Meeting - Regular Session

EIGHTH Meeting - Regular Session

 

The Town of Oakville Council met in regular session to consider planning matters on this 18th day of April, 2017 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

                                                -     Sean O’Meara

                                                -     Ralph Robinson

 

Staff                                        -     R. Green, Chief Administrative Officer

                                                -     J. Clohecy, Commissioner of Community Development

                                                -     M. Simeoni, Director of Planning Services

                                                -     D. Lambert, Director of Development Engineering

                                                -     D. Carr, Town Solicitor

                                                -     N. Chandra, Assistant Town Solicitor

                                                -     J. Huctwith, Assistant Town Solicitor

                                                -     G. Charles, Senior Manager of Current Planning and

                                                            Urban Design

-     H. Hecht, Manager of Current Planning – East District

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

-     L. Musson, Senior Planner, Current Planning – West District

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

-     K. Patrick, Acting Town Clerk

-     L. Morgan, Council and Committee Coordinator

 

Regrets:   Councillor           -     Natalia Lishchyna

 

 

Declarations of Pecuniary Interest

 

Councillor Adams declared a non-pecuniary interest with respect to Confidential Item C‑2, OPA 4 - InZone Update, as his brother is employed by one of the companies named in the report.

 

Committee of the Whole

 

Moved by Councillor Lapworth          Seconded by Councillor Duddeck

 

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 Stormwater Management Pond, Drainage Channel and a Portion of Colonel William Parkway within Subdivision Plan 20M-950 - Monarch/Liptay Phase 2 -
By-law 2017-026

 

 

-           Report from Development Engineering Department, March 28, 2017

 

 

Moved by Councillor Elgar

 

1.

That the Stormwater Management Pond (Block 345), W2 Channel (Block 350) and a portion of Colonel William Parkway (Block 346) within registered plan 20M-950 be assumed by the Town; and

 

2.

That By-law 2017-026, a by-law to assume a stormwater management pond, drainage channel and a portion of Colonel William Parkway within Plan 20M-950, be approved.

 

                                                                                                               CARRIED

 

 

C-2.

OPA 4 - InZone Update

 

 

-           Confidential Report from Legal Department,
March 29, 2017

 

 

 

Moved by Councillor O’Meara

 

That the Town Solicitor be instructed as set out in the confidential legal report dated March 29, 2017, from the Legal department.

 

                                                                                                               CARRIED

 

2.

Public Meeting Report, Zoning By-law Amendment, Trustees of Hopedale Presbyterian Church, 156 Third Line, File No. Z.1726.07, West Side of Third Line, North of Salvator Boulevard

 

 

-           Report from Planning Services Department,
March 27, 2017

 

 

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

-     Patti Fedoruk, re:  concerns with respect to the integrity of the existing retaining wall that abuts a proposed building to be located on Parcel A of the site.

 

The following communication(s) were distributed at the meeting:

-     (April 18, 2017) from Patti and John Fedoruk

 

Moved by Councillor Robinson

 

1.

That comments from the public with respect to the Zoning By-law Amendment application by the Trustees of Hopedale Presbyterian Church, File No. Z.1726.07, be received; and

 

2.

That notice of Council’s decision reflect that any comments received from the public will be appropriately addressed.

 

                                                                                                               CARRIED

 

 

3.

Public Meeting and Recommendation Report - Town-initiated Site Specific Zoning By-law Amendment to By-law 2014-014 (File: 42.25.17) - North East Corner of Burloak Drive and Rebecca Street, 105 Garden Drive and 1498 Wallace Road – By‑law 2017-036

 

 

-           Report from Planning Services Department,
March 27, 2017

 

 

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

-     Aleida Ijzerman, Design Tek Studio Inc., requesting clarification with respect to any changes made to zoning below the corner of Speers Road and Wallace Road.

 

 

 

 

Moved by Councillor Chisholm

 

1.

That By-law 2017-036, a by-law to make housekeeping, technical and other modifications to Zoning By-law 2014-014, as amended (Housekeeping Zoning By-law Amendment, File 42.25.17), be passed; and

 

2.

That notice of Council’s decision reflect that no comments were received from the public or, if comments are received, that they have been appropriately addressed.

 

                                                                                                               CARRIED

 

 

4.

Recommendation Report - Official Plan and Zoning By-law Amendments - 2378224 Ontario Inc. - Z.1617.43 -
231-237 Rebecca Street - By-law 2017-016 and 2017-017

 

 

-           Report from Planning Services Department,
March 27, 2017

 

 

The following person(s) made an oral submission:

-     David Harris, re:  concerns with respect to the minimal changes made to the application, i.e., reducing the height of the roof line to 12 metres which does nothing to change the height of the fourth storey windows, moving the footprint slightly to the south and west which still leaves little room for a tree barrier to the north and none at the east end of the property, relocating the ‘Juliette’ balconies from the north to the south side of the structure; and suggesting that the fourth storey of the building be deleted to mitigate privacy concerns and that the footprint be reduced to permit a barrier of trees on all sides of the structure.

 

-     Bill Burns, re:  concerns with respect to the proposed amendments to the official plan and zoning by-laws to permit medium density development; and suggesting that amending the zoning may set a precedent for further similar developments in the area.

 

-     Rick Varteressian, re:  concerns with respect to the perceived ‘gentrification’ of the neighbourhood, privacy issues, garbage accumulating and being left on the existing properties; and suggesting that the site be developed without amendments to the official plan and zoning by‑laws.

 

 

 

-     Ronald Pearson, re:  concerns with respect to changing the zoning to accommodate the development, lack of privacy, restricted sunlight; and urging the applicant to develop a plan that complements the neighbouring Barlcay Square residences in height and appearance.

 

-     Mildred Lowes, re:  concerns with respect to the height and size of the structure, drainage issues, increased traffic, lack of sunlight affecting trees and vegetation, loss of privacy, dealing with construction during the summer months; and requesting that the town consider purchasing the site and designating it as green space.

 

-     Ted Gale, re:  concerns with respect to rain causing possible drainage problems as he lives closest to the proposed development, traffic and parking issues.  

 

-     Kirk Godfrey, re:  concerns with respect to water retention and drainage issues due to the quality of the land on the site.

 

-     David Faye, David Faye & Associates Inc., on behalf of the applicant, expressing support for the staff recommendation, reviewing the changes that were made to the application since it was originally submitted in response to comments and concerns from the area residents, staff and the Ward Councillors, requesting that the Councillors take into consideration the planning criteria put forward in the staff report; and responding to questions from the members.

 

The following communication(s) were distributed at the meeting:

-     (April 18, 2017) from David Harris

-     (April 18, 2017) from Ronald Pearson

-     (April 18, 2017) from Rick Varteressian

-     (April 18, 2017) from Janet Quinn

-     (April 17, 2017) from Bill Burns

-     (April 14, 2017) from Frances Satterwaite

-     (April 11, 2017) from Zbig Psarski Peng

 

The meeting recessed at 8:57 p.m. and reconvened at 9:30 p.m.

 

Moved by Councillor Duddeck

 

That Official Plan Amendment and Zoning By-law Amendment applications submitted by 2378224 Ontario Inc. (File No. Z.1617.43), as revised, be denied.

 

                                                                                       CARRIED on a recorded vote,

                                                                                       Council voting as follows:

Recorded Vote

 

Yeas                                           Nays

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

 

 

C-3.

Glen Abbey Verbal Update

 

 

-           Confidential Verbal Report from Legal Department

-           Memorandum from Legal Department, April 18, 2017 (Distributed at meeting.)

 

 

Moved by Councillor Elgar

 

That this item be withdrawn pursuant to the request of the Legal department, in the memorandum dated April 18, 2017.

 

                                                                                                               CARRIED

 

 

5.

Livable Oakville (Official Plan Review) Council Sub-committee (March 20, 2017)

 

 

Moved by Councillor O’Meara

 

That the minutes of the Livable Oakville (Official Plan Review) Council Sub‑committee meeting of March 20, 2017, be received.

 

                                                                                                               CARRIED

 

 

 

 

 

 

CLOSED SESSION

 

Moved by Councillor O’Meara

 

That this Committee resolve into a closed meeting session for the purpose of dealing with matters 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 C1 - OMB Hearing - Symgine, 2266 Lakeshore Road West, 83 East Street.

 

                                                                                                 CARRIED

 

Committee resolved into closed session at 9:46 p.m.

 

Committee resolved back into open session at 9:56 p.m.

 

 

BEYOND THE HOUR

 

Moved by Councillor O’Meara

 

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

 

                                                                                                 CARRIED

 

 

C-1.

OMB Hearing - Symgine, 2266 Lakeshore Road West,
83 East Street

 

-           Confidential Report from Legal Department,
March 23, 2017

 

 

Moved by Councillor O’Meara

 

1.

That the Ontario Municipal Board be advised that the town continues to oppose the appeals filed by Symgine (Lake East) Inc. as amended by correspondence dated January 18, 2017; and

 

2.

That legal counsel and staff be authorized and directed to proceed in matters related to the appeals filed by Symgine (Lake East) Inc. in accordance with the report from the Legal department, dated March 23, 2017.

 

                                                                                                               CARRIED

 

RISE AND REPORT TO COUNCIL

 

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

 

 

Moved by Councillor Hutchins          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 Elgar                   Seconded by Councillor Hutchins

 

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

 

2017-026

A by-law to assume the Stormwater Management Pond, Drainage Channel and a portion Colonel William Parkway  in Registered Plan 20M-950.  (Re:  Item 1)

 

2017-036

A by-law to amend Town of Oakville Zoning By-law 2014‑014 to make a number of housekeeping and technical corrections. (Town-initiated Housekeeping, File No. 42.25.17).  (Re:  Item 3)

 

2017-041

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

 

                                                                                                               CARRIED

 

 

 

 

ADJOURNMENT

 

 

The Mayor adjourned the meeting at 10:01 p.m.

 

 

 

 

 

                                                                                    ________________________________

                                                                                                        Kathy patrick

                                                                                                   ACTING TOWN CLERK