Town of Oakville

Special Planning and Development Council Minutes

Meeting #:

Date:

Tuesday, February 07, 2023

Time:

6:30 P.m. - 10:30 P.m.

Location:

Council Chamber

Mayor and Council:

• Councillor Adams, Acting Mayor
• Councillor Chisholm
• Councillor Duddeck
• Councillor Elgar
• Councillor Gittings
• Councillor Grant
• Councillor Haslett-Theall
• Councillor Knoll
• Councillor Lishchyna
• Councillor Longo
• Councillor McNeice
• Councillor Nanda
• Councillor O'Meara
• Councillor Xie

Regrets:

• Mayor Burton

Staff Present:

• N. Garbe, Acting Chief Administrative Officer
• P. Fu, Commissioner of Community Infrastructure
• D. Carr, Town Solicitor
• G. Charles, Director of Planning Services
• K. Biggar, Manager of Policy Planning and Heritage
• L. Musson, Manager of Planning Services, East District
• K. Parker, Manager of Development Services
• K. Cockburn, Senior Planner
• T. Collingwood, Senior Planner
• A. Khan, Transportation Engineer
• V. Tytaneck, Town Clerk
• J. Marcovecchio, Council and Committee Coordinator

The Town of Oakville Council met in special session to consider planning matters on this 7th day of February, 2023 in the Council Chamber of the Oakville Municipal Building, 1225 Trafalgar Road, commencing at 6:30 p.m.

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1.

Regrets

As noted above.

 

2.

Declarations of Pecuniary Interest

Councillor O'Meara declared a pecuniary interest with respect to Item 6.2 - Public Meeting Report, Official Plan Amendment, Zoning By-law Amendment and Plan of Subdivision, Oakville Argus Cross LP., File Numbers OPA 1614.78, ZBA 1614.78, and 24T-22005/1614 - 217 and 227 Cross Avenue and 571, 581 and 587-595 Argus Road, and Item 6.3 - Public Meeting Report, Official Plan Amendment, Zoning By-law Amendment and Plan of Subdivision, 166 South Service Road Inc., File Numbers OPA.1614.79, ZBA 1614.79, and 24T-22006/1614 – 166 South Service Road, as his spouse is employed at an adjacent property that may be impacted by the subject proposals.

 

3.

Committee of the Whole

• Moved by Councillor Elgar
  Seconded by Councillor Longo

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

  CARRIED

4.

Consent Item(s)

There were no consent items.

 

5.

Confidential Consent Item(s)

5.1

Confidential – OLT Hearing – Delmanor West Oak Inc. (OLT-22-003970), 1280 Dundas Street (February 7, 2023)

• Moved by Councillor Longo

  That staff be authorized to proceed in appeals filed by Delmanor West Oak Inc. in OLT 22-003970, in accordance with the report from the Legal Department dated January 31, 2023.

  CARRIED

6.

Public Hearing Item(s)

6.1

Public Meeting Report, Official Plan Amendment and Zoning By-law Amendment, Bara Group (River Oak) Inc., File Numbers OPA1415.14 and Z.1415.14 - 2163 and 2169 Sixth Line

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

• Pierre Sauvageot opposed to the proposed amendments as outlined in his presentation filed.
• Gary Bruce opposed to the proposed amendments, concerns re: timing of the transportation impact study, parking spaces, electric vehicle charger access, traffic issues, and access to 6th Line.
• Amgad Hakim, President, River Oaks Association of Residents (ROAR), concerns re: timing of traffic study, number of storeys, parking, impact of the construction phase on the retirement home and tenants, safety and security of local residents, convenient access to commercial plaza, loss of access to current medical uses, parking for staff, aerial view of the building, and lack of support from local residents.
• John Thompsett read a letter, concerns re:  access to necessities, traffic issues, seniors in the building, lack of parking will not accommodate families with more than one car, number of storeys, and people who have worked hard to retire in the area.
• Prakash Vyas, agreed with previous comments made, concerns re:  changes to the ambiance and character of the neighborhood, most neighbours are opposed to development, and preserving the neighborhood.
• Jennifer Burrell, concerns re:  traffic, driveway access, preserving the trail, nesting cranes and migratory birds, impact of the proposed development, and keeping a friendly community.
• Julia Kelly, concerns re:  number of storeys, driveway access, traffic impact during construction, timing of the traffic study and safety, building, impact on environment and deer, and ravine is a trail for wildlife.
• Padma Sastri, opposed to the proposed application, concerns re:  the original proposal was 6 storeys, many families have two cars and lack of parking, feedback on building from public meeting in 2019, traffic, commercial plaza uses, and carsharing.
• Nick Markettos, former President, River Oaks Association of Residents (ROAR), advising of the work that has taken place the last 40 years in the area, and residents don't want change.
• Bill Donald, concerns re:  there is nowhere for children to play and access to parks, and schools with many portables.
• Sharon McGregor, concerns re:  impact on traffic and congestion, trucks, driveway access, turning at a busy corner, schools, and children.
• Maureen Rende, concerns re:  roads and the logistics of everything, timing of construction and disruption, noise, and building height.

• Moved by Councillor Knoll
  1. That the public meeting report prepared by the Planning Services Department dated January 24, 2023, be received.
  2. That comments from the public with respect to the proposed Official Plan Amendment and Zoning By-law Amendment submitted by Bara Group (River Oak) Inc. (File No.: OPA1415.14 and Z.1415.14) be received.
  3. That analysis of the following matters of interest to Council be included as part of the recommendation report:

  1. 1. conduct further evaluations on the Transportation Impact Study (TIS) including traffic volumes, parking, and transit use.
     2. access to playgrounds to parks.
     3. disruption during construction.
     4. commercial parking.
     5. electric vehicle (EV) charger access.
  CARRIED
• RECESS

  The meeting recessed at 8:59 p.m. and reconvened at 9:11 p.m.

   

  
  

6.2

Public Meeting Report, Official Plan Amendment, Zoning By-law Amendment and Plan of Subdivision, Oakville Argus Cross LP., File Numbers OPA 1614.78, ZBA 1614.78, and 24T-22005/1614 - 217 and 227 Cross Avenue and 571, 581 and 587-595 Argus Road

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

• Carolyn McMinn, President, Trafalgar Chartwell Residents' Association (TCRA), in support of a vibrant community in town and developing Midtown, and concerns re:  the proposed development as outlined in her presentation and submission filed.
• David Mallen, Director, Chartwell Maple Grove Residents Association (CMGRA), in support of the presentation that was made by Carolyn McMinn, President, Trafalgar Chartwell Residents' Association (TCRA), and redevelopment in Midtown, and concerns re:  the proposed development as outlined in his submission filed.

 

BEYOND THE HOUR

Moved by Councillor Gittings

That this meeting proceed beyond the hour of 10:30 p.m.

CARRIED

 

• Anya Dunning, President and George Niblock, Member, Oakville Lakeside Residents Association (OLRA), in support of  development and growth, and acknowledges the presentation that was made by Carolyn McMinn, President, Trafalgar Chartwell Residents' Association (TCRA), and redevelopment in Midtown, and concerns re:  achieving the goal for Midtown, adhering to height restrictions, disjointed height of tall towers, infrastructure, traffic, and greenspace.
• Stephen Waque, on behalf of Oakville Lake Park Dealership, concerns re:  the effect of the proposed development on the operation of the dealership as outlined in his submission filed.
• Jonathan Sprawson,  concerns re:  design, the number of changes to the plan, housing supply, density, type of units, number of people, number of storeys, effect of the development on community to the north, layout of land, community, play areas, and parks.
• Pierre Sauvageot, concerns re:  density, and number of storeys.

• Moved by Councillor McNeice
  1. That the public meeting report prepared by the Planning Services Department dated January 24, 2023, be received.
  2. That comments from the public with respect to the proposed Official Plan Amendment, Zoning By-law Amendment and Plan of Subdivision applications submitted by Oakville Argus Cross LP. (File No.: OPA 1614.78, ZBA 1614.78, and 24T-22005/1614), be received.
  3. That analysis of the following matters of interest to Council be included as part of the recommendation report:

  1. 1. review the need for a Wind Impact Study.
     2. evaluate the inclusion of affordable housing into the proposal.
     3. report back on the advancement of the inclusionary zoning as part of the Midtown OPA work.
     4. investigate options for cash-in-lieu of parkland and explore the options to expand/improve the parks within the area.
     5. provide an overview of the size/type of units – residential and non-residential.
     6. provide a block plan including the broader context.
     7. determine if the applicant addresses livability and community in Midtown as part of the application.
     8. what is the approved number of residential units in Oakville, including those under review and is the municipality meeting the provincial mandates?
     9. evaluate whether the proposed buildings are designed internally to adequately move people.
     10. what community amenities are proposed as part of the development?
     11. review the proposal against the Liberty Village example including floor space index (FSI).
     12. explore the feasibility of a design review panel.
     13. expand on the climate change initiatives, such as ride share, electric vehicle (EV) charging stations, active transportation, district energy or geothermal, and the applicant’s willingness to build above the Ontario Building Code (OBC) for energy efficiencies.
     14. does the proposal provide sufficient tree canopy?
     15. explore the possibility of conveying the privately-owned publicly accessible spaces (POPS) to the Town as a public park.
  CARRIED
• (Councillor O'Meara having declared a pecuniary interest on this item, did not vote.)

   

  
  

6.3

Public Meeting Report, Official Plan Amendment, Zoning By-law Amendment and Plan of Subdivision, 166 South Service Road Inc., File Numbers OPA.1614.79, ZBA 1614.79, and 24T-22006/1614 – 166 South Service Road

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

• Carolyn McMinn, President, Trafalgar Chartwell Residents' Association (TCRA), advising that her presentation was similar to Item 6.2, including concerns re:  size of units, schooling, noise, and green space, they look forward to development, as outlined in her  submission filed.
• Anya Dunning, President, Oakville Lakeside Residents Association (OLRA), advising that she had the same comments as noted for Item 6.2.
• Eldon Theodore, MHBC, on behalf of Centre City Capital Limited, owner of Trafalgar Village Shopping Centre that abuts this property to the west, concerns re:  proposed separation distances, protecting properties for development potential, location of access points, block frontage, redevelopment, emerging framework and connectivity, block context plan, parkland, privately owned public spaces, and loading docks.
• Jonathan Sprawson, concerns re:  access to bicycles, floor space index, and parkland.
• Jane Huddleston, Vice President, Trafalgar Chartwell Residents' Association (TCRA), requesting that all three sites be looked at together, and concerns re:  density, and height.

• Moved by Councillor Haslett-Theall
  1. That the public meeting report prepared by the Planning Services Department January 24, 2023, be received.
  2. That comments from the public with respect to the proposed Official Plan Amendment, Zoning By-law Amendment and Plan of Subdivision applications submitted by 166 South Service Road Inc., (File No.: OPA.1614.79, ZBA 1614.79, and 24T-22006/1614), be received.
  3. That analysis of the following matters of interest to Council be included as part of the recommendation report:

  1. 1. review the need for a Wind Impact Study.
     2. evaluate the inclusion of affordable housing into the proposal.
     3. report back on the advancement of the inclusionary zoning as part of the Midtown OPA work.
     4. investigate options for cash-in-lieu of parkland and explore the options to expand/improve the parks within the area.
     5. provide an overview of the size/type of units – residential and non-residential.
     6. provide a block plan including the broader context.
     7. determine if the applicant addresses livability and community in Midtown as part of the application.
     8. what is the approved number of residential units in Oakville, including those under review and is the municipality meeting the provincial mandates?
     9. evaluate whether the proposed buildings are designed internally to adequately move people, including easy access to bicycles parking.
     10. ensure community amenities are a component of midtown.
     11. what community amenities are proposed as part of the development?
     12. review the proposal against the Liberty Village example including floor space index (FSI).
     13. explore the feasibility of a design review panel.
     14. identify what natural areas can be provided
     15. expand on the climate change initiatives, such as ride share, electric vehicle (EV )charging stations, active transportation, district energy or geothermal, and the applicant’s willingness to build above the Ontario Building Code (OBC) for energy efficiencies.
     16. does the proposal provide sufficient tree canopy?
     17. explore the possibility of conveying the privately-owned publicly accessible spaces (POPS) to the Town as a public park.
     18. review noise mitigation for outdoor amenity space.
     19. contact Oakville Fire to determine if the proposal causes any concerns from a Fire safety perspective.
     20. contact HRPS to determine if there are any additional security prevention measures required.
  CARRIED
• (Councillor O'Meara having declared a pecuniary interest on this item, did not vote.)

   

  
  

7.

Discussion Item(s)

7.1

2023-02-07 - Notice of Intention to Demolish - 2165 Dundas Street West

• Moved by Councillor Gittings
  1. That the owner of 2165 Dundas Street West enter into a Heritage Easement Agreement(s) with the town to salvage and store materials from the Smith Carrique barn to be used in new commemorative features within the site, in conformity with this report and 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 Commemoration Plan, as described in Section 7 of the Heritage Impact Assessment, will form the general basis for the future commemoration to be determined in its final form through upcoming planning applications; and
  3. That the Heritage Easement Agreement(s) be executed prior to the issuance of a building permit for demolition of 2165 Dundas Street West or from its removal from the Oakville Register of Properties of Cultural Heritage Value or Interest.

  CARRIED

8.

Confidential Discussion Item(s)

There were no confidential discussion items.

 

9.

Advisory Committee Minutes

9.1

Heritage Oakville Advisory Committee Minutes - January 31, 2023

• Moved by Councillor Gittings

  That the following recommendation pertaining to Item 4.1 of the Heritage Oakville Advisory Committee minutes from its meeting on January 31, 2023, be approved and the remainder of the minutes be received:

  4.1    Heritage permit application HP063/22-42.20S 304 Sumner Avenue – Demolition of existing garage and construction of new rear additions

  1. That Heritage Permit Application HP063/22-42.20S for the demolition of the existing detached garage and the construction of new rear additions to the existing house at 304 Sumner Avenue, as attached in Appendix B to the report dated January 17, 2023 from Planning Services, be approved subject to the following:

  1. 1. That the east and west elevation drawings dated May 19, 2022 be replaced with the east and west elevation drawings dated January 6, 2023, on file with the Planning Services Department;
     2. That final details on the cladding, roofing, windows and doors be submitted to Heritage Planning staff for final approval;
     3. That where any windows are to be removed, every effort be made to restore the wall with salvaged historic brick with mortar colour to match the existing wall.
  2. That this heritage permit expire two years from the date of final approval by Council.
  CARRIED

10.

Rise and Report

• Moved by Councillor Elgar

  That this committee rise and report.

  CARRIED
• The Acting Mayor arose and reported that the Committee of the Whole has met and has made recommendations on Confidential Consent Item 5.1; Public Hearing Items 6.1, 6.2, and 6.3; Discussion Item 7.1; and Advisory Committee Minutes Item 9.1, as noted by the Clerk.

   

   

   

  
  
• Moved by Councillor Knoll
  Seconded by Councillor Grant

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

  CARRIED

11.

Consideration and Reading of By-Laws

11.1

By-law 2023-016

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

• Moved by Councillor Nanda
  Seconded by Councillor Knoll

  That the by-law noted above be passed.

  CARRIED

12.

Adjournment

The Acting Mayor adjourned the meeting at 11:32 p.m.