SIXTH Meeting - Regular Session
The Town of Oakville Council
met in regular session to consider planning matters on this 19th day
of March, 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: - R.
Green, Chief Administrative Officer
- J.
Clohecy, Commissioner of Community Development
- D.
Carr, Town Solicitor
- N.
Chandra, Assistant Town Solicitor
- D.
Brennan, Chief of Staff, Mayor’s Office
- M.
Simeoni, Director of Planning Services
- P.
Kelly, Acting Director of Development Engineering
- J.
Barry, Director of Municipal Enforcement Services
- J.
Tutert, Director of Building Services and Chief Building Official
- G.
Charles, Senior Manager of Current Planning and Urban Design
- J.
Stephen, Senior Manager of Transportation Strategy
- D.
Childs, Manager of Policy Planning and Heritage
- C.
McConnell, Manager of Current Planning (West District)
- H.
Hecht, Manager of Current Planning (East District)
- T.
Lee, Manager of Zoning and Committee of Adjustment
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G. Abma, Planner
- M.
Dalrymple, Planner
- B.
Sunderland, Policy Planner
- K. Patrick,
Acting Town Clerk
- J. Warren,
Council and Committee Coordinator
Declarations of Pecuniary Interest
No declarations of pecuniary interest were declared.
Committee of the Whole
Moved by Councillor Hutchins 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 Elgar
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1.
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That a Subdivision Agreement between
the Town and Dundas Trafalgar Inc. be finalized in accordance with the
standard agreement format; and
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2.
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That 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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3.
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That the agreement with Dundas
Trafalgar Inc. be executed in accordance with By-Law 2013-057.
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CARRIED
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Moved by Councillor Elgar
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1.
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That a Subdivision Agreement between
the Town and Pendent Developments Inc. be finalized in accordance with the
standard agreement format;
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2.
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That 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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3.
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That the agreement with Pendent
Developments Inc be executed in accordance with By-law 2013-057.
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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-992 be approved.
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2.
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That By-law 2018-025 a by-law to assume
public works, streets and the Stormwater Management Pond within Plan
20M-992, 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 report from the Legal
Department dated March 7, 2018, be received.
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2.
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That the Town Clerk forward a copy of
the report to the Environment and Land Tribunals Ontario as the Town’s
submission regarding the proposed Rules of Practice and Procedures for the
Local Planning Appeals Tribunal.
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3.
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That the Town Clerk forward a copy of
the report to the Ministry of Municipal Affairs, the Ministry of the
Attorney General, Halton Region, the City of Burlington, the Town of
Halton Hills, and the Town of Milton for their information.
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CARRIED
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Moved by Councillor Elgar
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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,
1198 Cynthia Lane, 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 this 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
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C-2.
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A Proposed or Pending Acquisition
or Disposition of Land by the Municipality
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Item of New Business from Mayor Burton, March
19, 2018 distributed at the meeting
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Moved by Councillor Elgar
That the recommendation contained
in the confidential New Business item dated March 19, 2018, be passed.
CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
Orinthia Marks,
re: concerns regarding the development for 297 Queens Avenue. Ms. Marks
indicated concerns regarding traffic congestion, pedestrian safety, construction
access to the site, illegal parking and density. Ms. Marks would like the land
owner to consider using the land for something other than a 10-storey building.
Ms. Marks indicated there is a petition against the development with 2300
signatures and the petition is also on change.org.
Sue Heddle, re: concerns regarding
the development for 297 Queens Avenue. Ms. Heddle indicated that currently
Queens Avenue provides a variety of housing options and is densely populated.
Ms. Heddle has concerns with the development regarding lack of unit sizes and
options, water flow, storm water management and the current amount of bedsheets
hung as curtains in the units. Ms. Heddle also indicated concerns regarding
parking and lack of bike racks in the area.
Oz Kemel, Partner
with MHBC, on behalf of the land developer for 297 Queens Avenue, re: plans for
the development at 297 Queens Avenue. Mr. Kemel indicted he would be happy to
address concerns with the residents of the neighbourhood. Mr. Kemel also
advised there would be 160 bicycle parking spots, and that the townhouses being
developed would face Trafalgar, as well as the amenities would be shared with
the other building. Mr. Kemel also noted that he will look into the building
maintenance issues and that additional traffic flow from the development should
be anticipated.
The following communication(s) were distributed at the meeting:
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(March 16, 2018), Jennifer Schaffer
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(March 4, 2018), Bob & Laraine Bowen
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(February 27, 2018), Glynne Richard
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Moved by Councillor Knoll
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1.
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That the comments from the public with
respect to the zoning by-law amendment application by IMH Queens Ltd., File
No. Z.1513.28, be received.
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2.
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That analysis of the following matters
of interest to Council be included as part of the recommendation report:
- Concerns with respect to reductions
in parking, this must be furthered considered.
- Staff should consider future
development not just existing when dealing with traffic issues.
- Drawings should reflect the reduced
setbacks.
- Confirm the Region has been consulted
with respect to road needs and the proposed setbacks from Trafalgar
Road.
- Could as of right designs be
developed for Council to consider, to better understand massing?
- Consider traffic issues on Trafalgar
Road resulting from the proposed development.
- Can the placement of an amenity space
as part of the green roof be considered?
- Can an estimate be provided as to
what percentage of massing the proposal provides versus as of right development?
- Does this over constitute
overdevelopment, what is the planning justification given the impact,
PJR, water, roads, parks, landscape setbacks and amenity space?
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
Karen Moore,
re: in support of the staff recommendation for Belyea Street. Ms. Moore
advised that the development of town houses will improve the community, however
the amount of townhouses should be less than 20. Ms. Moore also indicated that
the community does not want any more 6-plex dwellings in the area; and filed a
written submission.
Scott Niewland and Emilio Fabris, re:
in support of the staff recommendation for Belyea Street. Mr. Niewland and Mr.
Fabris indicated their support for town home development, however, there are
privacy concerns with the height of the town homes. As well as design concerns
in terms of fitting with the character of the neighbourhood. Mr. Niewland and
Mr. Fabris want to ensure the town homes are the right fit for the area and
that any parking and site plan issues are addressed; and filed a written submission.
Oz Kemel, Partner
with MHBC, on behalf of the land developer for 297 Queens Avenue. re: the
development on Belyea Street. Mr. Kemel indicated that while the area is zoned
for six-plexes, his client would prefer to build town homes as is preferred by
the neighbourhood. Mr. Kemel also requested that an extension on the
application time frame be granted as to further work with the community and get
the application to meet the right fit. It was further indicated there was
scheduling issues when the applicant attempted to meet with the Region regarding
the plan, and as such requested an extension if possible; and filed a written
submission.
Shelley Thornborrow, President of the
Bronte Village Residents Association, re: in support of the staff recommendation
for Belyea Street. Ms. Thornborrow indicated that an analysis of current
zoning should be completed, as six-plex dwellings are not appropriate to the
area. Issues that need to be addressed regarding this application include,
inadequate parking, canopy clear cutting and design guidelines for the area;
and filed a written submission.
The following communication(s) were distributed at the meeting:
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(March 16, 2018), Kelly Oksenberg, Overland LLP
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(March 15, 2018), Carol Todd-Skuce, Karen Moore,
Steve Kernohan and Nicole MacDonald
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(March 8, 2018), Bob Vickers
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(March 3, 2018), Gary (no last name)
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(February 28, 2018), Matthew Kilkenny
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(February 26, 2018), Amanda Magda
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(February 22, 2018), Louise Preston
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(February 5, 2018), Stephen McGarvey
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Moved by Councillor O’Meara
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1.
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That comments from the public with
respect to the Zoning By-law Amendment application by Belyea Developments
Inc., (File No. Z1728.64), be received.
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2.
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That analysis of the following matters
of interest to Council be included as part of the recommendation report:
- Do we know heights of similar
buildings to the east, west and north of the subject lands?
- Can we investigate the affordable
rental numbers for 2017?
- Concerns regarding Belyea; e.g.
overbuilt, transition, appropriate and suitable for area.
- Consider combining the application
with the south side of Hixon Street in order to clean those units up.
- Planning to consider as of right 12m in
the zoning and how this can be reconciled in light of Livable Oakville
section.
- Broaden to all factors to include
list under 11.1.9 of the Official Plan, not just height.
- Water management and storm water concerns.
- Parking in the area.
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CARRIED
The following communication(s) were distributed at the meeting:
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(March 13, 2018), Karanjit Singh and Family
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Moved by Councillor Elgar
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1.
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That comments from the public with
respect to the Zoning By-law Amendment application by All Seniors Care
Acquisitions Ltd.
(File No. Z.1327.01), be received.
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2.
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That analysis of the following matters
of interest to Council be included as part of the recommendation report:
- Revisit issue of potential employment
land conversion so that we are in conformity with the Growth Plan etc…
- How many employers, is there a
potential for an employment conversion needing an Official Plan
Amendment through an Municipal Comprehensive Review?
- Do we have a definition for
residential that have multiple uses that are accessory to the
permitted main use – How are services paid?
- Have an issue with the uses proposed
and how this bundle of uses related to assisted living.
- Sensitive uses regarding sterilizing
the balance of the lands.
- Will there be individual kitchens or
commercial kitchens?
- Is this similar to Amica?
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CARRIED
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Moved by Councillor Duddeck
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1.
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That the staff report titled “Kerr
Village Community Improvement Plan – Building Façade Improvement Grant
Program – 2017 Monitoring Report”, be received;
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2.
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That the Building Façade Improvement
Grant Program, a pilot program launched under the Kerr Village Community
Improvement Plan, conclude; and,
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3.
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That improvement projects approved in
2017 which have not been completed continue to be processed, as per the
administration and review process, to their logical conclusion, including
the option for a one year extension as necessary.
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CARRIED
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Moved by Councillor Duddeck
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1.
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That the property at 333 MacDonald Road
be removed from the Oakville Register of Properties of Cultural Heritage
Value or Interest; and
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2.
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That, prior to demolition, the property
owners allow for the salvage of historic materials from the house.
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
BEYOND THE HOUR
Moved by Councillor Adams
That this
meeting proceed past the hour of 10:00 p.m., but no later than 10:30 p.m.
CARRIED
Denisia Mesinschi, re: amendments to
the by-law. Ms. Mesinschi suggested that amendments be made to the by-law
regarding the primary and secondary unit of a dwelling to accommodate for short
term rentals.
Janet Haslett-Theall on behalf of
Joshua Creek Residents Association, re: short term rentals do not support
community development. Ms. Haslett-Theall advised that businesses should not
be operating in residential areas. Ms. Haslett-Theall would like to see a
total annual cap in days rented, support principal residence, encouragement for
long term rentals and a more structured complaint process identified. Would
like item deferred and not passed this evening.
The following communication(s) were distributed at the meeting:
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(March 17, 2018), Rob & Sally Thomas
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(March 13, 2018), W. Asia Polus, Corridor
Management Planner, Ministry of Transportation
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(March 7, 2018) Unknown
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Moved by Councillor O’Meara
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1.
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That the proposed town-initiated zoning
by-law amendments to Zoning By-law 2014-014 and Zoning By-law 2009-189,
regarding short-term accommodations and bed and breakfast establishments
(File No. 42.03.90), be approved on the basis that they are consistent with
the Provincial Policy Statement, conform to all applicable Provincial
Plans, the Region of Halton Official Plan and the Livable Oakville Plan,
have regard for matters of Provincial interest, and represent good planning
for the reasons set out in the report from the Planning Services department
dated February 26, 2018;
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2.
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That By-law 2018-037, a by-law to amend
Zoning By-law 2014-014 to permit and regulate short-term accommodations and
modify regulations for bed and breakfast establishments, be passed; and,
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3.
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That By-law 2018-038, a by-law to amend
Zoning By-law 2009-189 to permit and regulate short-term accommodations and
modify regulations for bed and breakfast establishments, be passed; and,
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4.
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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; and,
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5.
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That By-law 2018-045, as amended,
attached as Appendix A to the March 5, 2018 report the Municipal
Enforcement Services, Legal and Planning Services departments, to licence
and regulate Short-Term Accommodation Companies and Operators, be passed
and effective November 1, 2018;
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6.
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That new licensing fees listed in
Appendix B to the report from the Municipal Enforcement Services, Legal and
Planning Services departments dated March 5, 2018 be approved, effective
immediately, and such fees be included in the 2018 Rates and Fees
schedules.
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CARRIED
(Mayor
Burton noted that Councillor
Gittings
voted against this motion.)
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
Peter DeRosa,
President, Trafalgar Chartwell Residents’ Association. re: In support of
staff’s recommendation and indicated he would follow-up with a written submission.
The following communication(s) were distributed at the meeting:
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(March 19, 2018), Carmina Tupe, Planner, Policy
and Government Relations BILD
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Moved by Councillor Knoll
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That Council receive the Committee of
Adjustment Options Report and that staff proceed with drafting a By-law for
the purposes of establishing criteria for consideration of a minor variance,
in accordance with section 45(1.0.3) of the Planning Act.
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CARRIED
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Moved by Councillor Lapworth
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That the Committee of Adjustment
2016 and 2017 Annual Activity Report dated February 26, 2018 from the Building
Services Department and Planning Services Department be received.
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CARRIED
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13.
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Cannabis
Legalization and Sale
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Report from Municipal Enforcement Services
Department, Planning Services Department and Legal Department, March 1, 2018
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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:
Art Jackes, re: in support of a
Cannabis retail location in Oakville. Mr. Jackes suggested that the store
should be accessible to people using transit, and that if it is inaccessible
people will purchase cannabis on the black market. Mr. Jackes also advised
that educating the public is important in this process.
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Moved by Councillor Elgar
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1.
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That the report on Cannabis
Legalization and Sale from the Municipal Enforcement, Planning and Legal
Departments, dated March 1, 2018, be received.
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2.
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That should the Ontario Cannabis Retail Corporation (OCRC)
continue with its plan to locate a retail location in Oakville, that the
OCRC be requested to delay the implementation of a retail location in
Oakville in order to provide transparent and substantive public
consultation on the proposed location, to ensure that the location is not
in close proximity to schools and residential uses.
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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 Robinson
Councillor O'Meara
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1.
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That Heritage Permit Application
HP004/18-42.20F for the demolition of an existing non-historic 3-car garage
and the construction of a new, connected 3-car garage at 72 First Street,
as attached in Appendix B to the report dated February 13, 2018 from
Planning Services, be approved subject to final details on the roofing,
windows, doors, trim and siding material, including colours being submitted
to Heritage Planning staff for final approval; 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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1.
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That Heritage Permit Application
HP006/18-42.20R for the construction of a new 1-storey addition and
extension to the west and north façades respectively of the c. 1987
addition; and, a new second floor addition to the original c. 1928 section
of the house at 230 Reynolds Street, as attached in Appendix B to the
report dated February 13, 2018 from Planning Services, be approved subject
to final details on the new windows and doors being submitted to Heritage
Planning staff for final approval; 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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1.
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That Heritage Permit Application
HP005/18-42.20L for the Lakeshore Road Final Streetscape Plan, as attached
in Appendix B to the report dated February 13, 2018 from Planning Services,
be approved; and
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2.
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That this heritage permit expires three
years from the date of final approval by Council.
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CARRIED
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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 February 12, 2018, be
received.
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CARRIED
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RISE AND REPORT TO COUNCIL
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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,
2, 3, and 4, Confidential Consent Items C-1 and New Business Item C-2, Public
Hearing Items 5, 6, 7 and 9, Discussion Items 8, 10, 11, 12, and 13, and
Advisory Committee Minutes Items 14 and 15 as noted by the Clerk.
Moved by Councillor Lishchyna Seconded
by Councillor Robinson
That the report and
recommendations of the Committee of the Whole be approved.
CARRIED
Moved by Councillor Chisholm Seconded
by Councillor Hutchins
CARRIED
The
Mayor adjourned the meeting at 10:57 p.m.
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KATHY PATRICK
ACTING
TOWN CLERK