Meeting - Regular Session

TWENTY-EIGHTH Meeting - Regular Session

 

The Town of Oakville Council met in regular session to consider planning matters on this 4th day of November, 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

                                                -     Beth Robertson

                                                -     Jasvinder Sandhu

 

Staff                                        -     R. Green, Chief Administrative Officer

                                                -     J. Clohecy, Commissioner of Community Development and Deputy CAO

                                                -     C. Bell, Commissioner of Community Services

-     D. Carr, Town Solicitor

                                                -     M. Simeoni, Director of Planning Services

                                                -     J. Barry, Director of Municipal Enforcement Services

                                                -     C. Mark, Director of Parks and Open Space

                                                -     J. Stephen, Director of Engineering and Construction

                                                -     N. Chandra, Assistant Town Solicitor

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

-     D. Childs, Manager of Policy Planning and Heritage

                                                -     H. Hecht, Manager of Current Planning - East District

                                                -     C. McConnell, Manager of Current Planning - West District

                                                -     C. Tizzard, Manager of Urban Design

                                                -     S. Douglas Murray, Senior Manager of Cultural Services

                                                -     P. Barrette, Senior Planner, Current Planning – West District

-     T. Collingwood, Senior Planner, Current Planning – East District

                                                -     L. Gill Woods, Senior Planner, Policy Planning and Heritage

                                                -     L. Musson, Senior Planner, Current Planning – East District

                                                -     B. Hassan, Planner, Current Planning – West District

                                                -     K. Livingstone, Planner, Current Planning – East District

                                                -     S. Schappert, Heritage Planner

                                                -     K. Patrick, Acting Town Clerk

                                                -     J. Marcovecchio, Council and Committee Coordinator

 

Regrets:   Councillor           -     Pavan Parmar

 

 

Declarations of Pecuniary Interest

 

Councillor Knoll declared a pecuniary interest with respect to Item 4 – Public Meeting Report, Zoning By-law Amendment, Oakville Developments (2010) Inc., 550 Kerr Street, File No. Z.1616.55, as he is the CEO of a business that occupies land at
171 Speers Road.

 

 

Committee of the Whole

 

Moved by Councillor Lishchyna        Seconded by Councillor Duddeck

 

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

 

                                                                                                               CARRIED

 

 

AGENDA ITEM(S)

 

1.

Holding Provision Removal, 1187 Burnhamthorpe Road East, Z.1209.09, By-law 2019-094

 

 

-           Report from Planning Services Department,
October 23, 2019

 

 

Moved by Councillor Lishchyna

 

1.

That the application (File No.: Z.1209.09) submitted by the Ontario Zoroastrian Community Foundation to remove the “H25” holding provision from the lands known as 1187 Burnhamthorpe Road East, be approved.

 

2.

That By-law 2019-094, a by-law to remove the “H25” holding provision from Zoning By-law 2009-189, as amended, be passed.

 

                                                                                                               CARRIED

 


 

 

2.

Holding Provision Removal, ASC (Oakville) Facility Limited Partnership, Z.1327.02 - By-law 2019-080

 

 

-           Report from Planning Services Department,
October 11, 2019

 

 

Moved by Councillor Lishchyna

 

1.

That the application (File No.: Z.1327.02) submitted by ASC (Oakville) Facility Limited Partnership, to remove the Holding Provision “H18” from the lands generally located at 3000 Hospital Gate, be approved.

 

2.

That By-law 2019-080, a by-law to remove the holding provision “H18” from Zoning By-law 2009-189, as amended, be passed.

 

                                                                                                               CARRIED

 

 

C-1.

LPAT Hearing - PL180396, 297 Queens Avenue

 

 

-           Confidential Report from Legal Department,

October 30, 2019

 

 

Moved by Councillor Lishchyna

 

That the report from the Legal Department dated October 30, 2019 be received.

 

                                                                                                               CARRIED

 

 

3.

Public Meeting Report, Silwell Developments Limited, Zoning By-law Amendment - Z.1414.11

 

 

-           Report from Planning Services Department,
October 11, 2019

 

 

Moved by Councillor Knoll

 

1.

That the public meeting report prepared by the Planning Services Department dated October 11, 2019, be received.

 

2.

That comments from the public with respect to the proposed Zoning
By-law Amendment submitted by Silwell Developments Limited (File No.: Z.1414.11) be received.

 

                                                                                                               CARRIED

 

 

 

 

4.

Public Meeting Report, Zoning By-law Amendment, Oakville Developments (2010) Inc., 550 Kerr Street, File No. Z.1616.55

 

 

-           Report from Planning Services Department,
October 11, 2019

 

 

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

-     Garnett Mason, re:  concerns regarding traffic congestion in the area;  infrastructure required to support the proposed development; will allotments be made for existing commercial tenants and assistance in relocating, if necessary; and filed a submission.

 

-     Rob MacFarlane, Zelinka Priamo Ltd., on behalf of the applicant, provided a summary of the proposed development and zoning by-law amendment; and filed a submission.

 

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

-     (November 1, 2019) from Piper Morley, Borden Ladner Gervais LLP

-     (October 29, 2019) from Steven Zakem, Aird & Berlis LLP

-     (October 29, 2019) from Garnett Mason providing statements received from local business owners, including Enayat Mahmood, Villi’s Pizza & Wings; Muayed Mansur and Saher Boless, Kukapille Sports Barber Shop; Denesh Balar, Techville and Techville Distribution

 

Moved by Councillor Chisholm

 

1.

That the public meeting report prepared by the Planning Services Department dated October 11, 2019, be received.

 

2.

That comments from the public with respect to the Zoning By-law Amendment by Oakville Developments (2010) Inc. (File No. Z.1616.55), be received.

 

                                                                                                               CARRIED       

                                                                                (Councillor Knoll having declared a pecuniary
                                                                                           interest on this item, did not vote.)

 


 

 

5.

Cultural Heritage Landscape Strategy Implementation - Erchless Estate - Heritage Designation and Conservation Plan, Plus Public Meeting and Recommendation Report for Official Plan and Zoning By-law Amendments (Cultural Heritage Special Policy Areas, including Erchless Estate) - File Nos. 42.24.22, OPA.1714.27 and Z.1714.27 - By-law 2019-057, By-law 2019-107 (OPA 32) and By-law 2019-108

 

 

-           Report from Planning Services Department,
October 25, 2019

 

 

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

-     (November 4, 2019) from Mark Flowers, Davies Howe LLP

-     (November 4, 2019) from Jill Gowland

 

Moved by Councillor Chisholm

 

1.

That By-law 2019-057, a by-law to designate the Erchless Estate at 8 Navy Street and 110-114 King Street, as a property of cultural heritage value or interest, be passed.

 

2.

That the draft cultural heritage landscape conservation plan for the Erchless Estate, as attached in Appendix A to the report dated October 25, 2019, be approved.

 

3.

That the proposed town-initiated official plan and zoning by-law amendments (File Nos. 42.24.22, OPA.1714.27 and Z.1714.27; Cultural Heritage Special Policy Areas including Erchless Estate) be deferred.

 

4.

That By-law 2019-107, a by-law to adopt Official Plan Amendment Number 32 (OPA 32) to the Livable Oakville Plan be deferred.

 

5.

That By-law 2019-108, a by-law to amend Zoning By-law 2014-014 be deferred.

 

                                                                                                               CARRIED

 


 

6.

Recommendation Report - Draft Plan of Condominium, 2524151 Ontario Inc. - 332-338 Robinson Street, File No.: 24CDM-19007/1713

 

 

-           Report from Planning Services Department,
October 11, 2019

 

 

Moved by Councillor Haslett-Theall

 

That the Director of Planning Services be authorized to grant draft plan approval to the draft plan of condominium (24CDM-19007/1713) submitted by 2524151 Ontario Inc., prepared by Cunningham McConnell Limited, dated January 7, 2019, subject to the conditions contained in Appendix ‘A’ of the report dated October 11, 2019, from the Planning Services department.

 

                                                                                                               CARRIED

 

 

7.

Recommendation Report, Draft Plan of Condominium,
3058, 3062, 3066, 3070, 3074 and 3087 Sixth Line, 2457667 Ontario Inc.; c/o Distrikt, 24CDM-19005/1316

 

 

-           Report from Planning Services Department,
October 3, 2019

 

 

Moved by Councillor Sandhu

 

That the Director of Planning Services be authorized to grant draft plan approval to the Draft Plan of Condominium (24CDM-19005/1316) submitted by 2457667 Ontario Inc.; c/o Distrikt, and prepared by KRCMAR, c/o
S.N. Ramsamooj dated June 17, 2019, subject to the conditions contained in Appendix ‘A’.

 

                                                                                                               CARRIED

 

 

8.

Options for Street Lighting on Lakeshore Road West in Kerr Village

 

 

-           Report from Planning Services Department and Engineering and Construction Department,
October 11, 2019

 

 

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

-     Doug Sams, Kerr Village BIA, advising they would be happy to work with the Ward Councillors and the BIA’s Urban Design Manager in reviewing a plan on how to maximize beautification in the area, street lighting conformity and review transit and pedestrian traffic.

 

Moved by Councillor Chisholm

 

That this item be deferred for further discussions with Ward 2 Councillors and Kerr Village BIA.

 

                                                                                                               CARRIED

 

 

9.

Site Plan Process update, By-law 2019-114

 

 

-           Report from Planning Services Department,
October 11, 2019

 

 

Moved by Councillor Grant

 

1.

That the report from the Planning Services department entitled “Site Plan Process update”, dated October 11, 2019, be received.

 

2.

That By-law 2019-114, a by-law to establish site plan control and delegate authority with respect to the approval of site plans within the Town of Oakville, be passed, and that By-law 2005-062 as amended, be repealed.

 

3.

That Council be copied on final site plan proposals prior to site plan approval by the Director of Planning Services.

 

                                                                                                               CARRIED

 

 

12.

Rehabilitation of Towne Square

 

 

-           Report from Community Services Commission and Community Development Commission, October 30, 2019

 

 

Moved by Councillor Gittings

 

That the report from the Commissioners of Community Services and Community Development be received.

 

                                                                                                               CARRIED

 

 

13.

Noise Exemption Related to Property Standards Emergency Order 2019-111642 (58-62 Shepherd Road) 

 

 

-           Report from Municipal Enforcement Services,
October 31, 2019 

 

 

Moved by Councillor Chisholm

 

That the noise exemption request in the application set out in Appendix A to this report from Municipal Enforcement Services dated October 31, 2019, relating to the carrying out of work to satisfy any emergency property standards order(s) for remediation of structural concerns for the shoring at
58-62 Shepherd Road be approved
.

 

                                                                                                               CARRIED

 

 

C-2.

LPAT Hearing, PL170462, Dunpar Developments Inc.,
1020 – 1042 Sixth Line

 

 

-           Confidential Report from Legal Department,
October 30, 2019

 

 

Moved by Councillor Knoll

 

That the report from the Legal Department dated October 30, 2019 be received.

 

                                                                                                               CARRIED

 

 

CLOSED SESSION

 

Moved by Councillor Elgar

 

That Committee resolve into a closed meeting session for the purpose of dealing with a matter pertaining to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, and receiving advice that is subject to solicitor-client privilege, including communications necessary for that purpose with respect to Item C-3.

 

                                                                                                               CARRIED

 

 

Committee resolved into closed session at 8:41 p.m.

 

Committee resolved back into open session at 9:56 p.m.

 

 

C-3.

Glen Abbey Update

 

 

-           Confidential Report from Legal Department,
October 30, 2019

 

 

Moved by Councillor Longo

 

That the report from the Legal Department dated October 30, 2019 be received.

 

                                                                                                               CARRIED

 

 

10.

Livable Oakville (Official Plan Review) Council Sub-committee (October 7, 2019)

 

 

Moved by Councillor Knoll

 

That the minutes of the Livable Oakville (Official Plan Review) Council
Sub-committee meeting of October 7, 2019, be received.

 

                                                                                                               CARRIED

 

 

11.

Heritage Oakville Advisory Committee (October 22, 2019)

 

 

Moved by Councillor Gittings

 

That the following recommendations pertaining to Items 6a and 6b of the Heritage Oakville Advisory Committee minutes from its meeting on October 22, 2019, be approved and the remainder of the minutes be received:

 

 

6a.

Heritage Permit Application HP048/19-42.20F 64 First Street - Demolition of Residence and Garage; Construction of New Residence

 

 

-           Report from Planning Services Department,
October 8, 2019

 

 

1.

That Heritage Permit Application HP048/19-42.20F for the demolition of the existing residence and garage at 64 First Street and construction of a new residence, as attached in Appendix B to the report dated October 8, 2019 from Planning Services, be approved subject to the following:

 

a.

That final details on the new doors, windows and colours be submitted to Heritage Planning staff for final approval before installation; and

 

2.

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

 

 

 

b.

Heritage Permit Application HP046/19-42.20T 205 Trafalgar Road - New additions with attached garage

 

 

-           Report from Planning Services Department,
October 8, 2019

 

 

1.

That Heritage Permit Application HP046/19-42.20T for the construction of new two-storey additions and attached garage at
205 Trafalgar Road, as attached in Appendix B to the report dated October 8, 2019 from Planning Services, be approved subject to the following:

 

a.

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

 

b.

That, in cases where there are no changes proposed to existing window and door openings, the existing historic windows, doors and shutters be retained and restored;

 

c.

That all new windows and shutters installed on the historic portion of the house be wood and not aluminum-clad wood; and

 

d.

That historic shutters and other historic materials not proposed for retention be made available for salvage or reuse; and

 

2.

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

 

                                                                                                               CARRIED

 

 

RISE AND REPORT TO COUNCIL

 

Moved by Councillor Longo

 

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 Consent Items 1 and 2, Confidential Consent Item C-1, Public Hearing Items 3 and 4, Discussion Items 5, 6, 7, 8, 9, 12, and 13, Confidential Discussion Items C-2 and C-3, and Advisory Committee Minutes Items 10 and 11, as noted by the Clerk.

 

 

 

Moved by Councillor Chisholm              Seconded by Councillor Sandhu

 

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

 

                                                                                                               CARRIED

 


 

CONSIDERATION AND READING OF BY-LAWS

 

Moved by Councillor Longo               Seconded by Councillor Robertson

 

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

 

2019-057

A by-law to designate the Erchless Estate at 8 Navy Street and 110-114 King Street, as a property of cultural heritage value or interest.  (Re: Item 5)

 

 

2019-080

A by-law to remove the Holding “H” Provision on lands described as Part of Lot 27, Concession 1, NDS (ASC (Oakville) Facility Limited Partnership, File No. Z.1327.01)  (Re: Item 2)

 

 

2019-094

A by-law to remove the Holding “H” Provision from the lands municipally described as 1187 Burnhamthorpe Road East (Ontario Zoroastrian Community Foundation, File No.: Z.1209.09).  (Re: Item 1)

 

 

2019-106

A by-law to declare that certain land is not subject to part lot control (Blocks 251 and 252, Plan 20M-1198 – Pendent Developments Limited).

 

 

2019-114

A by-law to establish site plan control and delegate authority with respect to the approval of site plans within the Town of Oakville and repeal By-law 2005-062, as amended. 
(Re: Item 9)

 

 

2019-119

A by-law to declare that certain land is not subject to part lot control (Blocks 166, 167,168, 169, 171, 172, 183 and 184, Plan 20M-1212 – 404072 Ontario Limited).

 

 

2019-118

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

 

 

                                                                                                               CARRIED

 

 

ADJOURNMENT

 

 

The Mayor adjourned the meeting 10:00 p.m.

 

 

 

                                                                                    ________________________________

                                                                                                        KATHY PATRICK

                                                                                                   ACTING TOWN CLERK

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