council and Committee Services Coordinator

     

 

 

Declarations of Pecuniary Interest

 

Councillor Knoll declared an interest with respect to Item 5 ‘Public Meeting and Recommendation Report - Temporary Use Zoning By-law Amendment for 2331 Ninth Line - File No. Z.1405.16 - By-law 2018-119’, as he runs a competitive business with the applicant.

 

(Note: Councillor Knoll declared his conflict at the introduction of Item 5.)

 

 

Committee of the Whole

 

Moved by Councillor Lishchyna                 Seconded by Councillor O’Meara

 

That this meeting proceed into a Committee of the Whole session.

 

                                                                                                               CARRIED

 

 

AGENDA ITEM(S)

 

1.

Partial Assumption of plan 20M-1090 Dundas-Sixth Line

Phase 1 By-law 2018-094

 

 

-           Report from Development Engineering Department,

July 9, 2018

 

 

Moved by Councillor Hutchins

 

1.

That the partial assumption of Registered Plan 20M-1090 be approved; and

 

2.

That By-law 2018-094, a by-law to partially assume public works and streets within Plan 20M-1090, be approved.

                                                                                                               CARRIED

 

 

                                       


 

2.

Deeming By-law for 328 Gloucester Avenue, Lots 330 and 331 and Part of Lot 329, Registered Plan 113 - By-law 2018-123

 

 

-           Report from Planning Services Department,

August 20, 2018

 

 

Moved by Councillor Hutchins

 

That By-law 2018-123 be passed which has the effect of merging Lots 330, 331 and part of lot 329 on Plan 113 in accordance with subsection 50(4) of the Planning Act and staff be directed to register the by-law on title to the subject lands.

                                                                                                               CARRIED

 

 

3.

2012 Halton Region Water and Wastewater Allocation Program

File No.: 42.05.10

 

 

-           Report from Planning Services Department,

August 13, 2018

 

 

Moved by Councillor Hutchins

 

1.

That the Town of Oakville advise Halton Region of its consent to permit Mattamy Development Corporation to transfer servicing to its Graydon Banning property (Town file Z.1324.05, 24T-15006).

 

2.

That the Commissioner of Community Development be delegated the authority to provide consent to the transfers of servicing allocation within the Town of Oakville.

                                                                                                               CARRIED

 


 

4.

Statutory Public Meeting and Recommendation Report, Draft Plan of Condominium (Vacant Land), Matam Holdings Inc. (Mattamy Development Company), 1388 Dundas Street West, File No.: 24CDM-18003/1424

 

 

-           Report from Planning Services Department,

August 20, 2018

 

 

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

(September 10, 2018), Richard Thomas

(September 6, 2018), Herminia Kelsick

 

Moved by Councillor Elgar

 

  1. That the Director of Planning Services be authorized to grant draft plan approval to the Draft Plan of Vacant Land Condominium (24CDM-18003/1424) submitted by Matam Holdings Inc., prepared by Korsiak Urban Planning, dated revised August 17, 2018, subject to the conditions contained in Appendix ‘A’ of the report dated August 20, 2018, from the Planning Services department.

 

  1. That an additional condition be added to the conditions contained in Appendix A as follows:

 

That the owner include with the condominium agreement, the condominium declaration and with all purchase of sale agreements the following warning clause: “Purchasers are advised that radio towers exist to the north of the site at the intersection of Dundas Street West and Fourth Line.”

                                                                                                               CARRIED

 

 

5.

Public Meeting and Recommendation Report - Temporary Use Zoning By-law Amendment for 2331 Ninth Line - File No. Z.1405.16 - By-law 2018-119

 

 

-           Report from Planning Services Department,

August 20, 2018

 

 

Moved by Councillor Adams

 

1.

That the comments from the public with respect to the temporary use zoning by-law amendment application by Premier Operating Corporation Limited, File No. Z.1405.16, be received.

 

 

2.

That the temporary use Zoning By-law Amendment application submitted by Premier Operating Corporation Limited (File No. Z.1405.16), 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 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 August 20, 2018.

 

3.

That By-law 2018-119, an amendment to Zoning By-law 2014-014, be passed; and

 

4.

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

 

                                                                                                               CARRIED

(Councillor Knoll declared an interest on this item and did not vote.)

 

 

6.

Recommendation 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 - By-law 2018-116

 

 

-           Report from Planning Services Department,

August 20, 2018

 

 

Moved by Councillor Elgar

 

1.

That Zoning By-law Amendment and the draft plan of subdivision applications submitted by Infrastructure Ontario (File No. Z.1326.05 & 24T18004/1326), as revised, be approved on the basis that the applications are consistent with the Provincial Policy Statement, conform or do not conflict with all applicable Provincial plans, conform with the Region of Halton Official Plan and North Oakville West Secondary Plan, has regard for matters of Provincial interest, and represent good planning for the reasons outlined in the report from the Planning Services department dated September 10, 2018;

 

2.

That By-law 2018-116, an amendment to Zoning By-law 2009-189, be passed;

 

 

 

3.

That Council authorize, pursuant to subsection 45(1.4) of the Planning Act, submission of a minor variance application, within 2 years from the date By-law 2018-116 is enacted.

 

4.

That the Director of Planning Services be authorized to grant draft plan approval to the Draft Plan of Subdivision (24T18004/1326) submitted by Infrastructure Ontario prepared by David B. Searles Surveying Ltd., dated April 19th, 2018, subject to the conditions contained in Appendix A.

 

5.

That once 24T18004/1326 has been draft approved by the Director of Planning Services, the Town enter into a non-standard subdivision agreement for the purpose of shifting obligations from Infrastructure Ontario to the future development consortium, to the satisfaction of the CAO and Town Solicitor or designates, if required;

 

6.

That pursuant to site plan control by-law 2005-062, as part of site plan approval of the courthouse, the town enter into a non-standard Site Plan Agreement for the purpose of shifting obligations of the owner from Infrastructure Ontario to the development consortium to the satisfaction of the CAO and Town Solicitor or designates;

 

7.

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

8.

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

 

9.

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

                                                                                                               CARRIED

 

 

7.

Downtown Mitigation Strategy

 

 

-           Report from Economic Development Department,

August 21, 2018

 

 

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

- Sharlene Plewman, Executive Director, Downtown Oakville Business Improvement Area (BIA), re: requests and points of clarification regarding parking, financial mitigation, marketing, digital main street, wayfinding, liaison initiative, and restaurant program; and filed a written submission.

 

 

-  Bruce Miller, The Works Gourmet Burger Bistro, re: applauding Oakville for efforts in mitigating the impacts to local businesses and offered suggestions regarding: providing monetary support to businesses by temporarily suspending the requirement for businesses to pay into the BIA, using direct mail campaigns to residents with messages that businesses are open during construction, and additional parking spaces are available during construction. Mr. Miller also suggested offering free parking on Saturday’s during construction and subsidizing this through corporate sponsorship or by not undertaking the revitalization of the town square.   

 

Moved by Councillor Gittings

 

1. That the Downtown Mitigation Strategy, detailed in the August 21st, 2018  report from the Economic Development department, be endorsed.

 

2. That the funding required in 2019 and 2020, identified in Appendix A, be referred to the 2019 Capital Budget process.

 

3. That staff be directed to implement the mitigation initiatives identified in the  Downtown Mitigation Strategy report and summarized in Appendix A, subject to budget approval.

 

4. That no cost Saturday parking be offered from April 2019 to November 2020 as detailed under section 3.1 ‘Parking Subsidy’ of the staff report, subject to budget approval.

 

CARRIED UNANIMOUSLY on a recorded vote, Council voting as follows:

 

Recorded Vote

 

Yeas                                                             Nays

Councillor Lishchyna    

Councillor Adams

Councillor Grant

Councillor Knoll

Councillor Longo

Councillor Elgar

Mayor Burton

Councillor Hutchins

Councillor Gittings

Councillor Chisholm

Councillor Duddeck

Councillor Robinson

Councillor O'Meara

 

 

8.

2460 Old Bronte Road - Rehabilitation of Caleb Smith House

 

 

-           Report from Planning Services Department,

August 20, 2018

 

 

Moved by Councillor Gittings

 

1.

That a Heritage Easement Agreement for the conservation and relocation of the Caleb Smith House, currently located at 2460 Old Bronte Road, be entered into between the Town and the owner in keeping with the content of this report, with the Agreement to be in form and content satisfactory to the Town Solicitor and the Director of Planning Services or their designate;

 

2.

That the Heritage Easement Agreement be executed in accordance with Executions By-law 2013-057 and be registered on title to the lands on which the Caleb Smith House is currently located and on title to the lands to which the Caleb Smith House is to be permanently located;

 

3.

That a notice of intention to designate the Caleb Smith House, pursuant to the provisions of the Ontario Heritage Act, be issued once the Caleb Smith House has been relocated to the lands which will be its permanent site; and

 

4.

That the Town Solicitor be authorized to discharge the Heritage Easement Agreement from title to all lands on which it is registered, at the expense of the owner, once the Caleb Smith House has been designated pursuant to the provisions of the Ontario Heritage Act and the requirements in the Heritage Easement Agreement have been fully satisfied to the satisfaction of the Director of Planning Services or their designate.

 

                                                                                                               CARRIED

 


 

9.

Proposed Removal of "H" Holding Provision, Cortel Group/Trafalgar Heights Inc., File No. Z.1413.30

By-law 2018-113

 

 

-           Report from Planning Services Department,

August 20, 2018

-            Memo from Legal Department and Planning Services Department, September 10, 2018 (Distributed at Meeting)

 

 

Moved by Councillor Grant

 

1.

That the application (File No.:Z1413.30) submitted by Cortel Group/Trafalgar Heights Inc., to remove the “H” Holding provision from 278 Dundas Street East and 2466 Trafalgar Road, be approved; and

 

2.

That By-law 2018-113, a by-law to remove the “H” Holding provision from 278 Dundas Street East and 2466 Trafalgar Road, be passed.

 

                                                                                                               CARRIED

 

                                                                                                                       

10.

Heritage Oakville Advisory Committee (August 28, 2018)

 

 

 

 

 

Moved by Councillor Duddeck

 

 

 

That the following recommendations pertaining to Item 6a and 6b of the Heritage Oakville Advisory Committee minutes from its meeting on August 28, 2018, be approved and the remainder of the minutes be received:

 

 

 

6a.

Heritage Permit Application HP042/18-42.20W - 297 William Street - New sunroom addition

 

 

-           Report from Planning Services Department,

August 15, 2018

 

 

1.

That Heritage Permit Application HP042/18-42.20W for the construction of a new one-storey sunroom addition at 297 William Street, as attached in Appendix B to the report dated August 15, 2018 from Planning Services, be approved subject to the following:

 

a.

The wood siding be installed rather than vinyl siding on the sunroom addition;

 

b.

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

c.

That the rear door to be 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.

 

 

 

6b.

Heritage Permit Application HP041/18-42.20S - 89 Second Street - New two storey house

 

 

-           Report from Planning Services Department,

August 15, 2018

 

 

1.

That Heritage Permit Application HP041/18-42.20S for the demolition of the existing house and the construction of a new house, as attached in Appendix B to the report dated August 15, 2018 from Planning Services, be approved subject to the following conditions:

 

a.

That the windows be either wood or aluminum-clad wood;

 

b.

That final details on the windows, doors, colours and exterior cladding material being submitted to Heritage Planning staff for final approval;

 

2.

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

 

3.

That the demolition permit not be issued until a building permit application has been received for construction of the new dwelling; and

 

4.

That materials from the existing house be made available for salvage.

 

                                                                                                               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, and 3, Public Hearing Items 4, and 5, Discussion Items 6, 7, 8, and 9, and Advisory Committee Minutes Item 10 as noted by the Clerk.

 

Moved by Councillor Elgar                 Seconded by Councillor Knoll

 

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

                                                                                                               CARRIED

 

 

CONSIDERATION AND READING OF BY-LAWS

 

Moved by Councillor Robinson          Seconded by Councillor Grant

 

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

 

2018-094

A by-law to partially assume Registered Plan 20M-1090

 

2018-113

A by-law to remove the “H” Holding Provision on lands municipally known as 278 Dundas Street East and 2466 Trafalgar Road (Cortel Group/Trafalgar Heights Inc., File No.:Z.1413.30)

 

2018-116

A by-law to amend the Town of Oakville Zoning By-law 2009-189 to permit the use of lands described as Part of Lot 26, Concession 1, NDS (Infrastructure Ontario, File No.:Z.1326.05)

 

2018-119

A by-law to amend Zoning By-law 2014-014, as amended, to permit a motor vehicle storage compound as a temporary use for a period of three years on lands described as 2331 NINTH LINE, PART LOT 5, CONCESSION 3, S.D.S (Premier Operating Corporation Limited, File No.: Z.1405.16)

 

2018-123

A by-law merging Lots 330 and 331, and Part of Lot 329, Registered Plan 113 as in 210073 by deeming the Lots not to be lots on a registered plan of subdivision in accordance with subsection 50(4) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

 

2018-131

A by-law to declare that certain land is not subject to part lot control (Blocks 2, 3, 4 and 5, Plan 20M-1199 - Mattamy (Kaitting) Limited)

 

2018-128

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

 

                                                                                                               CARRIED

                                                                                                                 

ADJOURNMENT

 

 

The Mayor adjourned the meeting at 8:58 p.m.

 

 

 

 

                                                                                    ________________________________

                                                                                                        KATHY PATRICK

                                                                                                   ACTING TOWN CLERK

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