Meeting - Regular Session

ELEVENTH Meeting - Regular Session

 

The Town of Oakville Council met in regular session to consider planning matters on this 16th day of May, 2016 in the Council Chamber of the Oakville Municipal Building, 1225 Trafalgar Road, Oakville, commencing at 7:00 p.m.

 

Present:   Mayor                   -     Rob Burton

 

                  Councillors         -     Tom Adams

                                                -     Ray Chisholm

                                                -     Cathy Duddeck

                                                -     Allan Elgar

                                                -     Dave Gittings

                                                -     Marc Grant

                                                -     Nick Hutchins

                                                -     Jeff Knoll

                                                -     Roger Lapworth

                                                -     Natalia Lishchyna

                                                -     Sean O’Meara

                                                -     Ralph Robinson (Left at 8:20 p.m.)

 

                  Staff                      -     R. Green, Chief Administrative Officer

                                                -     J. Clohecy, Commissioner of Community Development

                                                -     D. Carr, Town Solicitor

                                                -     D. Lambert, Director of Development Engineering

                                                -     M. Simeoni, Director of Planning Services

                                                -     C. Mark, Director of Parks and Open Space

                                                -     D. St. George, Director of Economic Development

                                                -     J. Huctwith, Assistant Town Solicitor

-     D. Brennan, Chief of Staff, Office of Mayor and Council

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

-     C. Tizzard, Manager of Urban Design

-     R. Thun, Senior Planner, Current Planning – West District

-     M. Dalrymple, Planner, Current Planning – West District

-     S. Schappert, Heritage Planner

-     A. Newton, Senior Economic Development Officer

-     K. Patrick, Acting Town Clerk

-     L. Morgan, Council and Committee Coordinator

 

 

Declarations of Pecuniary Interest

 

Councillor Adams declared a non-pecuniary interest with respect to Confidential Item C‑1, Update re OPA 4 and By-law 2014-014, as his brother is employed by one of the companies named in the report.

 

Committee of the Whole

 

Moved by Councillor Adams              Seconded by Councillor Hutchins

 

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

 

                                                                                                               CARRIED

 

 

AGENDA ITEM(S)

 

In accordance with Section 3.2(1) of the Procedure By-law, the items were considered out of order.

 

1.

Assumption of Subdivisions - Maroak Plan 20M-720 and Shelter Oak Plan 20M-723 - By-laws 2016-055 and 2016-056

 

 

-           Report from Development Engineering Department, April 12, 2016

 

 

Moved by Councillor Lapworth

 

1.

That the assumption of Registered Plan 20M-720 and 20M-723 be approved;

 

2.

That By-law 2016-055, a by-law to assume public works and streets within Plan 20M-720, be approved; and

 

3.

That By-law 2016-056, a by-law to assume public works and streets within Plan 20M-723, be approved.

 

                                                                                                               CARRIED

 

 

C-1.

Update re OPA 4 and By-law 2014-014

 

 

-           Confidential Report from Legal Department,

April 14, 2016

 

 

Moved by Councillor Lapworth

 

That the Town Solicitor be instructed as set out in the confidential legal report dated April 14, 2016.

 

                                                                                                               CARRIED

 

3.

Recommendation Meeting Report, Zoning By-law Amendment, Fernbrook Homes (Dorval) Ltd., Lots 33 - 38 (Tudor Avenue) and 44 - 48 (Military Way), Plan 20M-1130, File No. Z.1617.44, By-law 2016-049

 

-           Report from Planning Services Department,

April 25, 2016

 

 

Moved by Councillor Duddeck

 

1.

That, in accordance with Section 34(17) of the Planning Act, no further notice is determined to be necessary;

 

2.

That Zoning By-law Amendment application by Fernbrook Homes (Dorval) Ltd., (File Z.1617.44), be approved; and

 

3.

That By-law 2016-049 be passed.

 

                                                                                                               CARRIED

 

 

2.

Public Meeting and Recommendation Report, Official Plan Amendment and Zoning By-law Amendment, Symgine (Lake East) Inc., File Z.1728.61, 2266 Lakeshore Road West and 83 East Street

 

 

-           Report from Planning Services Department,

April 25, 2016

 

 

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

-     Edward (Ted) Walker, re:  concerns with respect to the safety of seniors in the area as any construction on the subject site would necessitate closure of the sidewalks to pedestrians on Lakeshore Road and East Street for some time, and expressing support for the denial of the application.

 

-     Catherine Ann Marshall, Independent Real Estate Consultant, re:  concerns with respect to the proposed development not being in keeping with the ‘village’ culture of Bronte, the scale of the building on this strategic site impacting the Lakeshore vista, traffic congestion issues on Lakeshore Road and East Street, as well as increased traffic on Belyea Street, increased density in the area, and expressing support for the denial of the application.

 

 

 

 

-     Gladys Pluis, re:  concerns with respect to 10 foot ceilings (versus 8 foot ceiling) in condos increasing the number of storeys of the building, increased traffic congestions due to delivery trucks, maintenance and servicing trucks, commercial and visitor traffic, safety of seniors walking in the area, suggesting that the developer lower the ceiling height, enlarge the size of the units thereby reducing the number of units in the building, allow one floor of commercial space instead of two, reduce the levels of underground parking and number of storeys, and expressing support for the denial of the application.

 

-     Shelley Thornborrow, Vice President, Bronte Village Residents Association (BVRA), re:  concerns with respect to over intensification of the site, high traffic volume, lack of setback, safety and wellbeing of seniors in the area, shadowing effect on adjacent properties, noting that BVRA supports development with design, built form, setback and height that does not impair public safety but rather compliments the culture and charm of Bronte Village, expressing support for denial of the application, encouraging the applicant to work with the town and community toward consensus for responsible and befitting development, and suggesting that a designation of ‘Main Street 1’ would be appropriate.  

 

-     Carol Todd-Skuce, re:  concerns with respect to the possibility of allowing an 8‑storey building on the site, suggesting instead a maximum height of 4‑storeys, and expressing support for the denial of the application.

 

-     Allan Young, President, A. Young Planner Limited, on behalf of the applicant, speaking in favour of the proposed development indicating that it satisfies many objectives with respect to the revitalization of Bronte as it would achieve intensification, create sidewalk-oriented shopping and commercial facilities, and that, in his opinion, this gateway site was suitable for more intensification and greater building height than the Official Plan permits, and requesting more time to respond to comments.    

 

The following communications regarding this item were distributed at the meeting:

(May 16, 2016) Allan Young, A. Young Planner Ltd.

(May 16, 2016) Board of Directors, Bronte BIA

(May 16, 2016) Linda Brox

(May 16, 2016) Catherine Ann Marshall

(May 16, 2016) Mike Minino

(May 15, 2016) Anne Klar

(May 9, 2016) Barb Heal

(May 8, 2016) John Lui

(May 6, 2016) Karen and Thomas Johannsen

(May 6, 2016) Edward (Ted) Walker

 

Moved by Councillor O’Meara

 

That the Official Plan Amendment and Zoning By-law Amendment applications by Symgine (Lake East) Inc., for 2266 Lakeshore Road West and 83 East Street (File Z.1728.61), be denied.

 

                                                                                       CARRIED on a recorded vote,

                                                                                       Council voting as follows:

Recorded Vote

 

Yeas                                     Nays

Councillor Lishchyna

Councillor Adams

Councillor Grant

Councillor Knoll

Councillor Lapworth

Councillor Elgar

Mayor Burton

Councillor Hutchins

Councillor Gittings

Councillor Chisholm

Councillor Duddeck

Councillor Robinson

Councillor O’Meara

 

 

The meeting recessed at 8:20 p.m. and reconvened at 8:23 p.m.

 

 

4.

Heritage Grant Program 2016

 

 

-           Report from Planning Services Department,

April 26, 2016

 

 

Moved by Councillor Duddeck

 

1.

That the 2016 funding allotment as attached in ‘Appendix A - Recommended Grant Projects and Maximum Approved Amounts’ to the report titled Heritage Grant Program 2016, dated April 26, 2016, from the Planning Services department, be approved;

 

2.

That staff report to the Budget Committee on the options and implications of an ongoing Heritage Grant program, and possible additional financial incentives; and

 

3.

That staff report to the Budget Committee on the value and/or amount of work on heritage properties before and after the introduction of the Heritage Grant Program, and the amount of work that would have been undertaken without a grant.

 

                                                                                                               CARRIED

 

 

5.

Economic Development Strategy Progress Report

 

 

-           Report from Economic Development Department,

April 8, 2016

 

 

Moved by Councillor O’Meara

 

That the staff report from the Economic Development department entitled Economic Development Strategy Progress Report, dated April 8, 2016, be received.

 

                                                                                                               CARRIED

 

 

6.

Proposed HDSB High School - Neyagawa Blvd. and Dundas Street West

 

 

-           Report from Community Development Commission, Community Services Commission, Corporate Services Commission, April 29, 2016

 

 

Moved by Councillor Knoll

 

1.    That Town staff be authorized to enter into negotiations with the Halton District School Board with respect to the disposition of approximately 2.4 ha of North Park lands to the School Board; and

 

2.    That the Halton District School Board be requested to finalize the preferred option for the design of the proposed secondary school, so as to release the landowners at the north-west corner of Dundas Street West and Neyagawa Boulevard from any obligation to convey lands to the School Board, and that town staff work cooperatively with the School Board to assist in the finalization of the preferred option, and that a report be brought back to Council before or at the time of a recommendation relating to the final disposition of land as contemplated in this resolution.

 

                                                                                                               CARRIED

 

 

7.

Livable Oakville (Official Plan Review) Council Sub-committee (April 18, 2016)

 

 

Moved by Councillor O’Meara

 

That the minutes of the Livable Oakville (Official Plan Review) Council

Sub-committee meeting of April 18, 2016, be received.

 

                                                                                                               CARRIED

 

 

8.

Heritage Oakville Advisory Committee (April 26, 2016)

 

 

Moved by Councillor Hutchins

 

That the minutes of the Heritage Oakville Advisory Committee meeting of

April 26, 2016, be received.

 

                                                                                                               CARRIED

 

 

BEYOND THE HOUR

 

Moved by Councillor Lishchyna

 

That this meeting proceed past the hour of 10:00 p.m., but no later than 10:30 p.m.

 

                                                                                                 CARRIED

 

 

CLOSED SESSION

 

Moved by Councillor Lapworth

 

That this Committee resolved 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 for receiving advice that is subject to solicitor-client privilege, including communications necessary for that purpose, with respect to Item C-2, OMB Verbal Update.

 

                                                                                                               CARRIED

 

 

Committee resolved into closed session at 9:45 p.m.

 

While in closed session, Committee waived the rules of procedure to permit the meeting to proceed beyond the hour of 10:30 p.m.

 

Committee resolved back into open session at 11:55 p.m.

 

 

C-2.

OMB Verbal Update

 

 

-           Confidential Verbal Update from Legal Department

 

 

Direction was provided to staff and legal counsel in closed session.

 

 

RISE AND REPORT TO COUNCIL

 

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 made recommendations on Consent Item 1, Confidential Consent Item C-1, Public Hearing Item 2, Discussion Items 3, 4, 5 and 6, Confidential Discussion Item C-2 and Advisory Committee Minutes Items 7 and 8, as noted by the Clerk.

 

 

Moved by Councillor Knoll                 Seconded by Councillor O’Meara

 

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

 

                                                                                                               CARRIED

 

 

CONSIDERATION AND READING OF BY-LAWS

 

Moved by Councillor Knoll                 Seconded by Councillor Adams

 

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

 

2016-028

A by-law to declare that certain land is not subject to part lot control (Part of Block 64, Plan 20M-1130 – Fernbrook Homes (Dorval) Limited).

 

2016-046

A by-law to declare that certain land is not subject to part lot control – (Part of Block 115, Plan 20M-1086, Fox Farm Developments Inc.).

 

2016-048

A by-law to declare that certain land is not subject to part lot control – (Part of Block 1, Plan 20M-1103 – Pineberry Estates Inc.).

 

2016-049

A by-law to amend the Town of Oakville Zoning By-law 2014-014 to permit the use of lands described as Part of Lot 17, Concession 3 S.D.S. (Fernbrook Homes (Dorval) Limited, File No.: Z.1617.44).  (Re: Item 3)

 

2016-054

A by-law to designate the Kaitting House Parkette at 257 Ellen Davidson Drive as a property of historical, architectural and contextual significance.

 

2016-055

A by-law to assume Registered Plan 20M-720.  (Re:  Item 1)

 

2016-056

A by-law to assume Registered Plan 20M-723.  (Re:  Item 1)

 

2016-062

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

 

                                                                                                               CARRIED

 

 

ADJOURNMENT

 

 

The Mayor adjourned the meeting at 11:57 p.m.

 

 

 

 

 

 

                                                                                    ________________________________

                                                                                                        KATHY PATRICK

                                                                                                   ACTING TOWN CLERK

 

 

 

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