SEVENTH Meeting - Regular Session
The Town of Oakville Council
met in regular session to consider planning matters on this 18th day
of March, 2019 in the Council Chamber of the Oakville Municipal Building,
1225 Trafalgar Road, commencing at 7:00 p.m.
Present: Mayor - Rob Burton
Councillors - Tom Adams
- Ray
Chisholm
- Cathy
Duddeck
- Allan
Elgar
- Dave
Gittings
- Marc
Grant
- Janet
Haslett-Theall
- Jeff
Knoll
- Natalia
Lishchyna
- Peter
Longo
- Sean
O’Meara
- Pavan
Parmar
- Beth
Robertson
- Jasvinder
Sandhu
Staff: - R.
Green, Chief Administrative Officer
- J.
Clohecy, Commissioner of Community Development
- C. Bell, Commissioner of Community Services
- D.
Carr, Town Solicitor
- M. Simeoni,
Director of Planning Services
- J.
Lanaus, Director of Information Systems
- R.
Somanlall, Project Manager-Capital Projects
- D.
Sham, Project Coordinator-New Construction
- G.
Charles, Senior Manager of Current Planning and Urban Design
- P. Kelly,
Manager of Development and Environmental Engineering
- H.
Hecht, Manager of Current Planning - East District
- C.
McConnell, Manager of Current Planning - West District
- P.
Barrette, Senior Planner, Current Planning – West District
- R.
Thun, Senior Planner, Current Planning – West District
- M.
Dalrymple, Planner, Current Planning – West District
- V.
Tytaneck, Town Clerk
- K.
Patrick, Acting Town Clerk
- J. Warren,
Council and Committee Coordinator
Declarations of Pecuniary Interest
No declarations of pecuniary interest were declared.
Committee of the Whole
Moved by Councillor Chisholm Seconded
by Councillor Gittings
That this meeting proceed into
a Committee of the Whole session.
CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- David Wild, re: noted he was in opposition of the application
and had concerns with respect to increased traffic that comes with more
students, as well as light, noise and air pollution that comes with a larger
facility. Mr. Wild suggested that this expansion only benefits the school, as
it is a for profit business. Believes that the heritage district needs to be
protected, and that the plan for expansion does not deliver on Oakville’s
livability policy.
- Tom Dugard, re: noted he was in opposition of the application
and had concerns with respect to removal of homes in a heritage district, and concerns regarding re-zoning of the land. Mr. Dugard is also
concerned about the increase in students and the impact that would have on traffic,
which is already bad, and believes this application does not support being the livable
town in Oakville. Mr. Dugard advised there is no benefit for the neighbourhood
only the school and he presented a petition signed by neighbours against the
development; and filed a written submission.
- Tom Dugard, on behalf of David Sculati, re: noted he was in
opposition of the application and had concerns with the following; removal
of homes in a heritage district, traffic and student increase,
traffic safety issues and re-zoning of the land, as well as concerns regarding
the GHD traffic study. In addition concerns regarding illegal passing during
peak traffic times; and filed a written submission.
- Mark Boot on behalf of Trafalgar Chartwell Residents
Association, re: noted they are in opposition of the
application and had concerns with respect to removal of homes in a
heritage district, in addition to concerns regarding Lawson Street and Reynolds
Street traffic, and on street parking. Believes that the school should expand
elsewhere, and an expansion in the current location would not achieve
Oakville’s vision; and filed a written submission.
- John Valley,
re: noted he was in opposition of the application and had concerns
with respect to removal of homes in a heritage district, and the
application not maintaining the current zoning. Suggested that Reynolds Street
and Lawson Street should be included in the traffic study. Believes that the combined
effect of traffic with the new community centre should also be considered.
- Denise Baker,
Attorney and Michael Barton, Planner on behalf of the applicant, re: comments
that this application is intended to increase students learning facilities, and
that meetings have occurred with the Trafalgar Chartwell Residents Association
and neighbours with the intent to listen to and consider neighbourhood
concerns. It was noted that the application consolidates access to the college,
which provides more sidewalk access and redistributes traffic. Mr. Barton
noted that many neighbours have said McLaughlin has been a good neighbour and
that 85% of McLaughlin students are from Oakville, and that the current
enrollment is 340 students, with a maximum enrollment set to 454. Also the
school has staggered start and dismissal times to assist with the increase of
traffic.
- David
Capper, Glen Schnarr and Associates, on behalf of homeowners of 358 McDonald, re:
concerns regarding the egress will not create conflict between the driveway of
the College and his client’s driveway.
- George
Webster, re: noted he was in opposition of the application and
had concerns regarding the addition to the school. Mr. Webster
suggested that the school is not part of the community, and advises Council they
are not obligated to approve this application. Mr. Webster added that the
school was to be capped at 300 students and no more, and now they are talking
450, they should not be permitted to grow further.
The following
communication(s) were distributed at the meeting:
- (March 18, 2019), Tom Dugard
- (March 18, 2019), Zoe and Mike Horning
- (March 18, 2019), Mitchell Easton & Jennifer Smith
- (March 14, 2019), Angela Furness
- March 14, 2019), Christopher McKay
- (March 13, 2019), Charles Clarke
- (March 13, 2019), Annie McKay
- (March 11, 2019), Kurt and Barbara Moltner
- (March 10, 2019), Colleen Dugard
- (March 8, 2019), Jacqueline Hawken
- (March 7, 2019), Stacey Lewis
- (March 4, 2019), Peter Welsh
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Moved by Councillor Gittings
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1.
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That the public meeting report prepared
by the Planning Services Department dated February 25, 2019, be received.
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2.
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That comments from the public with
respect to the proposed Zoning
By-law Amendment submitted by 25557565 Ontario Ltd., and 2587978 Ontario
Inc. (MacLachlan College) (File No.: Z.1614.72) 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:
a) Carriage house/lean-to is proposed to be removed, will this be
examined?
b) The removal of the fence along the Trafalgar Road frontage will
have an impact, will this be examined?
c) How will the additional 40 offsite parking spaces be secured?
Will there be an agreement?
d) How will potential changes to the PPS affect this proposal?
e) Will the traffic study look at Trafalgar & MacDonald Road intersections?
f)
Will the traffic report be peer reviewed?
g) A review of section 2.2.1 of the Livable Oakville Plan must be
considered in the final report.
h) A review of the community uses section of the Livable Oakville
Plan must be considered.
i)
Can a cap on the number of students be
explored?
j)
How will TDM measure handle ‘special
events”?
k) Can Lawson and Reynolds Street be added to the TIS?
l)
What is the solution to the lighting concern?
m) Confirmation of onsite parking and queuing spaces now and what
is proposed.
n) How will the proposed new playground be developed?
o) Neighbours to the north on MacDonald want it confirmed that the
proposed new driveway will not conflict with their driveway.
p) Does the application uphold the intent of the heritage district?
q) In considering section 11:19 of Livable Oakville, please
research if Trafalgar Road is now at capacity.
r)
Is By-law 1996-121 still valid?
s) Is this overdevelopment compared to other schools?
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CARRIED
RECESS
The meeting recessed at 8:59 p.m. and
resumed at 9:06 p.m.
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Ian
McDermott, re: concerns with respect to this application, advising that 36
residents have signed a petition against the current application. Mr.
McDermott advised that development on the site would be fine, providing it
conforms to the by-laws and zoning standards, and advised that the application
doesn’t meet the standards of RM1 zoning, and should have reduced height, and
increased frontage. Mr. McDermott added that the mature trees on the property must
be preserved, and the site needs to be considered for its archaeological
potential.
- Sheila
Manese, re: concerns with respect to removal of the trees. Ms. Manese would
like to ensure the mature trees on the property are maintained.
- Arlene
Beaumont, W.E. Oughtred and Associates Inc., on behalf of the applicant, re: information
with respect to the zoning for the site. Ms. Beaumont advised that the site is
currently zoned ED, and that whatever is built on the land will require
re-zoning. Ms. Beaumont noted that zoning the site to RM1 is consistent with
medium density, and that the building is being moved back to match the set back
with the neighbours properties. She also advised that the height is being
reduced to 12m which meets the by-law requirements. It was also added that the
exterior fireplaces have all been removed, and that tree protection is
important to the applicant.
The following
communication(s) were distributed at the meeting:
- (March 18, 2019), Terrance Lukas
- (March 7, 2019), Diane Garley
- (March 6, 2019), Diane Garley
- (March 6, 2019), Diane Garley
- (March 6, 2019), Diane Garley
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Moved by Councillor Robertson
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1.
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That the public meeting report prepared
by the Planning Services Department dated February 25, 2019, be received.
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2.
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That comments from the public with
respect to the proposed Zoning
By-law Amendment and Draft Plan of Subdivision application for
47 Nelson Street (File No.: Z.1728.65, 24T-18007/1728), 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:
a) Archeological and historical investigations should occur.
b) Proper investigation regarding tree preservation should occur.
c) Is this overdevelopment?
d) Is this appropriate development given the types of development
in the area?
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CARRIED
BEYOND THE HOUR
Moved by Councillor
Haslett-Theall
That this meeting proceed past
the hour of 10:00 p.m., but no later than 10:30 p.m.
CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Steven
Blood, on behalf of the residents of Snow Manor, re: concerns with respect to lengthy
debris during construction, work hours, driveway and parking disruption for
Snow Manor, destruction of trees, destruction of south facing views,
positioning of the building and density.
- Martin
Lucas, re: has no issues and supports the development, advised that the
applicants have been supportive and addressed any concerns.
- Jonathan
Sprawson, building designer, DQI, re: the mutual drive between Snow Manor and
the site has been increased. Mr. Sprawson added that most of the canopy would
stay, ensuring a proper transition. It was noted that even the roofline has
been brought down. Mr. Sprawson noted that there was consideration for
neighbours and there is a meeting with staff later this week, to address
concerns, and that they already had a great public meeting with 20 person turn
out.
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Moved by Councillor Chisholm
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1.
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That the public meeting report prepared
by the Planning Services Department dated February 25, 2019, be received.
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2.
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That comments from the public with
respect to the proposed Zoning
By-law Amendment submitted by Design Quorum Inc., on behalf of the owners,
(File No.: Z.1715.23), 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:
a) Consider matters raised by the public at the public meeting in
the final report.
b) Further review as to what constitutes a 4th storey to
this development.
c) Will staff consider the loss of trees on the final landscape
plan?
d) What is the current tree canopy on site and what will it be as a
result of this proposed development?
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CARRIED
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4.
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Recommendation Report, Draft Plan
of Subdivision, Majestic Edge Estates Inc., 346 & 362 Lakeshore Road
West, File No. 24T-17006/1718
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Report from Planning Services Department,
February 25, 2019
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Moved by
Councillor Duddeck
That the
following additional clause be added:
That the owner
shall prepare and implement a Landscape Plan as it affects the rear lot lines
of Lots 2 through 8, so as to supplement the existing trees/vegetation that
will remain in accordance with the required Tree Preservation Plan prior to
registration, to the satisfaction of the Town. Further, the owner shall
prepare the Landscape Plan in consultation with the immediately abutting
landowners, wherein the owner shall advise Town staff how the outcome of this
consultation informed the preparation of the Landscape Plan.
Waiving
of Procedure
Moved by Councillor Duddeck
That, in
accordance with Section 2(2) of the Procedure By-law, the rules of procedure
established in Section 19(2) be waived to permit the meeting to proceed beyond
the hour of 10:30 p.m.
CARRIED
Moved by Councillor Gittings
That this meeting proceed
beyond the hour of 10:30 p.m.
CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Charles
Johnston, re: would like as many trees to be kept as possible.
- Bruno Nazzicone,
on behalf of the applicant, re: ensuring protection for trees, consulting with
Conservation Halton regarding the three lots backing onto the future park and hired
an additional three consultants regarding shoreline protection.
The Mayor called for the vote on Councillor
Duddeck’s additional clause and the remainder of the recommendation as moved by
Councillor Duddeck:
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1.
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That Draft Plan of Subdivision
application submitted by Majestic Edge Estates Inc. (File No.
24T-17006/1718), 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 the Livable Oakville 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 February
25th, 2019;
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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-17006/1718) submitted by Majestic Edge Estates Inc. prepared by KLM
Planning Partners Inc., dated February 11th, 2019., subject to the
conditions contained in Appendix E;
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3.
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That once 24T-17006/1718 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;
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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 staff be delegated authority to
convey an easement over a portion of Block 21 & 23 Registered Plan
20M-729, as more particularly described by the Director of Development
Engineering, to the Regional Municipality of Halton for the purpose of a
servicing easement, and seek reimbursement for the market value of such an
easement and all costs related to the transaction from Majestic Edge
Estates Inc., and the Town Solicitor be authorized to negotiate and settle
all documentation required to complete this transaction; and
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6.
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That notice of Council’s decision
reflects that Council has fully considered all the written and oral
submissions relating to this matter and that those comments have been
appropriately addressed.
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CARRIED
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Moved by Councillor Sandhu
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1.
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That the Director of Planning Services
be authorized to grant draft plan approval to the Draft Plan of Condominium
(File No. 24CDM-18004/1319) submitted by Ankara Realty Limited (The
Remington Group) prepared by Schaeffer Dzaldov Bennett Limited dated
December 18, 2018 subject to the conditions contained in Appendix ‘C’.
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2.
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That notice of Council’s decision
reflects that the comments from the public have been appropriately
addressed.
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CARRIED
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Moved by Councillor Sandhu
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That the report from Community
Services, Community Development, and Corporate Services Commissions dated
February 19, 2019 entitled Population Forecasts for Ward 7 and Factors
Required to Establish Need for Facilities, be received.
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CARRIED
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 has made recommendations on Public Hearing Items 1, 2, and 3,
and Discussion Items 4, 5, and 6.
Moved by Councillor Elgar Seconded
by Councillor Robertson
That the report and
recommendations of the Committee of the Whole be approved.
CARRIED
Moved by Councillor Knoll Seconded
by Councillor Grant
The
Mayor adjourned the meeting 10:55 p.m.
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KATHY PATRICK
ACTING
TOWN CLERK