Meeting - Regular Session

ELEVENTH Meeting - Regular Session

 

The Town of Oakville Council met in regular session to consider planning matters on this 15th day of May, 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

                                                -     Natalia Lishchyna

                                                -     Sean O’Meara

 

                  Staff                      -     R. Green, Chief Administrative Officer

-       J. Clohecy, Commissioner of Community Development

-     M. Simeoni, Director of Planning Services

-   D. St. George, Director of Economic Development

-   D. Carr, Town Solicitor

-     D. Perlin, Assistant Town Solicitor

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

-   D. Childs, Senior Manager of Policy Planning and Heritage

-     T. Collingwood, Senior Planner, Current Planning – East District

-     R. Stormes, Senior Economic Development Officer

-     S. Schappert, Heritage Planner

-     K. Flood, Heritage Planner

-     J. Kelemen, Urban Designer

-     K. Patrick, Acting Town Clerk

-     J. Marcovecchio, Council and Committee Coordinator

 

            Also present              -     Rod Northey, Gowlings, Legal Counsel

-     Jennifer King, Gowlings, Legal Counsel

-     Marcus Letourneau, Principal, Letourneau Heritage Consulting Inc. (LHC)

 

Regrets:   Councillor           -     Ralph Robinson

 

 

 

 

 

 

Declarations of Pecuniary Interest

 

No declarations of pecuniary interest were declared.

 

 

Committee of the Whole

 

Moved by Councillor Lapworth          Seconded by Councillor Grant

 

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

 

                                                                                                               CARRIED

 

AGENDA ITEM(S)

 

1.

Recommendation Report - Official Plan Amendment and Zoning By-law Amendment - Capreit Limited Partnership – File Z.1512.08 - 1360 White Oaks Boulevard and
1289 Marlborough Court

 

 

-           Report from Planning Services Department,
April 24, 2017

 

 

The following person(s) made an oral submission:

-     Nicholas Dell, Greg Dell & Associates, on behalf of Capreit Limited Partnership, re:  concerns with respect to the refusal of the application, application merits good planning and sound engineering, a site specific amendment will be quite limited in terms of future applications for this site, speculation of precedent, and origin of design. It was proposed that members of the fitness centre would access the facility from the parking lot of the commercial portion of the property, but only the impacts to the residential side is being considered as the reason for denial.  

 

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

-     (May 10, 2017) from Lisa Albrink

-     (May 9, 2017) from Garth Mailman

-     (May 7, 2017 and January 24, 2017) from Arthur A. Alkerton

-     (May 3, 2017) from Eleanor Johnson

 

Moved by Councillor Adams

 

1.

That the Official Plan Amendment and Zoning By-law Amendment submitted by Capreit Limited Partnership (File Z.1512.08) be denied.

 

2.

That notice of Council decision reflect that the refusal of the application was consistent with comments received from the public.

 

                                                                                                               CARRIED

 

2.

Cultural Heritage Landscape Strategy – Phase Two

 

 

-           Report from Planning Services Department,
February 27, 2017

 

 

The following person(s) made an oral submission:

-     Fraser Damoff, on behalf of the Save Glen Abbey Coalition, expressing support for the staff recommendation for the property at 1333 Dorval Drive, advising of the importance of the Glen Abbey golf course to Oakville and a major part of its identity, a central part of town atmosphere, is a cultural heritage property and deserves moving forward and protecting for future generations, a prominent area and landmark for Oakville and the province, saving greenspace and trees versus single detached homes; and suggesting that the visual linkage to the surrounding neighbourhood, town, province, and country be considered.

 

-     Wendy Bodnoff, a resident in support of the Save Glen Abbey Coalition, expressing support for the staff recommendation for the property at
1333 Dorval Drive, advising that the iconic historic world renown Glen Abbey is Oakville’s jewel and Canada’s treasure; congratulating Council on the OMB decision to uphold the town’s Interim Control By-law regarding Glen Abbey. Expressed concern that an environmental impact study was not done as Sixteen Mile Creek runs through the golf course. Surprised that Glen Abbey’s distinction as an autobahn cooperative sanctuary golf course for 13 years since 2004 is not being considered.

 

-     Dan Carruthers, on behalf of townhouse owners near the golf course, expressing support for the Heritage Oakville Advisory Committee recommendation for the property at 1333 Dorval Drive, advising of his involvement with Glen Abbey and the representations and meetings that he has had with others regarding the quality, history, and heritage of the golf course; and suggesting that the Canadian Open Golf continue to be hosted at Glen Abbey, and keeping this as part of our heritage.

 

-     Tim Danter, President, Chartwell Maple Grove Residents Association (CMGRA), and on behalf of Joshua Creek Residents Association (JCRA) and Trafalgar Chartwell Residents Association Inc. (TCRA), expressing support for protecting Glen Abbey as a cultural heritage landscape, advising that Glen Abbey is synonymous with Oakville; and acknowledging the hard work and efforts made by the Save Glen Abbey Coalition, and the work that the town has done on the Interim Control
By-law for the Glen Abbey development application.

 

-     Karen Brock, President, Oakvillegreen Conservation Association Inc., expressing strong support for the staff recommendation for the property at 1333 Dorval Drive, and that it be recognized as a significant cultural heritage landscape, commending Council on phase two of the implementation strategy for the cultural heritage landscape assessment reports; suggesting that Council consider its natural heritage features in phase three, and that the property be recognized in its entirety as a natural heritage landscape; and urging Council to embark on phase three, which will place a high priority on protection and celebration of Glen Abbey as a unique integral part of Oakville.

 

-     Mark Flowers, Davies Howe Partners LLP, on behalf of ClubLink Corporation ULC and ClubLink Holdings Limited (“ClubLink”),
re:  concerns with respect to the process and exchanging information, requesting that Council not adopt the staff recommendations pertaining to 1333 Dorval Drive, and defer consideration of the staff report and evaluation report for the lands until ClubLink has been given a proper opportunity for meaningful input in response to the evaluation report; or alternatively, if the matter is not deferred, requesting the opportunity to review and comment on the proposed terms of reference that will guide the consultant’s work in phase three, and that ClubLink be meaningfully  engaged in phase three as the project proceeds.

 

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

-     (May 15, 2017) from Mark R. Flowers, Davies Howe Partners LLP

-     (May 15, 2017) from Brenda and Jim Jarvis

-     (May 11, 2017) from Susan Richard

-     (May 11, 2017) from Louise Brownlee

-     (May 11, 2017) from Carol Stanley

-     (May 11, 2017) from Mary Ellen Chown

-     (May 10, 2017) from Dr. Harriette Van Spall and J. Newton

-     (May 10, 2017) from Stephanie Carne

-     (May 10, 2017) from Joanne Peters

-     (May 9, 2017) from Alana Lewis

-     (May 9, 2017) from Robbie C. Banks

 

Moved by Councillor Duddeck

 

1.

That the Cultural Heritage Landscape Assessment Reports attached in the appendices to the report from the Planning Services department, Cultural Heritage Landscape Strategy – Phase Two, be received;

 

2.

That the property at 1333 Dorval Drive be recognized as a significant cultural heritage landscape and move into Phase Three: Implementation of Protection Measures;

 

a.

That, as directed by Council on February 1, 2016, the property at 1333 Dorval Drive have priority for the completion of Phase Three;

 

3.

That the property at 1086 Burnhamthorpe Road East be recognized as a significant cultural heritage landscape and move into Phase Three: Implementation of Protection Measures;

 

4.

That the property at 2031 North Service Road West be recognized as a significant cultural heritage landscape and move into Phase Three: Implementation of Protection Measures;

 

5.

That the property at 4243 Sixth Line be recognized as a significant cultural heritage landscape and move into Phase Three: Implementation of Protection Measures;

 

6.

That no further action be taken as part of the Cultural Heritage Landscapes Strategy with respect to the high priority properties not identified as significant cultural heritage landscapes – 3367 Dundas Street West and 3451 Tremaine Road;

 

7.

That $150,000 be added to the Heritage Planning Studies budget (project #63101702) funded from the General Working Capital Reserve to complete the Phase Three work on high priority properties that have been identified as significant cultural heritage landscapes; and

 

8.

That the remaining medium and low priority properties from Phase One of the Cultural Heritage Landscape Strategy Implementation be addressed in the annual Heritage Planning Work Plan in 2018.

 

                                                                                       CARRIED UNANIMOUSLY

                                                                                       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 O’Meara

 

The meeting recessed at 8:47 p.m. and reconvened at 8:54 p.m.

 


 

3.

Economic Development 2016 Annual Report

 

 

-           Report from Economic Development Department,
April 25, 2017

 

 

Moved by Councillor Knoll

 

That the staff report from the Economic Development department entitled Economic Development 2016 Annual Report, dated April 25, 2017, be received.

 

                                                                                                               CARRIED

 

 

4.

Heritage Grant Program 2017

 

 

-           Report from Planning Services Department,
April 25, 2017

 

 

Moved by Councillor Hutchins

 

That the 2017 funding allotment as attached in ‘Appendix A - Recommended Grant Projects and Maximum Approved Amounts’ to the report titled Heritage Grant Program 2017, dated April 25, 2017, from the Planning Services department, be approved.

 

                                                                                                               CARRIED

 

 

5.

Notice of Intention to Demolish - 416-418 Reynolds Street

 

 

-           Report from Planning Services Department,
April 25, 2017

 

 

Moved by Councillor O’Meara

 

That the property at 416-418 Reynolds Street be removed from the Oakville Register of Properties of Cultural Heritage Value or Interest.

 

                                                                                                               CARRIED

 

 


 

6.

Study to Recommend Appropriate Zoning Regulations for Roof Top Terraces and Balconies

 

 

-           Report from Planning Services Department,
April 24, 2017

 

 

Moved by Councillor O’Meara

 

That the report titled Study to Recommend Appropriate Zoning Regulations for Roof Top Terraces and Balconies, dated April 24, 2017, from the Planning Services department, be received.

 

                                                                                                               CARRIED

 

 

7.

OMB Appeal CAV A/067/2017 - 309 Church Street

 

 

-           Report from Legal Department, April 26, 2017

 

 

Moved by Councillor Gittings

 

1.

That the appeal to the Ontario Municipal Board of Committee of Adjustment Decision CAV A/067/2017, 309 Church Street, be confirmed.

2.

That if Council confirms the Appeal, then the Town Solicitor or his designate be authorized to pursue this appeal of COA Decision CAV A/067/2017 in accordance with the position set out in Appendix C attached to the report dated April 26, 2017, from the Legal department.

 

3.

That if pursuant to clause 1 above this appeal is continued, then in consultation with the Director of Planning or his designate the Town Solicitor or his designate be authorized to negotiate a proposed settlement of the Appeal either before or at the Board Hearing in a manner that addresses the issues and concerns identified in Appendix C attached to the report dated April 26, 2017, from the Legal department.

 

                                                                                                               CARRIED

 

 

8.

OMB Appeal CAV A/065/2017 - 227 Wyecroft Road

 

 

-           Report from Legal Department, April 27, 2017

 

 

Moved by Councillor Duddeck

 

That the appeal to the Ontario Municipal Board of Committee of Adjustment Decision CAV A/065/2017, 227 Wyecroft Road, be withdrawn.

                                                                                                               CARRIED

 

 

C-1.

Appeal to the OMB, CAV A/030/2017 - 377 Morden Road

 

 

-           Confidential Report from Legal Department,
March 9, 2017

 

 

Moved by Councillor O’Meara

 

1.

That the appeal to the Ontario Municipal Board of Committee of Adjustment Decision CAV A/030/2017, 377 Morden Road, attached as Appendix B to the report dated March 9, 2017, from the Legal department, be confirmed; and

 

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 March 9, 2017, from the Legal department.

 

                                                                                                               CARRIED

 

 

C-2.

OMB Appeal CAV A/061/2017 - 17 Mississaga Street

 

 

-           Confidential Report from Legal Department,
April 20,  2017

 

 

Moved by Councillor O’Meara

 

1.

That the appeal  to the Ontario Municipal Board of Committee of Adjustment Decision CAV A/061/2017, 17 Mississaga Street, attached as Appendix B to the report dated April 20, 2017 from the Legal Department, be confirmed.

 

2.

That the action of the Town Solicitor or his designate in executing the Consent by the Owners/Applicants and by the Appellants to the allowing of the Appeal and the dismissal by the OMB of Application CAV A/061/2017 in its entirety also be confirmed.

                                                                                                               CARRIED

 

 

9.

Heritage Oakville Advisory Committee (April 25, 2017)

 

 

Moved by Councillor Hutchins

 

That the minutes of the Heritage Oakville Advisory Committee meeting of April 25, 2017, be received.

                                                                                                               CARRIED

 

 

 

RISE AND REPORT TO COUNCIL

 

Moved by Councillor Lapworth

 

That this committee rise and report.

 

                                                                                                               CARRIED

 

 

The Mayor arose and reported that the Committee of the Whole has met and made recommendations on Discussion Items 1, 2, 3, 4, 5, 6, 7 and 8, Confidential Discussion Items C-1 and C-2, and Advisory Committee Minutes Item 9, as noted by the Clerk.

 

 

Moved by Councillor Lishchyna        Seconded by Councillor Knoll

 

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

 

                                                                                                               CARRIED

 

 

CONSIDERATION AND READING OF BY-LAWS

 

Moved by Councillor Hutchins          Seconded by Councillor Chisholm

 

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

 

2017-039

A by-law to amend By-law 1990-109 regarding the designation of 1399 Lakeshore Road East (formerly 1409 Lakeshore Road East) as a property of historical, architectural and contextual significance.

 

2017-047

A by-law to declare that certain land is not subject to part lot control (Blocks 7 to 12, 14 to 17, and 21 to 24, all inclusive, Plan 20M-1175 – Wild Ginger Developments Inc.).

 

2017-048

A by-law to declare that certain land is not subject to part lot control (Blocks 6, 7, 8, 9 and 36, Plan 20M-1163 - Wild Ginger Developments Inc.)

 

2017-051

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

 

                                                                                                               CARRIED

 

 

 

 

ADJOURNMENT

 

 

The Mayor adjourned the meeting at 9:29 p.m.

 

 

 

 

 

                                                                                    ________________________________

                                                                                                        Kathy patrick

                                                                                                   ACTING TOWN CLERK