TWENTY-FIFTH Meeting - Regular Session
The Town of Oakville Council
met in regular session to consider planning matters on this 28th day
of November, 2016 in the Council Chamber of the Oakville Municipal Building,
1225 Trafalgar Road, Oakville, commencing at 7:05 p.m.
Present: Mayor - Rob Burton
Councillors - Tom Adams
- Ray
Chisholm
- Allan
Elgar
- Dave
Gittings
- Marc
Grant
- Nick
Hutchins
- Jeff
Knoll
- Natalia
Lishchyna
- Sean
O’Meara
- Ralph
Robinson
Staff - J.
Clohecy, Commissioner of Community Development
- J.
Courtemanche, Director of Strategy, Policy and Communications
- M.
Simeoni, Director of Planning Services
- D.
Carr, Town Solicitor
- D.
Lambert, Director of Development Engineering
- D.
St. George, Director of Economic Development
- N.
Chandra, Assistant Town Solicitor
- G.
Charles, Senior Manager of Current Planning – East
District
- D.
Childs, Manager of Policy Planning
- H. Hecht,
Manager of Current Planning – East District
- R. Thun, Senior Planner, Current Planning – West District
- L. Musson,
Senior Planner, Current Planning – East District
- G. Abma, Planner, Current Planning – East District
- P. Barrette, Planner, Current Planning – West District
- M. Dalrymple, Planner, Current Planning – West District
- S.
Schappert, Heritage Planner
- K.
Patrick, Acting Town Clerk
- L. Morgan,
Council and Committee Coordinator
Regrets: Councillors - Cathy Duddeck
- Roger
Lapworth
Declarations of Pecuniary Interest
Councillor Adams declared a non-pecuniary
interest with respect to Confidential Item C‑1, InZone Update OPA 4
– Update, as his brother is employed by one of the companies named in the
report.
Committee of the Whole
Moved by Councillor Lishchyna Seconded
by Councillor Hutchins
That this meeting proceed into
a Committee of the Whole session.
CARRIED
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Moved by Councillor Hutchins
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1.
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That the application (File No.:
Z.1617.41) submitted by Garden Drive Townes Inc./Fernbrook Homes, to remove
the Holding “H” Provision from the lands generally located at 113-131
Garden Drive, 114-136 Maurice Drive and 210 Rebecca Street, be
approved; and
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2.
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That By-law 2016-027, a by-law to
remove the Holding “H” Provision from Zoning By-law 2014-014 and 1984-63,
as amended, be passed.
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Ashir Yazdani, re: concerns with respect to the height and density
of the development, limited public parking in the area, lack of natural light;
loss of view, and possible loss of trees and vegetation.
- Shweta Chadha, re: concerns with respect to the height of the
development, limited parking in the area, parking issues during the
construction phase, and loss of natural light.
- Waseem Larik, re: concerns with respect to the height and
density of the development, depth of the lots, and increased crowding in area schools.
- Abdul Salam Hanna, re: concerns with respect to height and
density of the development, its effect on property values, and loss of privacy.
- Karthik Iyer, re: concerns with respect to the height and
density of the development, parking issues, loss of natural light, and privacy
issues.
- Paolo Pivetta, Global Architect Inc., on behalf of the
applicant, providing information with respect to the different heights of the
buildings on the site, size of the individual units, underground resident and
visitor parking, installation of a retaining wall and proposed landscaping
treatment along the west and south boundaries.
- Karen Recchia, re: concerns with respect to the type of
trees to be planted along the boundaries, loss of natural light, and the status
of the application.
- Sonia Singh, re: concerns with respect to traffic
congestion, and parking issues.
- Fareeha Yazdani, re: concerns with respect to the height
and density of the development, limited parking in the area, and loss of view
and open space.
The following
communication(s) were distributed at the meeting:
- (November 28, 2016) Fareeha Yazdani and Ashir Yazdani.
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Moved by Councillor Knoll
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1.
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That comments from the public with respect
to the Zoning By-law Amendment application by Metroly Developments (2457667
Ontario Inc.), File No. Z.1316.06, be received; and
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2.
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That notice of Council’s decision
reflect that any comments received from the public will be appropriately
addressed.
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CARRIED
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Moved by Councillor Knoll
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1.
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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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2.
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That the Zoning By-law Amendment (File
Z.1314.06B) and Draft Plan of Subdivision (File 24T-12011B) by 404072 Ontario
Limited (Mattamy Development Corp.), as revised, be approved;
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3.
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That the Director of Planning Services
be authorized to grant draft plan approval to the Draft Plan of Subdivision
(24T-12011B) submitted by 404072 Ontario Limited (Mattamy Development
Corp.) prepared by Korsiak Urban Planning, dated July 25, 2016, subject to
the conditions contained in Appendix A;
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4.
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That By-law 2016-120 be passed;
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5.
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That once Plan 24T-12011B has been
draft approved by the Director of Planning Services, the Town enter into a
Subdivision Agreement to the satisfaction of the CAO and Town Solicitor, or
designates;
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6.
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That the Subdivision Agreement be
executed in accordance with By‑law 2013-057; and
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7.
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That comments from the public be
received and that notice of Council’s decision reflect that the comments
from the public have been appropriately addressed.
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CARRIED
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Moved by Councillor Grant
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1.
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That Zoning By-law Amendment
application by Korsiak Urban Planning on behalf of Sixth Line Corporation
(File No: Z.1315.06) be approved;
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2.
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That By-law 2016-103 be passed; and
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3.
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That comments from the public be
received and that notice of Council’s decision reflect that the comments
from the public have been appropriately addressed.
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CARRIED
The following
communication(s) were distributed at the meeting:
- (November 28, 2016) Rosa Devito.
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Moved by Councillor Elgar
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1.
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That the Zoning By-law Amendment by
Peppergate Developments Inc. (File Z.1430.28) be approved;
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2.
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That comments from the public be
received and that notice of Council’s decision reflect that the comments
from the public have been appropriately addressed; and
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3.
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That By-law 2016-112 be passed.
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CARRIED
BEYOND THE HOUR
Moved by Councillor Adams
That this meeting proceed past
the hour of 10:00 p.m., but no later than 10:30 p.m.
CARRIED
The following person(s) made an
oral submission:
- Janet
Heslett-Theall, President, Joshua Creek Residents Association, expressing
support for the downtown vision, public access and use of the waterfront,
cultural facilities remaining in the downtown with new cultural facilities
being dispersed in different areas of the downtown, indicating critical need
for parking, traffic control and improved public transit, the need to assure
residents that the development and construction of the facilities would not be
a financial burden on the taxpayers, and urging the town to shorten the
proposed timelines for the plan.
- Janet
Heslett-Theall, on behalf of Tim Danter, President, Chartwell Maple Grove
Residents Association, expressing support for public access to all facilities
and areas of the downtown, improved access to and inclusion of waterfront
areas, dispersal of cultural facilities throughout the downtown, access to
adequate parking as a key priority, ensuring minimal impact on current and
future taxpayers, ensuring transparency and inclusion in decisions related to
the Performing Arts Centre and the library, expressing concern with the proposed
timelines; and filed a written submission at the meeting.
- Doug
McKirgan, Secretary, Trafalgar-Chartwell Residents Association, expressing
support for the main elements of the Downtown Cultural Hub plan, including
public access to the riverside and waterfront with new waterfront parkland and
restaurants, renovation of aging downtown cultural facilities in the short
term, construction of new, upgraded facilities to be dispersed throughout the
downtown as funding permits, construction of underground parking garage along
Church Street as funding permits, expressing concerns with respect to the
Downtown Cultural Hub plan and developments in areas adjacent to the downtown
and the need for sustained, positive leadership throughout the process.
- Avril
Kruger, President, Masterworks Chorus and Orchestra, re: concerns with respect
to the proposed timelines required to construct a new Performing Arts Centre as
the current one cannot accommodate large groups such as the Masterworks Chorus
and Orchestra, and requesting that consideration be given to accepting partial private
funding in order to move construction of the new Performing Arts Centre
forward.
- George
Niblock, President, Oakville Lakeside Residents Association, expressing support
for the concept of cultural facilities being dispersed over the Centennial
Square and Post Office sites, downtown locations for Oakville Galleries and the
central library and theatre as part of the Cultural Hub, public/private
partnership to fund projects and enhance services, opportunities to created
restaurants/pubs/cafés at the water’s edge, envisioning the Church Street Post
Office as an opportunity for integration of cultural amenities such as Oakville
Galleries into the downtown featuring a possible hotel and restaurant as well
as underground parking, expressing support for increased building heights in
specific locations, a mix of office space and underground parking along Church
Street, expressing concern with the proposed timelines; and filed a written
submission at the meeting.
The following
communication(s) were distributed at the meeting:
- (November 16, 2016) Janet Heslett-Theall, President, Joshua
Creek Residents Association;
- (November 25, 2016) Doug McKirgan, Trafalgar-Chartwell Residents
Association.
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Moved by Mayor Burton
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1. That
Council receive the Downtown Cultural Hub Update reports from the Office
of the Mayor and Commissioner of Community Development;
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2. That
Council endorse the timelines to guide the implementation of the Downtown
Cultural Hub outlined in these reports;
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3. That the
allocation of $1,000,000 of capital funding for the Downtown Cultural
Hub (Project 21101602) be maintained; and
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4. That staff report back with detailed implementation plan and
funding requirements to implement the updated Downtown Plan timeline.
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CARRIED
The following person(s) made an
oral submission:
- Blair
Manktelow, re: concerns with respect to how the grading of the site and height
of the development would negatively impact his property, i.e., privacy, water
runoff and shading of his backyard.
- Peter
Donlevy, re: concerns with respect to the height differential of the
development and requesting that consideration be given to increasing the fence
height, expressing concern with the displacement of ground water during
construction and requesting that mechanisms be in place to mitigate the
problem.
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Moved by Councillor Chisholm
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1.
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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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2.
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That the applications for Zoning By-law
Amendment and Draft Plan of Subdivision by Fernbrook Homes (Lakeshore)
Ltd., (File Z.1722.03, 24T‑14006/1722), as revised reflecting 22
lots, be approved;
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3.
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That the Director of Planning Services
be authorized to grant draft plan approval to the Draft Plan of Subdivision
(24T-14006/1722) submitted by Fernbrook Homes (Lakeshore) Ltd., prepared by
Korsiak Urban Planning, dated revised September 9, 2016, subject to the
conditions contained in Appendices C and D of staff report 16-280;
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4.
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That once 24T-14006/1722 has been draft
approved by the Director of Planning Services, the Town enter into a
Subdivision Agreement to the satisfaction of the CAO and Town Solicitor, or
designates;
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5.
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That the Subdivision Agreement be
executed in accordance with By‑law 2013-057;
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6.
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That By-law 2016-012 be passed;
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7.
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That the Urban Design Brief document
prepared by Hunt Design Associates Inc. and dated October 13, 2016, which
provides specific direction for rear elevations for proposed dwellings on
exterior lots, and rear yard landscaping forms the basis for a scoped site
plan approval affecting the exterior subdivision lots only;
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8.
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That the Director of Planning Services,
in consultation with the Ward Councillors, be delegated site plan approval
authority with respect to the requisite scoped site plan approval
referenced in clause 7, above; and
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9.
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That notice of Council’s decision
reflects that the comments from the public have been appropriately
addressed as described in staff report 16‑280.
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CARRIED
Waiving
of Procedure
Moved by Councillor Knoll
That, in
accordance with Section 1.2(2) of the Procedure By-law, the rules of procedure
established in Section 4.2(2) be waived to permit the meeting to proceed beyond
the hour of 10:30 p.m.
CARRIED
Moved by Councillor Knoll
That this meeting proceed to
11:30 p.m.
CARRIED
The following person(s) made an
oral submission:
- Furat
Ilia, expressing support for the proposed revision to the plan with respect to
the modification of Street ‘W’ reorienting his backyard to the lot abutting his
property; and filed a submission at the meeting.
- Sonia
Singh, re: concerns with respect to the density of the mixed development in
the area, specifically the 12-storey condominium building, privacy issues,
traffic congestion, loss of visibility of the Natural Heritage System, limited public
parking, shadowing of adjacent properties, and requesting that approval of the
plan be delayed to permit reconsideration of the 12-storey building.
The following
communication(s) were distributed at the meeting:
- (November 28, 2016) Furat Ilia;
- (November 28, 2016) Sonia Singh.
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Moved by Councillor Knoll
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1.
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That the Zoning By-law Amendment (File
Z 1317.04) and Draft Plan of Subdivision (File 24T-15003/1317) submitted by
Lower Fourth Development Limited and Pendent Development Limited, as
revised, be approved;
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2.
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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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3.
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That notice of Council’s decision
reflects that the comments from the public have been appropriately
addressed as described in the staff report;
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4.
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That the Director of Planning Services
be authorized to grant draft approval to the Draft Plan of Subdivision
(File 24T-15003/1317) prepared by Korsiak & Company, revised May 16,
2016 in accordance with the conditions included in Appendix A of Staff
Report 16-423;
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5.
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That once 24T-15003/1317 has been draft
plan approved by the Director of Planning Services, the Town enter into a
Subdivision Agreement to the satisfaction of the CAO and Town Solicitor, or
designates;
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6.
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That the Subdivision Agreement be
executed in accordance with By‑law 2013-057; and
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7.
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That By-law 2016-114 be passed as
revised in accordance with the memorandum dated November 28, 2016, from the
Planning Services department.
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CARRIED
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Moved by Councillor Knoll
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1.
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That the Director of Planning Services
be authorized to grant draft plan approval to the Draft Plan of Condominium
(24CDM-16004/1318) submitted by Korsiak Urban Planning on behalf of Mattamy
(Munns) Ltd., prepared by Rady-Pentek and Edwards Surveying Ltd., Planning
Services Department date stamped July 14, 2016 (Sheet 1), subject to the
conditions contained in Appendix ‘A’; and
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2.
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That comments from the public be
received and that notice of Council’s decision reflect that the comments
from the public have been appropriately addresses.
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CARRIED
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Moved by Councillor Adams
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That By-law 2016-121, a by-law to amend
By-law 2011-115, being a by-law to delegate the power to consent/grant
heritage permits for the alteration of designated heritage properties, be
passed.
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CARRIED
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Moved by Councillor Chisholm
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That the property at 340 Robinson
Street be removed from the Oakville Register of Properties of Cultural
Heritage Value or Interest.
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CARRIED
The following person(s) made an
oral submission:
- Kelly
Gilbride, Stevens Burgess Architects Ltd., on behalf of the owner, advising that
the request to amend the Heritage Designation By-law applied only to the house
on the property.
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Moved by Councillor Gittings
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That notice be issued to the owner of
1399 Lakeshore Road East of the proposed amendment of By-law 1990-109, a
by-law to designate the property at 1409 Lakeshore Road East as a
property of historic and architectural value and interest.
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CARRIED
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Moved by Councillor Knoll
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That consideration of this item be deferred
to a special meeting to be held at the call of the Mayor
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CARRIED
Item 13 was
subsequently referred to the December 12, 2016 Council meeting.
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Moved by Councillor Lishchyna
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That the minutes of the Livable Oakville
(Official Plan Review) Council Sub‑committee meeting of November 1,
2016, be received.
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CARRIED
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Moved by Councillor Lishchyna
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That the minutes of the Heritage Oakville
Advisory Committee meeting of November 22, 2016, be received.
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CARRIED
CLOSED SESSION
Moved by Councillor Adams
That this
Committee resolve 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-1, InZone
Update OPA 4 - Update.
CARRIED
Committee resolved into closed session at 11:15 p.m.
Committee resolved back into open session at 11:26 p.m.
Direction was
provided to staff in closed session.
Moved by Councillor Knoll
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,
Public Hearing Items 2, 3, 4 and 5, Discussion Items 6, 5A, 7, 8, 9, 10, 11,
12, and 13, Confidential Discussion Item C-1, and Advisory Committee Minutes
Items 14 and 15, as noted by the Clerk.
Moved by Councillor Elgar Seconded
by Councillor Lishchyna
That the report and
recommendations of the Committee of the Whole be approved.
CARRIED
Moved by Councillor Grant Seconded
by Councillor Hutchins
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2016-122
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A by-law to declare that certain land is not subject to part lot
control (Blocks 33 and 54, Plan 20M-1163; Blocks 103, 104, 105, 106, 111,
112, 113, 114, 115, 116 and 117, Plan 20M‑173 – 404072 Ontario Ltd.
(Mattamy))
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CARRIED
The
Mayor adjourned the meeting at 11:29 p.m.
________________________________
Kathy patrick
ACTING
TOWN CLERK