Meeting - Regular Session

SIXTEENTH Meeting - Regular Session

 

The Town of Oakville Council met in regular session to consider planning matters on this 25th day of July, 2016 in the Council Chamber of the Oakville Municipal Building, 1225 Trafalgar Road, Oakville, commencing at 4:00 p.m.

 

Present:   Mayor                   -     Rob Burton

 

                  Councillors         -     Tom Adams

                                                -     Ray Chisholm

                                                -     Cathy Duddeck

                                                -     Allan Elgar

                                                -     Dave Gittings

                                                -     Marc Grant (Arrived at 4:10 p.m.)

                                                -     Nick Hutchins

                                                -     Jeff Knoll

                                                -     Roger Lapworth

                                                -     Natalia Lishchyna

                                                -     Sean O’Meara

                                                -     Ralph Robinson

 

Staff                                        -     R. Green, Chief Administrative Officer

                                                -     J. Clohecy, Commissioner of Community Development

                                                -     M. Simeoni, Director of Planning Services

                                                -     J. Tutert, Director of Building Services

                                                -     D. Cozzi, Director of Engineering and Construction

                                                -     D. St. George, Director of Economic Development

                                                -     D. Perlin, Assistant Town Solicitor

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

                    -     J. Stephen, Senior Manager of Transportation                   

-     P. Kelly, Manager of Development and Environmental    

          Engineering

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

-     E. Valente, Manager of Zoning and Committee of Adjustment

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

-     C. Van Sligtenhorst, Heritage Planner

-     G. Abma, Planner, Planning Services

-     V. Tytaneck, Town Clerk

-     J. Warren, Council and Committee Coordinator

 

 

Declarations of Pecuniary Interest

 

No declarations of pecuniary interest were declared.

 

Committee of the Whole

 

Moved by Councillor Adams              Seconded by Councillor Lapworth

 

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

 

                                                                                                              CARRIED

 

 

AGENDA ITEM(S)

 

1.

Proposed Removal of "H" Holding Provision, Mattamy (Kaitting) Limited and Ruland Properties Inc.,

File No.: ZBA 1317.02, By-law 2016-067

 

 

-           Report from Planning Services Department,

June 24, 2016

 

 

Moved by Councillor Adams

 

1.

That the application (File No.: Z.1317.02) submitted by Mattamy (Kaitting) Limited & Ruland Properties Inc., to remove the Holding Provision “H” from the lands knows as Part of Lots 16 and 17, Concession 1, Trafalgar NDS, designated as Parts 1 and 2 on Plan 20R-20158, be approved; and

 

2.

That By-law 2016-067, a by-law to remove the Holding Provision “H” from By‑law 2009-189, as amended, be passed.

 

CARRIED

 

 

2.

By-law 2016-073 - A By-law to Dedicate Certain Land as Part of a Public Highway - Blocks 391 and 415, Plan 20M-1085 – North Park Boulevard

 

 

-           Report from Legal Department, June 25, 2016

 

 

Moved by Councillor Adams

 

That By-law 2016-073, a by-law to dedicate certain land as part of a public highway (Blocks 391 and 415, Plan 20M-1085 – North Park Boulevard) be passed.

 

CARRIED

 

 

 

3.

Subdivision Agreement - Dundas-Trafalgar Inc. (Minto)

24T-12013

 

 

-           Report from Development Engineering Department,

June 15, 2016

 

 

Moved by Councillor Adams

 

1.

That a Subdivision Agreement between the Town and Dundas Trafalgar Inc. be finalized in accordance with the standard agreement format and as outlined in the report from the Development Engineering department, dated June 15, 2016;

 

2.

That the Town Solicitor be authorized to make minor changes to the agreement, which do not affect the substance of the agreement; and

 

3.

That the agreement with Dundas Trafalgar Inc. be executed in accordance with By-law 2013-057.

 

CARRIED

 

 

CLOSED SESSION

 

Moved by Councillor Duddeck

 

That this Committee resolved into a closed meeting session for the purpose of dealing with a matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, with respect to Items C1 – C8.

 

                                                                                                               CARRIED

 

Committee resolved into closed session at 4:03 p.m.

 

Committee resolved back into open session at 4:10 p.m.

 

 

 

 

 

 

 

 

 

 

C-1.

OMB Appeal - Committee of Adjustment Application CAV A/058/2016; 2406 Susquehanna Court

 

 

-           Confidential Report from Legal Department,

June 20, 2016

 

 

Moved by Councillor Duddeck

 

1.

That the appeal to the Ontario Municipal Board of Committee of Adjustment Decision CAV A/058/2016, 2406 Susquehanna Court, attached as Appendix B to the report dated June 20, 2016, from the Legal department, be confirmed;

 

2.

That the Town Solicitor or his designate be authorized to pursue the Appeal in accordance with the position set out in Appendix C attached to the report dated June 20, 2016, from the Legal department; and

 

3.

That the Town Solicitor or his designate in consultation with the Director of Planning or his designate be authorized to negotiate a proposed settlement of the Appeal either before or at the Board Hearing in a manner that is substantively in keeping with the position set out in Appendix C attached to the report dated June 20, 2016, from the Legal department.

 

                                                                                                               CARRIED

 

 

C-2.

OMB Appeal - Committee of Adjustment Decision CAV A/061/2016; 216 Eastcourt Road

 

 

-           Confidential Report from Legal Department,

June 21, 2016

 

 

Moved by Councillor Duddeck

 

1.

That the appeal to the Ontario Municipal Board of Committee of Adjustment Decision CAV A/061/2016, 216 Eastcourt Road, attached as Appendix B to the report dated June 21, 2016, from the Legal department, be confirmed;

 

2.

That the Town Solicitor or his designate be authorized to pursue the Appeal in accordance with the position set out in Appendix C attached to the report dated June 21, 2016, from the Legal department; and

 

 

 

 

3.

That the Town Solicitor or his designate in consultation with the Director of Planning or his designate be authorized to negotiate a proposed settlement of the Appeal either before or at the Board Hearing in a manner that is substantively in keeping with the position set out in Appendix C attached to the report dated June 21, 2016, from the Legal department.

 

                                                                                                                  CARRIED

 

 

C-3.

OMB Appeal - Committee of Adjustment Decision CAV A/077/2016; 486 Pineland Avenue

 

 

-           Confidential Report from Legal Department,

June 21, 2016

 

 

Moved by Councillor Duddeck

 

1.

That the appeal to the Ontario Municipal Board of Committee of Adjustment Decision CAV A/077/2016, 486 Pineland Avenue, attached as Appendix B to the report dated June 21, 2016, from the Legal department, be confirmed;

 

2.

That the Town Solicitor or his designate be authorized to pursue the Appeal in accordance with the position set out in Appendix C attached to the report dated June 21, 2016, from the Legal department; and

 

3.

That the Town Solicitor or his designate in consultation with the Director of Planning or his designate be authorized to negotiate a proposed settlement of the Appeal either before or at the Board Hearing in a manner that is substantively in keeping with the position set out in Appendix C attached to the report dated June 21, 2016, from the Legal department.

 

                                                                                                               CARRIED

 

 

 

 

 

 

 

 

 

 

 

 

C-4.

OMB Appeal - Committee of Adjustment CAV A/054/2016; 2144 Rebecca Street

 

 

-           Confidential Report from Legal Department,

June 20, 2016

 

 

Moved by Councillor Duddeck

 

1.

That the appeal to the Ontario Municipal Board of Committee of Adjustment Decision CAV A/054/2016, 2144 Rebecca Street, attached as Appendix B to the report dated June 20, 2016, from the Legal department, be confirmed;

 

2.

That the Town Solicitor or his designate be authorized to pursue the Appeal in accordance with the position set out in Appendix C attached to the report dated June 20, 2016, from the Legal department; and

 

3.

That the Town Solicitor or his designate in consultation with the Director of Planning or his designate be authorized to negotiate a proposed settlement of the Appeal either before or at the Board Hearing in a manner that is substantively in keeping with the position set out in Appendix C attached to the report dated June 20, 2016, from the Legal department.

 

                                                                                                               CARRIED

 

 

C-5.

OMB Appeal - Committee of Adjustment CAV A/035/2016; 487 Valhalla Court

 

 

-           Confidential Report from Legal Department,

June 21, 2016

 

 

Moved by Councillor Duddeck

 

1.

That the Town Solicitor or his designate with the assistance of the Director of Planning or his designate be authorized to oppose the Appeal to the OMB of Committee of Adjustment Decision CAV A/035/2016, 487 Valhalla Court by the Landowner based on the advice of Planning Staff set out in Appendix C attached to the report dated June 21, 2016, from the Legal department; and

 

 

 

 

 

 

 

2.

That the Town Solicitor or his designate in consultation with the Director of Planning or his designate be authorized to negotiate a proposed settlement of the Appeal either before or at the Board Hearing in a manner that is substantively in keeping with the Planning Staff advice set out in Appendix C attached to the report dated June 21, 2016, from the Legal department.

 

                                                                                                               CARRIED

 

 

C-6.

OMB Appeal - Committee of Adjustment - CAV A/094/2016; 131 Leighland Avenue

 

 

-           Confidential Report from Legal Department,

June 22, 2016

 

 

Moved by Councillor Duddeck

 

1.

That the Town Solicitor or his designate, be authorized to oppose the Appeal to the OMB of Committee of Adjustment Decision CAV A/094/2016, 131 Leighland Avenue by the Landowner based on the advice of Planning staff set out in Appendix C attached to the report dated June 22, 2016, from the Legal department; and 

 

 

2.

That the Town Solicitor or his designate, in consultation with the Director of Planning or his designate, be authorized to negotiate a proposed settlement of the Appeal either before or at the Board Hearing in a manner that is substantively in keeping with the Planning staff advice set out in Appendix C attached to the report dated June 22, 2016, from the Legal department.

 

                                                                                                               CARRIED

 

 

C-7.

OMB Appeal - Committee of Adjustment - CAV A/088/2016; 175 Wilson Street

 

 

-           Confidential Report from Legal Department,

June 22, 2016

 

 

Moved by Councillor Duddeck

 

1.

That the Town Solicitor or his designate, be authorized to oppose the Appeal to the OMB of Committee of Adjustment Decision CAV A/088/2016, 175 Wilson Street by the Landowners based on the advice of Planning staff set out in Appendix C attached to the report dated June 22, 2016, from the Legal department; and

2.

That the Town Solicitor or his designate, in consultation with the Director of Planning or his designate, be authorized to negotiate a proposed settlement of the Appeal either before or at the Board Hearing, in a manner that is substantively in keeping with the Planning staff advice set out in Appendix C attached to the report dated June 22, 2016, from the Legal department.

 

                                                                                                               CARRIED

 

 

C-8.

Update re OPA 4 and By-law 2014-014

 

 

-           Confidential Report from Legal Department,

June 29, 2016

 

 

Moved by Councillor Duddeck

 

That the Town Solicitor pursue options 1 and 2 as set out in the confidential legal report dated June 29, 2016.

 

CARRIED

 

 

5.

Update Report, Health Science & Technology District Application, File No. Z.1325.06, OPA 1325.06, 24T-15005/1325

 

 

-           Report from Planning Services Department, July 4, 2016

 

 

Moved by Councillor Elgar

 

1.

That report PD-16-565 entitled Update Report, Health Science & Technology District Application, File No. Z.1325.06, OPA 1325.06, 24T‑15005/1325, be received;

 

2.

That Council endorse the approach set forth in the report PD-16-565 with respect to:

 

A land use ratio of at least 3 primary jobs to up to 1 secondary job to not more than 1 resident (3.1.1) be applied to achieve primacy of employment uses.

 

Secondary jobs and number of residential units be limited by the application of the 3:1:1 land use ratio.

 

A range of employment GFA of 0.35 FSI - 3.0 FSI, as permitted in the North Oakville West Secondary Plan.

 

Cash-in-lieu of parkland at a rate of 1 hectare per 500 units based on the provisions of Bill 73 be required.

 

That independent peer reviews of the Traffic Impact Study and Financial Impact Study be undertaken at the applicant’s expense; and

 

3.

That report PD-16-565 be forwarded to Halton Region for information.

 

                                                                                                               CARRIED

 

 

6.

Notice of Intention to Demolish - 104 Burnet Street

 

 

-           Report from Planning Services Department,

June 28, 2016

 

 

Moved by Councillor Duddeck

 

1.

That a heritage easement agreement for the property at 104 Burnet Street for the purpose of salvage of historic materials and commemoration of the historic associations of the property be endorsed; and

 

a.

That the Town Solicitor be authorized to discharge the heritage easement agreement from title, at the expense of the owner, once the requirements in the agreement have been satisfied to the satisfaction of the Director of Planning Services or designate;

 

b.

That the heritage easement agreement be executed in accordance with By-law 2013-057;

 

2.

That, following the registration of the heritage easement agreement, the property at 104 Burnet Street be removed from the Oakville Register of Properties of Cultural Heritage Value or Interest; and

 

3.

That, prior to demolition, the property owners allow for the salvage of historic materials from the house.

 

                                                                                                               CARRIED

 

 

7.

Committee of Adjustment Enhancements and 2015 Annual Activity Report - Committee of Adjustment Procedure By‑law 2016-066

 

 

-           Report from Building Services Department and Planning Services Department, July 5, 2016

 

 

Moved by Councillor Duddeck

 

1.

That the Committee of Adjustment Annual Activity Report dated July 5, 2016, from Building Services department and Planning Services department be received; and

 

 

2.

That Committee of Adjustment Procedure By-law 2016-066, being a by‑law to establish rules governing the calling, place, proceeding and providing notice of meetings, be passed.

 

                                                                                                               CARRIED

 

 

8.

Heritage Oakville Advisory Committee (June 28, 2016)

 

 

Moved by Councillor Duddeck

 

That the following recommendation pertaining to Items 6a and b of the Heritage Oakville Advisory Committee minutes from its meeting on June 28, 2016, be approved and the remainder of the minutes be received:

 

6a.

Heritage Permit Application HP022/16-42.20W - 3536 Wass Crescent - Construction of New Accessory Structure

 

-       Report from Planning Services Department, June 15, 2016

 

 

 

1.

That Heritage Permit Application HP022/16-42.20W for the construction of a new accessory structure, as attached in Appendix B to the report dated June 15, 2016, from Planning Services, be approved subject to final details on the windows, doors, stone and siding being submitted to Heritage Planning staff for approval; and

 

2.

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

 

6b.

Heritage Permit Application HP021/16-42.20F - 45 First Street - Demolition of Existing Residence and Construction of New Residence

 

-       Report from Planning Services Department, June 15, 2016

 

 

 

1.

That Heritage Permit Application HP021/16-42.20F for the demolition of the existing residence and construction of a new residence, as attached in Appendix B to the report dated June 15, 2016, from Planning Services, be approved subject to final details on the windows, doors, colours and exterior cladding material being submitted to Heritage Planning staff for final approval;

 

2.

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

 

 

 

 

3.

That the demolition permit shall not be issued until a building permit application has been received for construction of the new dwelling.

 

                                                                                                               CARRIED

 

 

9.

Livable Oakville (Official Plan Review) Council Sub‑committee (June 13, 2016)

 

 

Moved by Councillor Elgar

 

That the minutes of the Livable Oakville (Official Plan Review) Council Sub‑committee meeting of June 13, 2016, be received.

 

                                                                                                               CARRIED

 

 

10.

Heritage Oakville Advisory Committee (July 19, 2016)

 

 

Moved by Councillor Duddeck

 

That the following recommendation pertaining to Item 6a of the Heritage Oakville Advisory Committee minutes from its meeting on July 19, 2016, be approved and the remainder of the minutes be received:

 

6a.  Heritage Permit Application HP023/16-42.20S - 50 Second Street New Front Porch

        -    Report from Planning Services Department, July 6, 2016

 

1.    That Heritage Permit Application HP023/16-42.20S for the construction of a new front porch, as attached in Appendix B to the report dated July 6, 2016, from Planning Services, be approved effective the date that the Plan and Guidelines for the First and Second Street Heritage Conservation District Update, dated November 2015, come into force; and

 

2.    That this heritage permit application expire two years from the effective date mentioned in clause 1 above.

 

 

                                                                                                               CARRIED

 

 

 

 

 

 

C-9.

OMB Appeal - Parkland Valuation Dispute - DunPar

2158-2192 Trafalgar Road

 

 

-           Confidential Report from Legal Department, July 4, 2016

 

 

Moved by Councillor Knoll

             

That this item be referred back to staff for further review.

                                                                                                                       

CARRIED

 

 

The meeting recessed at 5:42 p.m. and reconvened at 7:00 p.m.

 

 

4.

Public Meeting and Recommendation Report, Draft Plan of Subdivision, Fernbrook Homes (Rebecca) Ltd.

File No. 24T-16001/1617

 

 

-           Report from Planning Services Department,

June 24, 2016

 

 

Moved by Councillor Duddeck

 

1.

That comments from the public with respect to the Draft Plan of Subdivision application by Fernbrook Homes (Rebecca) Ltd. (File No. 24T-16001/1617), be received;

 

2.

That notice of Council’s decision reflect that the comments from the public have been appropriately addressed as described in staff report PD‑16‑558; and

 

3.

That the Director of Planning Services be authorized to grant draft plan approval to the Draft Plan of Subdivision (File No. 24T-16001/1617) submitted by Fernbrook Homes (Rebecca) Ltd. prepared by J. D. Barnes Limited dated January 26, 2016 subject to the conditions contained in Appendix ‘C’.

                                                                                                                       

CARRIED

 


 

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

 

Moved by Councillor Elgar                 Seconded by Councillor Grant

 

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

 

                                                                                                               CARRIED

 

 

CONSIDERATION AND READING OF BY-LAWS

 

Moved by Councillor Lishchyna        Seconded by Councillor Adams

 

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

 

2016-066

A procedure by-law to establish rules governing the calling, place, proceeding and providing public notice of meetings of the Committee of Adjustment of The Corporation of the Town of Oakville and to repeal By-law 2008-032.  (Re:  Item 7)

 

2016-067

A by-law to remove the Holding "H" Provision on lands described as Part of Lots 16 and 17, Concession 1 Trafalgar NDS, designated as Parts 1 and 2 on Plan 20R-20158 (Mattamy (Kaitting) Limited and Ruland Properties Inc., File No.: Z 1317.02).  (Re:  Item 1)

 

2016-071

A by-law to declare that certain land is not subject to part lot control (Lots 1, 2, 3, 9, 10, 11, 12, 13, 16, 19 and 20, Blocks 26, 27, 28, 29, 36 and 37, Plan 20M-1168 – Longbridge Building Ltd.)

 

 

2016-073

A by-law to dedicate certain land as part of a public highway (Blocks 391 and 415, Plan 20M-1085 – North Park Boulevard).  (Re:  Item 2)

 

2016-074

A by-law to declare that certain land is not subject to part lot control (Blocks 93, 95, 96, 98, 107, 108, Plan 20M-1173 – 404072 Ontario Limited/Mattamy Preserve Limited).

 

2016-075

A by-law to declare that certain land is not subject to part lot control (Block 49, Plan 20M-1052 – Bronte Creek Community Limited).

 

2016-085

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

 

                                                                                                               CARRIED

 

 

ADJOURNMENT

 

 

The Mayor adjourned the meeting at 7:08 p.m.

 

 

 

 

 

                                                                                    ________________________________

                                                                                                        VICKI TYTANECK

                                                                                                           TOWN CLERK

 

 

 

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