TWENTIETH Meeting - Regular Session
The Town of Oakville Council
met in regular session to consider planning matters on this 11th day
of September, 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 (Arrived at 7:30 p.m.)
- Allan
Elgar
- Dave
Gittings
- Marc
Grant
- Nick
Hutchins
- Jeff
Knoll
- Roger
Lapworth
- Natalia
Lishchyna
- Sean
O’Meara
- Ralph
Robinson
Staff - J.
Clohecy, Commissioner of Community Development
- M.
Simeoni, Director of Planning Services
- P.
Kelly, Acting Director of Development Engineering
- D.
Carr, Town Solicitor
- D.
St. George, Director of Economic Development
- G.
Charles, Senior Manager of Current Planning and
Urban
Design
- J.
Stephen, Senior Manager of Transportation Strategy
- D.
Childs, Manager of Policy Planning
- H.
Hecht, Manager of Current Planning – East District
- C. McConnell,
Manager of Current Planning – West District
- C.
Tizzard, Manager of Urban Design
- P.
Barrette, Senior Planner, Current Planning – West District
- T.
Collingwood, Senior Planner, Current Planning – East District
- L. Gill
Woods, Senior Planner, Policy Planning
- R. Thun,
Senior Planner, Current Planning – West District
- R.
Stormes, Economic Development Office
- J.
Kelemen, Urban Designer
- V.
Tytaneck, Town Clerk
- L. Morgan,
Council and Committee Coordinator
Declarations of Pecuniary Interest
No declarations of pecuniary interest were
declared.
Committee of the Whole
Moved by Councillor Lapworth Seconded
by Councillor Knoll
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 Stormwater Management Pond
(Block 384) within registered plan 20M-1085 be assumed by the Town; and
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2.
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That By-law 2017-066, a by-law to
assume a Stormwater Management Pond within Plan 20M-1085, be approved.
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CARRIED
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Moved by Councillor Hutchins
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That consideration of the application
(File No.: Z.1617.40) submitted by Memory Care Investments Oakville, to
remove the “H” Holding provision from 105 Garden Drive, be deferred to
the October 10, 2017 Planning and Development Council meeting.
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CARRIED
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Moved by Councillor Hutchins
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That Council pass By-law 2017-086, a
by-law to amend By-law 1998-273, a by-law to delegate to the Director of
Planning Services and to a committee of adjustment part of the authority
vested in Council with respect to the giving of consents pursuant to
sections 50 and 53 of the Planning Act.
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Dana
Anderson, MHBC Planning, on behalf of the applicant, providing background
information and advising that changes had been made to the application
following feedback received from the community, and that dialogue would
continue with staff and area residents in order to address issues and concerns.
- Micki
Clemens, re: concerns with respect to the design of the development, the façade,
building materials, loss of trees, green space and open vistas, setbacks,
rooftop terraces, close proximity to neighbouring properties, loss of privacy,
and requesting that the application not be approved.
- Robert
Mark, on behalf of neighbourhood residents, re: concerns with respect to the to
the site being outside of the designated Bronte Village growth area, the building
not fitting in with the character and design of adjacent townhouses and high
rise buildings, possible decreased property values, inadequate parking, safety
concerns, loss of privacy due to setbacks and rooftop terraces, noise issues,
density, unnecessary intensification, requesting that the application not be
approved; and filed a written submission.
- Ken
Moffat, on behalf of 169 owners of units at 2180 Marine Drive, re: concerns
with respect to the site being outside of the designated Bronte Village growth
area, inadequate parking, traffic congestion, increased street parking, unsafe
conditions, and requesting that if approved, the applicant be required to
comply with the parking requirements of the zoning by-law.
- John
Simpson, re: concerns with respect to the proposed building not being
compatible with the streetscape, non-conformance with front and side yard
setback criteria, density, requesting that the application not be approved; and
filed a petition.
- Shelley
Thornborrow, on behalf of the Bronte Village Residents Association (BVRA), re:
concerns with respect to the proposed development being outside of the
designated Bronte Village growth area, over intensification, density, safety
concerns, increased traffic congestion, impervious surfaces risking future
flooding and runoff, removal of trees, the need for further review and
reassessment, and requesting that the application be rejected in its current
form.
- Pat
Johnson, on behalf of residents of the townhouse complex west of the proposed
site, re: concerns with respect to the aesthetics of the building, the
negative impact on the streetscape, crowding, traffic congestion, water runoff;
and filed a written submission and petition.
- Bill
Boughner, re: concerns with respect to increased traffic congestion in an already
busy area, safety issues and concerns, and loss of the open green space in
front of 2220 Marine Drive.
- Marisa
Reggimanti, re: concerns with respect to the loss of the green space in front
of 2220 Marine Drive which serves as a front lawn for the residents.
The following
communication(s) were distributed at the meeting:
- (September 10, 2017) Ed and Sue Rempel
- (September 10, 2017) Lise and William Sargeant
- (September 10, 2017) Don and Marg McFarlane
- (September 10, 2017) Andrei Kepes
- (September 10, 2017) Karen and Alan Vaughan
- (September 11, 2017) Bogdan Cojocaru
- (September 11, 2017) Linda Brox
- (September 11, 2017) Harry and Linda Shea
- (September 11, 2017) R. H. Kemp
- (September 9, 2017) Arthur Laver and Brian Murphy
- (September 9, 2017) Peter and Jenefer Shaver
- (September 9, 2017) Mandy Best
- (September 8, 2017) Kathleen Margolese
- (September 8, 2017) George and Janice Hayhurst
- (Undated) Don and Darlene Cox
- (September 8, 2017) Laetitia Murray
- (September 7, 2017) Bernice and John Bartrem
- (August 28, 2017) Nevil Chalkley
- (August 26, 2017) Robert Regan
- (July 19, 2017) Petition - Residents of townhouse complex west
of the proposed site.
- (June 30, 2017) Louise Daniell
- (June 30, 2017) Steve MacDonald
- (June 28, 2017) Ann Sargent, Executive Director, Bronte BIA,
on behalf of the BIA
- (June 25, 2017) Louise Daniell
- (June 25, 2017) Edie Misiak
- (June 22, 2017) Linda Brox
- (June 20, 2017) Pauline Ponedel
- (May 25, 2017) Lyndsey Thomas
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Moved by Councillor Robinson
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That comments from the public with
respect to the Official Plan and Zoning By-law Amendment application by
1213763 and 1319399 Ontario Inc., File No.: OPA 1727.04 and Z.1727.04,
be received.
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CARRIED
The meeting recessed at 8:34 p.m. and
reconvened at 8:45 p.m.
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Zia
Maljk, re: concerns with respect to increased traffic, speeding, noise issues,
safety, loss of green space and trees, density, and possible devaluation of
surrounding properties.
- Rabab
Shoufony Amoum, re: concerns with respect to increased traffic, density, and
over population of the area.
- Martin
Sheikhan, re: concerns with respect to noise issues, increased traffic,
density, safety issues, and the need for parks and recreation facilities in the
area.
- Janusz
Brzek, re: concerns with respect to increased traffic congestion in a
relatively small area, street parking, safety issues, and density.
- Kevin
Gonnsen, Metropolitan Consulting Inc., on behalf of the applicant, advising
that a traffic study had been conducted and that he would continue working with
staff to address issues raised by the residents.
The following
communication(s) were distributed at the meeting:
- (August 30.2017) Nayyar Shabbar
- (June 26, 2017) Wendy So
- (Undated) Wei Chen, Xiaoyan Xiao and Henry Wen
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Moved by Councillor Knoll
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That comments from the public with
respect to the Zoning By-law Amendment application by DiCarlo Homes (File
Z.1413.31), be received.
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CARRIED
The following
communication(s) were distributed at the meeting:
- (September 8, 2017) Iman Farag and Ahmed Moussa
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Moved by Councillor Grant
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That comments from the public with
respect to the Official Plan Amendment application by 2433170 Ontario Inc.
(File No. OPA 1220.01), be received.
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CARRIED
BEYOND THE HOUR
Moved by Councillor Elgar
That this meeting proceed past
the hour of 10:00 p.m., but no later than 10:30 p.m.
CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Micki
Clemens, re: concerns with respect to the staff report being silent on a
number of issues including privacy, enhanced design, and rooftop terraces being
built below high-rise buildings, loss of privacy, noise issues, and suggesting
that staff conduct further in depth research and additional public
consultations.
- Janet Haslett-Theall,
on behalf of Joshua Creek Residents Association, re: concerns with respect to the
proposed zoning regulations not protecting stable residential neighbourhoods,
invasion of privacy, loss of spaciousness, and requesting that additional public
consultation be undertaken.
- Don Cox,
on behalf of Coronation Park Residents Association, re: concerns with respect
to the proposed zoning regulations, invasion of privacy, and requesting that
balconies and rooftop terraces not be allowed in -O Suffix Zones.
The following
communication(s) were distributed at the meeting:
- (September 11, 2017) Debra Curran, President, HSCC, on behalf
of Windermere Manor
- (September 6, 2017) Jaqueline Sinkovich
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Moved by Councillor Lapworth
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1.
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That the findings of the Study of
Zoning Regulations for Rooftop Terraces and Balconies be received; and
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2.
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That comments from the public with
respect to the Study of Zoning Regulations for Rooftop Terraces and
Balconies being undertaken by the Town of Oakville, be received.
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CARRIED
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Moved by Councillor Elgar
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That the Director of Planning Services
be authorized to grant draft plan approval to the Draft Plan of Standard
Condominium (24CDM-17004/1431) submitted by New Horizon Development Group
(Mint), Inc., prepared by A.T. McLaren Ltd., dated February 14, 2017,
subject to the conditions contained in Appendix D of the report dated
August 21, 2017, from the Planning Services department.
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CARRIED
Waiving
of Procedure
Moved by Councillor Lishchyna
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 Lishchyna
That this meeting proceed
beyond the hour of 10:30 p.m.
CARRIED
The following person(s) made an
oral submission:
- Karen
Bennett, Glen Schnarr & Associates Inc., representing Algonquin Power &
Utilities Corp. and Davis Road L.P., owners of the land at 354 Davis Road,
re: concerns with respect to the negative impact the proposed road pattern
would have on the property making it impossible for existing businesses to
survive, requesting that the matter be deferred so that meetings may be held
with the town and the Ministry of Transportation (MTO) to resolve access issues
and other concerns; and filed a written submission.
- Simon Fung, O’Connor MacLeod Hanna LLP, on behalf of Marmar
Investments Ltd., re: concerns with respect to the negative effect the road
expansion would have on the property located at 1090 South Service Road which
would disrupt the businesses likely resulting in the closing of the operation,
and requesting that a revision be made to the road network in order to reduce
the impact to the property.
- Robert Ackerman, Ackerman Law Office, representing 1539059
Ontario Inc. and M. Edward Powell Insurance Brokers Ltd., the owners of 349 Davis
Road, re: concerns with respect the proposed Cross Avenue extension and the
resulting disruption to the businesses located on the property, and requesting
that the Official Plan Amendment be reconsidered as it relates to the Cross
Avenue extension, east of Trafalgar Road.
- Bruce Thom, Emree Argus Limited, re: concerns with respect to
the change to the local road pattern, specifically Argus Road, which would
reduce the value of the properties on Argus Road to zero, and requesting that
the matter be deferred.
The following
communication(s) were distributed at the meeting:
- (September 11, 2017) Michael Baker, President, Embee Argus
- (September 11, 2017) Robert Miller, Scargall Owen-King LLP, on
behalf of Algonquin Power & Utilities Corp. and Davis Road L.P.
- (September 11, 2017) Yurij Michael Pelech, Bessant Pelech
Associates Inc., Development Planning + Project Management Consultants, on
behalf of 2306803 Ontario Ltd.
- (September 11, 2017) John B. Corbett, President, Corbett Land
Strategies Inc., on behalf of 1539059 Ontario Inc. and M. Edward Powell
Insurance Brokers
- (September 11, 2017) Simon Fung, O’Connor MacLeod Hanna LLP,
on behalf of Marmar Investments Ltd.
- (August 30, 2017) Michael Baker, President, Embee Argus
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Moved by Councillor Hutchins
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1.
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That the proposed town-initiated
official plan amendment (File No. 42.25.004, Midtown Oakville and
Transportation Network Updates) be approved;
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2.
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That By-law 2017-082, a by-law to adopt
an amendment to the Livable Oakville Plan be passed;
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3.
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That notice of Council’s decision
reflect that the comments from the public have been appropriately
addressed; and
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4.
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That a new appendix to the Livable
Oakville Plan, Midtown Oakville and Area Transportation Network, be
provided for descriptive purposes only to consolidate transportation
network information from the Plan’s existing schedules, as amended, as well
as the Midtown Oakville Class Environmental Assessment Study.
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CARRIED
The following person(s) made an
oral submission:
- David
Bazar, on behalf of Steel Matrix Inc., re: concerns with respect to being
unable to access a settlement/agreement between the town and the previous owner
of his property, and expressing support for the proposal.
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Moved by Councillor Adams
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That the Brownfield Redevelopment
Strategy, outlined in the August 28, 2017 report from the Economic
Development and Planning Services departments, be endorsed and used as the
basis for the preparation of the Community Improvement Plan and
implementation.
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CARRIED
CLOSED SESSION
Moved by Councillor Elgar
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 11:38 p.m.
Committee resolved back into open session at 11:45 p.m.
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Moved by Councillor Chisholm
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That the Town Solicitor be instructed
to proceed as set out in the confidential report from the Legal department,
dated August 22, 2017.
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CARRIED
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RISE AND REPORT TO COUNCIL
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Moved by Councillor Robinson
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, Public Hearing Items 4, 5, 6 and 7, Discussion Items 8, 9 and 10, and Confidential
Discussion Item C-1, as noted by the Clerk.
Moved by Councillor Gittings Seconded
by Councillor Knoll
That the report and
recommendations of the Committee of the Whole be approved.
CARRIED
Councillor O’Meara encouraged the members
to support the upcoming Terry Fox Run and the ‘Hope in High Heels’ walk in
support of Halton Women’s Place.
Moved by Councillor Lishchyna Seconded
by Councillor Grant
CARRIED
The
Mayor adjourned the meeting at 11:48 p.m.
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VICKI TYTANECK
TOWN
CLERK