TWENTY-FOURTH Meeting - Regular Session
The Town of Oakville Council
met in regular session to consider planning matters on this 8th day
of September, 2020 in the Council Chamber of the Oakville Municipal Building,
1225 Trafalgar Road, commencing at 6:30 p.m.
Present (in person): Mayor - Rob Burton
Present (via Videoconference):
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
Staff (in
person): - J. Clohecy, Chief Administrative Officer
-
J. Barry, Acting Commissioner of Community Development
- M.
Simeoni, Director of Planning Services
-
J. Stephen, Director of Engineering and Construction
- G.
Charles, Senior Manager of Current Planning and Urban Design
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D. Childs, Manager of Policy Planning and Heritage
- H. Hecht,
Manager of Current Planning - East District
- C.
McConnell, Manager of Current Planning - West District
- P. Barrette,
Senior Planner, Current Planning – West District
- K.
Biggar, Senior Planner
- T.
Collingwood, Senior Planner, Current Planning – East District
- L.
Musson, Senior Planner, Current Planning – East District
- K.
Cockburn, Planner
- K.
Patrick, Acting Town Clerk
- J.
Marcovecchio, Council and Committee Coordinator
Staff (via Videoconference):
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D. Carr, Town Solicitor
-
N. Chandra, Assistant Town Solicitor
- K.
Livingstone, Planner, Current Planning – West District
- S.
Rizvi, Transportation Engineer
- A.
Yousfani, Transportation Engineer
Also present (via Videoconference):
- Curt
Benson, Director of Planning Services and Chief Planning Official, Halton
Region
- Rob
Howe, Goodmans LLP
External Legal Counsel
Regrets: Councillor - Jasvinder Sandhu
This meeting was held in compliance with
the electronic participation provisions of the Municipal Emergency Act, 2020
and the Town of Oakville Procedure By-law 2020-011, as amended.
Declarations of Pecuniary Interest
No declarations of pecuniary interest were declared.
Committee of the Whole
Moved by
Councillor Duddeck Seconded by Councillor Lishchyna
That this
meeting proceed into a Committee of the Whole session.
CARRIED
In accordance with Section 2(8) of the
Procedure By-law, the items were considered out of order.
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Moved by Councillor Duddeck
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1.
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That the application (File No.:
Z.1613.62) submitted by Modern Skyline Corporation, to remove the “H28”
Holding Provision from the lands known as 158 Trafalgar Road (formerly 156
and 160 Trafalgar Road), be approved; and
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2.
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That By-law 2020-095, a by-law to
remove the “H28” Holding Provision from 158 Trafalgar Road (formerly 156
and 160 Trafalgar Road), be passed.
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CARRIED
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2.
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Deeming By-law 2020-101 for 62 and
70 Ennisclare Drive West, Lots 4 and 5, Registered Plan 397
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Report from Planning Services Department,
August 26, 2020
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Moved by Councillor Duddeck
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1.
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That By-law 2020-101 be passed which
has the effect of merging Lots 4 and 5 and on Plan 397 in accordance with
subsection 50(4) of the Planning Act.
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2.
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That staff register the by-law on title
to the subject lands.
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CARRIED
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Moved by Councillor Duddeck
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1.
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That the property be removed from any
future implementation of the Cultural Heritage Landscape Strategy; and
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2.
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That the property remain on the
Oakville Register of Properties of Cultural Heritage Value as a listed (not
designated) property.
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CARRIED
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Moved by Councillor Duddeck
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That the recognition of the property at
2031 North Service Road West as a significant cultural heritage landscape
be removed and also that the property be removed from further Cultural
Heritage Landscape Strategy Implementation.
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CARRIED
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Moved by Councillor Duddeck
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That the following recommendation pertaining to Item 5a of
the Heritage Oakville Advisory Committee minutes from its meeting on August
18, 2020, be approved and the remainder of the minutes be received:
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5a.
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Local Planning Appeal Tribunal Decision July 27, 2020
- City of Toronto By-law No. 1328-2015 - Heritage Conservation District
(St. Lawrence Neighbourhood) Case No. MM160020
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That the Heritage Oakville Advisory Committee
recommends that Council request a report from town staff regarding the
implications of the LPAT decision in Case No. MM160020 in regards
specifically to Oakville’s Heritage Conservation District plans and
existing planning policy.
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CARRIED
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Moved by Councillor Duddeck
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That the confidential report from the
Legal Department dated September 2, 2020, be received
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Stephanie
Kwast, Bousfields Inc., on behalf of the applicant, provided information on the
location, surrounding land use context, existing buildings on the property, proposal
highlights, amenities, planning and community engagement process, official plan
designation, transportation corridor, zoning, existing and proposed site plans,
ground floor plan, and aerial renderings; and filed a submission.
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Moved by Councillor Adams
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1.
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That the public meeting report,
prepared by the Planning Services Department dated August 26, 2020, 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 applications submitted by Kamato Holdings Limited (File
No.: Z.1512.09), 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)
How will parking be accommodated during
construction?
b)
Consider the issue of sufficient bicycle
parking for this proposal and the location of electrical vehicle parking
stations.
c)
Consider urban design changes that would help the
proposed building blend in with the existing buildings.
d)
Consider the introduction of some retail in
the proposal.
e)
Confirmation of what the potential amenity
space will consist of.
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Plyush Arora, re: concerns regarding traffic congestion and safety
at an already busy intersection, cutting thru traffic on smaller streets to
avoid the traffic light during rush hour, proposed townhouses are an overbuild,
parking, incomplete traffic data and counts in the traffic impact assessment
study for West Oak Trail Boulevard and Postmaster Drive intersection, and the
timing of the sale of the lot prior to rezoning; and advising that a petition has
been filed by residents in the neighbourhood who also share concerns with
respect to the proposed development.
- Dylan D’Costa and Joan Pinto, re: concerns regarding the major
intersection and the number of transit bus routes, arterial road connections
and the number of schools in the area, traffic overflow and congestion, height,
construction noise, shadowing, impact of the proposed
development on houses located more than 120 metres from the subject property,
residents in the wider area who were not aware of the rezoning application, and
keeping the subject property community use. Residents want a tennis
court and playground instead of packing more homes into a small area, and
compatibility with a mature and established neighbourhood in the Livable
Oakville Plan, and advising that a petition has been filed by
residents in the neighbourhood.
- David
Capper, Glen Schnarr & Associates Inc., on behalf of the applicant,
provided details on the aerial plan and community context, development
proposal, proposed site plan, site configuration to allow for transition to the
townhouses, proposed building elevations for two and three storey townhomes, strong
street presence and active street frontage, rear yard reduction, flankage
reduction, front yard increase, and increase in building height; and filed a
submission.
- Shirzad Mohajerani, opposed to the application, advising of the
petition from residents in the neighbourhood with more than 630 signatures, re: concerns raised by residents at the public
meeting with the builder regarding traffic and road congestion, privacy, neighbourhood
and children safety, lack of adequate parking spaces, and density of buildings
within a small space of land, and further advising of construction concerns,
and that the area is well established.
- Brijesh Jaggi, re: concerns regarding adding a congested
development in an established area, impact on schools reopening and social
distancing, bicycle lanes congestion with additional on street parking and unsafe
roads, how the proposed townhouses compare to other townhouse blocks in the
area, and residents would like to have tennis courts and basketball courts in
the area.
- Gabriel
Zhao, re: concerns regarding the number of tenant/visitor parking spaces, maintaining
larger lot sizes and green space for lawns, reduction in
front yard and rear yard setbacks, compliance with zoning standards, compatibility
of the development proposal with the existing neighbourhood, and size and scale
of the development is too compact in its present form.
- Ed
Kwiatowski, not opposed to development in the area provided it is consistent with
semis and detached homes, re: concerns regarding overbuilding, increased traffic,
lack of a traffic study, lot size, parking concerns in the area, and noise
construction, indicating that he would have liked to receive more information
on the development proposal other than what was provided at the public meeting;
and filed a submission.
- Julie
Gatt, re: concerns regarding problems with snow removal on a condo road, tenant/visitor
parking overflow, traffic impact with an additional townhouse complex being so
close to the signalized intersection, and the height of three storey townhouses
located right up to the sidewalk will be overbearing to the area.
The following
communication(s) were distributed at the meeting:
- (July 17, 2020) from Tony Martin
- (August 4, 2020) from Steven Hong Jiang
- (August 12, 2020) from David and Rosanne Robinson
- (August 26, 2020) from Linda Feth
- (August 27, 2020) from Rajan Harold Randhawa
- (August 31, 2020) from Anto Vrdoljak
- (September 3, 2020) from Maxine Morris and Joan Pinto
(submission and petition)
- (September 6, 2020) from Lucia Zetocha
- (September 6, 2020) from Krystal Edwards
- (September 7, 2020) from Sandy Nettleton and Ed Kwiatowski
- (September 7, 2020) Hung family
- (September 8, 2020) from Anthony Haries
- (September 8, 2020) from Sandy Nettleton
- (September 8, 2020) from Tony and Jeanine Martin
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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 August 26, 2020, 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 Branthaven West Oak Inc. (File No.:
Z.1427.13), 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)
Town to be provided with a parking
justification study over and above the traffic impact study. There are many
site specific changes which have been requested for this proposal, and we need
to understand what the basis for the parking standard is as the applicant is
varying the zone performance standards which has the effect of increasing
density, which altered the intent of this zone.
b)
Understand and report on the differences as to
what complying with the Zoning By-law would yield in terms of units and
density versus what the applicant is proposing.
c)
What are the densities and performance
standards of abutting developments in the area, including setbacks and
height?
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Melinda
MacRory, MHBC, on behalf of the applicant, provided details on the development
proposal and supporting applications for the subject lands, reviewing the policy
and regulatory framework, site plan, amenities, parking, building elevations,
building section, and shadow study; advising that the proposed development and
applications implement a development in keeping with the policies and intent of
the town’s Official Plan; and filed a submission.
- Bill
Whitaker, re: concerns regarding compatibility of the proposed development with
the area and surrounding uses, location for loading and unloading garbage
pickup, heavy traffic and safety, parking, size and scale of the building, and limiting
the east Wilson Street elevation setback to three stories and building height
to five stories; and filed a submission.
- Gavin
Virgo, opposed to the application, re: concerns regarding density, impact on
community and proximity to residents, size and scale of the proposed development,
insufficient community consultation, benefit from bonusing provisions and
benchmark for community benefits, stepbacks (storey transitions) to Wilson
Street residents, as well as brick wall and shadows, traffic volumes and
speeds, increased street parking, position of the driveway on Wilson Street,
and does not fit within the community context in its current form; and filed
submissions.
- Mauro
Lollo, re: concerns regarding maintaining historical homes and the use of
properties in this area known as Old Oakville, keeping and respecting the
existing uses surrounding single family dwellings, density, compatibility of
the proposed building with the existing neighbourhood, traffic increase, speeding,
waste management, visitor parking, construction vehicles on streets, limiting
the total number of storeys to a maximum of three, and overdevelopment; and filed
a submission.
The following
communication(s) were distributed at the meeting:
- (August 31, 2020 from Doug Sams, Kerr Village BIA
- (September 1, 2020) from Adam Laird
- (September 3, 2020) from Brian and Cindy Meagher
- (September 4, 2020) from Mauro Lollo
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Moved by Councillor Duddeck
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1.
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That the public meeting report prepared
by the Planning Services Department dated August 26th, 2020, be received.
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2.
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That comments from the public with
respect to the proposed Official Plan Amendment & Zoning By-law
Amendment submitted by Amico Properties Inc./Spruce Partners Inc. (File
No.: OPA 1615.12, Z.1615.12), 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)
Consider alternate vehicle access locations to
the building versus what is proposed.
b)
Consider terracing starting at three stories rather
than four stories.
c)
Consider design changes that would respond to
COVID-19 challenges.
d)
Provide a breakdown of how parking spots are
being allocated including the shift change.
e)
Provide a justification as to why retail is
not being provided as a result of parking not available on the east side of
Kerr Street.
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CARRIED
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Moved by Councillor Parmar
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1.
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That the public meeting report prepared
by the Planning Services Department dated August 26, 2020, 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 EMGO (North Oakville I) Ltd. (File No.:
Z.1315.10), 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)
A detailed parking analysis/plan is to be
provided in the recommendation report.
b)
Staff are to provide a market justification
for the changes proposed.
c)
Information on how the notices are sent out to
potential purchasers is to be provided in the recommendation report.
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CARRIED
BEYOND THE HOUR
Moved by Councillor Gittings
That this meeting proceed beyond
the hour of 10:30 p.m., but no later than
11:00 p.m.
CARRIED
The following
communication(s) were distributed at the meeting:
- (February 25, 2020) from Norman Young
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Moved by Councillor Haslett-Theall
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1.
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That the proposed Zoning By-law
Amendment application submitted by JRB – 109 Reynolds Holdings LP – JRB
Developments (File No.
Z. 1613.61), be approved on the basis that the application is consistent
with the Provincial Policy Statement, conforms with all applicable
Provincial plans, the Region of Halton Official Plan, 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 August 26, 2020.
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2.
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That By-law 2020-043 an amendment to
Zoning By-law 2014-014, be passed.
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3.
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That the notice of Council’s decision
reflects that Council has fully considered all of the written and oral
submissions relating to these matters and that those comments have been
appropriately addressed.
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4.
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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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5.
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That the site plan for the proposed
development be designed in accordance with the urban design requirements in
Appendix ‘B’ of the report from the Planning Services Department dated
August 26, 2020.
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CARRIED
The following
communication(s) were distributed at the meeting:
- (September 8, 2020) from Daniel Steinberg, Davies Howe LLP
WAIVING OF PROCEDURE BY-LAW
Moved by Councillor Duddeck
That, the rules of procedure
established in Section 19(1) be waived to permit the meeting to proceed beyond
the hour of 11:00 p.m.
CARRIED
BEYOND THE HOUR
Moved by Councillor Duddeck
That this meeting proceed
beyond the hour of 11:00 p.m., but no later than
11:30 p.m.
CARRIED
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Moved by Councillor Elgar
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1.
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That the report titled Regional
Official Plan Review – Regional Discussion Papers dated August 26,
2020, be received.
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2.
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That the report titled Regional
Official Plan Review – Regional Discussion Papers dated August 26,
2020, be forwarded for information to Halton Region, the City of
Burlington, the Town of Halton Hills, the Town of Milton, Credit Valley
Conservation, Grand River Conservation Authority and Conservation Halton.
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CARRIED
Moved by Councillor Duddeck
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, 4, 5, and 6, Discussion Items 7, 8, 9
and 10, and Advisory Committee Minutes Items 11, as noted by the Clerk.
Moved by Councillor Knoll Seconded
by Councillor Chisholm
That the report and
recommendations of the Committee of the Whole be approved.
CARRIED
Moved by
Councillor Lishchyna Seconded by Councillor Grant
CARRIED
The
Mayor adjourned the meeting 11:00 p.m.
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KATHY PATRICK
ACTING
TOWN CLERK