THIRTEENTH Meeting - Regular Session
The Town of Oakville Council
met in regular session to consider planning matters on this 12th day
of June, 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
- 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
- D.
Lambert, Director of Development Engineering
- J.
Barry, Director of Municipal Enforcement
- J.
Courtemanche, Director of Strategy, Policy and Communications
- D.
St. George, Director of Economic Development
- N.
Sully, Deputy Treasurer and Director of Financial Planning
- J.
Tutert, Director of Building Services
- D.
Carr, Town Solicitor
- D.
Childs, Manager of Policy Planning
- H.
Hecht, Manager of Current Planning – East District
- C.
McConnell, Manager of Current Planning – West District
- P.
Barrette, Senior Planner, Current Planning – West District
- K. Biggar,
Senior Planner, Policy Planning
- T.
Collingwood, Senior Planner, Current Planning – East District
- R. Thun,
Senior Planner, Current Planning – West District
- K. Flood,
Heritage Planner
- K.
Patrick, Acting Town Clerk
- L. Morgan,
Council and Committee Coordinator
Regrets: Councillor - Marc Grant
Declarations of Pecuniary Interest
Councillor Hutchinson declared a pecuniary interest
regarding Item 10 – Residential Rental Considerations, on the November 7, 2016
Administrative Services Committee agenda, which was considered by Council at
its regular session on November 14, 2016, as he operates an apartment unit.
Committee of the Whole
Moved by Councillor O’Meara Seconded
by Councillor Duddeck
That this meeting proceed into
a Committee of the Whole session.
CARRIED
In accordance with Section 3.2(1) of the
Procedure By-law, the items were considered out of order.
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Moved by Councillor Lishchyna
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1.
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That the Stormwater Management Pond
(Block 408) within registered plan 20M-805 be assumed by the Town; and
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2.
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That By-law 2017-044, a by-law to
assume a Stormwater Management Pond within Plan 20M-805 be approved.
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CARRIED
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Moved by Councillor Lishchyna
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1.
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That the Subdivision Agreement between
the Town and Pendent Developments Limited be approved and the Town
Solicitor be authorized to make minor changes to the Agreement, which do
not affect the substance of the Agreement; and
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2.
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That the agreement with Pendent
Developments Limited be executed in accordance with By-law 2013-057.
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Leslie
Drew, re: concerns with respect to safety issues due to a school bus stop
located adjacent to Wilmot Crescent, maintenance and construction vehicles parking
along Wilmot Crescent reducing the road width to one lane and inhibiting the
view of oncoming property, and requesting that construction vehicles park only
on Burloak Drive and that access to the site be provided from Burloak Drive
only.
- Avril
Kirek, re: concerns with respect to the number of homes being constructed on
the site adjacent to her property and traffic congestion on the street.
- Robert
Ciccanti, on behalf of residents on Wilmot Crescent and Burloak Drive, re:
concerns with respect to the oversized lot on the site which could be
subdivided in the future causing more construction and further traffic problems.
- Tom
Jachymek, re: concerns with respect to water drainage on the site, and the
number of houses that may be constructed in the future.
- Erik
Mirtson, on behalf of the developer, advising that a catch basin would be
installed to mitigate drainage problems on the site, construction access would
be from Burloak Drive, not Wilmont Crescent, and that the large lot would not
be severed.
- Bilal
Khanane, on behalf of Sabrina Homes, confirming that the larger lot on the site
would not be severed and that consideration would be given to the traffic
issues and concerns expressed by the delegations.
The following
communication(s) were distributed at the meeting:
- (May 29, 2017) Wilmot/Burloak Group Submission containing 27
names
- (June 9, 2017) Leslie and William Drew
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Moved by Councillor O’Meara
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That comments from the public with
respect to the Zoning By-law Amendment and Draft Plan of Subdivision
application by the Sabrina Homes (Burloak Acquisitions) Inc., File No.
Z.1735.12 and 24T-17002/1735, be received.
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Simon
Fung, O’Connor MacLeod Hanna LLP, on behalf of 10 property owners on Speers
Road, re: concerns with respect to the statement in the draft amendment
referring to decreased industrial and manufacturing growth, indicating that
many of his clients have operated their businesses on Speers Road for decades
and feel that the proposed language would have a negative effect on their land
use rights and may put them at risk in the future, requesting that manufacturing
and industrial uses be protected in employment areas and on Speers Road, and
that the language be removed; and filed a submission.
The following
communication(s) were distributed at the meeting:
- (June 12, 2017) Simon Fung, O’Connor MacLeod Hanna LLP,
on behalf of Bot Holdings Limited and Bot Construction (Canada) Limited
- (June 12, 2017) Simon Fung, O’Connor MacLeod Hanna LLP,
on behalf of Valley Creek Inc.
- (June 12, 2017) Simon Fung, O’Connor MacLeod Hanna LLP,
on behalf of Allcolour Paint Limited
- (June
12, 2017) Mark Flowers, Professional Corporation, Davies Howe Land Development
Advocacy & Litigation, on behalf of ClubLink Corporation ULC and ClubLink
Holdings Limited
- (June
12, 2017) Kimberly Beckman, Davies Howe Land Development Advocacy &
Litigation, on behalf of North Oakville East Landowners Group
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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 town-initiated draft Official Plan Amendments to the Livable
Oakville Plan and the North Oakville East and West Secondary Plans (File
No. 42.15.52) 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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5.
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Public Meeting Report, Official Plan Amendment, Zoning By‑law
Amendment, Draft Plan of Subdivision and Draft Plan of Condominium, East
Sovereign GP Inc. 2286, 2296 & 2298 Sovereign Street & 124, 126 &
128 East Street, File No. OPA 1728.62, Z.1728.62, 24T-17001/1728 and
24CDM-17001/1728, northwest corner of Sovereign Street and East Street
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Report from Planning Services Department,
May 19, 2017
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For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Catherine
Ann Marshall, re: concerns with respect to the density, massing, scale and
setback of the development and how it relates to existing homes in the area and
the possibility of setting a precedence for future growth; and filed a
submission.
- Chris
Little, re: concerns with respect to density, massing, scale and setback of
the development.
- Harry
Shea, on behalf of Bronte Village Residents Association (BVRA), re: concerns
with respect to increased density, setback, traffic and safety issues, loss of
trees, and the negative impact on the character and charm of the area.
- Linda
Sanelli, re: concerns with respect to safety issues for public school children
walking to the nearby school, traffic congestion, as well as massing, density
and scale.
- Glenn
Wellings, Wellings Planning Consultants Inc., on behalf of the applicant, indicating
that the number of units have been reduced from 25 to 20 units, number of
driveways have been reduced, common elements have been screened from the public
realm, advising that the development falls within the official plan guidelines
and that the applicant plans to continue to work with staff and residents to
address their concerns; and responding to questions from the members.
The following
communication(s) were distributed at the meeting:
- (May 24, 2017) Patricia Lazzarotto
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Moved by Councillor O’Meara
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That comments from the public with
respect to the Official Plan Amendment, Zoning By-law Amendment, Draft Plan
of Subdivision and Draft Plan of Condominium applications by East Sovereign
GP Inc. (File Nos. OPA 1728.62, Z.1728.62, 24T‑17001/1728 and
24CDM-17001/1728), be received.
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CARRIED
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Moved by Councillor Adams
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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 application
by Ahmed Holdings, (File No. Z.1411.25) be approved;
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3.
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That By-law 2017-040 be passed; and
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4.
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That notice of Council’s decision
reflects that the comments from the public have been appropriately
addressed.
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CARRIED
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Moved by Councillor Duddeck
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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
(File No. 24CDM-16001/1617) submitted by Fernbrook Homes (Rebecca) Ltd.,
prepared by J. D. Barnes Limited, dated May 3, 2016, subject to the
conditions contained in Appendix ‘C’ attached to the staff report dated May
19, 2017, from Planning Services department; and
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2.
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That the Town Solicitor be authorized
to provide a release of the easement previously taken over Parts 2, 4, and
5 on Plan 20R-17995 that was registered as Instrument No. HR742413.
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CARRIED
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8.
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Infill Development - By-law 2017-007 and By-law 2017-008
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Report from Building Services Department,
Municipal Enforcement Department, and Development Engineering Department,
June 12, 2017
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Memorandum from Municipal Enforcement
Services Department, June 12, 2017 (Distributed
at meeting.)
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The following person(s) made an
oral submission:
- Art
Hampson, re: concerns with respect to the condition of the lawn on the property
across the street from his home, questioning how the lawn was able to grow to
30 inches in height without the town intervening, suggesting that the proposed
fines be increased to $1,000 for the first infraction, $2500 for the second,
and $5000 for the third.
- Kim
McKinney, re: concerns with respect to the condition of the lawns on properties
with vacant homes and questioning why the fine was only $100, and encouraging
the town to deal with this problem.
- Don
Harvey, re: concerns with respect to the condition of the vacant property on
Stephenson Road, west of his home, the length of time it takes the town to
respond to complaints, and requesting that consideration be given to increasing
the amount of the proposed fine.
- Roseanna
DellaPena, re: concerns with respect to the condition of some of the lawns
even after they have been cut, the number of vacant properties and requesting
that the amount of the proposed fine be increased.
- Ken Mann,
re: concerns with respect to the condition of the lawns on occupied properties
as well vacant properties, suggesting that after the new by-law has been in
place for a year, the town consider implementing a photo radar system to take
photos of offending lawns and employ students to cut the grass and have the
amount added to the property owner’s tax bill.
BEYOND THE HOUR
Moved by Councillor Hutchins
That this meeting proceed past
the hour of 10:00 p.m., but no later than 10:30 p.m.
CARRIED
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Moved by Councillor Gittings
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1.
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That information presented in the June
12, 2017 report from the Municipal Enforcement, Building Services and
Development Engineering departments on negative impacts from infill housing
be received;
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2.
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That a new fee for a contractor’s
vehicle temporary parking permit listed in Appendix A to the report from
the Municipal Enforcement, Building Services and Development Engineering
departments, dated June 12, 2017, be approved, effective immediately, and
such fees be included in the 2017 Rates and Fees schedules;
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3.
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That a new fee for second and subsequent
lot maintenance orders listed in Appendix B to the report from the
Municipal Enforcement, Building Services and Development Engineering
departments dated June 12, 2017, be approved, effective immediately, and
such fees be included in the 2017 Rates and Fees schedules;
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4.
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That By-law 2017-007, being a by-law to
regulate the accumulation of refuse and debris on land, the use of land for
wrecking, salvaging motor vehicles and prohibit the placement of graffiti
on property be approved as revised; and
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5.
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That By-law 2017-008, being a by-law to
prescribe standards for the maintenance and occupancy of property, be
approved.
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CARRIED
UNANIMOUSLY
on
a recorded vote,
Council
voting as follows:
Recorded Vote
Yeas Nays
Councillor Lishchyna
Councillor Adams
Councillor Knoll
Councillor Lapworth
Councillor Elgar
Councillor Hutchins
Councillor Gittings
Councillor Chisholm
Councillor Duddeck
Councillor Robinson
Councillor O’Meara
Mayor Burton
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Moved by Councillor Gittings
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1.
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That the appeal to the Ontario
Municipal Board of Committee of Adjustment Decision CAV A/070/2017132
Caulder Drive, be confirmed;
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2.
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That the Town Solicitor or his designate
be authorized to pursue this appeal of COA Decision CAV A/070/2017 in
accordance with the position set out in Appendix C attached to the report
dated May 4, 2017, from the Legal department; and
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3.
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That, 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 May 4, 2017, from the
Legal department.
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CARRIED
The following person(s) made an
oral submission:
- Chris
Stoate, re: concerns with respect to the possible loss of the Glen Abby Golf
Course, its economic benefit, the prestige it brings to the Town of Oakville, and
questioning the economic performance data as provided by ClubLink; and filed a
submission.
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Moved by Councillor Hutchins
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That the Glen Abbey Land Use Economic
Impact Study by PricewaterhouseCoopers Real Estate Inc. (PwC), and the
Fiscal Impact Assessment for the Proposed Redevelopment of Glen Abbey Golf
Course by Watson & Associates Economists Ltd., be received.
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CARRIED
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Moved by Councillor Gittings
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That the minutes of the Livable Oakville
(Official Plan Review) Council Sub‑committee meeting of May 15, 2017,
be received.
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CARRIED
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Moved by Councillor Gittings
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That the property at 132-136 Dunn
Street be removed from the Oakville Register of Properties of Cultural
Heritage Value or Interest.
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CARRIED
Waiving
of Procedure
Moved by Councillor Gittings
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 Gittings
That this meeting proceed beyond
the hour of 10:30 p.m.
CARRIED
The following person(s) made an
oral submission:
- Patricia
Whately, re: the application pertaining to Item 6e – 68-70 Navy Street – New
Additions, requesting that during the landscaping process, the soil level be
raised to prevent water runoff from flooding the basement of her house located
adjacent to the property.
- Matthew
Clarke and Bahareh Ghadaki, re: the application pertaining to Item 6c – 326
Reynolds Street – Proposed Window Replacement, advising that they wished to
replace the windows in the home with new energy efficient windows that would be
consistent in design and style with the existing windows, as restoring the existing
windows would only increase the efficiency by 20 to 30 percent; and asking if
some form of compromise might be reached.
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Moved by Councillor Chisholm
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That consideration of Item 6c – Heritage Permit Application HP013/17-42.20R - 326 Reynolds
Street - Proposed Window Replacement, as attached in Appendix B to the
report dated May 16, 2017, from Planning Services, be deferred to the June
27, 2017 Heritage Oakville Advisory Committee meeting.
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CARRIED
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Moved by Councillor Hutchins
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That the following recommendation
pertaining to Items 6d, e, and f of the Heritage Oakville Advisory Committee
minutes from its meeting on May 30, 2017, be approved and the remainder of the
minutes be received, subject to the separation of Item 6c as noted above:
6.d. Heritage Permit Application HP015/17-42.20B - 114 Balsam
Drive - Relocation of Heritage Building/Severance of New Building Lot
- Report from Planning Services Department, May 16, 2017
1. That Heritage Permit Application HP015/17-42.20R for the
relocation of the Wass Residence at 114 Balsam Drive on the existing lot, as
attached in Appendix B to the report dated May 16, 2017 from Planning
Services, be approved subject to the following conditions:
a. That the property owner enter into a heritage easement
agreement with the Town prior to the relocation of the house in order to
ensure the protection of the heritage building;
b. That a Restoration and Relocation Plan for the heritage
building be approved by Heritage Planning staff and included in the heritage
easement agreement;
c. 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
Manager of Policy Planning and Heritage; and
d. That the future site plan associated with the proposed
development of the severed lot be referred back to the Heritage Oakville
Advisory Committee as part of the review process;
2. That this heritage permit expire three years from the date
of final approval by Council; and
3. That a Notice of Intention to Amend heritage designation
By-law 1988-77 be issued to correct the legal description and update the
heritage attributes, following the successful relocation of the heritage
building on the site.
6.e. Heritage Permit Application HP014/17-42.20N - 68-70 Navy
Street - New Additions
- Report from Planning Services Department, May 16, 2017
1.
That Heritage Permit Application
HP014/17-42.20N for the construction of new additions to 68 and 70 Navy
Street, as attached in Appendix B to the report dated May 16, 2017 from
Planning Services, be approved subject to the following conditions:
a. Details for windows, doors, siding and stucco shall be
submitted to heritage planning staff for final approval prior to
installation; and
b. That any lakestone removed from the property will be re‑used
as a facing for the new foundation and any remaining stone made available as
salvage; and
2. That this heritage permit expire two years from the date of
final approval by Council.
6.f. Heritage Permit Application HP011/17-42.20F - 49 First
Street - Proposed Severance and Addition to Existing Residence
- Report from Planning Services Department, May 23, 2017
1.
That Heritage Permit Application
HP011/17-42.20F for lot severance and new addition at 49 First Street, as
attached in Appendices B and C to the report dated May 23, 2017 from Planning
Services, be refused as presented; and
2. That the applicants be advised to consider the suggestions
set out in this report if the applicants wish to further pursue their
proposal and revise and re-submit their application accordingly.
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CARRIED
CLOSED SESSION
Moved by Councillor Duddeck
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, Glen Abbey
Verbal Update.
CARRIED
Committee resolved into closed session at 10:37 p.m.
While in closed session, the meeting recessed at 10:37
p.m. and reconvened at 10:41 p.m.
Committee resolved back into open session at 11:00 p.m.
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Moved by Councillor Robinson
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That the confidential verbal update
from the Legal Department regarding Glen Abbey be received.
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CARRIED
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 Consent Items 1
and 2, Public Hearing Items 3, 4 and 5, Discussion Items 6, 7, 8, 9, 10 and 13,
Confidential Discussion Item C-1, and Advisory Committee Minutes Items 11 and
12, as noted by the Clerk.
Moved by Councillor O’Meara Seconded
by Councillor Knoll
That the report and
recommendations of the Committee of the Whole be approved.
CARRIED
Moved by Councillor Elgar Seconded
by Councillor Lishchyna
CARRIED
The
Mayor adjourned the meeting at 11:04 p.m.
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Kathy patrick
ACTING
TOWN CLERK