Town of Oakville

Planning and Development Council

MINUTES

Meeting #:

Date:

Tuesday, May 21, 2024

Time:

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

Location:

Council Chamber

Mayor and Council:

• Mayor Burton
• Councillor Adams
• 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

Staff:

• J. Clohecy, Chief Administrative Officer
• N. Garbe, Commissioner of Community Development
• P. Fu, Commissioner of Community Infrastructure
• P. Damaso, Commissioner of Community Services
• D. Carr, Town Solicitor
• G. Charles, Director of Planning Services
• N. Chandra, Assistant Town Solicitor
• J. Huctwith, Assistant Town Solicitor
• P. Barrette, Manager of Planning Services, West District
• K. Biggar, Manager of Policy Planning and Heritage
• L. Musson, Manager of Planning Services, East District
• K. Cockburn, Senior Planner
• B. Sunderland, Senior Planner
• R. Thun, Senior Planner
• C. Buckerfield, Senior Planner
• B. O'Hare, Planner
• M. Riaz, Planner
• A. Holland, Acting Town Clerk
• J. Warren, Council and Committee Coordinator
• J. Radomirovic, Council and Committee Coordinator

The Town of Oakville Council met in regular session to consider planning matters on this 21st day of Month, 2024 in the Council Chamber of the Oakville Municipal Building, 1225 Trafalgar Road, commencing at 6:30 p.m.

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1.

Regrets

There were no regrets.

2.

Declarations of Pecuniary Interest

No declarations of pecuniary interest were declared.

3.

Committee of the Whole

• Moved by Councillor McNeice
  Seconded by Councillor Lishchyna

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

  CARRIED

4.

Consent Items(s)

4.1

Notice of intention to designate – 115 Third Line – May 21, 2024

• Moved by Councillor Haslett-Theall

  That a notice of intention to designate be issued under section 29, Part IV of the Ontario Heritage Act for the Heeks Family Farmhouse at 115 Third Line.

  CARRIED

4.2

Notice of intention to designate – 129 Tavistock Square – May 21, 2024

• Moved by Councillor Haslett-Theall

  That a notice of intention to designate be issued under section 29, Part IV of the Ontario Heritage Act for Fairmount at 129 Tavistock Square.

  CARRIED

4.3

Old Oakville Heritage Conservation District Process Update

• Moved by Councillor Haslett-Theall

  That the “Next Steps” in the report ‘Old Oakville Heritage Conservation District Process Update’ by the Planning Services department dated May 14, 2024, be endorsed in accordance with s.41.1 ( 7 ) of the Ontario Heritage Act.

  CARRIED

5.

Confidential Consent Item(s)

There were no confidential consent items.

6.

Public Hearing Item(s)

6.1

Public Meeting Report, Draft Plan of Subdivision and Zoning By-law Amendment, Spruce Rose Inc., File Nos.: 24T-24003/1613, Z.1613.66

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

Adrian Chee, presented on behalf of the applicant.

Jeremy Hammond, opposed to the proposal, doesn't believe it fits with the town zoning policies, suggests the development doesn't fit within the character of the neighbourhood.

Dan Meskell, opposed to the proposal, concerns regarding the traffic surrounding school bus pick ups and bus stops, suggested the design of the homes minimize the quality of the heritage district.

Sue Chalykoff, opposed to the proposal, concerned about the changes proposed to the zoning regulations, as well as the narrow set backs, overcrowding of properties, building heights, snow removal.  Suggested five lots may be more appropriate than seven.

Cody Cornale, opposed to the proposal, concerned about road safety with extra driveway since the area has high pedestrian traffic with a lot of kids.  Suggested the proposal is not within character of neighbourhood

Jim Lawson, opposed to the proposal, suggested the development proposal doesn't consider the character of the neighbourhood, and filed a submission.

Claire Merry, on behalf of the Trafalgar Chartwell Residents Association, supports that the development is single dwelling, agrees with all the other speakers and suggests that the proposal is not appropriate zoning compared to the rest of the neighbourhood.  Concerns about consistency with the Livable Oakville Plan, the character of the heritage neighbourhood, traffic and kids who take the bus.  Suggested a single car driveway or more scaled down version may be more appropriate. 

• Moved by Councillor Gittings
  1. That the comments from the public with respect to the proposed Zoning By-law Amendment and Draft Plan of Subdivision submitted by Spruce Rose Inc. (File Nos.: Z.1613.66 and 24T-24003/1613), be received.
  2. That the analysis of the following matters of interest to Council be included as part of the recommendation report:

  1. 1. Compatibility with the neighbourhood lotting pattern.
     2. Compatibility with neighbourhood character.
     3. Appropriateness of the proposed RL5 Zone given the surrounding RL3-0 SP10 zoning context.
     4. Review opportunities to maximize tree preservation.
     5. Maintenance of Heritage character.
     6. Review the density/number of lots.
     7. Urban Design issues related to built form, scale and massing including architectural materials.
     8. Traffic concerns including:
        1. Turning radius due to wide driveways.
        2. Sight lines.
        3. Driveway separation distances.
        4. Pedestrian/vehicular safety.
        5. Location of driveways as it relates to transit stops and school bus pick-up/drop-off points.
        6. Need for a more comprehensive traffic study.
     9. Snow removal/storage.
  CARRIED

6.2

Public Meeting Report, ZBA, ASC (Oakville) Facility Limited Partnership, Z.1327.03

Len Radomski, presented on behalf of the applicant.

• Moved by Councillor Nanda
  1. That comments from the public with respect to the proposed ZBA submitted by ASC (Oakville) Facility Limited Partnership (File No.: Z.1327.03), be received.
  2. That analysis of the following matters of interest be included as part of the recommendation report:
     1. 1. Policy context and timeline that allows for residential units now and why they were not permitted when the building was initially approved.
        2. Consider whether there should be a cap of 33 dwelling units or allow for dwelling units in general.
  CARRIED

6.3

Public Meeting Report - Official Plan Amendment, Zoning By-law Amendment and Plan of Subdivision, Cross Realty Incorporated (Distrikt Developments), File Numbers OPA.1614.83, Z.1614.83, and 24T-24002/1614

David Charenzenko, presented on behalf of the applicant.

Terry Branch, on behalf of Oakville Community Association, not in support of the proposal, concerned about the revenues from this development and the reduction of natural light and shadows.

Claire Merry, on behalf of the Trafalgar Chartwell Residents Association, not in support of that proposal, concerns about the floorplans and layout of the units, suggested there should be 4 bedroom options.  Suggested the property line setbacks are to small, that the towers are too tall and dense and that there is not enough greenspace.

Pierre Sauvageot, not in support for the proposal, suggested that the development is too dense, and that 20 stories is more compatible with Oakville, suggested the town should tell the developer how much of the development is required to be affordable housing, and would like to see how many people and jobs are required to be allotted for this area.

• Moved by Councillor Knoll
  1. That comments from the public with respect to the proposed Official Plan Amendment, Zoning By-law Amendment and Plan of Subdivision applications submitted by Cross Realty Incorporated (Distrikt Developments), (File Nos.: OPA.1614.83, Z.1614.83, and 24T-24002/1614), be received.
  2. That analysis of the following matters of interest be included as part of the recommendation report:
     1. 1. The difference between traditional park space and urban park space.
        2. Review of materials and surface treatment for POPS areas.
        3. Distribution of residential unit types (including considerations have been made toward family-sized units).
        4. Review the proportion and quality of POPs/Park space with the residential density.
        5. Legality and longevity of POPS in municipal ownership.
        6. Parking ratio minimums and ownership structure.
        7. Affordable housing provisions.
        8. Review of the opportunities, size and proportion of retail/commercial space.
        9. Consideration for community benefits.
        10. What community services and schools are contemplated.
        11. Building siting.
  CARRIED

6.4

Public Meeting Report, Official Plan Amendment/Zoning Bylaw Amendment/Draft Plan of Subdivision, Argo Neyagawa Corporation, 505 Burnhamthorpe Road West, File: OPA1220.02, Z.1220.02, 24T-24001/1220

Constance Ratelle, presented on behalf of the applicant. 

• Moved by Councillor Xie
  1. That comments from the public with respect to the proposed Official Plan Amendment, Zoning Bylaw Amendment and Draft Plan of Subdivision application submitted by Argo Neyagawa Corporation, File: OPA1220.02, Z.1220.02 and 24T-24001/1220, be received.
  2. That analysis of the following matters of interest be included as part of the recommendation report:
     1. 1. Employment areas and uses in the vicinity of the NUC area.
        2. Employment truck traffic through residential areas.
        3. Will the proposed townhouse have basements and what is the garage sizes?
  CARRIED

6.5

Public Meeting and Recommendation Report – Town-initiated Official Plan Amendments – Delegation of Authority for Minor Zoning Amendments (File No. 42.15.64)

• Moved by Councillor Adams
  1. That comments from the public with respect to the town-initiated Official Plan Amendments (File No. 42.15.64), be received.

      

  2. That the proposed town-initiated Official Plan Amendments regarding delegation of authority of minor zoning by-law amendments, be approved.

      

  3. That By-law 2024-057, a by-law to adopt OPA 67 to the Livable Oakville Plan, be passed.

      

  4. That By-law 2024-058, a by-law to adopt OPA 331 to the 1984 Oakville Official Plan, be passed.

      

  5. That notice of Council’s decision reflect that Council has fully considered all written and oral submissions relating to this matter and that those comments have been appropriately addressed.

      

  6. That By-law 2024-084, a by-law to amend By-law 2023-021, the Municipal Powers and Duties By-law, be passed.

      

  7. That fees for applications for minor zoning by-law amendments be established based on the fees applicable to minor variance applications under the town’s Rates and Fees tariff.

      

  8. That the public receive two weeks notice.
  CARRIED

7.

Discussion Item(s)

There were no discussion items.

8.

Confidential Discussion Item(s)

8.1

Midtown Oakville Appeals and Legal Considerations

• Moved by Councillor Elgar

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

  CARRIED
• RECESS

  The meeting recessed from 9:37 p.m., and resumed in closed session at 9:51 p.m.
• Moved by Councillor Gittings

  That Council resolve into a closed meeting session for the purpose of litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and advice that is subject to solicitor-client privilege, including communications necessary for that purpose, with respect to Item 8.1 - Midtown Oakville Appeals and Legal Considerations.

  CARRIED
• Council resolved back into open session at 11:15 p.m.    
• Moved by Councillor Longo
  1. That the report from the Legal Department dated May 15, 2024 be received.
  2. That the Solicitor be authorized to proceed in accordance with direction provided by Council in closed session. 
  3. That the notice provision in sections 5.5 (4) and 8 (3) of the Procedural By-law 2020-011 be waived to permit the Town Clerk to schedule a Special Council meeting should tight timelines require quick decisions on this matter.
  CARRIED

9.

Advisory Committee Minutes

There were no advisory committee minutes.

10.

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 4.1, 4.2, 4.3, Public Hearing Items 6.1, 6.2, 6.3, 6.4, 6.5 and Confidential Discussion Item 8.1.
• Moved by Councillor Elgar
  Seconded by Councillor Xie

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

  CARRIED

11.

New Business

There was no new business.

12.

Consideration and Reading of By-laws

12.1

By-law 2024-057

A by-law to adopt an amendment to the Livable Oakville Plan in response to Housing Accelerator Fund Initiatives, Delegation of Minor Zoning By-law Amendments, Official Plan Amendment Number 67 (File No. 42.15.64) (re: Item 6.5)

12.2

By-law 2024-058

A by-law to adopt an amendment to the 1984 Oakville Official Plan in response to Housing Accelerator Fund Initiatives, Delegation of Minor Zoning By-law Amendments, Official Plan Amendment Number 331 (File No. 42.15.64) (re: Item 6.5)

12.3

By-law 2024-080

A by-law to designate the Graham House at 115 Morrison Road as a property of cultural heritage value or interest.

12.4

By-law 2024-081

A by-law to designate Cedar Lodge at 149 Dunn Street as a property of cultural heritage value or interest.

12.5

By-law 2024-084

A By-law to amend By-law 2023-021, the Municipal Powers and Duties By-law. (re: Item 6.5)

12.6

By-law 2024-089

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

• Moved by Councillor McNeice
  Seconded by Councillor Grant

  That the by-laws noted above be passed.

  CARRIED

13.

Adjournment

The Mayor adjourned the meeting at 11:18 p.m.