FOURTH Meeting - Regular Session
The Town of Oakville Council
met in regular session to consider planning matters on this 12th day
of February, 2018 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
- Ralph Robinson
Staff: - J.
Clohecy, Commissioner of Community Development
- D.
Carr, Town Solicitor
- D.
Perlin, Assistant Town Solicitor
- M.
Simeoni, Director of Planning Services
- P.
Kelly, Acting Director of Development Engineering
- D.
Childs, Manager of Policy Planning and Heritage
- C.
McConnell, Manager, Current Planning West District
- C.
Tizzard, Manager, Urban Design
- K.
Biggar, Senior Planner
- P.
Barrette, Senior Planner - West District
- S.
Schappert, Heritage Planner
- K. Patrick,
Acting Town Clerk
- N. Fiorentino,
Council and Committee Services Coordinator
Declarations of Pecuniary Interest
Councillor Lapworth declared a pecuniary interest in Item 9:
Legal Context for Town Process and Decision on ClubLink’s Application for
Demolition and Removal under section 34 of the Ontario Heritage Act – 1313 and
1333 Dorval Drive, Item 10: Application for Demolition and Removal under
section 34 of the Ontario Heritage Act – 1313 and 1333 Dorval Drive, Oakville,
and Item 13: Special Heritage Oakville Advisory Committee minutes of
February 6, 2018, Items 4 a and b, as one of his income
tax clients is an employee of Glen Abbey Golf Course.
Committee of the Whole
Moved by Councillor Hutchins Seconded
by Councillor O’Meara
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.
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
Peter J. Higgins, Peter Higgins
Architect Inc., re: requesting support for the proposal to permit a variance to
increase the residential floor area ratio of 305 Felan Avenue noting that no
letters of objection from area neighbours were received, the roof size on the
south side has been reduced since the Committee of Adjustment meeting, the
garage and side yard setbacks have also been pulled back, and the four foot
knee wall on the second floor is accounted for when calculating the floor area
ratio thereby increasing it to 47.6%.
Consideration of this item was continued
following Item 4.
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Moved by Councillor Elgar
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1.
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That the assumption of Registered Plan
20M-997 be approved.
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2.
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That By-law 2018-002 a by-law to assume
public works and streets within Plan 20M-997, be approved.
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CARRIED
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Moved by Councillor Elgar
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1.
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That the assumption of Registered Plan
20M-1009 be approved.
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2.
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That By-law 2018-007 a by-law to assume
public works and streets within Plan 20M-1009, be approved.
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CARRIED
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Moved by Councillor Elgar
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1.
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That the assumption of Registered Plan
20M-1014 be approved.
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2.
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That By-law 2018-008 a by-law to assume
public works and streets within Plan 20M-1014, be approved.
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CARRIED
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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/113/2017, 435
Sumner Avenue, attached as Appendix B to the report, be confirmed.
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2.
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That the proposed Minutes of Settlement
attached as Appendix D to the report be approved and the Town Solicitor or
his designate be authorized to execute same on behalf of the Town.
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3.
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That the Committee of Adjustment
Application Fee be reimbursed to the new Owner/Applicant upon completion of
the purchase of 435 Sumner Avenue for the Second Application to the
Committee of Adjustment respecting the New Design and Reduced Variance
Request as part of the proposed Minutes of Settlement after the Second
Application is finally approved and the original Application CAV A/113/2017
is dismissed in its entirety.
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CARRIED
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Moved by Councillor O’Meara
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1.
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That the appeal to the Ontario
Municipal Board of Committee of Adjustment Decision CAV A/161/2017, 2450
Meadowood Crescent, be confirmed.
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2.
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That the Minutes of Settlement for the
Appeal attached as Appendix E to the report be approved and the Town
Solicitor or his designate be authorized to execute those Minutes of
Settlement on behalf of the Town.
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CARRIED
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Moved by Councillor O’Meara
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1.
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That the report respecting the appeal
to the Ontario Municipal Board of Committee of Adjustment Decision CAV
A/181/2017, 428 Samford Place, be received.
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2.
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That the Proposed Minutes of Settlement
for the Appeal attached as Appendix B to the report be approved and the
Town Solicitor or his designate be authorized to execute those Minutes of
Settlement on behalf of the Town.
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3.
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That the Committee of Adjustment
Application fees be reimbursed for the Second Application to The Committee
of Adjustment respecting the Revised Design and Reduced Variance Request as
part of the approved Minutes of Settlement.
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
Diane Burton, re: not supporting the
proposed Official Plan Amendments for the North Oakville East and West
Secondary Plans citing the 2008/2009 Plans for north Oakville put in place
after significant public consultation and consideration of the natural heritage
system. Ms. Burton further added that she does not support the density growth
with the North Oakville Secondary Plans, is concerned about the impacts to
natural heritage systems, and further that Council should delay decision on
this matter and ask Oakville residents on this issue in the 2018 municipal
election.
The following
communication(s) were distributed at the meeting:
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(February 12, 2018), Rosemarie L. Humphries,
Humphries Planning Group Inc.
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(February 12, 2018), Kimberly L. Beckman, Davies
Howe Land Development Advocacy and Litigation
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(February 12, 2018), Russell D. Cheeseman,
Barrister and Solicitor
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(February 12, 2018), Scott Snider, Turkstra
Mazza
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(February 12, 2018), Emma West, Bousfields Inc.
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(February 12, 2018), Louis Tinker, Bousfields
Inc.
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(February 12, 2018), Don Given, Malone Given
Parsons Ltd.
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(February 12, 2018), David Capper, Glen Schnarr
and Associates Inc.
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(February 01, 2018), James Xu
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(January 30, 2018), Yuning Wu and Fenghai Sui
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Moved by Councillor Knoll
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That comments from the public with
respect to the town-initiated proposed Official Plan Amendments to the
North Oakville East Secondary Plan and the North Oakville West Secondary
Plan (File No. 42.15.56) be received.
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CARRIED
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C-4.
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OMB Appeal - CAV A/198/2017 - 305
Felan Avenue
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Confidential Report from Legal Department,
January 30,
2018
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Moved by Councillor Chisholm
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1.
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That the appeal to the Ontario
Municipal Board of Committee of Adjustment Decision CAV A/198/2017, 305
Felan Avenue, be confirmed.
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2.
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That the amendments to the application
proposed by the applicant to Council on February 12, 2018 be approved.
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3.
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That the OMB be requested to allow the
appeal in part and approve the application as so amended.
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4.
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That Minutes of Settlement to this
affect be prepared and the Town Solicitor or his delegate be authorized to
execute those Minutes of Settlement.
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CARRIED
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Moved by Councillor Duddeck
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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 submitted by Halton Catholic District School Board (File No.
Z.1618.24), be approved;
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3.
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That By-law 2018-011 an amendment to
Zoning By-law 2014-014, be passed;
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4.
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That By-law 2018-014 (Deeming By-law)
be passed to merge Lots 4, 5, 6, 7 and Block ‘A’ and B on Registered Plan
552 with Part of Lot 17, Concession 3 Trafalgar SDS, and part of Lots 8 and
9, Plan 190, as in 783271, save and except Parts 1, 2 and 3 on Plan
20R-18286 in accordance with subsection 50(4) of the Planning Act
and staff be directed to register the by-law on title of the subject lands;
and,
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5.
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That the respective notices of
Council’s decisions reflect that Council has fully considered all of the
written and oral submissions relating to these matters and that those
comments have been appropriately addressed.
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CARRIED
The following
communication(s) were distributed at the meeting:
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(February 10, 2018), Darlene and Bruce McAulay
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Moved by Councillor Hutchins
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1.
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That the proposed town-initiated zoning
by-law amendment (File No. 42.25.18, Rooftop Terraces) be approved on the
basis that it is consistent with the Provincial Policy Statement, conforms
to all applicable Provincial Plans, the Region of Halton Official Plan and
the Livable Oakville Plan, has regard for matters of Provincial interest,
and represents good planning for the reasons set out in the report from the
Planning Services department dated January 22, 2018;
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2.
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That By-law 2018-017, a by-law to amend
Zoning By-law 2014-014 to make modifications to Rooftop Terrace Regulations
affecting all Zones, be passed; and
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3.
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That the notice of Council’s decision
reflect that Council has fully considered all of the written and oral
submissions relating to this matter and that those comments have been
appropriately addressed.
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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
Waiving
of Procedure
Moved by Councillor Elgar
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 Elgar
That this meeting proceed
beyond the hour of 10:30 p.m.
CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
Sheldon Levitt, Quadrangle
Architects, re: supporting the recommendation regarding 2477 Old Bronte Road
and its removal from the Oakville Register of Properties of Cultural Heritage
Value or Interest, and not supporting the recommendation respecting the notice
of intention to designate 2467 Old Bronte Road. Mr. Levitt noted that the
applicant is willing to incorporate heritage attributes to the site that
commemorate Palermo and that the proposed building is in keeping with the
zoning and site requirements.
Graeme Stewart, ERA Architects,
re: the heritage impact assessment of both 2467 and 2477 Old Bronte Road that
was conducted by ERA Architects which is a heritage firm, noting that while the
two properties are a certain age and have a relationship to Palermo Village,
due to their altered and modified context, and their lack of similarities in
terms of heritage themes within the neighborhood, they do not merit designation
under Part IV of the Ontario Heritage Act.
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Moved by Councillor Gittings
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That a Notice of Intention to Designate
be issued under Part IV, Section 29 of the Ontario Heritage Act for
the property at 2467 Old Bronte Road.
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CARRIED
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Moved by Councillor Gittings
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That the property at 2477 Old Bronte
Road be removed from the Oakville Register of Properties of Cultural
Heritage Value or Interest.
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CARRIED
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Moved by Councillor Elgar
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1. That the Legal report “Legal Context for Town Process and
Decision on ClubLink’s Application for Demolition and Removal under section
34 of the Ontario Heritage Act – 1313 and 1333 Dorval Drive”, dated
January 29, 2018, be received.
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2. That Town Council confirms:
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a) its decision on this application is subject to court order and
pending court proceedings, and, further, under the court order, any appeal
to the Ontario Municipal Board from the Town’s decision will not proceed
until after the final determination of the court proceedings, and only if
the property owner is successful at court.
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b)
Town Council’s consideration of and response
to this application under section 34 of the Ontario Heritage Act
concerns its heritage and planning merits, and are without prejudice to the
Town’s position that the application is not a valid section 34 application,
as described in pending court proceedings, scheduled to be heard by
the court in July 2018.
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CARRIED
UNANIMOUSLY
on
a recorded vote,
Council
voting as follows:
(Councillor Lapworth
declared a pecuniary interest on this item and did not vote.)
Recorded Vote
Yeas Nays
Councillor Lishchyna
Councillor Adams
Councillor Grant
Councillor Knoll
Councillor Elgar
Mayor Burton
Councillor Hutchins
Councillor Gittings
Councillor Chisholm
Councillor Duddeck
Councillor Robinson
Councillor O’Meara
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
Neil Huddlestone, re: supporting the staff recommendation to refuse the
application for demolition and removal of the existing golf course under
Section 34 of the Ontario Heritage Act for 1313 and 1333 Dorval Drive,
Oakville.
Bill
McKinlay, re: supporting the staff recommendation to refuse the application for
demolition and removal of the existing golf course under Section 34 of the Ontario
Heritage Act for 1313 and 1333 Dorval Drive, Oakville; and filed a written
submission.
Renato
Discenza, re: supporting the staff recommendation to refuse the application for
demolition and removal of the existing golf course under Section 34 of the Ontario
Heritage Act for 1313 and 1333 Dorval Drive, Oakville.
The following
communication(s) were distributed at the meeting:
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(February 12, 2018), Jon Colligan
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(February 12, 2018), Mark Conzelman
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(February 12, 2018), Gary Mark
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(February 12, 2018), Mark Steiman
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(February 12, 2018), Shelli Fisico
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(February 12, 2018), Angela Parsons
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(February 12, 2018), Joe Brandt
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(February 12, 2018), Mark Flowers, Davies Howe
Land Development Advocacy and Litigation
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(February 5, 2018), Mark Flowers, Davies Howe
Land Development Advocacy and Litigation
Mayor Burton passed the Chair to
Councillor Cathy Duddeck, Acting Mayor.
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Moved by Mayor Burton
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That the application seeking consent
under section 34 of the Ontario Heritage Act to the
demolition/removal of the existing golf course at 1313 and 1333 Dorval
Drive in its entirety, other than the RayDor Estate house and the main
stable building and two adjacent sheds, be refused based on Town review of
its heritage and planning merits.
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CARRIED
UNANIMOUSLY
on
a recorded vote,
Council
voting as follows:
(Councillor Lapworth
declared a pecuniary interest on this item and did not vote.)
Recorded Vote
Yeas Nays
Councillor Lishchyna
Councillor Adams
Councillor Grant
Councillor Knoll
Councillor Elgar
Mayor Burton
Councillor Hutchins
Councillor Gittings
Councillor Chisholm
Councillor Duddeck
Councillor Robinson
Councillor O’Meara
Mayor Burton resumed the Chair at 10:25 p.m.
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Moved by Councillor Hutchins
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That the minutes of the Livable Oakville
(Official Plan Review) Council Sub-committee meeting of January 15, 2018, be
received.
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
Alex Temporale, ATA
Architects, agent on behalf of applicant, re: revisions made to heritage
permit application regarding 21 Thomas Street to further support heritage
attributes and merits and seeking approval to enable the commencement of
construction on site.
Ted Baker, owner of 21 Thomas
Street, re: his respect and experience with heritage homes and ensuring that
landscaping is maintained, seeking approval to the revised application
submitted to further support heritage attributes of the property and seeking
approval to enable the commencement of construction on site as soon as possible
to accommodate family commitments, and filed a written submission.
The following
communication(s) were distributed at the meeting:
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(February 5, 2018), Allan Mertin and Diczs Teore
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(February 2, 2018), John L. Easson
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(February 2, 2018), Anne Stewart
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Moved by Councillor Duddeck
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1. That Heritage Permit Application HP061/17-42.20T for the
construction of a new 1-storey addition, and a small rear yard deck at 21
Thomas Street, as presented by the applicant at the Planning and
Development Council meeting of February 12, 2018, be referred to a Special
Heritage Oakville Advisory Committee meeting to consider the revisions
presented by the applicant and architect and that the minutes be forwarded
to the Council meeting of February 26, 2018.
2. That should staff be unable to convene a Special Heritage
Oakville Advisory Committee, this application return to Council on February
26, 2018 for Council consideration due to the 90 day timeline ending March
18, 2018.
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CARRIED
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Moved by Councillor Gittings
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1.
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That Heritage Permit Application
HP002/18-42.20R for the construction of a new accessory garage structure,
as attached in Appendix B to the report dated January 10, 2018 from
Planning Services, be approved; and
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2.
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That this heritage permit expire two
years from the date of final approval by Council.
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CARRIED
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Moved by Councillor Gittings
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1.
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That Heritage Permit Application
HP001/18-42.20T for the construction of a new accessory structure, as
attached in Appendix B to the report dated January 10, 2018 from Planning
Services, be approved.
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2.
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That this Heritage Permit expire two
years from the date of final approval by Council.
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CARRIED
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Moved by Councillor Duddeck
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That the remainder of the January 23,
2018 Heritage Oakville Advisory Committee meeting minutes be received.
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CARRIED
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Moved by Councillor Lishchyna
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That the minutes of the Special Heritage
Oakville Advisory Committee meeting of February 6, 2018, be received.
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CARRIED
(Councillor Lapworth
declared a pecuniary interest on Items 4 a and b, and did not vote.)
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RISE AND REPORT TO COUNCIL
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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 Items 1,
2, and 3, Confidential Consent Items C-1, C-2, C-3, Public Hearing Item 4, Discussion
Items 5, 6, 7, 8, 9, and 10, Confidential Discussion Item C-4, and Advisory
Committee minutes Items 11, 12, and 13 as noted by the Clerk.
Moved by Councillor Chisholm Seconded
by Councillor Robinson
That the report and
recommendations of the Committee of the Whole be approved.
CARRIED
Moved by Councillor O’Meara Seconded
by Councillor Hutchins
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2018-014
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A by-law merging Lots 4, 5, 6, 7 and Block ‘A’ and B on Registered
Plan 552 with Part of Lot 17, Concession 3 Trafalgar SDS, and part of Lots 8
and 9, Plan 190, as in 783271, save and except Parts 1, 2 and 3 on Plan
20R-18286, by deeming the Lots and Blocks not to be lots and blocks on a
registered plan of subdivision in accordance with subsection 50(4) of the
Planning Act, R.S.O. 1990, c. P.13, as amended. (Re:
Item 5)
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CARRIED
The
Mayor adjourned the meeting at 11:08 p.m.
________________________________
KATHY PATRICK
ACTING
TOWN CLERK